Refusal of a SAR

[Crazy council]

Re: Refusal of a SAR

Yes, but an agent or LL is not a stakholder for the deposit, ( only company separate to them, and contracted within the tenancy agreement )

The deposit had to go into a client account ( an accounting type client account ), and thus, always remains the clients funds, so does any interest. This was the case up to 2003, i dont know if any further case law procedded this,and was only for deposits taken prior the DPS. As an agent, you did have the right to deduct banking fees from the interest, but that was it, unless there was a claim on the deposit by the agent and LL,

I think the case law that allowed stakholders , was in favour of firms that check and provide tenants to LLs with some form of insurance of rent payments, and held the deposit in high interest accounts to lower costs.

OP, sorry just realised your on about ground rent for the property you own.... ( not extra on top of a tenancy ).

as long as it says it in the original leasehold, you will have to pay it. Although annoying that they never chased you for it untill now, it would be your responsibility to make sure its paid, I certainly would not pay no extra or fees though.

[ahflibra]

Re: Refusal of a SAR

CC I have read that it's the LL responsibility to send the bills out and they cannot demand more than 6 years I got that off the shelter website

[dan_1207]

Re: Refusal of a SAR

If LL is demanding ground rent, and references are made to a lease and approaching mortgagee, why are you all talking about the DPS? He's a leaseholder.

- - - Updated - - -

There are a number of legal requirements that LL must satisfy before ground rent is due. Can you post a suitably redacted demand up, please.

- - - Updated - - -

My LL and the Agent have the same address in London

Who are they both?

- - - Updated - - -

CC I have read that it's the LL responsibility to send the bills out and they cannot demand more than 6 years I got that off the shelter website

Under section 19 of the Limitation Act 1980, no action can be brought to recover rent after 6 years. The time limit starts to run on the day that the rent arrears became due.

[ahflibra]

Re: Refusal of a SAR

Dan 1207 , I have never received a bill from my current LL just got a demand letter from solicitors and at the same time they approached my mortgage provider with the demand letter saying the LL was issuing a 146 forfeiture and if it went to court my costs would be £3000 and they would be showing the court the demand letter

The LL is Grays Inn Investment LTD of Kentish Town Road London

been in my property since 1985 paid the original LL £1.94 per year for ground rent was billed twice a year 1st June & 1st Dec the instructions of the lease

This LL took over in 2001 14 years ago but has never billed me but claims I have arrears of £26.87

[dan_1207]

Re: Refusal of a SAR

Can only go back 6 years from due date, but all they need is more than 3 years' worth to forfeit your lease, which they won't secure anyway because no court in their right mind would allow it.

I question whether using a s146 notice is proper as it's a rent arrears claim.

Post up the ground rent demands

[Sparkie1723]

Re: Refusal of a SAR

You could use the Strasburgh EU Court Ruling 2012 on the rights to Truth & Disclosure under the ECHR's.....that forced an EU government to disclose EVERTHING that did not threaten the Countries security......It over rides Legal privilege IMO..........You could try it no harm done.
But it has been said I talk rubbish
Sparkie

[ahflibra]

Re: Refusal of a SAR

Dan_1207

i dont know how to upload the demand

[stevemLS]

Re: Refusal of a SAR

You could use the Strasburgh EU Court Ruling 2012 on the rights to Truth & Disclosure under the ECHR's.....that forced an EU government to disclose EVERTHING that did not threaten the Countries security......It over rides Legal privilege IMO..........You could try it no harm done.
But it has been said I talk rubbish
Sparkie

Never heard of this, but legal professional privilege is still fiercely and rigorously upheld in the English Courts.

And the landlord is not an arm of the state although it is ironic that they appear to be associated with one of the Inns of Court.

[Sparkie1723]

Re: Refusal of a SAR

Never heard of this, but legal professional privilege is still fiercely and rigorously upheld in the English Courts.

And the landlord is not an arm of the state although it is ironic that they appear to be associated with one of the Inns of Court.

Hi Srephen,
It is my understanding that this ruling over comes everything legal privilege included this was ruled by 13 EU Judges.. December 2012
Sparkie

[stevemLS]

Re: Refusal of a SAR

This is not an action against the state. I am pretty certain there would have been more of a fuss about it if it did overcome legal privilege.

If this is the case you are talking about I can't see how it is relevant. http://ukhumanrightsblog.com/2012/12...-to-the-truth/

There is a solicitors discussion of the whole subject with a focus on competition law here http://www.addleshawgoddard.com/view...parent_id=5184