Freeholder withholding bills

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  • Freeholder withholding bills

    Hi there i have sent my freeholder recorded letters asking for the ground and the insurance for my flat which is one of 2 in a Victorian conversion. I know there is ground rent to pay because i have a copy of the lease, I have had no response since dec 11 what is my next course of action. I do want to sell the flat in the next 5 years will i have difficulty selling because i have not paid no ground rent nor buldings insurance since purchase in Jan 07.
    Many thanks in advance

  • #2
    Ground Rent is payable if you have been served demands complaint with S166 of CALRA 2002, it appears you havnt, so nothing is payable..BUT as you wish to sell this may cause a problem, IF you wish to sell it soon but you nmetion the next five years. The limit for demanding it is 6 years so you may find that GR older than this will be unrecoverable anyway.

    If you have the lease and it says the amount of Ground REnt, you could of course just send a cheque ?

    Is the buidling being insured ?. It is very important that you find out !. You can request insurabnce details under The landlord & Tenant Act 1985, it is a criminal offence not to comply, if you get no response you may wish to consider informing the local authority and perhaps insuraing the property yourself.

    Andy
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


    • #3
      Originally posted by andydd View Post
      Ground Rent is payable if you have been served demands complaint with S166 of CALRA 2002, it appears you havnt, so nothing is payable..BUT as you wish to sell this may cause a problem, IF you wish to sell it soon but you nmetion the next five years. The limit for demanding it is 6 years so you may find that GR older than this will be unrecoverable anyway.

      If you have the lease and it says the amount of Ground REnt, you could of course just send a cheque ?

      Is the buidling being insured ?. It is very important that you find out !. You can request insurabnce details under The landlord & Tenant Act 1985, it is a criminal offence not to comply, if you get no response you may wish to consider informing the local authority and perhaps insuraing the property yourself.

      Andy
      He has ignored the letters and phone calls was is my next step. when i sell it and they ask why i have not paid any ground rent or insurance surely this will scare potential buyers

      Comment


      • #4
        I have to admit I dont know what happens in this scenraio, I thought the freeholder is asked whether there is money owing or any disputes, it may be the answer to both of these is 'no'.

        Andy
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

        Comment


        • #5
          If the freeholder has not insured the building, ( you of course
          need to pay 50% of it ) and looks unlikely he would insure and not
          ask you for the 50%, I can assume the building is not insured.

          If not insured, and the building burns down, you have no home, and
          you have to continue pay the mortgage for a home you no longer
          have or can live in.

          Next step: ( as andy says )
          request insurance details under The landlord & Tenant Act 1985,
          stating that he will be committing a criminal offence not to
          comply, and his fine would be a around £ 2000.
          And you have been asking since last year, so he has had
          enough time to reply to you, and that if you dont get the
          details you require, you will commence proceedings under the
          landlord & Tenant Act 1985, and he will also be fined for not
          supplying in the first place.

          See if you get an answer to that.
          Do not send registered post, as if he is out, he wont be bothered
          to get a bus to the sorting office to get his mail.

          Send 2 identical letters, from 2 different post offices, and get a
          receipt of posting ( showing the recpients address ) as that is
          enough proof that the letter/ s DID get pushed through his letter box.

          If no reply, come back on here for info to sue him for the information.

          R.a.M.

          Comment


          • #6
            Also send to an email, Fax or DX addy if you have any of these.

            Andy
            Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

            I do not accept any liability to you in relation to the advice given.

            It is always recommended you seek further advice from a solicitor or legal expert.

            Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

            Comment


            • #7
              Originally posted by ilona pinter View Post
              when i sell it and they ask why i have not paid
              any ground rent or insurance surely this will scare potential buyers
              The freeholder is under no obligation to forward any details to
              any solicitor when information requested ref ahouse sale /
              purchase, so it would seem if he wont talk to you, he wont talk
              to them.

              The freeholder will be asked if service charges are paid upto date,
              if he does not reply ( very likely ) you can just say he has not
              indicated there is anything owing, and not worth his time by saying
              so.

              The freeholder will be asked if service charges are paid upto date,
              --same as above answer.

              The freeholder will be asked to give a copy of the current insurance
              documentaion. if it's not insured, you may well lose your buyer.
              ( Probably a certainty )

              You may be asked if an asbestos report has been done
              You may be asked if a fire and safety report has been done
              ( legal requirements )

              Above 2 mayaply to just 2 flats, but am not sure.

              So, yes, you may not be able to sell.

              R.a.M.

              Comment


              • #8
                Can i not simply just insure my flat and have all the documents ready for when i sell. thankyou very much for your help guys and girls

                Comment


                • #9
                  Originally posted by ilona pinter View Post
                  Can i not simply just insure my flat and have all the documents ready for when i sell. thankyou very much for your help guys and girls
                  You cannot insure your flat only.

                  You have to insure the building, all 2 properties.
                  It's the building that contains your flat, and all other flats.

                  And you will be insuring for the loss of 2 flats in the event of fire.

                  Purchases will not want to know, if they have to insure ALL the
                  building.
                  Are you paying service charges ? and if not, that will put off buyers.

                  Comment


                  • #10
                    Originally posted by ram View Post
                    You cannot insure your flat only.

                    You have to insure the building, all 2 properties.
                    It's the building that contains your flat, and all other flats.

                    And you will be insuring for the loss of 2 flats in the event of fire.

                    Purchases will not want to know, if they have to insure ALL the
                    building.
                    Are you paying service charges ? and if not, that will put off buyers.
                    i don,t pay no service charges just the ground rent and insurance, but obviously have not paid neither because freeholder will not send me bills even after many requests have been sent.

                    Comment


                    • #11
                      Originally posted by ilona pinter View Post
                      I do want to sell the flat in the next 5 years will i have difficulty selling because i have not paid no ground rent nor buldings insurance since purchase in Jan 07.
                      Many thanks in advance
                      There shouldn't really be a problem as long as you have the funds to pay when selling. Alternatively you could negotiate with the purchaser for them to pick up the bill.

                      You may have a problem selling if the landlord is neglecting his duties. Who would want to buy a flat in a building that is not insured?
                      I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                      Comment


                      • #12
                        I have sent the letters requesting insurance and ground rent invoices schedules etc no response that's four letters since dec 11, I,m gonna be screwed when i sell this flat. What is my next course of action. I don,t get on with the freeholder but i want to pay my share of the insurance and pay the ground rent he shows no concern. help really needed.

                        Comment


                        • #13
                          Originally posted by ilona pinter View Post
                          I have sent the letters requesting insurance and ground rent invoices schedules etc no response that's four letters since dec 11, I,m gonna be screwed when i sell this flat. What is my next course of action. I don,t get on with the freeholder but i want to pay my share of the insurance and pay the ground rent he shows no concern. help really needed.
                          You have several possible options in regard to the insurance.

                          There may be something in the lease that requires the LL to provide information on insurance. If so you could take him to court to request an injunction/order for specific performance.

                          If the lease requires that you pay a service charge which includes insurance then the LL is bound by statute to provide certain insurance information and facilities to inspect. If he fails to respond properly to a valid request then he can be fined up to £2500. The Local Housing Authority may act on your behalf regarding this or you may bring a private prosecution in the magistrates court. See here

                          If the LL fails in either of the above then you can apply to the Leasehold Valuation Tribunal to have them appoint a manager. See here.

                          You might also want to look into "Right to Manage" or "Collective Enfranchisement". See here. I haven't checked back through the thread to see if this is suitable for your personal situation.
                          I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                          Comment


                          • #14
                            Sharing your frustration with a purchaser is more likely to put them off.

                            You can explain, simply, that the GR is £x, that the landlord has not billed the ground rent ( leave out your chasing it etc )and in case he ever does, as he can bill the last 6 years, you are going to knock that off the price.

                            Via the Tenancy relations officer of your local council, they can write to the landlord requiring insurance particulars threatening prosecution, or you can in turn ask a solicitor, who you will want for the sale anyway, to write to the landlord.
                            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                            Comment


                            • #15
                              Thankyou very much guys

                              Comment

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