Ground rent and service charge non payments for over 10years

[mucker1980]

Hi,

 

This is a first time posting so if anyone could give me some advice that would be great.

 

My partner owns his flat since November 2003, he got sent a bill for the ground rent and insurance and maintenance around £700 and at the time he could not afford it and knew the previous owner had settled on the sale of property so had a chat and this seemed fine.

 

Now this was a few years before I had met him. So say beginning of 2013 I seen him on another building plot he has the leaseholds on, and had a chat about wanting a bill as the time has come for us to sell and we would like a bill as we have not been sent once since, bearing in mind the way he relayed things back, pointing out we cannot sell unless it's paid and also show me kind faith and I'll be good too you ( meaning the bill, can I say he has not done any maintenance on the property since I have been there which is 2007).

 

So then I get a bill a few weeks later but just for the ground rent around £1300. So then I called him and thanking him for getting the bill together, however I would like the full bill as I need to know the amount to arrange the money. He said he would do this.

 

Say around two months later I still have not heard anything I have looked into things and to my knowledge he is unable to bill past 6 years on ground rent and 18 months on insurance etc due to the limitation act and tenant act.

 

So I sent him a letter stating these facts and asked for a full bill and also full invoices and insurance documents and providing this is enough I would pay the balance within three months.

 

This was over 6 months ago and now we are a couple of months from going on the market, and I'm not sure what my next step is, was I right in what I was saying with the limitations? I'm worried about the insurance as he has not provided anything to us at all, and also if it is there then I paying twice really for this? I think this can put buyers off especially if there's a delay because of a settle argument and want this resolved before I actually sell this place is there any options here? Also I'm not sure if the limitations stand as it has sent a bill way back in 2003.

 

I was thinking of ringing him again saying that he obviously doesn't agree with everything I have stated, moving forward the bill needs to be paid and if we can come to an agreement the payments can be payment immediately.

 

I also know my neighbours ( live in a block of six flats) are in the same position and not receiving bills and one has not paid at all, and another two flats received a bill around the same time as I received my coincidently and pay because it was a really low amount and thought they had a bargain!

 

Should i start making payments to him?

 

This is really getting to me as we are in a one bedroom flat with a little girl almost three in the same bedroom and the difference of the bill makes a Hugh impact and also could potentially lose a sale due to the problem!

 

Any help would be greatly appreciated

 

J

[stu007]

Hi mucker1980

 

A warm welcome to CAG, please do take your time to have a look around the forums.

 

In the meantime I am going to move your thread to the Residential and Commercial lettings as I feel you will get more advice in that forum.

 

It administrative so nothing for you to do and I will leave a short redirect so you can find your thread.

 

Just in case this is a link to your thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?421576-Ground-rent-and-service-charge-non-payments-for-over-10years(35-Viewing)-nbsp