I’ve just noticed that the Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011 (see here: http://www.info4local.gov.uk/documents/publications/1905195). The change is in para. 3 of the Notes for Leaseholders.
It used to read:
“Section 167 of the Commonhold and Leasehold Reform Act 2002 and regulations made under it prevent your landlord from forfeiting your lease for non-payment of rent, service charges or administration charges (or a combination of them) if the amount owed is £350 or less, or none of the unpaid amount has been outstanding for more than three years.”
It has been changed to read:
“Section 167 of the Commonhold and Leasehold Reform and regulations made under it prevent your landlord from forfeiting your lease for non-payment of rent, service charges or administration charges (or a combination of them) unless the unpaid amount is more than £350 or consists of, or includes an amount that has been outstanding for more than three years.” (my underlining).
This is only in England, there doesn’t seem to have been a change in Wales.
So if the wording on a demand is not correct (ie as the new one) can a lessee not pay?
Well, it’s more that, by s.166, 2002 Act, the tenant “is not liable to make a payment of rent” until the correct information is provided. He could, I suppose, always chose to make a payment anyway
What I meant was this could be another reason NOT to pay (or at least put things off a few weeks)
Yes – the tenant “is not liable to pay” until the information is provided, so it seems to me that he’s entitled to require the info to be served before he pays.