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Sep, 2014

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  1. #1

    Default Section 146 Notice

    Hi all
    I wonder if you can help me.
    I'm a landlord for a block of flats and have one particular lessee who has paid no ground rent, insurance or sinking fund contributions for the last few years.
    I've chased and chased, written to his mortgage provider but haven't got anywhere. No correspondance has ever been received.

    Suddenly we have received a letter from his mortgage company asking for details of outstanding amounts. We did this but they have written back asking for a Notice of demand for the ground rent to be issued and also a Section 146 notice fo the outstanding service charges.

    First of all - my solicitors fee's have been quoted for doing this for me and are huge so I need to do it myself

    Secondly - where can I get a standard form to be able to issue these?
    Looking through this forum it seems that a valid section 146 notice needs to have the customers agreement or admission of the charges. I am not likely to get this at all... any ideas and plain english on what this means?

    Thank you

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    First, have you even submitted valid demands for:
    a. ground rent [s.166 of 2002 Act]; and
    b. service charge [s.18-s.30 of LTA 1985]?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3

    Default

    the S166 - is that different from the Notice of Demand for the ground rent that they have asked for?
    As for the service charge s.18-s.30 of LTA, no-one has mentioned this to me yet.

    in essence - no, none have been issued yet

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    As you've not validly demanded anything, you cannot serve a s.146 Notice nor lodge any proceedings. Your lessee knows more than you do.
    Er, how much do you understand the role and responsibilities of a freehold reversioner? I think that you need an urgent learning experience.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5
    Join Date
    Nov 2008
    Posts
    2,175

    Default

    Quote Originally Posted by Bexn View Post
    the S166 - is that different from the Notice of Demand for the ground rent that they have asked for?
    As for the service charge s.18-s.30 of LTA, no-one has mentioned this to me yet.

    in essence - no, none have been issued yet
    As Jeffrey has pointed out, your knowledge in this area does seem somewhat lacking, if I was your tenant I probably wouldnt be paying you anything either, as you have failed to comply with current law, you may well get a shock too if you try and recover costs from more than 18 months ago.

    Andy

  6. #6
    Join Date
    May 2007
    Posts
    465

    Default

    Better head on over to lease advisory service and do some reading...
    I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

  7. #7

    Default

    Quote Originally Posted by jeffrey View Post
    First, have you even submitted valid demands for:
    a. ground rent [s.166 of 2002 Act]; and
    b. service charge [s.18-s.30 of LTA 1985]?
    Going back to this comment.... trying to research the LTA 1985 i've come across this.... The Landlord and Tenant Act 1985 refers to all short leases for residential property and tenancies agreed for a period of less than seven years i.e. Assured Shorthold Tenancies. Short leases cover periodic tenancies where the tenant has no fixed term agreement but rents the property on a weekly or monthly basis.

    The person responsible for paying a service charge and the ground rent 'owns' the property, he has a lease with us for the ground area and the sinking fund/management company.

    Does this valid demand count/appropriate for this situation?......

    as for the other comments on my lack of knowledge.. thanks, not helping!

  8. #8
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    No-one is yet responsible for paying a service charge and the ground rent, as you seem not to have complied with legal requirements.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  9. #9

    Default

    sorry, i'm still not understanding this fully.
    Why is he not responsible for paying the ground rent and service charges? (these are mentioned in his lease and he would have been aware of them when he brought the property).

    By sending him invoices each year with all the correct information on them and him not paying them, where have I not complied legally?

  10. #10
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    (Sigh) Please re-read posts #2/3.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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