Freeholder playing dirty tricks
I have a dispute around ground rent with the property management company and desperately need some advice. ![]()
I am the owner of flat and as per the lease agreement there is a £200 ground rent charge that I am liable to pay annually. As per the agreed procedure, they send me a letter demanding ground rent, after which I make the payment.
This year, the first letter I received from the management company was on the 14/02/15 which had the ground rent charge along with late payment charge of £35. I immediately called them to enquire about this late payment charge, as this was the very first letter I’d received from them. According to their agent they had sent an initial letter on the 17/11/14, which I never received. On the same call I offered to pay them the ground rent of £200 excluding the late payment charge. They declined to accept the payment on the grounds that I have to pay the entire amount including the late payment charge as well. When i challenged the late payment charge, I was asked to write an email explaining the situation. I did exactly that, but never had a response back from them. I have emails with date and time stamp to show that the email were send to the management company as requested.
The next I heard in this matter was another letter, this time from a property debt collection company with an additional fee of £235 on top of the ground rent, for total charges of £435!!!
I have now written letter several letters to the company requesting to explain the reason for these charges when I had offered to pay in the first instance. I have explained that I wrote an email to them, as per their request, when their agent declined my previous offer but never received any clear response from them.
Can anybody advise what I should do next please?
Regards
Arun Aiyer
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Member Since November 2013 - Comments: 35
1:17 PM, 4th April 2015, About 11 years ago
Firstly I paid the ground rent on time to the MA about 3 weeks later the new freeholder wrote to me demanding payment, therefore I contacted the MA and got a refund which i sent to the new collector, who cashed the payment this was after a new company took over (A&J Estates) so the original payment went to the managing agent who was taking payments previously, then they sent me demands for solicitor fees and also made a application in the county court when i refused to pay there additional added on fees. they also demanded the ground rent for the previous 6 months, which was before they took over the free hold.I am currently making an application to the LHVT
I just hope they will sort this out in my favor.
Member Since July 2013 - Comments: 154
1:24 PM, 4th April 2015, About 11 years ago
Ground rent demands MUST be sent as a STATUTORY NOTICE with the exact correct wording (much like Deposit prescribed information), if not, you are NOT legally obliged to pay the rent. Tell your Freeholder to send the correct notice and you will pay JUST the ground rent. Let them persist with ‘late charge’ claims and you can respond by insisting they take legal action (which, of course, they will not once they’ve been advised by their legal people).
If they DID use the correct notice then PAY UP!
Member Since July 2013 - Comments: 184 - Articles: 1
2:05 PM, 4th April 2015, About 11 years ago
I have had this same situation but in County court the other side settled as long as I didn’t mention them
It’s all a con. You must counter claim for your time and add thousands as your charges, and I can tell u this that solicitors fees are extortionate so I sent a letter to solicitors stating they are complicit in the overcharges and would be reported to the judge. The judge agreed with me, the solicitors declined to represent the freeholders at that point and waived their fees. You must fight back and Counterclaim as the freeholder wants to take your lease.