Land Management Co. backdating charges from when we were not occupiers

NameUnavailable

If it's any consolation one of my most memorable Xmas's was a year that my parents were struggling financially (I didn't know, I was about 8) and I didn't get what I'd asked Santa for but I had a sock full of treats (never hung socks up before then) and a lot of small presents, I can't remember what now, but that year sticks in my mind - Dad came home from work on Xmas eve with a tree and we all put it up and decorated it - again I didn't wonder at the time why we didn't have a tree up before then and I know now they just couldn't afford one. Being Xmas eve someone gave him a tree that was otherwise going to waste.

So, basically, don't worry about the kids, just concentrate of making Xmas 'special' for them.

LadyDee

Your Solicitors should have requested proof that there were no outstanding charges, the same as they do for water/council tax etc.  leasehold-assignment-who-is-liable-for-the-service-charge-debt
It seems your best course of action is to pay now, then pursue the previous owner in the Small Claims Court.

eddddy

LadyDee said:

Your Solicitors should have requested proof that there were no outstanding charges, the same as they do for water/council tax etc.  leasehold-assignment-who-is-liable-for-the-service-charge-debt
It seems your best course of action is to pay now, then pursue the previous owner in the Small Claims Court.

The OP is a freeholder not leaseholder, so that link isn't a good one to rely on.

For example, the linked article mentions...

Buyers can be reassured that, under The Landlord and Tenant (Covenants) Act 1995, the arrears remain the liability of the previous leaseholder and do not pass on to the new owner. 

... but the OP isn't a Landlord or a Tenant, so that act doesn't apply. On a more general level, none of the legislation that protects leaseholders is relevant to freeholders.

.

nicmyles

anselld said:

nicmyles said:

Sadly, from memory of my time in a leasehold flat, I believe the debt is now yours and you have to pay it.

Actually, if it were Leasehold there would be more protection since there is an 18 month time limit to issue invoice from the date costs are incurred.  In the case of the OP it is presumably a rentcharge on their Freehold property which does not afford the same level of protection.

Apologies, I misread the OP.

wazzzo

An update for those following along. The company agreed to basically meet half-way and as a bonus so did the solicitors who felt that they had better things to do than dig through records and battle their corner.
Moral, be persistent and dig.
Thanks all for the comments.