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simarc charging "additional rent"

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  • KieronThomas
    KieronThomas Posts: 8 Forumite
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    Thats a worrying estimation even 25% would be q hefty sting.

    Surely this additional rent must be defined and details provided on request. Does anyone know what legislation I should be looking at?
  • G_M
    G_M Posts: 51,977 Forumite
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    No leglisation (that I'm aware of).

    Contract law.
  • TrickyDicky101
    TrickyDicky101 Posts: 3,513 Forumite
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    KieronThomas wrote: »
    Thats a worrying estimation even 25% would be q hefty sting.

    Surely this additional rent must be defined and details provided on request. Does anyone know what legislation I should be looking at?

    Looks to me like it was defined in the lease excerpts you quoted.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    TrickyDicky101 wrote: »
    Looks to me like it was defined in the lease excerpts you quoted.
    Indeed. And you accepted them by buying the flat.

    Your solicitor should have explained them to you.
  • KieronThomas
    KieronThomas Posts: 8 Forumite
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    I have no argument against accepting it on sale I understand that its not understanding what its for.
    Ground rent is a standard term and there plenty of documentation available explaining it. Additional rent is open, try looking it up and all I find is that it could be a service charge but for me that is covered on its own in the lease and I get the break down every year and pay it to Belmont property management and its less then this additional rent.

    I don't expect a golden bullet that sees £1000s coming to me all I'm after is getting simarc to give me the details of the additional rent and if ita unreasonable challenge it.

    I can only blame my self for getting stuck with this but I know I have the right to know what I'm paying for I just don't know where to look to give then no reason to not comply.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    What did your solicitor say when they confirmed you understood your obligations and restrictions under the lease with you, prior to exchange?
    What did the freeholder/management company say when you asked them?

    In a way, it's irrelevant what it's for - or whether you think it "reasonable". It's there in your lease, and you knew (or should have known) it was there in your lease when you bought the place.
  • ognum
    ognum Posts: 4,842 Forumite
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    KieronThomas wrote: »
    Thats a worrying estimation even 25% would be q hefty sting.

    Surely this additional rent must be defined and details provided on request. Does anyone know what legislation I should be looking at?

    As far as I can tell it is an additional ground rent. I'm not sure you do have a right to know what it's for. No one asks the freeholder what they do with the ground rent they receive, they can do what they like with it!

    It is not a service charge so you will not receive a breakdown of it use like roof repairs, gardening etc.

    You agreed to pay it by buying the flat.

    For others, please, please, please read the lease yourself. If there is a part you don't understand ask for a legal explanation.
  • G_M
    G_M Posts: 51,977 Forumite
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    Unless otherwise defined (which you say it is not), the 'additional ground rent' is for exactly the same as the 'ground rent'.

    In both cases, it constitutes income for the freeholder in return for the right to use the building (as defined in the lease).

    It is not a service charge, which can only be spent on specific services.

    It is simpy an 'additional' amount. It is listed separately it seems since the payment terms differ.
  • chris_m
    chris_m Posts: 8,250 Forumite
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    I wonder if the "ground rent" is just for the land upon which the building stands and the "additional rent" is for the flat within the building?
  • G_M
    G_M Posts: 51,977 Forumite
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    chris_m wrote: »
    I wonder if the "ground rent" is just for the land upon which the building stands and the "additional rent" is for the flat within the building?
    Since the lease does not apparantly state this, then no.

    But it really makes no difference.
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