Backdated Demand for Gr. Rent

demon_barber

I own my own flat (as a lessee). New property management co took over in, November, I think..and have kindly sent me a demand for £1K (backdated to 1 Jan 2006). I'm on incapacity benefit. What should I tell them?

martinman3

I find it hard to believe that it is just for ground rent, a typical figure for this would be £50-£100 per year, it is probably for service charges as well. There also should be a document entitled "Service Charges – Summary of tenants’ rights and obligations" and for any ground rent demanded a "NOTICE TO LONG LEASEHOLDERS OF RENT DUE" as well.

see the LEASE website http://www.lease-advice.org.uk/ under service charges.

Have you been paying the service charges form Jan 1 2006 onwards and if so do you have proof that you always paid what has been demanded ?

If you are in arrears or the previous company by mistake did not demand payment, then they can only demand payment of charges for costs incurred in the previous 18 months.

From LEASE website
<Normally the lease will provide for the service charge to be demanded in advance, but occasions will arise when the demands are issued after completion of the works or provision of the service. In these cases a statutory time limit applies: the landlord must issue the demand within 18 months of his incurring the cost. If the demand is provided later than this, the landlord cannot recover the costs at all, unless a notice is served during the 18 months stating that costs have been incurred and that the tenant will be required to contribute to them by payment of a service charge.>

Unfortunately, your personal circumstances do not change the fact that service charges must be paid if due.

demon_barber

I haven't been asked to pay any ground rent up until now. They didn't send me a document outlining any charges coming my way - and I'm I'm off to the CAB tomorrow, and am considering legal aid.
Thanks for your advice. "they're 'avin a larf" is the first thing that comes to mind....!
S.

martinman3 wrote: »

I find it hard to believe that it is just for ground rent, a typical figure for this would be £50-£100 per year, it is probably for service charges as well. There also should be a document entitled "Service Charges – Summary of tenants’ rights and obligations" and for any ground rent demanded a "NOTICE TO LONG LEASEHOLDERS OF RENT DUE" as well.

see the LEASE website http://www.lease-advice.org.uk/ under service charges.

Have you been paying the service charges form Jan 1 2006 onwards and if so do you have proof that you always paid what has been demanded ?

If you are in arrears or the previous company by mistake did not demand payment, then they can only demand payment of charges for costs incurred in the previous 18 months.

From LEASE website
<Normally the lease will provide for the service charge to be demanded in advance, but occasions will arise when the demands are issued after completion of the works or provision of the service. In these cases a statutory time limit applies: the landlord must issue the demand within 18 months of his incurring the cost. If the demand is provided later than this, the landlord cannot recover the costs at all, unless a notice is served during the 18 months stating that costs have been incurred and that the tenant will be required to contribute to them by payment of a service charge.>

Unfortunately, your personal circumstances do not change the fact that service charges must be paid if due.