Can L demand backdated ground rent & service charge?

[Leaseholder2010]

Our freeholder never set up a management company and never charged ground rent going back 5 years to 2005. He has since invoiced for ground rent which has been paid. Beyond a few bills (building insurance, water, electric and fixing an electric gate) no other services have been provided. He is now seeking reimbursement for the expenses incurred (in the last 18 months) as well as the balance of maintenance charges (in essence he is seeking all 5 years services charge fees per flat). Can he do this?

[Gordon999]

Best to read wording in your lease regarding your obligations to pay annual service charge.

If you do not agree , you can make an application to the LVT for judgement on the reasonableness of the service charge demands.

[jeffrey]

Our freeholder never set up a management company and never charged ground rent going back 5 years to 2005. He has since invoiced for ground rent which has been paid. Beyond a few bills (building insurance, water, electric and fixing an electric gate) no other services have been provided. He is now seeking reimbursement for the expenses incurred (in the last 18 months) as well as the balance of maintenance charges (in essence he is seeking all 5 years services charge fees per flat). Can he do this?
GROUND RENT
This can be validly demanded late, provided that L:
a. serves a s.166 Notice; and
b. does not try to claim arrears older than six years- even if they exist, any recovery action by L could be defended by T so far as concerns the older arrears [Limitation Act 1980 imposes a six-year time limit].

SERVICE CHARGE
This probably cannot be demanded late. See s.20B of LTA 1987.

[fps]

section 20b notice would need to be served if the cost was incurred more than 18 months ago for service charges to be reclaimed.

[jeffrey]

Yes, as I posted.