Ground Rent Issue

AndyPiper

Hi

Just looking for some advice on a situation I have.

I purchased my flat back in 2008 which was a repossed place, and my solicitor contacted the owner of the lease to find out about outstanding money owed on the ground rent. After several letters and calls they received no reply, as the was no owner (other than the bank) we proceeded with the sale. I have put the ground rent away each year as I figured at some point someone would ask for the rent.

The lease has now been sold and the new owner is trying to claim from 2007 to end of 2012. So basically one year that I did not own the flat. I called them and have written to them explaining that we had no way of finding out what was owed as no one replied to any letters calls or emails. They have basically said I have to pay the one year I was not here.

As I feel this is not my fault everything was done by myself and solicitor to find out the info, I feel the old owner is at fault and should be contacted for the outstanding balance. I asked the new owner for their bank details which they sent through. I wired what I feel I owe and wrote them a letter explaining why I had done that.

I received an email today, two weeks after the wire transfer had gone off, from the new owner who said had they have known the amount I was sending they would not have given me the bank details. I have written back and said it is two weeks later and I did tell them as soon as the wire was done. They are now asking for my bank details to return the money and if I do not send them they will send me a cheque.

Couple of questions:

1) am I being unreasonable in my stance?
2) if they return my cheque and I do not cash it then they still have the payment, so the debt is paid (in part I realise)
3) legally where do I stand?

Thanks in advance

Andy

G_M

I'm really unclear if you own the lease or the freehold? I'm assuming as you "bought the flat" you own the lease.

If "the lease has now been sold..." then it is nolonger your problem.

Emmzi

how much are we talking about?

AndyPiper

Sorry I own the flat...... It is ground rent lease that has been sold. It was owned by the original builder (Charles church) and barnado's as it is their land the block is built on.

Those two have sold the ground rent part to a new company.

Hope that makes it clearer

Andy

AndyPiper

Emmzi wrote: »

how much are we talking about?

£125.00 not a huge amount is more principal than anything else

vectistim

Your solicitor should have verified the payment of ground rents on purchase, if these was not forthcoming then usually, either some sum of money would be put aside, or an indemnity policy would have been taken out to cover it.

(Mind you, this is rather more common with the 999 yr leases from the nineteenth century where the ground rent will be something like 50 shillings a year)

G_M

AndyPiper wrote: »

Sorry I own the flat...... It is ground rent lease that has been sold.
Andy

Not a lease then.

The freehold is what you are talking about and has been sold.

propertyman

Sorry fellow members but the above comments are incorrect but well intentioned I know .

Andypiper owns the lease to his flat.

There appears to be a head lease, of the development, under which his lease and others have been granted, and which require them to pay ground rent to the HL.

Now as to the arrears, as long as the demands are compliant* he can claim up to 6 years, or only from the date you purchased the flat if the lease of your flat was granted after 1-1-96.

If it is the full 6 years then you are still liable as the charge ruins with the lease and it is up to you to take it on clear of liability.

Ideally your solicitor should have got a reduction or indemnity, but given the date of purchase, you would have been advised to buy on risk it in a rising market.

* Demands must contain the prescribed information under section 47 and 48 of the Landlord and Tenant Act 1987 and be sent with a notice under S166 of CLRA 2002 or they are not due.