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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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Good Morning, I have a small commercial shop/office based

Customer Question

Good Morning,
I have a small commercial shop/office based in Brighton that is held on a lease, the property has a domestic use flat behind it and a 2 bed maisonette that sits above, the rear flat and maisoneete are owned by different people.
I purchased this small office ( that used to be a mini coach hire bookings) at auction approx ten years ago but have never been able to let it as double yellow line were intoduced by the council and it lies amidst a row of resedential properties.
I have also paid the small ground rent of £17.50 per 3 months without problem during this period to the last freeholder ( i was late once and i had to pay the solicitor who wrote to me a £50.00 sending letter charge ( which is fair and just as I was 6 months late due to being abroad).
However anew freeholder purchased this freehold just over a year ago and although the previous freeholder had informed me that that would be selling the freelhold and would no longer expect payment from me to them I heard nothing from the new freeholder until a letter arrived form a new solicitor belonging to the new freeholder which informed me that despite requests for payments ( of which I had received none) I now owed £54.00 and immediate payment was required ( they wrote to me by recoreded delivery which I believe is the correct and proper manner and the new freeholder should have done likewise).
I duly paid this amount by return and received a confirmation from them of payment, I explained with the payment that I had received no prior demands.
I was shocked when 2 weeks later I received a further demand for " help and information advice" that they had given to the new freeholder in order for hem to persue this debt and demanded £840.00 and informed me that if it was not paid in seven days they would gain access to the property and gain possession of the property as they have a right to do so, I refused point blank to pay these charges.
The property has a commercial mortgage charge on it from Nat West bank and I am the registered owner at Land Registry, also after checking at land registry on the property tiltle I have found that the new freelholder also owns the rear flat that ajoins my small office that sits in front of it, and as a point of note I have also had a personal FOR SALE notice for the last 5 years displayed in the window of the office for all clearly to see and it has my owm persoal contact number on it and the freeholder has never called me once.
How do I stand on this please, who can I complain to? Do they have these rights?
Yours ,
Ian Palmer
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello, i am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you just tell me how is their solicitor justifying these charges?

JACUSTOMER-t2wda0hf- :

They are stating that it is for information for forfetiure and proffesional fees, they say that they have the right to charge this under clause 3di of the lease. and that grount rent is due in any event and the freeholder in law does not have to produe evidence that they have sent invoices for payment

JACUSTOMER-t2wda0hf- :

Thanks

LondonlawyerJ :

What doe this clause say?

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