I read with interest about landlords being able to claim six years’ worth of ground rent providing they complete the appropriate demand form.
Now my freeholder has done just that. Are they in breach of the rules as they haven’t been sending annual invoices? Or can they simply bill six years in one go if they fill in the correct form?
KH, London
It depends on the terms on your lease which probably sets out the dates on which the ground rent becomes payable. According to Liberty Chappel, real estate dispute resolution solicitor at Pemberton Greenish, a landlord’s entitlement to rent is covered by the Limitation Act 1980, which states the limitation period for recovery of ground rent is six years – that is, they can claim payment at any time within six years, unlike service charges which must be demanded within 18 months of costs being incurred.
Unfortunately, failure to issue annual bills does not entitle you to withhold payment, although you could request an affordable payment plan.
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