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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Hi. My girlfirend and her husband (they are sperated) own a

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Hi. My girlfirend and her husband (they are sperated) own a flat together. He lives there and continues to pay the joint mortgage whilst she rents somewhere else with her kids. She has been contacted by the freeholders of the mortgaged flat who say the husband has not been paying the ground rent (about £30 a year since 2012) and now £1500 is owing including costs and it has to be paid otherwise they are going to take the flat. I asked her to ask them why she has only just been told when the flat is under both their names because I think they should have told her before all the extra costs were added on so she could have paid it. They said 'oh we can only do so much'. Where does she stand as I don't think she should have to pay all these extra costs. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,I am afraid if she owns the property jointly with her husband then the freeholder may come after either her and/or her husband for the ground rent.However if the ground rent is only 30 pounds per annum and not paid since 2012, I do not see how 1500 pounds is owing and she should ask for a full breakdown of the costs.She doesn't have to pay the money but it means the freeholder may repossess the property as threatened although they would need to go to court for an order unless the property is not occupied and unfurnished Hope this helps
Customer: replied 3 years ago.

Hi (UKSolicitorJA only) Thanks for your answer. I just want to explain that she has no problem with paying ground rent. The freeholder has both of their numbers but has only now informed my girlfriend (after the husband has been ignoring them for nearly 2 years) that they both owe all this extra money due to him ignoring them. They are citing court fees, n379 application, legal administration, land registry fee, £128.60 interest charge and another £96.99 interest charge. I assume some of these charges have been incured by the lack of response from the husband but if they had contacted her in the first place rather than waiting all this time it wouldn't have happened. So are you saying she is still just as liable regardless (assuming she doesn't want the house repossessed)?

Expert:  Nicola-mod replied 3 years ago.

I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.
Please cancel the question thanks Nicola