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Ground rent admin charges (Simarc)


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Hi guys, I'm having trouble with Simarc too. If anyone can help, I'd be grateful. The sorry story to date is

 

my lease is owned by Simarc. I contacted them earlier this year requesting a quote to buy my freehold. After that, I got a demand for 2 years ground rent at £35 per year plus costs leading to a payment demand if £184.00 in total.

 

I told Simarc they hadn't requested payment and I had no correspondence from them since 2013. They were adamant they sent the demands.

 

However, I have proven the demands were sent to an old email address. I've also sent proof that I changed my email address PRIOR to their demands.

 

They are refusing to come to ANY agreement. I have stated that I will pay the ground rent but not their costs, as it's not my fault they sent the demands to an old email address.

 

They have now stated that they are unwilling to consider my offer and that I need to rake legal,advice.

 

I

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Hi Dtec001

 

I am going to move your post to its own thread as you have tagged onto someone elses thread.

 

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Hi Dtec001

 

I am going to move your post to its own thread as you have tagged onto someone elses thread.

 

This way you will get better advice from our caggers

 

Thanks Stu007

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http://lease-advice.org/publications/documents/document.asp?item=63

 

This gives information on how to dispute the addtional charges as well as how the ground rent should have originally been demanded. I haven't checked, but you might want to ask if email is a valid method of sending the demand amongst other things.

RMW

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I understand Simarc's pov. YOU changed email address and prob did not inform them of change. One reason why email is not satisfactory method of Service for any Notices.

Once ground rent is properly demanded, even late, it is due in full for previous 6 years, so your only concern is whether the late payment admin charges have been lawfully applied.

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Its questionable if whether the correct email change was given to Simarc, LH's who don't live at the property should ALWAYS provide the Landlord with a correct postal address for service of demands, etc

 

Im not certain on the legalities of using email addresses though BUT its worth noting that extra admin charges are only payable IF the lease allows and IF they have been sent with an accompying Summary of Rights - Admin Charges as per here > http://www.lease-advice.org/publications/documents/document.asp?item=89 many FH's forget this.

 

In any event even IF payable, an application can be made to the FTT (previously LVT), to determine reasonableness, for example is the extra £114 odd a reasonable amount ?

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