Backdated Ground Rent

gigz

I've also received a demand for a few pound plus £100 admin charges, even though i have never heard of them or had any contact from them before (they say they have been writing to me for years and sending copies to my mortgage provider) My mortgage provider has had no contact from them about this so i am refusing to pay the fees (i will obviously pay what i owe though, the few pounds) It sounds to me like they are trying to frighten people into paying bogus admin fees and the sickening thing is a lot of people will pay as they will be to worried not to. Its about time vultures like these were stopped once and for all and the more bad publicity the get the better. I bet there's thousands of others in the same boat.

flashspac

I've had the 100 demand for overdue chief rent from Morgoed as well. Has anyone had any success with refusing to pay the 100 pound charge?

crystal48

I recently received a rent demand statement from Morgoed and though it is only £10, there is no mention of how it is £10 (given I have found out that the landlord can only reap back 6yrs in arrears which makes mine £6 (as is £1 per annum). Am I correct in thinking that Morgoed should have sent me a statement outlining the actual arrears?
Or is it because mine states they will accept no less than £10 and if I pay by debit or credit card there is still an additional charge (checked out their website) plus if I was to telephone them, I cannot pay as they require a minimum of £50 by this method!
My name isn't on the letter I received and the copied solicitor letter Morgoed sent on ringing them to find out if genuine was informed that they are now finished with that process of Morgoed buying the ground rents, have to direct questions directly to Morgoed now.
Now sure if I would be making myself liable if I what I consider overpaying Morgoed or would I be doing things legal by just sending them what is owed (I do have a photocopy of my Deeds).

propertyman

Post 41 explains what they should have sent you for you to be liable for the ground rent.

you can therefore say

1: Until I get an invoice or invoices with items 1 and 2 see#41 I am exercising your rights to withhold

2: Pay £6 and be done with it

And in either case that under the Statute of Limitations 1980 only six years in due

crystal48

I decided to email Morgoed the other day (before time runs out when they want the demand (end Nov)) with a few of my own questions.

Here is part of the reply I got:-

The rent was last collected 10 years ago, we are led to believe by our predecessors: hence there is a demand for £10.00.

You are referring to the Limitation Act 1980 in your reference to 6 years. However, the six year period only runs from the date when the rent “becomes due”, and since the Commonhold and Leasehold reform Act 2002 was enacted and came into force, rent only becomes due when it is demanded on a statutory rent demand, which is what you now have for the whole of the unpaid period reproduced on the back of our rather more intelligible demand.

Under the Law of Property Act 1925 a rent application addressed to the owner at the property address is quite sufficient (as is the description, lessee, tenant etc), although since the 2002 Act above referred to, if an owner gives a name, that name may be used until notice in writing to the contrary is received, although we always retain the alternative description of “or owner” after any name given to us.

I found it interesting that this company are assuming the ground rent has not been collected in 10yrs., doesn't sound very legal to me and also direct.gov website must be wrong then as it states ground rent arrears can only be collected up to 6yrs.

I looked online and found several Demand forms for ground rent and mine that Morgoed sent does not have how the calculation has been made to get the final amount they are demanding.

crystal48

Just a s quick PS I have just noticed now that Morgoed are apparently using this 2002 which coincidentally is 10yrs ago.

propertyman

I would reply;

Dear Morgoed

The rent is contractually due on the dates in my lease and I am obligated, contractually, to pay it whether it is demanded or not.

However
1: In enforcing that obligation, the SoL 1980 puts a 6 year limit as the rent is due under the lease on the terms, above. That limits it to £6 and a daily rate from the date of your claim.

2: that said you are incorrect in the application of Section 166 merely obligates you to notify and gives me a right to withhold.

166 Requirement to notify long leaseholders that rent is due(1)A tenant under a long lease of a dwelling is not liable to make a payment of rent under the lease unless the landlord has given him a notice relating to the payment; and the date on which he is liable to make the payment is that specified in the notice.

Therefore the six year limitation period starts as and when the rent is due under the lease, whether demanded or not. As you or your predecessors failed to notify me therefore I am entitled to withold. The commencement date of Section 166 was 28-2-2005 and therefore the 6 years of rent due are covered.

http://www.lease-advice.org/information/faqs/faq.asp?item=178

Impulse9

I have had an exchange with Morgoed this week, after being sent a demand for ground rent for my house out of the blue. I went to the Land Registry and obtained a copy of the registration document which clearly stated it had been paid off 8 years ago.

Morgoed had tried to extort money out of me with no legitimate claim whatsoever with a speculative and threatening letter. How many other people have paid up having no need? I had a heated telephone call with pompous and obnoxious Morgoed Company Director Jonathan Howard Roberts. After sending him my land registration document I received a half arsed apology, but to my mind this man was attempting to commit fraud by misrepresentation. He is no better than a Nigerian lottery fraud scammer and I urge everyone to challenge him in the strongest possible terms.

I have contacted West Midlands Police, Trading Standards, My MP and his MP to vent my frustration. I also intend to contact TV consumer shows in the hope they expose and embarrass this revolting individual.

abbyy

Impulse 9 read your post with interest. as i,m not allowed to post attachments, google Roberts v Ludlow Justices makes for interesting reading

Maat

I've just received one of these letters from Morgoed and it stinks of scam to me. They don't seem to have even made an effort with the supposed letter from the previous owners of my ground rent (who I've never heard of).

The other thing which led me to this thread was the fact that they've addressed me simply as 'the owner' which leads me to believe that they've simply taken a bunch of addresses from my council's electoral register. If they genuinely had access to my ground rent contract they'd surely know who I was.

When I first came to live here my ground rent was paid by my next door neighbour (with my contribution) as the two properties were originally built together on a site owned by one person. I've not had my neighbours ask for the money off me for several years and I'm not in a position to ask them about it given their clear malice towards me (long story). However, last year I had the entire papers for the property dating back to the 1910 land purchase sent to me from The Land Registry. I took this to mean that the freehold contract of 99 years was now at an end. If this is so then surely no-one is entitled to claim ground rent off me.

I'd be grateful for any advice, especially of any leads for where I can get help. I suffer very badly with depression and it's hard for me to cope with things like this.