Letter (not s.166 Notice) demands ground rent/service charge

[Meliska]

I am a lease holder of a ground floor flat within a victorian conversion. I have recently received a letter from a solicitor requesting on behalf of the freeholder that I should pay for the past 2 years of Ground rent and my share of 2 years building's insurance within the next 14 days. I am not contesting the request for monies but only the manner in which it has been made.
I have never received prior request of payments from the freeholder for either ground rent or insurance. Does this solicitor letter constitute an official Notice of Demand under S.166? If not am I entitled to ask for an official Notice of Demand? And surely am I not then entitled to 30-60 days to pay up from when I receive this notice? One last question is should I request separate notices for each year?
Any shedding of light on this matter would be appreciated.

[andydd]

I am a lease holder of a ground floor flat within a victorian conversion. I have recently received a letter from a solicitor requesting on behalf of the freeholder that I should pay for the past 2 years of Ground rent and my share of 2 years building's insurance within the next 14 days. I am not contesting the request for monies but only the manner in which it has been made.
I have never received prior request of payments from the freeholder for either ground rent or insurance. Does this solicitor letter constitute an official Notice of Demand under S.166? If not am I entitled to ask for an official Notice of Demand? And surely am I not then entitled to 30-60 days to pay up from when I receive this notice? One last question is should I request separate notices for each year?
Any shedding of light on this matter would be appreciated.

Service charges (which the insurance would come under) must be requested within 18 months of the costs being incurred so perhaps the request for the 2years old insurance is not valid ?

[Gordon999]

If you agree the amount demanded is correct, why not just pay up ?

You should be aware that if you are in arrears of ground rent , the freeholder is allowed to seek interest at the rate specified in the lease and any recovery costs which include solicitors costs.

[Lawcruncher]

Notice under Section 166 of the Commonhold and Leasehold Reform Act 2002 must be in the prescribed form. The prescribed form is set out in the schedule to The Landlord and Tenant (Notice of Rent) (England) Regulations 2004 which can be found here: http://www.opsi.gov.uk/si/si2004/20043096.htm Section 166 does not apply to any element of service charge which has its own rules.

[jeffrey]

I am a lease holder of a ground floor flat within a victorian conversion. I have recently received a letter from a solicitor requesting on behalf of the freeholder that I should pay for the past 2 years of Ground rent and my share of 2 years building's insurance within the next 14 days. I am not contesting the request for monies but only the manner in which it has been made.
I have never received prior request of payments from the freeholder for either ground rent or insurance. Does this solicitor letter constitute an official Notice of Demand under S.166? If not am I entitled to ask for an official Notice of Demand? And surely am I not then entitled to 30-60 days to pay up from when I receive this notice? One last question is should I request separate notices for each year?
Any shedding of light on this matter would be appreciated.
If it does not comply with the wording/dates/timescales that s.166 stipulates, it's not a valid ground rent demand- even if a solicitor sent it!

[Meliska]

Thank you for your responses. I have decided that although the way in which the demand has been made is incorrect I will pay the ground rend to clear up that matter. However I have concerns regarding the Buildings Insurance statement as the property is described as Terraced House instead of 2 separate flats. Also the ownership is stipulated as owned outright which is incorrect as our flat is morgaged.
Can anyone clarify what time I should be given legally to pay buildings insurance. Should it be 30 to 60 days? I am being asked to come up with £848.06 withing 14 days which I think is a bit harsh since I have never had prior demands from the landlord.
Thank you

[jeffrey]

Can anyone clarify what time I should be given legally to pay buildings insurance. Should it be 30 to 60 days? I am being asked to come up with £848.06 withing 14 days which I think is a bit harsh since I have never had prior demands from the landlord.
There are two answers, so far as concerns ground rent.
A. Whatever the lease says.
B. Whatever s.166 (with which you do not seem interested) says.

[Meliska]

Specific to my insurance situation my question is therefore is there a legal minimum amount of time given for tenants to pay their share of building insurance? the landlord is aking me to pay arrears of two years in 14 days without ever making any prior demands whether written or verbal. I do not believe that S.166 applies to service charges but only to ground rent. Thank you .

[jeffrey]

Yes. As post #5 says, s.166 relates to ground rent. A non-compliant ground rent demand is invalid.
Otherwise, the period for payment (e.g. service charge, inc. insurance premium) is whatever the lease prescribes.