Ground rent demand

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    Ground rent demand

    Good morning i got a ground rent demand from my freeholder this morning to my email address i don,t believe it to be valid it is as follows.

    22 nov 2008 to 21 nov 2009
    £250

    22nov 2009 to 21 nov 2010
    £250

    22 nov 2010 to 21 nov 2011
    £250

    22 nov 2011 to 21 nov 2012
    £250


    Total £1000

    You can send a chq addressed to ..................


    And there it is my ground rent demand sent to my email address, if the amount is older than 3 years do i have to still pay?. This is the same freeholder who told me i cannot extend my lease to 90 plus my unexpired term. what should i do. Also i brought the flat in december 2008 am i still liable for the ground rent in nov 2008. Many thanks in advance

    #2
    The amounts and timing must match with your lease, and any demand as you know must contain the information required by sections 47 and 48 LTA 1987 and the Section 166 notice CLRA 2002. If it comes via email so much the better.

    He can claim up to 6 years rent and you will have to check your purchase file and completion statement as to whether an apportionment of ground rent was made or it was left for you to pay.
    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


      #3
      The date of payment as stated by the lease is on the 25 th of march each year so there not matching. whats the worse thing to happen if i don,t pay... It clearly is not valid Thanks Ilona

      Comment


        #4
        Well he has several recovery options all of which seem defend able however that will lead to some strain time and a risk of costs on your part.

        Better to write and explain the legal requirements for demands that he can enforce and the correct periods, as well as the amount due after completion to March, offering to pay that amount of receipt of the updated demands.
        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


          #5
          Originally posted by ilona pinter View Post
          Good morning i got a ground rent demand from my freeholder this morning to my email address i don,t believe it to be valid it is as follows.

          22 nov 2008 to 21 nov 2009
          £250

          22nov 2009 to 21 nov 2010
          £250

          22 nov 2010 to 21 nov 2011
          £250

          22 nov 2011 to 21 nov 2012
          £250


          Total £1000

          You can send a chq addressed to ..................


          And there it is my ground rent demand sent to my email address, if the amount is older than 3 years do i have to still pay?. This is the same freeholder who told me i cannot extend my lease to 90 plus my unexpired term. what should i do. Also i brought the flat in december 2008 am i still liable for the ground rent in nov 2008. Many thanks in advance

          You are definitely responsible for ground rent from the date of purchase completion in Dec 2008. Since the ground rent was due on 22 Nov, you are really quibbling over one month's ground rent - roughly 20 pounds which should have been paid by previous leaseholder. It may have been apportioned at sale completion.

          So if it was not apportioned, then pay up.

          Comment


            #6
            The point is the demand is not valid if the freeholder can,t be bothered to send a valid demand for ground rent why would i pay it. He ain,t doing me no favors.

            Comment


              #7
              Originally posted by Gordon999 View Post
              You are definitely responsible for ground rent from the date of purchase completion in Dec 2008. Since the ground rent was due on 22 Nov, you are really quibbling over one month's ground rent - roughly 20 pounds which should have been paid by previous leaseholder. It may have been apportioned at sale completion.

              So if it was not apportioned, then pay up.
              Sorry G but I dont see that at all. It is not due if the amount and timing to do not tie in with the contract- the lease- and are not regarded as due until it complies with S166 or s 47/48.

              Irrespective of what the lease says, the law says he is not responsible until billed correctly.

              The landlord has tried to do an amateur apportionment from completion on Nov 22 which cannot overide the terms of the lease.

              The OP is liable for

              Mar 2012 £250
              Mar 2011 £250
              Mar 2010 £250

              and an apportionment of 123 days from 22-11 to 24-3 of £250/123 = £84.25

              He will have to check and see what the prior owner had paid to see if he is liable for anything prior to 22-11 or afterward.

              At present he looks in for £750 minimum but possibly £834.25 odd.
              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


                #8
                Originally posted by leaseholdanswers View Post
                Sorry G but I dont see that at all. It is not due if the amount and timing to do not tie in with the contract- the lease- and are not regarded as due until it complies with S166 or s 47/48.

                Irrespective of what the lease says, the law says he is not responsible until billed correctly.

                The landlord has tried to do an amateur apportionment from completion on Nov 22 which cannot overide the terms of the lease.

                The OP is liable for

                Mar 2012 £250
                Mar 2011 £250
                Mar 2010 £250

                and an apportionment of 123 days from 22-11 to 24-3 of £250/123 = £84.25

                He will have to check and see what the prior owner had paid to see if he is liable for anything prior to 22-11 or afterward.

                At present he looks in for £750 minimum but possibly £834.25 odd.
                Yes, I had missed OP's post No. 3 about GR due date on 25th March.

                He is liable for the GR due on 25th March 2009, so thats 4 years x 250 pds = 1000 pds minimum owing.

                Comment


                  #9
                  Originally posted by Gordon999 View Post
                  Yes, I had missed OP's post No. 3 about GR due date on 25th March.

                  He is liable for the GR due on 25th March 2009, so that's 4 years x 250 pds = 1000 pds minimum owing.
                  Well it cant be said that " he is" with any certainty.

                  We don't know the date of the lease (pre 96), and what went on beforehand, perhaps the vendor paid the year in full, perhaps he got a refund from the landlord, or the landlord is being crafty.

                  It may well have been apportioned as clearly the landlord doesn't understand, and that said may even just be compounding a much earlier error on his part.
                  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

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