apportionment of Ground Rent?

Tom99

rcast1989 wrote: »

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

If the Date of Lease is 29th March 2019 then the 1st £200 was due on that date which you have already paid. The next payment of £200 will be on 29th March 2000.
It may suit the Council to send everyone a rent demand from 1st April but that is not what the lease says.
Once you have a copy of the dated lease I would write to the Council with a copy of the 1st page and the page 7 you posted earlier pointing out your 1st payment due on 29th March has already been paid.

rcast1989

Thanks Tom

The issues is that the council are arguing that because march 29th 2019 is still in the 2018/2109 financial year that the £200 we paid was to pay for 18/19 and not an advance payment that would have been due 3 days later

Essentially they are saying we owe ground rent for two full years due to moving in 3 days early:mad:

Tom99

rcast1989 wrote: »

Thanks Tom

The issues is that the council are arguing that because march 29th 2019 is still in the 2018/2109 financial year that the £200 we paid was to pay for 18/19 and not an advance payment that would have been due 3 days later

Essentially they are saying we owe ground rent for two full years due to moving in 3 days early:mad:

From the part of the lease you have posted the lease does not have a 'financial year' starting 1st April.
Why do you think a payment was due on 1st April? Nothing you have said about the lease suggests that date is a rent due date.
You did not move in 3 days early you moved in on the day the lease started and the day the lease is dated (subject to the dated copy you have requested)
The Council accounts dept can say what they like but they can only demand and collect rent as set out in the lease not on some other dates or amounts they care to make up.

rcast1989

https://drive.google.com/file/d/1Y47lBCBDZM0SncbBP61y1TMGIPRG235q/view?usp=sharing


See attached the full lease with personal info removed Which is signed and dated.
So the lease would supersede any schedule the council chooses to take. They do say that the service charge/ground rent are due in by April 1st in other parts of the lease and service charge is paid in installments.

No where does it mention about having to pay any ground rent for 18/19 or say anything to suggest we should be liable to pay anything prior to March 29th?

Tom99

rcast1989 wrote: »

https://drive.google.com/file/d/1Y47lBCBDZM0SncbBP61y1TMGIPRG235q/view?usp=sharing

See attached the full lease with personal info removed Which is signed and dated.
So the lease would supersede any schedule the council chooses to take. They do say that the service charge/[STRIKE]ground rent[/STRIKE] are due in by April 1st in other parts of the lease and service charge is paid in installments.
No where does it mention about having to pay any ground rent for 18/19 or say anything to suggest we should be liable to pay anything prior to March 29th?

The lease is pretty clear. Ground rent £200 due on 29th March 2019 and annually thereafter also on 29th March.
It's the service charge which has an accounting year of 1st April to 31st March not the ground rent.
I would suggest, if you can, you take your copy of the dated lease and your completion statement showing you have already paid the 1st years ground rent into the Council's accounts department and explain to them you do not owe them any more ground rent, not 3 days worth and certainly not another £200.
If they still will not listen leave them with a copy of the front dated page and page 7 with the following words highlighted and ask them to refer the matter to their legal services dept:

'paying therefor during the Term FIRST the yearly Ground Rent by annual payments in advance on the anniversary of the date hereof in each year the first of such payments to be made on the date hereof'

rcast1989

Thank you so much Tom, exactly what needed to hear. I was definitely thinking as the ground rent / service charge as one entity so separating them out with their own individual dates for recurrence is a very winnable argument for non payment.

I will look into doing as you suggested and report back any updates, thank you very much for all your help.

rcast1989

Tom99 wrote: »

The lease is pretty clear. Ground rent £200 due on 29th March 2019 and annually thereafter also on 29th March.
It's the service charge which has an accounting year of 1st April to 31st March not the ground rent.
I would suggest, if you can, you take your copy of the dated lease and your completion statement showing you have already paid the 1st years ground rent into the Council's accounts department and explain to them you do not owe them any more ground rent, not 3 days worth and certainly not another £200.
If they still will not listen leave them with a copy of the front dated page and page 7 with the following words highlighted and ask them to refer the matter to their legal services dept:

'paying therefor during the Term FIRST the yearly Ground Rent by annual payments in advance on the anniversary of the date hereof in each year the first of such payments to be made on the date hereof'

Just as a final update I would like to thank all the members and especially Tom for all their help, with the evidence sent they have now sent us the "revised" service charge which apportionedhttps://imgshare.io/image/sMZR8

You guys are all amazing!!!!:beer::beer: