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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a rental property I pay the ground rent I had

Resolved Question:

I own a rental property for which I pay the ground rent I had not received a bill and had missed that fact it was due and had not been paid. I emailed them to asked why I had not had a bill and got a reply from a solicitor !! I realised that the ground rent agents had put my case into the hands of a solicitors. Up to end of the year I owe 2 years of rent at £150 per year but the have added so many charges they are now asking for £870. I contacted the solicitors to ask for copy letters as I had given them my home address as I do not live at this property. I also asked my rental agents to ask the tenant if I had got any letters. I was told no and if any came without any name or for previous tenants they were always sent back to sender. I noticed from the copy letters that they claim to have sent and my name does not appear at all. Can I fight these charges ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have they given a breakdown of charges please?
Customer: replied 2 years ago.
Yes they have
1/1/14-31/12/14 ground rent 150.00
Interest. 9.60
19/3/14 admin arrears 36.00
20/5/14 admin Name issue charge 60.00
13/7/14. NBA charge. 60.00
1/1/15 - 31/12/15. Ground rent. 150.00
Interest 2.85
5/5/15. Arrears charge 180.00
Legal fee. 185.00
Vat 37.00
They have a name issue yet my name has not been put on the letters
My agent will write to say no letters have come to the flat
Thanks
Expert:  Ash replied 2 years ago.
Does the agreement allow them to charge an arrears fee?
Customer: replied 2 years ago.

I have looked through my papers and can not trace an agreement contract given to me via solicitors when I bought the property at auction

Fact of matter still remains its my word against them with these letters

but my agent has confirmed the tenant has confirmed no letters have been sent

Plus they did have my new address - yet say they don't

what can I do ??

Expert:  Ash replied 2 years ago.
Indeed. You can pay the arrears but not the solicitor costs or charges and say you will dispute those. They can only then take you to court in the small claims, for the sum given it is below £10,000
If it went to court they would have to show they sent the bills etc. you would give evidence to say they didn't send it to your address and your tenant would give evidence to say they didn't get any.
I think their claim would fail. Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex