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.
Have you spoken to your old Solicitors at all?
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
Can you please treat as urgent
Of course, but it may show me in/out of chat.
You should do the following:
1) Speak to your old Solicitor, they may have a copy
2) Speak to the lender, they may have a copy
3) Speak your Landlord, they may have a copy
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.
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
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
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?
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?
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:
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
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.
Can I clarify anything about this for you today please?
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
Did you mean to type more?
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.
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
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.
Any cause for concern?
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:
May I invite you to rate my service, this way I am credited for my time spent today, thank you.