Due to a long drawn out divorce I have forgotten to pay my ground rent for 2013 and 2014, I hold my hands up they sent me a reminder but it completely slipped my mind.
I owe them £15 , they have now charged me a £60 late payment charge on top of what's owed, before I just pay it are they entitled to do this ?
When you enter an agreement of any description there will always be a contract that you sign and agree to along with the terms and conditions that apply. It should explain about late payments and what the charges applied are so you need to look at your contract of terms and agreement first to see if their charges are accurate or not. The charges could be applied on a monthly or annual percentage basis in which case you would need to calculate the charge accordingly at the rate specified.
Think yourself lucky, our Landlord has just increased our ground rent, bigtime Over 200 of us leaseholders on the estate have received our new rents as part of a 25 year review. Price before: £50 pa and £75 pa. New rents vary between £1,100 and £3,500 pa!!!!! I already owe £300 since April 1st. Legal but totally immoral. One Solicitor getting it wrong when we bought, ok, many different Solicitors? Doubtful. Our Landlord, the Labour controlled, City and County of Swansea.
We are contesting it as a group but the Landlord from Hell advised us by letter that we should individually appoint a Solicitor and Chartered Surveyor for each case (that'll be cheap) and submit our findings should we wish to dispute. Or in other words, 'People with money need only apply'. This is an estate built on an old Steelworks site with ordinary people living here. Young couples with Families, old wrinklies like myself etc. Just your average, working class community.
Bet Nye Bevan is spinning in his grave
Dampavan - if you have still a good number of years left to run on the Lease, would it not be worthwhile buying the freehold rather than paying such a high ground rent? If it is done before the increase comes in to force, this should mean the freehold works out cheaper as the ground rent is part of the calculation of the freehold price, if you get my drift.
Just a thought.
Personally I am no fan of leasehold property and would never buy anything unless it came with the freehold.
Quote: Originally posted by Gowerray on 20/6/2014
......We are contesting it as a group but the Landlord from Hell advised us by letter that we should individually appoint a Solicitor and Chartered Surveyor for each case (that'll be cheap) and submit our findings should we wish to dispute. Or in other words, 'People with money need only apply'.....
Just a query; CAN they make you apply individually? I don't know, but Phil (cwdc56768) would probably know - I wonder whether the Landlord is frightened (for a reason) of a group action, and are trying to discourage such...
What does your (group) solicitor say? (If you have one?)
Gram
------------- What's the difference between a chicken?
Quote: Originally posted by Gowerray on 20/6/2014
Think yourself lucky, our Landlord has just increased our ground rent, bigtime Over 200 of us leaseholders on the estate have received our new rents as part of a 25 year review. Price before: £50 pa and £75 pa. New rents vary between £1,100 and £3,500 pa!!!!! I already owe £300 since April 1st. Legal but totally immoral. One Solicitor getting it wrong when we bought, ok, many different Solicitors? Doubtful. Our Landlord, the Labour controlled, City and County of Swansea.
We are contesting it as a group but the Landlord from Hell advised us by letter that we should individually appoint a Solicitor and Chartered Surveyor for each case (that'll be cheap) and submit our findings should we wish to dispute. Or in other words, 'People with money need only apply'. This is an estate built on an old Steelworks site with ordinary people living here. Young couples with Families, old wrinklies like myself etc. Just your average, working class community.
Bet Nye Bevan is spinning in his grave
Some how I doubt very much if they can prevent you from taking class action against them. They seem to be using scare tactics by stating it has to come from individuals and not as a group probably so that no individual will challenge them.
They have probably stated this as they are scared of possibility of losing in court which could open the floodgates to other claims or seem them all kicked out of the council seats they occupy.
I really think you need to ban together and decide whether you should consider some form of action against the council.
Buying the Freehold? Apparently people have applied to buy in the last year and been told 'all sales are on hold until review.' Prices quoted for the 'old' ground rent price for the freehold varied between £4500 and £7500. Under new terms the cheapest will be in excess of £50,000!!! Lease years remaining on all leasehold properties 100 years.
Joint Solicitor? It will be if they take it to the Leasehold Advisory people. Scare tactics? Probably and it's working Pensioners and young Families alike fearing a very insecure future. My own case? Not in the best of health and looking forward to another long round of Hospital tests. Great fear now that if and when I peg it (as we all will), my Wife will not be able to afford to live in the home we struggled to pay for and eventually get debt free with. Local Councilors? Don't think it'll make much difference to the vote next time. They've spun it against us with people labeling us as freeloaders and worse. They've played on the word 'RENT', it suits the thickos and Councillors alike.
Free2013? My apologies for hijacking your thread. Hope you get sorted soon and for the best. Forgetful during divorce? Been there and done it but as everybody will no be telling you, 'it does get better with time'. No quick fix. Best of luck for the future. Take care, Ray
Quote: Originally posted by Gowerray on 22/6/2014
Buying the Freehold? Apparently people have applied to buy in the last year and been told 'all sales are on hold until review.' Prices quoted for the 'old' ground rent price for the freehold varied between £4500 and £7500. Under new terms the cheapest will be in excess of £50,000!!! Lease years remaining on all leasehold properties 100 years.....
Most definitely, most emphatically, most certainly - consult a lawyer!! Laws exist that state you have a right to purchase the leasehold or freehold - whether the owner(s) like it or not! Look here for example - and there are specific calculations to determine how much can be charged!
It may be that the figures they quote are correct - but once again, I personally suspect attempts to frighten people off. When I bought my leasehold (which was an "eternal" term), the cost as per the prescribed, legal, calculations was seventy-five pounds and forty-two pence!
Look also for information on "redemption of rent charge" - this should also produce information.
Gram
------------- What's the difference between a chicken?
As Gram has said, you really must take legal advice. You have the right to buy the freehold and they can't refuse to sell it to you or "put it on hold". The law exists to protect leasehold property owners and you need to use it.
Within the legislation is a proper formula for calculating the price of the freehold too, which includes the number of years left to run on the Lease, the value of the property, the ground rent etc. As you are facing a massive ground rent increase (assuming you can't challenge it) an application to buy should be made before the increase comes into effect.
See a lawyer if you can as soon as possible, preferably one with specialist knowledge. It may cost you now but could save you thousands in the long run.
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