Ground Rent – Frequently Asked Questions
I have already paid these charges, what should I do?
Please provide us with evidence of your payment within the timescale specified on the letter. Please do not ignore this correspondence.
I have already contacted the client previously disputing the amount outstanding, but they have not responded to me.
Our clients endeavour to respond to all relevant disputes or queries, prior to referral to ourselves. It is in their interest for the ground rent to be paid as quickly impossible. Any legitimate query would be responded to.
I have not received an invoice for these charges.
The invoice(s) and reminder letter(s) were either emailed to your nominated email address or sent to the postal address held by your managing agent. It is your obligation to notify the agent of any changes in correspondence address and as such you are deemed to have received these documents even if you say you have not seen them.
I have not received reminders.
Our client is not obligated to send reminders and do so in an attempt to resolve the position before referring the matter over to solicitors.
Can I pay by instalments?
Payment by instalments in not permitted under the terms of your lease but may be considered in exceptional circumstances.
I am in financial hardship and cannot pay the full amount, what options are available to me?
If you have a mortgage, we may in certain circumstances, contact your mortgage company and request that it pays on your behalf (they will then recover the funds from you via your mortgage payments). This process can be expedited and potentially reduce costs to you if you give your consent to us approaching them. Please note that many mortgage companies require a County Court Judgment (CCJ) before agreeing to pay which will incur further costs to you but these may also be added to your mortgage.
I am in financial hardship and do not have a mortgage, what can I do?
Payment must either be arranged from another source, or you must provide evidence of your financial difficulties to us and propose a plan for making payment. Please note that our client is not obliged to accept payment arrangements outside of those detailed in the lease and an additional charge will be applied. Any proposal must settle all outstanding sums before the next ground rent becomes due.
I dispute all or part of the amount outstanding, who should I contact?
You must contact us by e-mail within the timescale specified on the attached letter. Please clearly set out your reasons for dispute, providing as much detail as possible and referring to any covenants or provisions in the lease which you believe to be applicable. Please ensure that all correspondence regarding this matter is directed to our firm until further notice. Should you attempt to make direct contact with our client or their agent whilst we are instructed, they will direct you back to our firm.
What happens if I ignore this letter?
Failure to settle the sums due may lead to Court Proceedings being issued against you and any subsequent Judgment obtained being enforced. Such action will significantly increase the costs you will be required to pay.
I do not have a copy of my lease, where can I get this?
A copy of your lease can be obtained at https://www.gov.uk/search-property-information-land-registry
Can you supply a copy of the Lease?
No, a copy of your lease can be obtained via the link on the previous page, or from your conveyancer.
The lease to the property is not in my name nor signed by me. Please provide the correct lease.
The Lease for the property details only the original Freeholder, any Management Company and the original lessee at first purchase. Unless the Lease is extended, any subsequent lessees will not be named on the Lease. At the time of purchase, your conveyancer will have prepared a Transfer Deed for you to sign, which formally transferred the lease into your name.
Why do I need to pay the administration charges and legal costs?
Administration Charges, (which include our client’s legal costs), are payable when any Ground Rent due under a lease is not paid within the specified period. Such charges are regulated by Schedule 11 of the Commonhold and Leasehold Reform Act 2002.
Are the administration charges and legal costs reasonable?
Both are considered reasonable and align with accepted industry standards for the work carried out by our client and our firm.
I am trying to settle this directly with the Landlord.
Once a matter has been referred to us, the Landlord will no longer correspond with you about the outstanding arrears, as their credit control process has been completed and solicitors instructed. All payments must be made directly to us, and upon receipt we will confirm settlement to our client.
