I have been billed for 6 months ground rent in advance by the freeholder. Does anyone know if they have a right to so for this in advance?
Ground rent in advance?
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How do you know its 'in advance' ?. When it comes to service charges, in advance would mean in advance of the date that actual costs, repairs, insurance were incurred by the freeholder.
Ground Rent is just a profit amount for the FH, its the norm to charge at it at start of the year so could be 12 months in advance if you want to look at it that way.
The lease will tell you the date, if its 6 months in advance of that in the lease date then no you dont have to pay it and any demand would be invalid (see S166 here > http://www.legislation.gov.uk/ukpga/2002/15/section/166) so would be unpayable unless/untill a valid demand is sent.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.
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