Section 166 Question

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    Section 166 Question

    Hello, can anyone answer the following please as I am getting confused.
    Relating to a Freeholder being compliant with Section 166, the ground rent notice must be sent not less than 30 days or more than 60 days etc etc.

    Does this mean, that for example, if ground rent was due 1st June to 30th Nov, the demand must have been served either prior to 1st May or no later than 1st August to be valid?

    Thanks.

    #2
    Well it certainly can be served upto 6 years later. Ill have a re read of it to remind myself.
    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
      No the 30/60 day periods relate to the date on which the notice is made.
      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


        #4
        So if the demand is sent say 15th May for a period 1st June to 30th Nov, can you please explain the 30/60?

        Comment


          #5
          Its the date on the notice not the demand ( though it might be in one continous format), and its explained in note 2 of the notice... !

          eg It requires you to pay rent of £ x on 16th June ( ie 15th May plus at least 30 days)

          or It requires you to pay rent of £ x on 14th July ( ie 15th May plus not more than 60 days)

          So the date you must pay for rent that was due under the lease on 1st June* and the date in the notice was 15th May, must be a date between 16th June and 14th July (give or take a day as I err on the side of cautious.)


          * I think that you are really trying to say if my rent is for 1-6 to 30-11, why pay now?
          That therefore depends on what the lease says and when the due date is. I suspect that the rent is due under the lease on 1st June , 6 months in advance.

          The notice would therefore be correct if dated 15th May, in asking for you to pay it on a date specfied in the notice between mid June and Mid July.
          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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