Ground rent

tschic

My dad owns the ground rent on the neighbouring property. New owner has owned the house for just 2 years, and is a nightmare. He has been damaging the road and trying to make the road wider. Hes parking and repairing old cars on the road - this is a privately owned road that we own that permits him access.


How can we enforce the ground rent issue with him?

G_M

You have not mentioned that the ground rent is overdue! Is it? If so, written demand for payment, followed by 'Letter Before Action' followed by small claims court.

However I suspect your question may be about the damage etc. rather than the rent. In that case, you need to read and understand the leases, covenants, and other legal documents involved.

What exactly (word for word!) are his access rights? What repairing obligations does he have? Or do you have? Who owns what? Where is the boundary between his property and the road?

Without full information it is impossible to advise you.

macman

If he's carrying out vehicle repairs on a residential site as a commercial business then this is a matter for the local authority. Apart from anything else, he would be liable to pay business rates.

G_M

Though of course the car repairs may not be a business.

My ex keeps and renovates old cars as a hobby. She currently owns 7.....

tschic

Thank you all for your comments - I really appreciate you taking the time to reply.


The car repairs is a non declared business as he also has a trade insurance policy. The concern is about the state of the place and his attitude towards it. Hes moved in and just wants to do as he likes - his place is a right state. We actually own all around him, and the whole place is a mess. The cars are not all taxed, but as its a private road, I think its only an issue for us landowners.


It is overdue and he has been told verbally but hes saying that its not his problem and nothing to do with him.


It is about the mess primarily, but also to draw a line in the sand with him really so we all know where we stand. This guy doesn't work, and claims for everything possible. He was working when he bought the house but was stealing from the business. You name it, he does it - not to be trusted when we're in work all day!
Im considering putting up cctv in order to deter his dodgy dealings.


Ill have a look at the covenant, that's an excellent point.
His boundary ends at his garden fence - these cars are parked on our road. There are currently 4 vehicles - 2 that him and his partner use and 2 that hes 'fixing up'.

G_M

well there are various books you could consider throwing at him if you wished:

* http://www.actionfraud.police.uk/fraud-az-council-tax-fraud

* https://www.gov.uk/report-benefit-fraud

* https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

* ground rent: https://www.moneyclaim.gov.uk/web/mcol/welcome

* injunction (take legal advice)

* off-road vehicles must be either taxed or SORNed - check: https://www.gov.uk/report-untaxed-vehicle

Parking on the road may well be permitted by his ROW, and is unlikely to (but may) limit the number of vehicles. Or he may only have a right to use the road for access (ie not for parking). Read the documents.