Ground rent arrears

tedwin

I have received a demand for 1 year's ground rent plus 12 years arrears. The amount is small but can anyone advise me whether the rentcharge owners are entitled to claim so many years' arrears. I have lived in the property for 27 years and cannot remember having received any demands in the past.

G_M

Provided
a) it is being demanded by the genuine current freeholder/managemen company and
b) is undeed in arrears and
c) is demanded in the correct format (see lease advice)

then yes.

DVardysShadow

The statutory limitations apply.Debt may be upheld for up to 6 years for ordinary contracts and up to 12 years for debt arising under deed.

National_Rentcharges_Unit

I thought you may be interested to know that you can redeem the groundrent via the Rentowner or by applying to ourselves under the Rentcharges Act 1977. The National Rentcharges Unit is part of the Department for Communities and Local Government. Altho redeeming the groundrent wont resolve the issue of arrears, it would mean that you wouldn't have to pay it once the redemption certificate had been issued. Our email address is [EMAIL="rentcharges@communities.gsi.gov.uk"]rentcharges@communities.gsi.gov.uk[/EMAIL]

propertyman

National_Rentcharges_Unit wrote: »

I thought you may be interested to know that you can redeem the groundrent via the Rentowner or by applying to ourselves under the Rentcharges Act 1977. The National Rentcharges Unit is part of the Department for Communities and Local Government. Altho redeeming the groundrent wont resolve the issue of arrears, it would mean that you wouldn't have to pay it once the redemption certificate had been issued. Our email address is [EMAIL="rentcharges@communities.gsi.gov.uk"]rentcharges@communities.gsi.gov.uk[/EMAIL]

But only if it s a rent charge.

if it is a ground rent then the above quote does not apply.

propertyman

tedwin wrote: »

I have received a demand for 1 year's ground rent plus 12 years arrears. The amount is small but can anyone advise me whether the rentcharge owners are entitled to claim so many years' arrears. I have lived in the property for 27 years and cannot remember having received any demands in the past.

Sadly the advice above is misapplied.

Ground rent arrears are recoverable for 6 years*however since 2005, ground rents are only due ( irrespective of the wording of the lease usually "whether formally demanded or not") if the demands contain the notice under section 166 of the common hold and Leasehold Reform Act 2002*.

They must therefore invoice each "arrears " year ( with the possible exception of the oldest one 6 odd years ago, given timings of when the above came into force and when the rent was due).

If the current invoice includes the section 166 notice ( and the name and address of the landlord, prefaced by Notice under section 47 of the Landlord and Tenant Act 1987) then you can pay it and decide how argumentative you want to be about the last six years.

You can certainly say

1: I will pay the current but not any other amount until the above is provided
2: I will pay the above and not withstanding the above will pay 6 years
3: Not a penny until the above info is provided
* Section 19 of the limitation Act 1980
*http://www.lease-advice.org/documents/Form_of_Rent_Demand_Notice.pdf

I might go with 2.

csnann

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