Ground Rent

General Discussion

Dear all,

I recently aquired a freehold property that contains 4 flats which are all on long leasehold. I also own one of the flats.

As part of taking over the freehold, I created a newco to manage the block's reserve fund / affairs etc.  The newco now owns the freehold via the TR1 form.

The previous freeholder has never collected the £50 per annum ground rent from any of the 4 leaseholders (including me).

I itend to start collecting the ground rent from this year (including from myself - the flat that I own is held by my other property limited company).

My question is as follows;

1. I will send the proper service charge demand to the leaseholders, I am sure they will kick-back as they have never paid it previously.  As I understand it from their lease , they are obliged to pay it, regardless that the former freeholder failed to collect it.  Is this correct ?

2. I believe that technically, I could charge upto the previous 6 years of unpaid service charge from the leaseholders.  Is that correct ? 

3. Is it detriment to the lease if the leaseholders failed to pay their service charge ? 

Note :   At this stage, I am not planning to demand the previously uncollected service charge unless it is detrimental to the freeholders interest  in terms of the lease being impacted.  

Any knowledge of this would be immensly appreciated.

Thanks.

Alex