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  • FIRST POST
    • Joanne2121
    • By Joanne2121 10th Jul 18, 8:45 AM
    • 3Posts
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    Joanne2121
    Ground Rent
    • #1
    • 10th Jul 18, 8:45 AM
    Ground Rent 10th Jul 18 at 8:45 AM
    Morning,

    Purchased a leasehold house on 01/05/2014 - never heard anything from the leaseholder and tried tracing them. Today I got a letter through my door that had been opened so presumed it was hand delivered from previous owner. It was from a solicitor claiming back ground rent 2014 2015 2016 2017 2018, addressed to previous owner. I did ask my solicitor at time of purchase about it - response was don't worry about it.
    1. Do I pay the back charges.
    2.The company the solicitor is claiming on behalf of is not what is on my deeds?
    3. Am I best trying to purchase the leasehold?

    Any advice appreciated.

    Thanks

    Joanne
Page 1
    • Rambosmum
    • By Rambosmum 10th Jul 18, 10:22 AM
    • 1,761 Posts
    • 2,275 Thanks
    Rambosmum
    • #2
    • 10th Jul 18, 10:22 AM
    • #2
    • 10th Jul 18, 10:22 AM
    Why wouldn't you have to pay it? I presume you have been saving it, for when they do claim it?


    The usual is 6 years for collecting back pay/ back rent/ uncollected bills.
    • anselld
    • By anselld 10th Jul 18, 4:34 PM
    • 5,814 Posts
    • 5,528 Thanks
    anselld
    • #3
    • 10th Jul 18, 4:34 PM
    • #3
    • 10th Jul 18, 4:34 PM
    For the avoidance of confusion, you mean Freholder / Freehold not Leaseholder / Leasehold.

    Yes, pay the back rent assuming you can confirm that the demand is from the legitimate Freeholder. That can be checked by downloading the freehold title from Land Registry for 3.

    You may or may not be entitled to purchase the freehold and that may or may not be a good idea depending on the price. Either way it will make no difference to the requirement to pay the back charges.
    • Joanne2121
    • By Joanne2121 10th Jul 18, 4:41 PM
    • 3 Posts
    • 0 Thanks
    Joanne2121
    • #4
    • 10th Jul 18, 4:41 PM
    • #4
    • 10th Jul 18, 4:41 PM
    Thanks for the advice.. Yes I have saved the ground rent money and have every intention of paying! The name on the freehold title does not match the name on the letter I have received.
    • anselld
    • By anselld 10th Jul 18, 4:48 PM
    • 5,814 Posts
    • 5,528 Thanks
    anselld
    • #5
    • 10th Jul 18, 4:48 PM
    • #5
    • 10th Jul 18, 4:48 PM
    Thanks for the advice.. Yes I have saved the ground rent money and have every intention of paying! The name on the freehold title does not match the name on the letter I have received.
    Originally posted by Joanne2121
    Have you downloaded the up-to-date title though, not the one you got with your deeds in 2014?

    Write to the person making the demand, tell them you are now the Leaseholder and ask for proof that they represent the registered Freeholder.
    • eddddy
    • By eddddy 10th Jul 18, 4:52 PM
    • 6,608 Posts
    • 6,477 Thanks
    eddddy
    • #6
    • 10th Jul 18, 4:52 PM
    • #6
    • 10th Jul 18, 4:52 PM
    1. Do I pay the back charges.
    Originally posted by Joanne2121
    As long as you're satisfied that the person demanding payment is the freeholder, you should pay.

    If you don't, the freeholder may be able to add late fees, solicitor's fees etc to the bill (depending on what your lease says).

    If you want to be pedantic, you can check....

    Since the 28th February 2005 any demand for ground rent by a freeholder, or their managing agents, must be made in a !!!8220;prescribed form!!!8221; as set out in Section 166 of the Commonhold & Leasehold Reform Act 2002.

    If the ground rent is not demanded in this prescribed form, and completed in accordance with section 166, the tenant (leaseholder) is not liable to make payment unless, and until, it is properly demanded.

    Link: https://www.lease-advice.org/article/ground-rent-a-demanding-notice/
    But if it's not in the prescribed format, they will probably just correct it and send it again.


    2.The company the solicitor is claiming on behalf of is not what is on my deeds?
    Originally posted by Joanne2121
    Do you mean the name of the lessor/freeholder on your lease?

    That probably just means that the original lessor/freeholder has sold the freehold to somebody else.

    3. Am I best trying to purchase the leasehold freehold?
    Originally posted by Joanne2121
    You can discus buying the freehold if you want.

    If you plan to make alterations, build an extension etc at some point - it may make things easier.
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