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ilona pinter
01-06-2012, 10:28 AM
Hi there i have sent my freeholder recorded letters asking for the ground and the insurance for my flat which is one of 2 in a Victorian conversion. I know there is ground rent to pay because i have a copy of the lease, I have had no response since dec 11 what is my next course of action. I do want to sell the flat in the next 5 years will i have difficulty selling because i have not paid no ground rent nor buldings insurance since purchase in Jan 07.
Many thanks in advance

andydd
01-06-2012, 14:40 PM
Ground Rent is payable if you have been served demands complaint with S166 of CALRA 2002, it appears you havnt, so nothing is payable..BUT as you wish to sell this may cause a problem, IF you wish to sell it soon but you nmetion the next five years. The limit for demanding it is 6 years so you may find that GR older than this will be unrecoverable anyway.

If you have the lease and it says the amount of Ground REnt, you could of course just send a cheque ?

Is the buidling being insured ?. It is very important that you find out !. You can request insurabnce details under The landlord & Tenant Act 1985, it is a criminal offence not to comply, if you get no response you may wish to consider informing the local authority and perhaps insuraing the property yourself.

Andy

ilona pinter
02-06-2012, 11:13 AM
Ground Rent is payable if you have been served demands complaint with S166 of CALRA 2002, it appears you havnt, so nothing is payable..BUT as you wish to sell this may cause a problem, IF you wish to sell it soon but you nmetion the next five years. The limit for demanding it is 6 years so you may find that GR older than this will be unrecoverable anyway.

If you have the lease and it says the amount of Ground REnt, you could of course just send a cheque ?

Is the buidling being insured ?. It is very important that you find out !. You can request insurabnce details under The landlord & Tenant Act 1985, it is a criminal offence not to comply, if you get no response you may wish to consider informing the local authority and perhaps insuraing the property yourself.

Andy

He has ignored the letters and phone calls was is my next step. when i sell it and they ask why i have not paid any ground rent or insurance surely this will scare potential buyers

andydd
02-06-2012, 14:36 PM
I have to admit I dont know what happens in this scenraio, I thought the freeholder is asked whether there is money owing or any disputes, it may be the answer to both of these is 'no'.

Andy

ram
02-06-2012, 15:41 PM
If the freeholder has not insured the building, ( you of course
need to pay 50% of it ) and looks unlikely he would insure and not
ask you for the 50%, I can assume the building is not insured.

If not insured, and the building burns down, you have no home, and
you have to continue pay the mortgage for a home you no longer
have or can live in.

Next step: ( as andy says )
request insurance details under The landlord & Tenant Act 1985,
stating that he will be committing a criminal offence not to
comply, and his fine would be a around £ 2000.
And you have been asking since last year, so he has had
enough time to reply to you, and that if you dont get the
details you require, you will commence proceedings under the
landlord & Tenant Act 1985, and he will also be fined for not
supplying in the first place.

See if you get an answer to that.
Do not send registered post, as if he is out, he wont be bothered
to get a bus to the sorting office to get his mail.

Send 2 identical letters, from 2 different post offices, and get a
receipt of posting ( showing the recpients address ) as that is
enough proof that the letter/ s DID get pushed through his letter box.

If no reply, come back on here for info to sue him for the information.

R.a.M.

andydd
02-06-2012, 17:43 PM
Also send to an email, Fax or DX addy if you have any of these.

Andy

ram
02-06-2012, 18:01 PM
when i sell it and they ask why i have not paid
any ground rent or insurance surely this will scare potential buyers

The freeholder is under no obligation to forward any details to
any solicitor when information requested ref ahouse sale /
purchase, so it would seem if he wont talk to you, he wont talk
to them.

The freeholder will be asked if service charges are paid upto date,
if he does not reply ( very likely ) you can just say he has not
indicated there is anything owing, and not worth his time by saying
so.

The freeholder will be asked if service charges are paid upto date,
--same as above answer.

The freeholder will be asked to give a copy of the current insurance
documentaion. if it's not insured, you may well lose your buyer.
( Probably a certainty )

You may be asked if an asbestos report has been done
You may be asked if a fire and safety report has been done
( legal requirements )

Above 2 mayaply to just 2 flats, but am not sure.

So, yes, you may not be able to sell.

R.a.M.

ilona pinter
03-06-2012, 09:13 AM
Can i not simply just insure my flat and have all the documents ready for when i sell. thankyou very much for your help guys and girls

ram
03-06-2012, 09:27 AM
Can i not simply just insure my flat and have all the documents ready for when i sell. thankyou very much for your help guys and girls
You cannot insure your flat only.

You have to insure the building, all 2 properties.
It's the building that contains your flat, and all other flats.

And you will be insuring for the loss of 2 flats in the event of fire.

Purchases will not want to know, if they have to insure ALL the
building.
Are you paying service charges ? and if not, that will put off buyers.

ilona pinter
03-06-2012, 10:13 AM
You cannot insure your flat only.

You have to insure the building, all 2 properties.
It's the building that contains your flat, and all other flats.

And you will be insuring for the loss of 2 flats in the event of fire.

Purchases will not want to know, if they have to insure ALL the
building.
Are you paying service charges ? and if not, that will put off buyers.

i don,t pay no service charges just the ground rent and insurance, but obviously have not paid neither because freeholder will not send me bills even after many requests have been sent.

siva
03-06-2012, 10:36 AM
I do want to sell the flat in the next 5 years will i have difficulty selling because i have not paid no ground rent nor buldings insurance since purchase in Jan 07.
Many thanks in advance

There shouldn't really be a problem as long as you have the funds to pay when selling. Alternatively you could negotiate with the purchaser for them to pick up the bill.

You may have a problem selling if the landlord is neglecting his duties. Who would want to buy a flat in a building that is not insured?

ilona pinter
25-06-2012, 10:41 AM
I have sent the letters requesting insurance and ground rent invoices schedules etc no response that's four letters since dec 11, I,m gonna be screwed when i sell this flat. What is my next course of action. I don,t get on with the freeholder but i want to pay my share of the insurance and pay the ground rent he shows no concern. help really needed.

siva
25-06-2012, 12:19 PM
I have sent the letters requesting insurance and ground rent invoices schedules etc no response that's four letters since dec 11, I,m gonna be screwed when i sell this flat. What is my next course of action. I don,t get on with the freeholder but i want to pay my share of the insurance and pay the ground rent he shows no concern. help really needed.

You have several possible options in regard to the insurance.

There may be something in the lease that requires the LL to provide information on insurance. If so you could take him to court to request an injunction/order for specific performance.

If the lease requires that you pay a service charge which includes insurance then the LL is bound by statute to provide certain insurance information and facilities to inspect. If he fails to respond properly to a valid request then he can be fined up to £2500. The Local Housing Authority may act on your behalf regarding this or you may bring a private prosecution in the magistrates court. See here (http://www.legislation.gov.uk/ukpga/1987/31/schedule/3)

If the LL fails in either of the above then you can apply to the Leasehold Valuation Tribunal to have them appoint a manager. See here (http://www.lease-advice.org/publications/documents/document.asp?item=18).

You might also want to look into "Right to Manage" or "Collective Enfranchisement". See here (http://www.lease-advice.org/publications/). I haven't checked back through the thread to see if this is suitable for your personal situation.

leaseholdanswers
25-06-2012, 12:24 PM
Sharing your frustration with a purchaser is more likely to put them off.

You can explain, simply, that the GR is £x, that the landlord has not billed the ground rent ( leave out your chasing it etc )and in case he ever does, as he can bill the last 6 years, you are going to knock that off the price.

Via the Tenancy relations officer of your local council, they can write to the landlord requiring insurance particulars threatening prosecution, or you can in turn ask a solicitor, who you will want for the sale anyway, to write to the landlord.

ilona pinter
25-06-2012, 13:24 PM
Thankyou very much guys

ilona pinter
27-06-2012, 08:20 AM
spoke to the housing relations officer this morning they cannot help as they say it,s a civil matter. what forms do i need to go to magistrates court. Thanks in advance

leaseholdanswers
27-06-2012, 10:52 AM
You cannot insure your flat only.

Yes, they can. And insure on an indemnity basis of the landlords failure to insure the remainder.

siva
27-06-2012, 11:17 AM
spoke to the housing relations officer this morning they cannot help as they say it,s a civil matter. what forms do i need to go to magistrates court. Thanks in advance

Well as Leaseholdanswers says "they can" but they're under no obligation. You may need to take it higher or provide them with some documentation to convince them. I did see something, some time ago, on this but can't remember where it was. You may find that whatever you do, the Council will try their best not to get involved. A shame really, because all it usually requires is a letter from the Council to get a LL jumping through hoops.

I would certainly consider the other options (see earlier posts) before taking on a criminal case yourself. When I looked into this, it took me ages before I managed to speak to somebody at the magistrates court who had even heard of "private prosecution". You could make a small technical error and end up paying thousands of pounds in costs.

leaseholdanswers
27-06-2012, 11:41 AM
The Act does not say that the LA must, but may. The obligation is however implicit in it's inclusion and they wil have to defend the reasons why they did not. Arguing and getting the council to do so is quite another matter and while almost inevitable,time will pass.

I suggest that you write to them and ask them, based on the evidence that you provide in your letter, why they have decided not to exercise their powers under section 34http://www.legislation.gov.uk/ukpga/1985/70/section/33


As it is a breach, based on your post, their reply will help you in looking at appointment of a manager or compulsory acquisition of the freehold (not in this case RTE).

ram
27-06-2012, 16:36 PM
( You cannot insure your flat only.)
Yes, they can. And insure on an indemnity basis of the landlords failure to insure the remainder.

Which means ? you have to insure the whole of the building, or have
insurance that covers the whole buiding with the 2 flats in ?

leaseholdanswers
27-06-2012, 18:36 PM
It meant what it said.

ilona pinter
10-07-2012, 08:46 AM
no reply from freeholder i wanna go through the magistrates route can it be done over the phone as i live far from the flat in question it,s something i have not done before so have no idea how to approch this many thanks for all the help. Ilona

MonkeyMagic
10-07-2012, 10:30 AM
It might be worth considering going to tribunal rather than the Magistrates Court. The leasehold valuation tribunal can deal with a lot of cases just by post. They can consider the reasonableness of your freeholder's (in-)action and how to resolve it (although you might have to go via a court first in some instances).

More details on the tribunal here:
http://www.justice.gov.uk/tribunals/residential-property

Might be worth giving them a call.

hansa
10-07-2012, 10:31 AM
no reply from freeholder i wanna go through the magistrates route can it be done over the phone as i live far from the flat in question it,s something i have not done before so have no idea how to approch this many thanks for all the help. Ilona

I looked into this a long time ago and cannot advise you as to which magistrates court you need to bring a case in. In my case I researched what I needed to do, drafted a letter to the local (flat & me) magistrates court and sent a copy to the LL informing him of the consequences if he did not provide the info. I needed. 2 days later I received a letter from the Landlord claiming the freehold had been sold to a limited company. This company did not in fact exist at the time and was created some 7 weeks later for us to find that the director was the LL's mother. She claimed to have no connection with the old LL's managing agent and no business relationship with her son and no access to the information I requested. I eventually managed to get the information I wanted (it was invoices) but had to bring an LVT case against the new LL disputing service charges. When they realised that without the invoices they might not have been entitled to payment the invoices suddenly became available. Unfortunately (for them) their maneuvers backfired on them because all service charges for 2 years were deemed not to be due because demands were invalid and the time limit of 18 months to issue demands was exceeded.

The current LL is now threatening proceedings against me in order to take the flat off me for breach of lease.

You are welcome to take what I wrote and modify it to your circumstances. I take no responsibility for it being correct. PM me your email address and I'll send you copies of the letters I sent.

andydd
10-07-2012, 10:57 AM
It might be worth considering going to tribunal rather than the Magistrates Court. The leasehold valuation tribunal can deal with a lot of cases just by post. They can consider the reasonableness of your freeholder's (in-)action and how to resolve it (although you might have to go via a court first in some instances).

More details on the tribunal here:
http://www.justice.gov.uk/tribunals/residential-property

Might be worth giving them a call.

I dont believe though that this falls within their juridstiction.

ilona pinter
10-07-2012, 11:26 AM
yes that would be very useful could you send me a copy please. many thanks

ilona pinter
24-07-2012, 08:45 AM
I sent him 3 more letters and within 3 days i got 3 years worth of bills for the insurance i paid only 2 years cos i paid one already thanks for all the advice. Now i,m gonna hassle him for a lease extension.

hansa
24-07-2012, 09:00 AM
I sent him 3 more letters and within 3 days i got 3 years worth of bills for the insurance i paid only 2 years cos i paid one already thanks for all the advice. Now i,m gonna hassle him for a lease extension.

Did you send him the draft of the letter to the magistrates court that I PM'd you?

ilona pinter
24-07-2012, 09:09 AM
yes i did i think that done the trick thankyou very much, I owe you a drink if ever are paths are crossed. Ilona

hansa
24-07-2012, 09:29 AM
yes i did i think that done the trick thankyou very much, I owe you a drink if ever are paths are crossed. Ilona

No worries. It's reward enough to see the b******'s eat humble pie.

In my case, when I sent that letter, I got a reply saying the freehold had been sold to company XXXX Limited and that the directors would soon be in touch. The company didn't exist and only when it was registered two and a half months later did we find out that the company was owned by the original LL's mother.

She proceeded to claim no connection with the previous managing agent and had no access to the invoices/receipts we wanted to see. This made a case in the magistrates court more of a risk to me because the law says they can only be prosecuted if they have not provided the invoices/receipts without good reason.

In the end (after about 18 months) I saw the receipts because I brought a service charge case in the LVT which ruled that their demands were invalid because they were from the wrong LL! All their time wasting made it impossible to re-invoice because 18 months had expired since the costs were incurred.

Poetic justice me thinks. I'm paying for it now though with dubious claims that I am breach of the lease.