Ground rent - no contact from freeholder

IM

We have been in our house for 10 years, but have not had any request for ground rent since 2010.

That last invoice included notification that the freeholder had changed following an inheritance.

I emailed the freeholder in 2014 pointing out that we’d not been asked for any money for a few years, and to advise his of some building work we were having done (just as a precaution in case of any issues arising in the future).

It’s only occurred to me today, that I never had any reply to that email, nor have we had any subsequent requests to pay ground rent.

From memory, we’re only talking about c£5 per year, so although I’m not exactly on the look-out for more outgoings, the cost factor isn’t something I’m particularly bothered about. However, should I be concerned that I am in 9 years’ arrears, and/or the lack of contact from the freeholder?

cattie

It could be that the original freeholder became elderly & forgot about billing for ground rent. Then perhaps the person who inherited doesn't realise that there is a small income due from the ground rent.

Do you pay service charges & if so who to?
Is it a flat or house? Who takes out the buildings insurance on the property?

It is possible that you could at some point be asked to pay all outstanding ground rent charges, but being such a small amount it shouldn't cause you hardship as you admit. Freeholders have popped up after many years of silence in some cases. The one problem you could have is if you come to sell & your freeholder could be considered an absentee landlord due to lack of contact.

You could always contact these people for advice, it's a goverment funded agency offering help & advice on many aspects of residential leaseholds. https://www.lease-advice.org/

Tom99

Ground rent does nor become payable until a demand is sent, so you are not in arrears.
A maximum of 6yrs back rent can be demanded.
Obviously the freehold could send you a demand for say 10yrs back rent but if you fail to pay it's only 6yrs they could take action about.
Download an up to date copy of the freehold title to see if any change in ownership has been registered.

troffasky

I would let sleeping dogs lie if I were you. I can't see any upside to engaging with the freeholder.

chrisw

I have a similar situation where we had a letter from the freeholder saying it was no longer them but gave no new details so we've not paid for nearly 10 years. Ours was £8 per year.

People who've bought nearby houses since then have taken out an insurance policy at the time of purchase in case there is any future comeback.

always_sunny

IM wrote: »

However, should I be concerned that I am in 9 years’ arrears, and/or the lack of contact from the freeholder?

No, as it is the FH responsibility to demand payment and:

Your landlord can recover unpaid ground rent going back 6 years - they can ask you for the full amount in one go.

They may request it if you sell and ask for the lease pack... but if it's £5/years then at most is £30, so you should only be concerned if you can't afford that amount.