Removal of access to the drive & garage of my house

Hundall

maybe, it just seems very informal.  I was thinking the request would be made from their solicitor and the the payment would be made via the solicitor.  I don't know know that they are the flat owner...maybe I'm just being paranoid.

user1977

Hundall said:

I don't know know that they are the flat owner.

Then ask them for evidence that they are.

Would be a rather convoluted fraud if they're not though.

penners324

I'd be requesting copies of the buildings insurance covering the garages....

But you do owe this amount.

markin

If you lost it you cant use the drive because you would be illegally blocking the access, Unless they would be unable to prove they had a right of way if not on the deeds?

newsgroupmonkey_

penners324 said:

I'd be requesting copies of the buildings insurance covering the garages....

But you do owe this amount.

Well, not really. Morally? perhaps. Legally? unlikely.

As no invoice was ever sent and no recognition of the debt was made before today, the 6 year statute of limitations applies.

Hundall

thanks people.  setting aside the moral argument, i think that the statute of limitation in my case might be 12 years rather than 6 years (www.lexisnexis.co.uk/legal/guidance/common-time-limits-for-property-disputes-lawyers), as i think it falls into the 2nd case below.  Though i have no experience/knowledge in this area, just based on a quick internet search....

Step required	Time limit	Reference	Further information
Limitation periods for common court proceedings
Court proceedings for recovery of rent (including sums reserved as rent)	Six years from date on which arrears became due	section 19 of the Limitation Act 1980 (LA 1980)	See Practice Note: Recovering rent arrears.
Court proceedings for breach of lease other than non-payment of rent	12 years if lease made by deed; otherwise six years	LA 1980, ss 5 and 8	See Practice Note: Quick guide to landlord’s remedies for breach of lease.

pinkshoes

Hundall said:

Hi,

Thank you all for your earlier replies, much appreciated.  Here's a quick update on where this is....

So the owner of the flat has asked for £456, which is a 13.3% share of the total cost (£3428) of insurance since 2004.  The 13.3% share is specified in the leasehold agreement.  I've asked for proof of buildings insurance and been sent a spreadsheet with a number against each year going back to 2014 (I'm being asked for a contribution going back to 2004).  I've been sent bank account details to transfer the money to the flat owner.

From what has been posted, I think there's a limitation period meaning this back payment can only go so many years - though i think this is 12 years rather than 6 years (as posted above)?

I'd like to see something more concrete to prove that the insurance has been taken out and the cost of this - is this reasonable?  And what if they say they haven't kept this documentation?

Transferring the money directly to the flat owner seems very very dodgy.  I don't even know for sure that they are who they say they are.  If i do make a payment, how should this be done?  And what should i ask for in return as proof of payment?

Thanks again for your advice.

Clearly the solicitor of the buyer has flagged this up and the buyer has asked that they want evidence that the other two properties have paid their fair share.

A spreadsheet is nice, but I would write again:

Dear Mr Freeholder,

Many thanks for the spreadsheet detailing the costs of the building insurance over the past 18 years. I am more than happy to pay my share of the insurance as detailed in the lease, but as this is the only time in 18 years that I have been billed for the insurance, then please provide me with a copy of the buildings insurance for each year that I am expected to pay for.  

Also, as this debt has a time limitation* of 12 years, then I can only be made to pay for the past 12 years once evidence of the insurance has been provided. As a gesture of good will, I am happy to pay for the full 18 years.

Yours Sincerely,

You

* - you'll need to check this detail!!

TripleH

I would ask for evidence of both the payment being made for insurance (bank or credit card statement) and evidence the garage was actually covered by the policy.

I make up spreadsheets all the time. Sometimes they are a work of fiction, sometimes not, sometimes I don't know.

I agree with pinkshoes as you said it was in your lease so you could have chased up, BUT also how do you know the garages were actually insured for that period of time?

canaldumidi

Not unusual fr a freeholder to request /demand the payment due. No reason it has to come via a solictor. Arguably where a debt is chased by a solicitor, the solicitor's fee can be added to it - though in this case it's a 1st demand for payment.

As for your concern about paying the flat owner (or someone purporting to be the flat owner), either this person is or isnot the freeholder.

£3 to the Land Registry wll give you the freeholder's name.

jonnydeppiwish!

From a naïve point of view, surely there has to be a debt for this time period to stand? Given no request for payment has been made, until this point, then there was no debt.

Also, without proof that insurance has been paid for that covers the garage, how can a request be made to pay the previous years?

Therefore they can only ask for the current year’s payment?