How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

I have been asked by the freeholders to pay an additional amount

Customer Question

I have been asked by the freeholders to pay an additional amount of ground rent for my flat in Wallington SM6 8ED. Although I have paid the ground rent for this year on 12 March 2014 by cheque for the year starting 01 April 2014 to 31 March 2015. The freeholders insist that I must may the pay the additional increased amount for the current year the reason being that the rent review was delayed and they were unable to request their higher amount when they sent me the demand in March 2014. I have argued my case with the freeholders that since the new increased rent was late so it should be effective when the next rent demand will be due on 01 April 2015. The freeholders keep quoting passages from the lease terms and conditions. I have no copy of their lease although I have made three requests in writing with letters dated 13/10/08, 09/07/12 and 10/04/11. Their response is that they have no record of these letters and I would have to pay £120 for a copy of the lease. As a pensioner your advise will very much appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It is very unusual that you do not have a copy of the Lease as this should have been provided to you when you purchased the leasehold flat.

Be that as it may, a charge of 120 pounds is unreasonable and you should ask them for a copy of the lease in your name under your rights to a subject access request the Data Protection Act. The highest amount they can charge is 10 pounds for a copy of the lease under the Data Protection Act, see here:

http://ico.org.uk/for_the_public/personal_information

Once you receive a copy of the lease, you may check whether or not they have the power to increase the rent midway through a rent year even though you have already paid rent as demanded for the year in question.

May I help further?









UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your answer to may question. I am going to contact the freeholders and get a copy of the lease. Can I still come back once I receive a response from the other party without incurring further charges. Many thanks

Expert:  UKSolicitorJA replied 3 years ago.
Yes, you may come back. Please ask for UKSolicitorJA only to answer you
Customer: replied 3 years ago.

2 attachments (total 295.8 KB)





This question is for UKSolicitorJA

I attached two scanned documents (my e-mail of 13 July 2014 and reply from AssetManagement dated 15 July 2014) these refer to Flat 33, SM6 8ED.

Please let me have your comments.

Kind regards

Mohamed


Expert:  UKSolicitorJA replied 3 years ago.
I will revert later today or tomorrow.
Customer: replied 3 years ago.

I am still waiting to hear from you.


Kind regards


Mohamed

Expert:  UKSolicitorJA replied 3 years ago.
Sorry, I have been unable to access the files you had uploaded.

Please could you copy and paste the relevant wording here.
Customer: replied 3 years ago.

As per your request the following relevant wordings of uploaded documents are:


 


1st Document is an e-mail dated 13/07/2014 from myself to *****@******.***


Hi John,


In reply to your e-mail of 10 July 2014 please see attached scanned copies of my three letters


13/10/2008, 10/4/2011 and 09/07/2012, regarding my request for a copy of your lease.


I, as I am sure you are, am eager to solve this matter swiftly and courteously. However, denying


me my right to a copy of your lease terms and conditions does not help solve matters. Under


the Data of Protection Act the maximum charge for a copy of lease should be no more than


£10.00, not your suggested charge of £120.00 for a copy of this document. Please let me have a


copy of the April 1994 lease terms and conditions, either in the name of late Ms S. Shariff or in


my name as appointed executor of the estate. This will help me find out more about your


"within this time frame" claim, so that I can better understand your midway demand for


increased rental payment by 31 July 2014.


Regards


M Shariff


 


The second document is e-mail from Asset Management quoting:


organizations hold about them.


The lease relates to the property and as such would not be covered under the above provisions,


therefore as previously advised if you wish to obtain a copy of the lease from us there is a charge of


£120 or alternatively, you can seek to obtain a copy from the solicitors who acted in the purchase of


the property or from the Land Registry.


We would also advise that the information which you seek is stated within Legislation governing the


area.


For reference, Section 19 of the Limitation Act 1980 states:


19 Time limit for actions to recover rent.


No action shall be brought, or distress made, to recover arrears of rent, or damages in respect of arrears of rent,


after the expiration of six years from the date on which the arrears became due.


Please note from my e-mail of 13/07/2014 (mentioned above) I requested for April 1994 terms and conditions either in the name of my late daughter Miss S Shariff or in my name as executor of her estate. What I am interested in is that is this midway demand "within the time frame" still valid after more than three months of actual due date of 01/04/2014. The deadline for additional rent payment is 31/07/2014. Many thanks and kind regards - Mohamed


 


 

Customer: replied 3 years ago.

As per your request the following relevant wordings of uploaded documents are:


 


1st Document is an e-mail dated 13/07/2014 from myself to *****@******.***


Hi John,


In reply to your e-mail of 10 July 2014 please see attached scanned copies of my three letters


13/10/2008, 10/4/2011 and 09/07/2012, regarding my request for a copy of your lease.


I, as I am sure you are, am eager to solve this matter swiftly and courteously. However, denying


me my right to a copy of your lease terms and conditions does not help solve matters. Under


the Data of Protection Act the maximum charge for a copy of lease should be no more than


£10.00, not your suggested charge of £120.00 for a copy of this document. Please let me have a


copy of the April 1994 lease terms and conditions, either in the name of late Ms S. Shariff or in


my name as appointed executor of the estate. This will help me find out more about your


"within this time frame" claim, so that I can better understand your midway demand for


increased rental payment by 31 July 2014.


Regards


M Shariff


 


The second document is e-mail from Asset Management quoting:


organizations hold about them.


The lease relates to the property and as such would not be covered under the above provisions,


therefore as previously advised if you wish to obtain a copy of the lease from us there is a charge of


£120 or alternatively, you can seek to obtain a copy from the solicitors who acted in the purchase of


the property or from the Land Registry.


We would also advise that the information which you seek is stated within Legislation governing the


area.


For reference, Section 19 of the Limitation Act 1980 states:


19 Time limit for actions to recover rent.


No action shall be brought, or distress made, to recover arrears of rent, or damages in respect of arrears of rent,


after the expiration of six years from the date on which the arrears became due.


Please note from my e-mail of 13/07/2014 (mentioned above) I requested for April 1994 terms and conditions either in the name of my late daughter Miss S Shariff or in my name as executor of her estate. What I am interested in is that is this midway demand "within the time frame" still valid after more than three months of actual due date of 01/04/2014. The deadline for additional rent payment is 31/07/2014. Many thanks and kind regards - Mohamed


 

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

The lease contains personal information of the leaseholder and as such is covered by the Data Protection Act.

You may complain to the ICO about failure to give you the copy of the lease as per your subject access request

http://ico.org.uk/concerns/getting

Secondly, the burden of proof is on them to show that they are permitted to increase the rent midway through the year, so you may inform them that you are disputing the rent increase and ask them for the specific wording provisions in the lease which they are relying upon to increase the rent this mid way through the year.

Hope this helps
Customer: replied 3 years ago.

Thank you for your reply advising me to contact ICO. I have decided to no longer pursue my complaint as it is getting far too technical. For peace of mind I would rather pay the additional ground rent of £121.14 and close the matter. Many thanks for your assistance. Kind regards - Mohamed

Expert:  UKSolicitorJA replied 3 years ago.
Welcome.