Ground rent arrears

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    Ground rent arrears

    Hi,

    I'm wondering if anyone can help or offer advice.
    My wife and I purchased and apartment some 4 yrs ago which decided to let.
    We received notification that out ground rent (GR) was due which we failed to receive as we didn't pick up mail that had been forwarded. (Our fault).

    Another letter was sent that stated our GR was late, we immediately emailed the company to pay, they only have email as means of contact, we received an automatic email notification that we would be contacted as soon as possible.

    In the mean time we paid the amount in full, some 2 days later the company emailed to say they wouldn't deal with us as the case had been referred onto there solicitors (the GR was 6 weeks late). But would happily accept the payment.

    We then contacted the solicitors to be told that we now owed £500.00 in fees and late charges.

    The solicitors at the point hadn't made any contact or sent out any letters etc, but state that they sent a letter the day after we paid so they would take £100 of the charges, now £400.00.

    Very abruptly we were told the amount was non-negotiable and was due immediately and if they had to send out further letters then the amount would increase.

    Am I wrong to think that any request for charges etc must be made in writing.

    And that this is ridiculous !!!!!!
    We had some, what I think, is a reasonable set of circumstances to not picking up mail.y wife had recently became a mum and I was abroad with work.

    Anyone that can help, much appreciated.

    Also the property is now for sale, will we be due refund if we leave before the period ends that we have now paid?

    Thanks

    Fergi

    #2
    I think the ground rent demand must be sent with the attached form : http://www.lease-advice.org/document...ce_England.pdf

    Check the clause in your lease for interest charged for any ground rent and service charge payments in arrears .

    Comment


      #3
      if you check my FAQ on "is it Due" and "late payment charges" it will explain how to deal with those there.
      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
        This is something I have seen a lot of, adding on huge charges for late payment of GR.

        Yes of course any requests for extra admin fees must be made in writing, you may or may not like to inform them of this.

        So, to be payable, you should of received GR demands complying with S166 as Gordon has linked above.

        As for any extra late payment charges, these are only payable if:-

        1. The GR has been properally demanded

        2. The lease allows (many simply do not, you will have to read your lease carefully).

        3. These extra charges have been demanded from you with the correct (wording AND font size) Administration Charghes - Summary of Rights as per here > http://www.lease-advice.org/publicat...nt.asp?item=89

        Even if the above have been met then you can apply to an FTT (LVT) that the amount is not reasonable.
        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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