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Nicola-mod
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Category: Law
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We have been our existing property for 25 years and are in

Customer Question

We have been our existing property for 25 years and are in the process of remortgaging to a cheaper lender

We have been asked to supply a copy of our lease as its a leasehold property and to confirm payments up to date

2 issues

1). We have been unable to locate a copy of our lease. Where would I obtain a copy(our existing lender? / the solicitor who did the conveyancing
2) we realise going through our papers that we have not been charged the ground rent and we cannot ascertain when we were last charged

Feeling very anxious and concerned

Cn you please advise urgently of our position


Thank you


David Stead
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

Alex Watts :

Have you spoken to your old Solicitors at all?

JACUSTOMER-7wx9wd1o- :

Hi Alex

Alex Watts :

Hello David

JACUSTOMER-7wx9wd1o- :

many thanks for your quick response. No, we have only received a questionnaire from our 'new Lender' today and our existing solicitor is on voicemail, I don't think there will be anyone around until Monday and we have just panicked over the situation

JACUSTOMER-7wx9wd1o- :

Can you please treat as urgent

Alex Watts :

Of course, but it may show me in/out of chat.

Alex Watts :

You should do the following:

Alex Watts :

1) Speak to your old Solicitor, they may have a copy

Alex Watts :

2) Speak to the lender, they may have a copy

Alex Watts :

3) Speak your Landlord, they may have a copy

Alex Watts :

As for ground rent, if you speak to the Landlord you can ask for a statement of account too. This will show if you do owe anything to do with the property.

Alex Watts :

However in terms of a lease, if you have not paid they can only go back 6 years, or 12 years if signed under a deed under the Limitation Act 1980

JACUSTOMER-7wx9wd1o- :

Yes I can try our existing solicitor and lender but not worried about getting a copy. My fear is what our position with the Landlord is if there are arrears

Alex Watts :

If there are arrears you would need to pay them off. Normally ground rent is demanded yearly by way of invoice. Do you know how many years you have not paid for?

JACUSTOMER-7wx9wd1o- :

is it theLandlords responsibility to bill us ( which he hasn't) and where does leave us, is it just a question of paying the arrears And how would our new lender view this?

Alex Watts :

You are not legally liable to pay the ground rent unless the freeholder has formally demanded it. The demand will normally be posted or delivered to you at the address of the house or flat, unless you have already asked the freeholder to send ground rent demands to an alternative address.

The demand must be written and must include certain information to be valid:

  • your name
  • the period that the demand covers
  • how much you have to pay
  • the name and address of the freeholder (and, if you are to make payments to a managing agent, their name and address)
  • the date on which ground rent is due (or, if the demand is sent after the due date that's specified in your lease, the date on which you should have paid it).
Alex Watts :

If this has not been done then you are not liable to pay it. But in any event if it has been properly demanded and you have not paid, you can simply just make payment of the arrears. Normally any arrears would need to be discharged before a remortgage went through

Alex Watts :

Under the Limitation Act 1980 the limitation period for recovery of ground rent is 6 years. This means that your landlord can only seek to recover ground rent going back 6 years.

Alex Watts :

Can I clarify anything about this for you today please?

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-7wx9wd1o- :

P

Alex Watts :

Oops!

Alex Watts :

Did you mean to type more?

Alex Watts :

If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.

JACUSTOMER-7wx9wd1o- :

Hi Alex

JACUSTOMER-7wx9wd1o- :

sorry, I keep on pressing return. How do I find out who the Landlord is. Is there any way I can investigate on line over the weekend. My wife is concerned whether the landlord can lay claim to the house. I presume not as long as we pay ny arrears but its just to out my wife's mind at ease

Alex Watts :

The Landlord should be named on your deeds for the leasehold. It will say their name and address. In any event your lender and old Solicitors should have a copy.

JACUSTOMER-7wx9wd1o- :

Any cause for concern?

Alex Watts :

No I do not think so. You may even be able to get a copy of the deeds yourself online for a small fee at:

Alex Watts :

May I invite you to rate my service, this way I am credited for my time spent today, thank you.

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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