Ground Rent + Building Insurance Backdated?

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    Ground Rent + Building Insurance Backdated?

    Hello

    We own a flat leasehold and have lived there for 4 years. This week we got a letter saying that we owed 4 years of ground rent at £10 per year and 4 years of building insurance at £70 per year.

    They have demanded the money be paid within 7 days or legal action will be taken.

    Are they able to back date these charges even though they have never invoiced us for them in the past?

    Thanks

    #2
    Ground is only due, for up to 6 years if it contains the information under section 47 and 48 of the landlord and tenant act 1987 and is sent with the notice under section 166 CLRA 2002.

    Insurance even if reserved as rent is limited to costs incurred in the last 18 months must be accompanied with the section 47/48 information and the summary of rights or it can be witheld.
    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
      This a long lease ?. £70 per year insurance !!, Im being asked for £700 for a modest flat.

      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


        #4
        Flats in my block were charged about £420 per year for buildings insurance. So your charge of 70 pds for insurance looks very fair. So just pay up.

        What really matters is if your lease terms falls to 80 years or below. Then you would need to seek a stautory lease extension of 90 years at peppercorn ground rent.

        Comment


          #5
          £70 may be very fair but as LHA pointed out, they are only able to legally claim paym,enmt for the last 18 months, of course a LL could claim for further back IF he has sent demands compliant with S20B(2) of LTA 1985, as it appears he sent nothing then I suspect the otucome will be:-

          1 year insurance owing (assuming demand is valid)

          4 years growing (assuming demand is valid but if not he has another 2 years to sort this)

          7 days seems a bit of a tight deadline, and if the new demands are not valid then nothing is payable (at the moment), its upto them if they want to waste money pursing legal action. They also really should be following the CPR pre-action protocol.

          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

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