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uncooperative freeholder

2»

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  • eddddy
    eddddy Posts: 18,207 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dgaidge wrote: »
    Where can I see in some official legislation that he can ask up to 6 years of ground rent? Do you have any link?
    Thanks!

    It's the Limitation Act 1980. It's not anything special about Ground Rent - No debt is enforceable in England and Wales after 6 years.

    LEASE comment on it here:
    Under the Limitation Act 1980 the limitation period for recovery of ground rent is 6 years. This means that your landlord can only seek to recover ground rent going back 6 years.

    Link: https://www.lease-advice.org/case-study/ground-rent-limitation-period-on-old-ground-rent/
    dgaidge wrote: »
    Do you know how many years of building insurance he can claim back?

    The key date is when the freeholder paid the insurance premium bill(s).

    Building insurance would be treated like a service charge, so the freeholder can only claim for payments made within last 18 months - Landlord and Tenant Act 1985 section 20B.

    Again, a quote from LEASE:
    A LEASE adviser emailed back to explain the 18 month rule .Under Section 20B of the Landlord and Tenant Act 1985, a landlord has 18 months within which to notify you of service charge costs being incurred or demand payment from you. If they fail to either notify you or demand payment within 18 months they will not be able to recover the charges from you.

    Link: https://www.lease-advice.org/case-study/service-charges-18-month-rule/
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