Section 166 Notice Query

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    Section 166 Notice Query

    By mistake I forgot to pay my Ground Rent on 1 July 2012 of £49.50. I have now received a notice that the matter has been referred to the Managing Agents Collection Team and a Late Payment Charge
    This has prompted me to look at the Section 166 Notice in more detail it states the Landlord Name as "Company Name MCL" this differs from the actual name of the company as per Companies House Records which have "Company Name MANAGEMENT COMPANY LIMITED". I am aware the Companies Act has quite exacting requirements regarding Company Names and was wondering if this discrepancy could have any effect on the validity of the Section 166 Notice.

    1 July 2012 ?
    then pay it now, as it's only August 2012 ! !

    If it were me, I would send the cheque ( but I assume you have already
    paid it ---- foolish not ot have ) with a strongly worded letter stating

    "Payment due July 2012, and you received the money August 2012.
    How dare you refer this to your Collection Team and charge a Late
    Payment Fee.

    If this is your attempt to make easy money, then this person is not
    for fleecing.
    The ground rent has been paid within one month due, therfore cannot
    be considered a deliberate act of withholding rent, and a simple letter
    from you to remind me [ Oh by the way, we have not received your
    ground rent. This may be an oversight on your part. Please forward
    by return of post so that we do not have to instigate the late payment
    proceedure ]

    But, no, wham -- lets make easy money, lets not be consderate or
    buisiness like.....

    You have the ground rent, and we will say no more about your
    inconsiderate, unbusiness like attitude in this matter.
    Yours faithfully" -- etc.

    It may work.



      For the length of your lease you have x years notice of a payment due (RAM) by 1st July, that doesn't mean 6 weeks later.

      Turning to the notice if we assume that Company name are the ones getting the ground rent and are not collecting it for another person or body, which would entirely invalidate the notice, the notice has to be accurate.

      You can reply

      The notice under 166 requires that the landlord identify themselves and their name is ( in full). The freeholder is therefore Company name and not Short name and no such company exists.

      Having failed to properly identify the landlord the rent is not due until I receive a notice. Once I receive that, which is happily easily re typed, I will pay by return.

      Would you please identify the clause in the lease that allows the landlord to charge an administration fee for late payment on the collection of ground rents.
      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.


        Thank you for your answers


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