Any Legal Eagles here, Rented Property, Ground rent problem.

PhilTheFragger

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We Bought 4 buy to let properties about 7 years ago and they are doing OK.

One property in Nantwich (we live 150 miles away) we never had a Ground Rent Demand for so assumed it was being collected via the service charges.
The original Landlord sold his interest a couple of years ago and the new landlord inherited an outstanding debt of £530 (5 years @£106 PA) , Turns out correspondence was being sent to the flat and not being passed on to us or the letting agents.

New landlord traced us through the land registry and sent a letter to our mortgage company, who in turn contacted us

As soon as we found out about this we paid all the ground rent up to date, but I am refusing to pay the £250 in late payment charges that they have lumped on, on the basis that I have acted in good faith, paid what was owing as soon as we knew, its not my fault that post was never redirected, The charges are excessive and bear no relationship to the cost of tracing us (£4 for land registry office copies and a letter to the mortgage company).

The fault lies with the solicitor who handled the purchase who obviously never passed our details onto the original landlord, needless to say, the solicitor firm is now defunct.

They are now talking about legal action, its a matter of principal

Any idea where I stand?

Fragger
 

daymond

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I think I am right but just because they are defunct does not mean you have no redress against them individually as they would have had insurance, required by the law society.
Architects and chartered surveyors have to have insurance to cover claims even after they have ceased practicing.
 

PhilTheFragger

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I'm sure that they would have had a professional indemnity policy, but I'm also sure that their responsibility is limited to the old landlord. The new landlord has inherited the problem, why the original landlord made no effort to trace us is puzzling

The charges are just late payment fees they have added on whenever they wrote another undelivered letter, there is another £35 due soon , worse than the banks for charges

Fragger
 
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