apportionment of Ground Rent?

rcast1989

Thank you for the reply

No where in the lease does it mention paying of the 18/19 ground rent and obly the ground should be paid in advance of the April 1st date.

The council are saying that ground rent is never apportioned hence why our completon statement says £200 even though they are only seeking for the 29th March - 1st April, the date which we took ownership and the lease commenced.

As another member mentioned if the lease commences on 29th March and has nothing at all to mention anything about repaying ground rent in full or for the three days of 2018/2019 then the £200 we did pay must by the wording of the lease be the advance payment of the 2019/2020 ground rent

Fire_Fox

rcast1989 wrote: »

I still not see then producing any evidence to say that I owe for 18/19 ground rent and it's pretty obvious that apportioning ground rent is a normal occurrence.

The evidence should already be with your conveyancer.

rcast1989

Hi FireFox

Yes I have requested this from both parties.
If there is no evidence then it is their word against mine and should be reascended.

I have still had nothing bar a headed letter from my solicitors saying that they share my understanding of the completion statement that the paid ground rent was for 2019/2020 and they would not have agreed to their client paying 18/19 ground unless it was apportioned

Tom99

rcast1989 wrote: »

Your lease commenced on 29th March 2019 and is for a term of 125 years. It expires on 28th March 2144.

As you completed the purchase of this property on 29th March 2019, you are liable for ground rent for 2018/19 as well as 2019/20.

The Completion Statement refers to the premium (£225,000.00), ground rent for 2018/19 (£200.00) and service charge apportionment for 2018/19 (£6.66).

I still not see then producing any evidence to say that I owe for 18/19 ground rent and it's pretty obvious that apportioning ground rent is a normal occurrence.

Please correct me if I am wrong but surely there is no law to say that I shouldn't just pay for the 3 days prior to 19/20 and not the other 362 days when the lease started on March 29th

So the Term commenced on 29th March but what is the date of the lease? It will be dated and that is the date that the ground rent commences and the 1st £200 is payable, not 18/19 not 19/20 but the date of the lease. Where is the 1st April date from, is it in the lease?
Since its a new lease it is possible the copy you have does not have the date filled in but it will have been dated maybe on completion day.
Its likely your purchase has been registered by now so if you can't find the lease date download the title for £3 and you should find in there.

rcast1989

Hi Tom

They are one in the same . The sate on the lease is 29th march 2019 for 125 years

Not sure the difference between lease commencement and term commencement?

Tom99

rcast1989 wrote: »

Hi Tom

They are one in the same . The sate on the lease is 29th march 2019 for 125 years

Not sure the difference between lease commencement and term commencement?

The lease will say it is for a term of 125yrs from 29th March 2019 but there will also be a separate date the lease contract came into effect, that may also be 29th March 2019.
Can you post the 1st page of the lease, it's there you usually find the date.

rcast1989

Exactly my issue, the lease we were given does not have the dates filled in. Council want £75 TO provide a copy and have emailed solicitors for the copy with dates.

When I asked the council for the dates missing the answer above was provided

asm89

Maybe delete previous images and black out you and your partners personal information?

Tom99

rcast1989 wrote: »

Exactly my issue, the lease we were given does not have the dates filled in. Council want £75 TO provide a copy and have emailed solicitors for the copy with dates.

When I asked the council for the dates missing the answer above was provided

Your solicitor should be able to provide you will a copy with the dates filled in.
Your lease say the 1st £200 is due on whatever date was filled in as 'Date of Lease:' and 'THIS LEASE is dated'

rcast1989

Tom99 wrote: »

Your solicitor should be able to provide you will a copy with the dates filled in.
Your lease say the 1st £200 is due on whatever date was filled in as 'Date of Lease:' and 'THIS LEASE is dated'

SO if this date in March 29th is there any law to say they can/cannot charge me for any day prior to this i.e for the 365 days of 2018/2019 as they are trying or if this the date the ground rent should be apportioned to 3 days as the service charge was