Freeholder claiming arrearsMake Text Bigger
We bought a flat (to let out) in 2012 and for 6 months our solicitors could not get hold of the freeholder, so finally gave up and declared them “uncontactable”.
Early in 2013 the freeholder resurfaced claiming ground rent, building insurance and money for emergency works 6 back to 2007, just by sending a letter giving a summary of all alleged costs, no proper demand. We requested to see invoices, proof that relevant notices have been sent to the previous leaseholder, the freeholder’s company accounts for the relevant periods, etc., but not any of those have been provided.
Then early this year they have taken us to small court, but have provided the court with the property address, and not our actual address where we reside. Following the delay in communication a CCJ was issued against us. Following that we have had a hearing and the judgement has been set aside.
We are facing a hearing to determine whether the claimed amounts are payable and we are unsure of how we should proceed.
In the meanwhile, just very recently, the freeholder sold the freehold at auction, and there were special clauses in the auction stating that whoever buys the freehold must cover for the claimed arrears as well.
The case with the old freehold is still on, but we are wondering, would the new freeholder have any rights as to claim from us again?
We have seen no documental proof of expenses made, the previous leaseholder claims nothing was owed at the time of sale.
The freeholder has used a managing agent for a period of time, so we have approached the company and requested the history of the property, but they refused to release any information. Do we have the right to see that as current owners?
Too many questions I’m afraid.
Would appreciate any advice.
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