Doubling ground rent get-out clauses?
3 years ago
Freeholder demands ground rent on flat I sold four months ago?
12:01 AM, 30th January 2023, 3 years ago
15
Hello, I sold a leasehold flat on last September. The freeholder is now sending demands (forwarded to me) for ground rent to March 2023.
I would normally assume a computer error, but having had dealings with this company for over ten years (they are one reason I moved) nothing would surprise me.
Surely I cannot be liable for ground rent for a property which I no longer own?
Thank you,
Mark
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Member Since May 2022 - Comments: 108
10:50 AM, 30th January 2023, About 3 years ago
Tell them to sling their hook. Assuming they have ben notified?
Member Since October 2013 - Comments: 1642 - Articles: 3
10:52 AM, 30th January 2023, About 3 years ago
I have the same issue. I sold last July, and I know the freeholder was aware because they provided the required information to my solicitor.
I have confirmed the name of the new leaseholder, and haven’t heard anything since.
Member Since June 2020 - Comments: 4
11:07 AM, 30th January 2023, About 3 years ago
Just ignore them and let them keep chasing you for it. Let them waste their own time. If they are that incompetent in updating their records then it’s their own lookout. Your buyers solicitor would of made sure there was no outstanding balances on your account before they completed on the sale.
Member Since January 2015 - Comments: 1450 - Articles: 1
11:12 AM, 30th January 2023, About 3 years ago
A Deed of Assignment would have been required to complete the transaction.
Tell them to consult their solicitor for confirmation of assignment
Member Since March 2015 - Comments: 1969 - Articles: 1
11:30 AM, 30th January 2023, About 3 years ago
You could also sue them for data protection (and not maintaining an up-to-date record).
Member Since January 2023 - Comments: 1
11:58 AM, 30th January 2023, About 3 years ago
This should have been included in the completion statement. That was not done because either the landlord (or their management company) did not provide details or your solicitor forgot to include it. Either way, you are not responsible. The completion statement draws a legal line under everything. I would pass this into your solicitor, they should deal with it as a residual part of the conveyancing.
Member Since July 2022 - Comments: 3
12:23 PM, 30th January 2023, About 3 years ago
I would not be surprised if the freeholder was not Assethold.
We had the usual totally extortionate and unwarranted service charge demands so we got the right To Manage. as from Dec. 15th 2022. We then got an estimated demand for £4K plus for 2023.
They are either incompetent or bank on elderly or vulnerable leaseholders just to pay up.
If you sold the solicitors should have proratad thr service charge as part of the settlement
Ian Dixont
Member Since November 2021 - Comments: 11
3:45 PM, 30th January 2023, About 3 years ago
Former tenants can be liable for payments under the lease in certain situations. Was the lease created before 1Jan 1996? Are you the original tenant or did you take an assignment? Ask the freeholder on what basis they are making you liable.
Member Since January 2023 - Comments: 145
5:37 PM, 30th January 2023, About 3 years ago
I dont agree with what a lot of the other commentators above have said. Very often there is no deed of assignment but the ground landlord is supposedly notified of a dealing in the lease by the purchasers solicitor serving a notice of assignment (and typically paying a nominal registration fee) on the ground landlord. It is not so unusual for buyers solicitors to overlook this step which is why you would have received a request for payment
Member Since September 2021 - Comments: 213
5:30 PM, 2nd February 2023, About 3 years ago
Reply to the comment left by Trevor Leigh at 30/01/2023 – 17:37
In general, I agree with you.
There is confusion over Assignment.
When Seller sells a Lease to a Buyer, it is an assignment.
If the Lease has a Management Company, it may provide that the Assignee of the Lease shall enter into a Deed of Covenant with the Management Company “to observe and abide by the Lessee’s Covenants contained therein.”
May not apply to every Lease, and the wording may be different.