Is it legal to send a ground rent demand by email only?

by Readers Question

10:24 AM, 14th August 2015
About 3 years ago

Is it legal to send a ground rent demand by email only?

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Is it legal to send a ground rent demand by email only?

I have just incurred admin costs for late payment for ground rent as I deleted the email from the managing agents demanding ground rent by mistake and have forgotten to pay.penalty

I would like to know is it legal for ground rent demands to be sent by email only? What happens if people do not use the Internet or very little. Can I challenge the admin costs which for the extra email they have sent me regarding the unpaid ground rent is a staggering £106.

The ground rent demand is for £125 and they have now added the £106 admin cost to it.
Any help or advice would be appreciated.

Ray



Comments

Neil Patterson

10:27 AM, 14th August 2015
About 3 years ago

Hi Ray,

This sounds a bit steep!

I would check with the Leasehold Advisory Service >> http://www.lease-advice.org/

Mark Weedon

14:41 PM, 14th August 2015
About 3 years ago

It is important you pay the ground rent but write to them and tell them their admin fee is excessive and if they pursue it you will refer the matter to the FTT.

Also request all future demands are sent by post.

Steve Masters

14:43 PM, 14th August 2015
About 3 years ago

You might find that your ground rent is legally due on fixed date each period and your rent demand email is really just a reminder. What do people think?

£106 late fee does seem steep!

Karolina Tolgyesi

15:04 PM, 14th August 2015
About 3 years ago

Ground rent is due because the lease says so, I'm afraid. When purchasing the flat you agreed to comply with the lease covenants, including paying ground rent on set dates as long as you own it.

You might, however, can question unreasonable admin fees. Have you tried to talk to them, asking for a breakdown of it? If you always paid on time before they might be prepared to waive it. And perhaps you can ask for bank details and a reference number, and set up a standing order to avoid this happening again.

Chris Amis

21:27 PM, 14th August 2015
About 3 years ago

You might ask andy on the link for the case number, then you might cite that as an excuse to reduce it to £25.
http://www.landlordzone.co.uk/forums/showthread.php?35969-Reasonable-late-payment-fee-admin-charge&p=282732#post282732

Dr Monty Drawbridge

10:56 AM, 15th August 2015
About 3 years ago

Reply to the comment left by "Karolina Tolgyesi" at "14/08/2015 - 15:04":

Hi Karolina.

This isn't entirely true. There are strict statutory rules about how and when ground rent is demanded. It is not due until it has been properly demanded.

Howard Michaels

12:27 PM, 15th August 2015
About 3 years ago

Ray - unless they sent you a Notice under Section 166 of the Commonhold and Leasehold Reform Act 2002 the ground rent is not payable. There is a strict timetable specified in the Section only during which the Notice is valid [not less than 30 days nor more than 60 days before the rent due date].

Puzzler

9:28 AM, 24th December 2017
About 9 months ago

How did you get on?


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