Maintenance Charges

maximus0983

Hi

We have a flat that is out on rent.

This month the landlords solicitor has written to tell us that we have been paying incorrect charges for ground rent. We have been paying 4.6% on the 2-bedroom rate and they are now claiming we have 3-bedrooms so should be paying 5.3%.

The property was advertised as a 2 bedroom with a possibility of a 3rd room being converted. There is nothing in lease to say how many rooms it is.

Questions are:

Can they do this?

Can they backdate ground rent?

Where do we go to dispute this?

G_M

Can you clarify please?

We have a flat that is out on rent.

You own the flat, as in own the lease? Or you are a tenant, renting the flat?

the landlords solicitor has written to tell us

This is the solicitor for the freeholder? Or your landlord if you are a tenant?

If you are a tenant, you should not be paying ground rent at all.
If you are the leaseholder, the ground rent should be specified in your lease - so get it out and read it!

maximus0983

We are the owners of the leasehold and the flat is being rented to a third party.

The solicitor is for the freeholder.

Only the breakdown of the ground rent is specified in the lease not the actual breakdown of the rent we have to pay.

G_M

maximus0983 wrote: »

We are the owners of the leasehold and the flat is being rented to a third party.

The solicitor is for the freeholder.

Only the breakdown of the ground rent is specified in the lease not the actual breakdown of the rent we have to pay.

You have to pay what is specified in the lease. Nothing else.
What is the 'breakdown' you refer to?

Give us the wording, together with other relevant info eg flat Plan/number of rooms etc, and perhaps we can respond intelligently.

Keep us in the dark and all we can do is guess!

As for a dispute - your best port of call is leaseadvice (or the solicitor who did your conveyancing, assuming you used one).

maximus0983

I'm reading through the lease now. Standby