CCJ for unpaid ground rent?

G_M

hot_socks wrote: »

Thanks for the replies so far......

I have spoken with the tenant, and he has alluded to me that he may have ocassionally misplaced my mail - not that there is much that gets sent there because all relevent agencies were informed.

......
Looks like there will be a unreliable tenant looking for a new place to stay.......

What?? Have you actually been paying this luckless tenant to act as your postman? !

If not, you have absolutley no grievance with him. It is NOT the job of a tenant to manage your mail. Putting it back in the letter box marked "Return to sender" would be perfectly acceptable - as would doing nothing with it.

If I was your tenant and you took the 'scruff of the neck' approach, I know who I'd be phoning......

sonastin

G_M wrote: »

What?? Have you actually been paying this luckless tenant to act as your postman? !

If not, you have absolutley no grievance with him. It is NOT the job of a tenant to manage your mail. Putting it back in the letter box marked "Return to sender" would be perfectly acceptable - as would doing nothing with it.

If I was your tenant and you took the 'scruff of the neck' approach, I know who I'd be phoning......

Whilst I agree with the sentiment the its not the tenants problem, if the history between the two goes something like this:
"I think I've informed everyone but if I've missed anything would you mind forwarding any post addressed to me? If its a problem let me know and I'll do what I can to make alternative arrangements"
"No no, its absolutely no trouble, I'll send everything as soon as it hits the mat"
(some time later)
"I just wanted to check, has there been any mail that you weren't able to send on? I seem to have missed a couple of letters that I was expecing"
"Oh no, nothing. I've sent every single letter that has ever arrived. Definitely. Every last little bit of post has been forwarded".

... then I think the OP has a little bit of a right to be agrieved with the tenant!

Not a big enough grievance to result in summary eviction, but following due process for a no fault repossession wouldn't be out of order in these circumstances.

tbs624

hot_socks wrote: »

In hindsight yes, the mere fact that there was ground rent surprised me. I should have paid more attention in the solicitors.

You cannot blame your own shortcomings on your hapless T: your comments about "dragging the T by the scruff of the neck" are wholly inappropriate

It's your responsibility to acquaint yourself with all liabilities arising under ownership of the property, including the obligation to pay GR. You failed to check what payments are due as the owner of this flat.

You failed to pass on your own address to the Freeholder and expect your T to act as your post master. You could at the very least have set up a RM redirection service but chose not to.

As you have presumably now told the FHer that your property is let out, they will of course claim to have sent *many* letters there as it's your Ts word against theirs, unless they can prove delivery.

Are there any other things that you have overlooked - payment of a block insurance policy perhaps?

Do you have a standard resi mortgage on this property? Have you actually obtained Consent to Let?

hazyjo

Is the freeholder actually legally obliged to bill you for ground rent anyway? Aren't you just legally obliged to pay it? Maybe it's just S/C (or maybe I'm making it uip!). Used to work for a managing agents and am sure that was our argument against people who'd not paid S/C (not sure if it applies to G/R). All a very long time ago now so things might have changed anyway.

Weren't you wondering where all the demands were? Surely you must've realised that you'd not paid it for 4-5 years! A year, maybe, you could've forgotten, but 4-5?

Jx

hot_socks

G_M wrote: »

What?? Have you actually been paying this luckless tenant to act as your postman? !

If not, you have absolutley no grievance with him. It is NOT the job of a tenant to manage your mail. Putting it back in the letter box marked "Return to sender" would be perfectly acceptable - as would doing nothing with it.

If I was your tenant and you took the 'scruff of the neck' approach, I know who I'd be phoning......

G_M if you have no constructive advice to give, do not make statements like the above. This forum is about knowledge shared amongst ourselves to avoid and/or deal with unexpected problems.

You haven't properly read or understood this series of posts yet you decided to gob - thanks but no thanks

Clear off!

hot_socks

:mad: Ok now im surprised by the replies so far....

This post is about the due process for an unpaid bill.

Not about tax avoidance, consent to let or whatever else nonsense other forum members what to waffle about.

Clearly there is no sensible advice to be given here - however to all those that did help, Ta very much.

RAS

Hi

I am also surprised. If you wish to object, click the report to abuse tab and they will deal with it.

I am guessing from your reference to a decree that you are in Scotland?

if so many of the factual responses may be incorrect.

I would suggest that you look at the National Debtline website (will post a link), read their Scottish section and maybe phone them for advice.

pippa80

Sorry to hijack this slightly but:

Is the freeholder actually legally obliged to bill you for ground rent anyway? Aren't you just legally obliged to pay it? Maybe it's just S/C (or maybe I'm making it uip!). Used to work for a managing agents and am sure that was our argument against people who'd not paid S/C (not sure if it applies to G/R). All a very long time ago now so things might have changed anyway.

I am expecting to receive a bill at some time for the ground rent on the flat we bought late last year. Is it not normal practice for the freeholder to bill you?

G_M

pippa80 wrote: »

Sorry to hijack this slightly but:

I am expecting to receive a bill at some time for the ground rent on the flat we bought late last year. Is it not normal practice for the freeholder to bill you?

Frequently Asked Questions

My landlord has not demanded ground rent. What should I do?

You are not liable to pay ground rent unless the landlord has demanded it using the prescribed form.

More useful answer here.

G_M if you have no constructive advice to give, do not make statements like the above. This forum is about knowledge shared amongst ourselves to avoid and/or deal with unexpected problems.

The rights of the tenant represent knowledge which I shared with you, hot socks, in the hope that understanding those rights more fully would save you unexpected problems in the future. Not 'gobby' at all!

DVardysShadow

hot_socks wrote: »

G_M if you have no constructive advice to give, do not make statements like the above. This forum is about knowledge shared amongst ourselves to avoid and/or deal with unexpected problems.

You haven't properly read or understood this series of posts yet you decided to gob - thanks but no thanks

Clear off!

Oh dear, an "I don't like the advice" tantrum

hot_socks wrote: »

:mad: Ok now im surprised by the replies so far....

This post is about the due process for an unpaid bill.

Not about tax avoidance, consent to let or whatever else nonsense other forum members what to waffle about.

Clearly there is no sensible advice to be given here - however to all those that did help, Ta very much.

The advice not to use you tenant as unpaid postmaster clearly does not help you resolve the problem which has arisen. But you would have to be short sighted to the point of self absorption not to acknowledge it could save you a lot of problems going forward from this point.