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I have recently discovered that my landlord, a housing association has been taking ground rent from me for about 16 to 17 years without advising of this. It has been taken via the annual service charges, paid monthly with a balancing debt or surplus payable at the end of the year.
Ground rent was not budgeted for or listed in the charges paperwork received every year and then doesn't appear in the breakdown of charges/balance sheet/the audited accounts provided by letter annually. It seems they have put ground rent within 'external managing agents fees' which it was not. As ground rent is quite seperate to service charges in law. Because it has not been listed or mentioned I was unaware it was being collected.
Unfortunately, the solicitor on purchase wrongly advised that
ground rent was not liable as only 50% shared ownership purchase. The lease on checking does mention ground rent. I still have the formal letter but any action against the solicitor is timed out as time barred in law. i did try a complaint in which was not upheld.
no ground rent demands have ever been sent to me since 2008 so I was unaware I had been paying £250 per year. I think they get the ground rent demands then charge me for it/pass the amount on...
I have been also paying a 'management fee' to the housing association of approx £100-150 per year for them (£2000+) to send audited accounts and balance sheets etc. Despite most of the accounting work and bills for my block being done by the management company who I also pay for via the service charges.
I have complained and they say they do not need to send sec 166 ground rent demands CLRA 2002 as it is in the underlease. They will not refund any management fees for the inaccurate accounts/lack of clarity.
I am seeking to refund the money taken without receipt or advice and without ground rent demands being sent, which apparently are neede to make GR payable lawfuly? I think it is County Court
They will argue the service charges are accurate. Ground rent will be listed in their system but not on what was sent out to tenants. I hope to argue the service charge demand received was for service charges and not ground rent, so they must be inaccurate, as ground rent has not been listed.
I agree I'm liable to pay ground rent but unhappy it has been taken for so long without being advised or accounted for.
How would I try to show the service charge demands and accounts were wrong?
How can I get round this? has anyone experienced this before.
is there any law on collecting money/payments without advise
Thank you in anticipation.
Ground rent was not budgeted for or listed in the charges paperwork received every year and then doesn't appear in the breakdown of charges/balance sheet/the audited accounts provided by letter annually. It seems they have put ground rent within 'external managing agents fees' which it was not. As ground rent is quite seperate to service charges in law. Because it has not been listed or mentioned I was unaware it was being collected.
Unfortunately, the solicitor on purchase wrongly advised that
ground rent was not liable as only 50% shared ownership purchase. The lease on checking does mention ground rent. I still have the formal letter but any action against the solicitor is timed out as time barred in law. i did try a complaint in which was not upheld.
no ground rent demands have ever been sent to me since 2008 so I was unaware I had been paying £250 per year. I think they get the ground rent demands then charge me for it/pass the amount on...
I have been also paying a 'management fee' to the housing association of approx £100-150 per year for them (£2000+) to send audited accounts and balance sheets etc. Despite most of the accounting work and bills for my block being done by the management company who I also pay for via the service charges.
I have complained and they say they do not need to send sec 166 ground rent demands CLRA 2002 as it is in the underlease. They will not refund any management fees for the inaccurate accounts/lack of clarity.
I am seeking to refund the money taken without receipt or advice and without ground rent demands being sent, which apparently are neede to make GR payable lawfuly? I think it is County Court
They will argue the service charges are accurate. Ground rent will be listed in their system but not on what was sent out to tenants. I hope to argue the service charge demand received was for service charges and not ground rent, so they must be inaccurate, as ground rent has not been listed.
I agree I'm liable to pay ground rent but unhappy it has been taken for so long without being advised or accounted for.
How would I try to show the service charge demands and accounts were wrong?
How can I get round this? has anyone experienced this before.
is there any law on collecting money/payments without advise
Thank you in anticipation.
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