Simarc demanding 6yrs backdated ground rent - HELP!

[fuzed]

hi guys/gals.

 

Need some advice really...

 

I have a property I bought in 2006 - Ground rent was paid by the builder, barratts for the first year.

 

Since then It was my duty to pay the ground rent, this never happened due to it being taken over by simarc,

and them demanding that I pay the first years ground rent

 

- this dispute went on for many many years

- up until August 2011 when they admitted that the payment was made by barratts

(supposedly now it wasn't paid but they decided that they would let it go as they wouldn't get the money from barretts).

 

I have today offered to pay the outstanding balance of ground rent over a 12 month period as this is what I can afford,

the issue is that the ground rent owed (2007, 2008, 2009, 2010, 2011 and 2010) comes to £1080 in total. (yeah an extortionate amount but thats another issue).

 

What they have done is added on Interest in the region of £164.74,

plus arrears file prep at £110,

arrears letter £15,

obtaining office copy entries in relation to arrears £25

plus vat on top £30

 

so a grand total of 1432.87 (which I can't afford at the moment)

 

They are wanting to add this to my mortgage, but not something I really want to do,

I have offered to pay £1100 over a 12 month period but they will not budge and keep saying contact your mortgage lender.

 

Not sure where I stand legally, I've contacted the Leasehold Valuations Tribunal, not sure they can help but I do hope they can.

 

Any guidance at all would be great.

[dx100uk]

PENALTY charges here can be reclaimed

they are unlawful

 

letters,

arrears prep file.

office copies.

 

dx

[fuzed]

I haven't paid them as of yet, how can I go about making them understand that they CAN NOT charge me for those items, what is the best course for me to take to get that figure down, and also how can I get them to agree to let me pay over a 12 month period?

[dx100uk]

i cant see why not

 

there is no legal presedence

and it was not YOR mistake

 

i think we need help

 

i'll ask

 

dx

[andydd]

hi guys/gals.

 

Need some advice really...

 

I have a property I bought in 2006 - Ground rent was paid by the builder, barratts for the first year.

 

Since then It was my duty to pay the ground rent, this never happened due to it being taken over by simarc,

and them demanding that I pay the first years ground rent

 

- this dispute went on for many many years

- up until August 2011 when they admitted that the payment was made by barratts

(supposedly now it wasn't paid but they decided that they would let it go as they wouldn't get the money from barretts).

 

I have today offered to pay the outstanding balance of ground rent over a 12 month period as this is what I can afford,

the issue is that the ground rent owed (2007, 2008, 2009, 2010, 2011 and 2010) comes to £1080 in total. (yeah an extortionate amount but thats another issue).

 

What they have done is added on Interest in the region of £164.74,

plus arrears file prep at £110,

arrears letter £15,

obtaining office copy entries in relation to arrears £25

plus vat on top £30

 

so a grand total of 1432.87 (which I can't afford at the moment)

 

They are wanting to add this to my mortgage, but not something I really want to do,

I have offered to pay £1100 over a 12 month period but they will not budge and keep saying contact your mortgage lender.

 

Not sure where I stand legally, I've contacted the Leasehold Valuations Tribunal, not sure they can help but I do hope they can.

 

Any guidance at all would be great.

 

Why did you not pay for the years after the first year ?

 

Were you sent a demand each year ?. If you were sent no demand then you had the legal right not to pay, the demand sent must comply with s166 of Commonholf & Leasehold Reform Act 2002..

 

 

166 Requirement to notify long leaseholders that rent is due.

 

 

 

(1)A tenant under a long lease of a dwelling is not liable to make a payment of rent under the lease unless the landlord has given him a notice relating to the payment; and the date on which he is liable to make the payment is that specified in the notice. .

(2)The notice must specify— .

(a)the amount of the payment, .

(b)the date on which the tenant is liable to make it, and .

©if different from that date, the date on which he would have been liable to make it in accordance with the lease, .

and shall contain any such further information as may be prescribed.

(3)The date on which the tenant is liable to make the payment must not be— .

(a)either less than 30 days or more than 60 days after the day on which the notice is given, or .

(b)before that on which he would have been liable to make it in accordance with the lease. .

(4)If the date on which the tenant is liable to make the payment is after that on which he would have been liable to make it in accordance with the lease, any provisions of the lease relating to non-payment or late payment of rent have effect accordingly. .

(5)The notice— .

(a)must be in the prescribed form, and .

(b)may be sent by post. .

(6)If the notice is sent by post, it must be addressed to a tenant at the dwelling unless he has notified the landlord in writing of a different address in England and Wales at which he wishes to be given notices under this section (in which case it must be addressed to him there). .

(7)In this section “rent” does not include— .

(a)a service charge (within the meaning of section 18(1) of the 1985 Act), or .

(b)an administration charge (within the meaning of Part 1 of Schedule 11 to this Act). .

(8)In this section “long lease of a dwelling” does not include— .

(a)a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies, .

(b)a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5) in relation to which that Act applies, or .

©a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8). .

(9)In this section— .

“dwelling” has the same meaning as in the 1985 Act,

“landlord” and “tenant” have the same meanings as in Chapter 1 of this Part,

“long lease” has the meaning given by sections 76 and 77 of this Act, and

“prescribed” means prescribed by regulations made by the appropriate national authority.

 

 

If you received no demand or the demand doesnt comply with the above then you can legally withold payment BUT it is possible for Simarc to later send a single valid demand asking for 6 years worth BUT all you would owe is the ground rent, no added on admin charges or interest.

 

So lets look at the admin charges, for any admin charges to be recoverable there must be a provision in the lease, so go find yours and have a good read through, also for interest to be claimable again the lease must make provision for this, no mention of admin charges or interest and it isnt payable.

 

AND to be payable the admin charges/interest demands must be accompanied by a "Administration Charges - Summary of Rights" , see here > http://www.legislation.gov.uk/uksi/2007/1258/pdfs/uksi_20071258_en.pdf , many freeholders forget this !

 

Now as for the LVT, they DONT have juridstiction over ground rent BUT they do have juridstiction over admin/interest as a result of failing to pay gropund rent, an LVt can conclude whether the admin/interest is payable and if it is, is it a reasonable amount (in my case an LVT concluded charges of £75 and the £130 were too high and reduced them to £25.

 

So you must find your lease and read through and try and understand it !, also look to see if ground rent demands were received by you and complied with S166 and did the demand(s) for extra charges come with the 'admin charges - summary' AND was it the right format & size (font 10) !?

 

Andy