I don't think I have permission

Lexxi

My tenant recieved a letter by recorded delivery addressed to me and has passed it on. It's detailing arrears on the ground rent with an admin charge. When I bought the property I was told that one of the neighbours collected the ground rent but I don't think I was ever asked for it. I moved out about 18 months after buying the property and began to let the property out. I haven't ever had any correspondance from the land owner but I got permission from the mortgage lender to let the property.
I have been told today that the owner of the land changed two years ago and it's still my responsibility to pay. They have also said that I need permission from the land owner to let the property out. I know that I can have the property taken off me if it isn't paid but what will happen about not getting permission to let? I didn't realise I had to, I just thought that they got rent for the house standing there? The person I spoke to was incredibly agressive, refused to answer my questions and told me my tenancy agreement wasn't real because I didn't have a BTL mortgage, then refused to send out a copy of the lease.
I don't really feel able to phone them up again but I could do with getting some more information.

G_M

1) Ground rent is only payable if the Freeholder sends an invoice in the correct form. If you have never received this, you do not need to pay. See here.
2) However, if/when the proper invoice IS received, you have to pay the back-dated ground rent.
3) Whether you need Consent To Let from the freeholder depends what is written in your lease. Get it out and read it!

If you do not have a copy of the lease, you need to get one. Try
1) your solicitor (if you used one) when you bought the property
2) your mortgage lender, who may have kept a copy
3) The Land Registry here
4) the Freeholder

told me my tenancy agreement wasn't real because I didn't have a BTL mortgage,

this is of course rubbish.
a) if the mortgage lender has granted you Consent To Let that is all the permission you need - you do not need a BTL mortgage
b) your mortgage arrangements are none of the freeholder's business!
c) even if you did NOT have BTL or CTL, your tenancy contract with your tenant would still be legally binding between you and the tenant!

More general info and sources on letting here.

Lexxi

I think I have the proper demand on the back of the letter they have sent me but it just asks for one years rent. The letter states that there is another 3 years outstanding and an admin charge.
From what we can remember the solicitor wasn't sure who the ground rent was payable to, an estate agent used to send an invoice and the previous owner would pay, then someone else bought the land, the solicitor even asked the previos owners who they paid the ground rent to!
I'm going to have a look through my paperwork tomorrow as it is in my parents loft, I have the search pictures so there should be a lease if they found one.
It sounds bad but I was young when I bought the property and when it all went through I just filed all paperwork, I didn't really look at it, or get it out again. I thought that if someone wanted money they would write.

Thank you for the links they are really helpful, I'll see how I get on

G_M

Lexxi wrote: »

I think I have the proper demand on the back of the letter they have sent me but it just asks for one years rent. then this is what you have to payThe letter states that there is another 3 years outstanding and an admin charge. are you sure you've never received a proper invoice? If you did, and this is a reminder, you need to pay.
From what we can remember the solicitor wasn't sure who the ground rent was payable to, all that is needed is to download the Freehold Title from the Land Registry (see above) and see who is the owner! an estate agent used to send an invoice and the previous owner would pay, then someone else bought the land, the solicitor even asked the previos owners who they paid the ground rent to!
I'm going to have a look through my paperwork tomorrow as it is in my parents loft, I have the search pictures so there should be a lease if they found one.
It sounds bad but I was young when I bought the property and when it all went through I just filed all paperwork, I didn't really look at it, or get it out again. I thought that if someone wanted money they would write.

Thank you for the links they are really helpful, I'll see how I get on

How much is the ground rent? If a nominal amount it's easier to pay it and avoid the agro, but ONLY if you can establish who is the correct person to pay.

Lexxi

Thank you for your reply.

I haven't lived at the property for a number of years, this last letter was sent recorded delivery addressed to me at the house. My tenants chose to pass this one on to me. The invoice I have that matches the link you gave me only asks for 1 years rent, the other outstanding charges (admin fee, previous years) are listed on the actual letter addressed to me.

I have attached with the demands/invoice 'Official copy of register of title' which names a company and a person as parties under the particulars of the lease, these two names are completely different from the person who has sent the letter and who I have been asked to address the cheque to.

Lexxi

Ok, I have dug all my paperwork out. I think the solicitor was unsure where the ground rent was payable as the letter tells me to ask the sellor. I do have a copy of the lease, it is the same person on the lease as is on the recent land registry search that has arrived with my demand but it is a different company asking for the money with the cheque to be addressed to a different person.

As far as I can tell there is nothing stating that I need the freeholders permission to let the property, the lease even refers to tenants, rents and respective tenants in various parts - the property was built as a house for the mill workers so I assume for many years, or from it being built, it was rented out. It was written in 1897 so is a little difficult to understand!

Do I ask the company to prove that they own the land now? As I was told they bought it in 2009, I have the copy of land registry from around completion of the sale and it had already been updated with my name on.
Could it be that the person named on the land registry has now died and the ownership has been passed to a beneficiary or would this still need to be updated with the land registry?