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Problems with negligent owner of upstairs property
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Chipcity


Posts: 42
Joined: Nov 2012
Post: #1
21-08-2014 05:45 PM

Hi,

You are correct that you do not have to pay the ground rent until you receive a valid demand and I believe that the relevant statutory limitation period is six years for ground rent - although do not quote me on that.

If you do receive a demand you could then check the address at the Land Registry to ascertain whether it is also owned by the freeholder. In any event, you will entitled to serve proceedings using the address stated in the statutory rent demand notice so you will have made some progress and you can use this address for a Tribunal application regarding any breach of repairing obligations and the small claims court for the alleged £500.

You could remind your freeholder that on receipt of a valid demand that such sums will be paid in the hope that you receive a valid address. There is of course the practical issue of how you reach your freeholder.

There are a number of search agencies that for a relatively small fee will attempt to locate an address and I have successfully used them in the past for absentee landlord claims. I will try and locate the company that previously used although it was a number of years ago and a google search may be more effective.

Do you have any written evidence of the agreement to reimburse to you the £500 excess although given the limited risk of costs in the small claims court it may, even if not, be worth pursuing it as you may get a default in judgement and your freeholder will be at risk of a CCJ.

There is some merit in not pursuing matters through the courts as in particular, such matters will have to be disclosed on a sale. However, the situation may have reached a stage whereas you believe that you have no option than to try and rectify the situation going forward.

I have made the assumption that there are only two flats in the building and if so, unfortunately a Right to Manage claim is not possible in these circumstances.

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RE: Problems with negligent owner of upstairs property - Chipcity - 21-08-2014 05:45 PM