Backdated Leasehold ground rent

becominganobsessivesaver

We have a leasehold house, which we purchased at the end of December 2012. The new lease managers have just done a review of ground rent, which they are entitled to do (8 years after commencement of the lease). They have sent through an invoice for the backdated increase (to Jan 2012). I assume I wouldn't be liable for this portion which relates to the period I didn't own the house (it's only £25, but still I don't think it should be my liability.) Dpes anyone have any experience of this?

cattie

You would need to read your lease to find out as often when you purchase a flat, any outstanding ground rent or service charges can be levied against the new owner.

Usually during purchase, a solicitor would check with managing agents whether there were or were likely to be any outstanding charges before exchange of contracts & if there are, then the approx cost of these charges would be retained from the vendors proceeds.

m0bov

Sol should ask for a retainer from the vendor to cover any outstanding accounts. Speak to you sol. Can't see how you are liable as you were not the lease holder. The agents should be finalizing at the end of each year.

becominganobsessivesaver

I'll speak to the management company tomorrow. It is a new company who took over on 1 dec 2012, and they must have realised that the old compancy forgot to do the rent review, so have backdated it!

ValHaller

becominganobsessivesaver wrote: »

I'll speak to the management company tomorrow. It is a new company who took over on 1 dec 2012, and they must have realised that the old compancy forgot to do the rent review, so have backdated it!

This needs a leasehold expert. My gut feeling is that there is a defined protocol for demanding ground rent and for raising it - and I suspect that a retrospective increase is outside that protocol.

ngocsura80

Hi there,

I am in the same position as the one who created this thread. I would be grateful if you could please update us with the outcome of your discussion with the management company.
Thanks,
Jenny

becominganobsessivesaver

I just spoke with the management company and they are sending me a revised statement, from the completion date. Only took a minute or so to get it sorted!

propertyman

Well no its not truly solved.

I am happy you got a deal you could live with but its not the answer to others with a similar problem.


Liability depends on whether the lease was granted pre 1996 or post 1996 , and when it comes to reviews of rent, whether time is of the essense, and when notices have to be served.

That means if the review was late then the review is only effective from when it was reviewed, not the date of the review.