We are employed by your Landlord to act as its agent. This means that we are unable to act for you at the same time although through our experience and expertise we would hope we could point you in the right direction if you need assistance.
Our main function is to collect ground rent and insurance premiums as may be required by your Lease
A Lease is a contract between the Leaseholder (you) and the Landlord. It sets out the contractual obligations of the two parties the Leaseholder and the Landlord.
The wording of Leases usually is in complex legal language and can vary from property to property. Leaseholders who find it difficult to understand their Lease should get advice from a solicitor and insist that they provide a report on its terms when instructed to deal with the purchase.
It is difficult to change the terms of the Lease after you buy, so make sure that the obligations and responsibilities in the Lease are those that you want or can accept. The payment of Ground Rent is an example of such an obligation
A Leaseholder is someone who owns a property on a Lease. You have bought the right to own the property for a fixed number of years (as stated in the Lease) and under certain terms and conditions (again stated in the Lease).
A Leaseholder is also called a tenant, but this should not be confused with short term agreements. It is essential to be familiar and understand the terms of your Lease because this sets out your rights and obligations
The Landlord owns a superior interest in the property to the Leaseholder. Often but not always the freehold interest. Landlords are our client.
A person who owns the freehold interest in a property may grant a Lease on it to another person. This creates a relationship of Landlord and Leaseholder (or Landlord and Tenant or Lessor and Lessee). The Lease will be a lengthy, written, legal document based on property and contractual law which sets out the rights and obligations of both the Landlord (Lessor) and Leaseholder (Tenant).
Although the Lease on any property will be a complex document, the basic principle is that it will give the Leaseholder (Tenant) the right to occupy the property for the period specified in the Lease. The Lease will specify the obligations and conditions of this occupation.
The biggest difference between a Leasehold and freehold is that the Leasehold is temporary whereas a freehold is permanent
It is a payment made by the Leaseholder to the Landlord under the terms of the Lease. A Lease is a contract and so it is subject to a payment, called “ground rent”. It is an income for the Landlord rather than a payment for the provision of services.
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The tenant reference number is the sequence of letters and numbers assigned to each property and can be found at the top right of our correspondence, labelled “Tenant Ref.” For an example, please click here. The tenant reference needs to be quoted in any communications with E & J Estates
If you are not happy in your dealings with us, please contact us and request our complaints procedure and form.
We can write to you at any correspondence address you wish but for us to update this all address changes are required in writing.
You can notify us of the change of address by contacting the General Enquiries Team.
The transfer of Leaseholder details can often be a lengthy and complex process. The solicitors acting in the sale are required to serve legal notice upon us within 4 weeks of the transfer. We may not have received this notice. In order to begin our process of updating our details please contact the Leasehold Transfer Team
We would appreciate it if you could pass our correspondence to the property owner or your letting agent to pass on.
If you instructed a solicitor to act on your behalf in the purchase, we would advise you contact them. Your solicitor should have confirmed that all arrears were discharged in full before completion of your purchase took place.
please notify us of the sale by contacting the Leasehold Transfer Team. please also note that Ground Rent, Insurance and Service Charge must be paid in accordance with the Lease. If you are selling your property and any of these is due to be paid, you are still responsible for payment. Once the property is sold, your solicitors should ensure that you recoup an apportionment of the monies paid from the purchaser.
If you are looking to sell your Leasehold property, there are requirements within your Lease which must be followed when doing so.
Generally the Solicitor acting for you will approach us and/or the Managing Agents for a Leasehold Enquiry pack. Within this will be details on all these requirements. We can also provide a Ground Rent statement which Solicitors will require to calculate apportionments.
Leases are prepared in duplicate. One is held by the Leaseholder and one is held by the Landlord. You should be able to obtain a copy of your Lease from the solicitors who acted for you when you purchased the property. It may be the quickest and cheapest option for you to obtain your Lease from the Land Registry.
If all else fails we may be able to provide you with a copy from the Landlord’s archived storage held by specialist contractors offsite.
If we are able to retrieve your Lease, we can provide a copy or scan and email it to you upon payment of our charges of £100 plus VAT. please note that this may take 10-14 working days. To request a copy please contact the Legal Team.
Yes. As responsible agents for the Freeholder we securely record relevant information of who resides in the property for a number of purposes, these include being able to quickly and accurately inform emergency service providers in the event of a serious event and ensuring the right level of buildings insurance cover is in place for the relevant occupancy rates.
Your Lease may contractually require you to inform or seek consent from the Freeholder however we urge you to inform us if you let your property regardless in order for us to continue carrying out responsible management.
We do not share personal information other than with the appointed managing agent for your property unless an authority (e.g. local authority; police; fire brigade; etc) with the relevant powers requires us to do so.
The percentage of apartments sublet within buildings impacts on insurance risk and whether an HMO licence is required, dependent on the local authority. We therefore may share aggregated data with insurers and local authorities as required.
Your Lease will govern whether letting your property is prohibited all together, whether the Freeholders consent is required or whether you are required to formally serve notice on the Freeholder that you have let your property. If you are unsure please contact our Subletting Team via our online form who will be able to assist you further.
Where consent is required we may perform checks with the managing agent of the property to ensure that consent can reasonably be granted.
Where your Lease requires the Freeholder to grant consent or provide formal receipt of a notice(or both) there may be charges payable. Your Lease may state the charges payable, however, typical charges are £55 plus VAT per tenancy agreement for the provision of a consent and £80 plus VAT for the receipt of a notice.
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We strongly suggest that you take independent legal advice. Non-payment can lead to forfeiture of your Lease and repossession of your property.
Ground Rent can be fixed or escalating. If it is fixed it means it remains unchanged throughout the life of the Lease. Escalating (increasing) Ground Rents will increase during the life of the Lease. The Lease will specify when the Ground Rent increases and by how much.
The accounts team will be able to let you know if we have received your payment. please contact the Accounts Team.
please contact the Accounts Team detailing why you consider you don’t owe what we are asking you to pay.
The Ground Rent is due at the dates specified in your Lease.
The date of when Ground Rent payments are due are outlined in your Lease.
At the present time we do not have the facility to accept direct debit payments. Instead you can request a standing order mandate or set up a regular online payment through your Bank account.
We are able to issue Standing Order Mandates
please note that mandates will only be issued if your account is clear at the time of the request.
To request a standing order mandate please contact the Accounts Team.
The confusion between standing orders and direct debits is long running and completely understandable. Both are instructions to your bank to make payments, usually on a regular basis, to a third party. The difference is subtle but important.
A standing order is an instruction you give to your bank to pay a fixed amount to someone else on a regular basis. You can set up, amend and cancel standing orders. A direct debit gives someone else, usually a company, permission to take funds from your account in agreed amounts and at agreed interval.
Receipts will only be issued for cheque payments should a stamped addressed envelope (SAE) be enclosed. Should payment be made by debit or credit card a receipt will be issued by post or email if requested. Due to the vast amount of online payments and standing orders received, we are unable to issue a receipt for such payments.
We are unable to accept payment of an outstanding balance by on-going instalments, ground rent is payable in full on or before the due dates set in your Lease which is a legal document that you have entered into on purchasing your property.
Payment should be made in full at all times. If a part payment is received the amount will be applied to your account however should the remaining balance not be settled on or before the due date, your account will enter the late payment process
For the different payment options to pay the Ground Rent please click here
If a payment has been made in error, please contact the Accounts Team
Our client's title to the property in question is registered at Land Registry and all relating entitlements in respect to the Landlord are detailed in your Lease
A statement of account provides you with information regarding your account between a set a period of time. Whereas an invoice requires you to pay the amount it outlines. It is possible that the statement amount is not the amount currently owed. It is also possible that the amount owing on the invoice may not be the balance outstanding on your account. For example, if interest has been applied under the terms of your Lease . For this reason it is a wise policy to make payments within the time frame designated by the invoice.
It is important that you make payment in accordance with your Lease.
We will send an invoice 30-60 days before the due date stipulated in your Lease.
Payment must be made on or before this date.
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As a courtesy we will send you an ‘Action Required’ letter reminding you that the account is overdue. This will advise the date to make payment to avoid a late payment charge being added to your account.
Should the account remain unpaid any further letters requesting payment will incur a fee.
A further letter ‘Urgent Action Required’ will be sent after the expiry of the date quoted in our Action Required letter. It confirms that the late payment fee has been applied. The letter also advises that we will instruct our Client’s Solicitors to collect the overdue amount if not paid within 7 days.
A final letter ‘Advice of Referral’ confirms that the account has been passed to our Clients Solicitors, the fee incurred and explains what to do next.
Once our Clients Solicitors have been instructed any queries or payments should be directed to them.
It is your responsibility to ensure that the correspondence details that we have on record are kept up to date. Should you not advise us of any changes this may result in a delay in invoices being received and costs may be incurred.
We send all correspondence to the address provided. Legally it is the Leaseholder’s responsibility to ensure that the correspondence details that we have on record are kept up to date. Should you not advise us of any changes, this may result in a delay in invoices being received by yourself and further costs being incurred.
If the details on record are correct and you did not receive our invoice, we suggest you to take this up with the Royal Mail.
Sections 166(5) and 166(6) of the Commonhold and Leasehold Reform Act 2002 requires us to address all correspondence to the Leaseholder at the property unless the Leaseholder has notified the Landlord in writing of a different address in England and Wales at which he wishes to be given notices including payment demands.
We regret that unless there is proof that you have advised us in writing of a change of address, all ground rent notices will be served on Leaseholders at the address of the property. This will mean that our ground rent notices have been served in accordance with the statutory requirements and any fees which may be incurred for late payment will be properly due and payable.
We are unable to accept payments by instalments. Your Lease sets out how payments must be made.
Interest will be charged in accordance with the terms of your Lease on overdue amounts. Interest is charged monthly in arrears and therefore if payment is received late then interest will automatically accrue. If payment is received by the due date no interest is charged.
Payment has not been made in accordance with the terms of your Lease. Both the Invoice and Reminder letter forewarn of this charge being added to your account should payment not be made.
We act for your Landlord, our client.
When the freehold of a property changes hands there are a number of processes that need to be carried out in order to ensure a smooth transition in the change of ownership. Sometimes the transition is not as smooth as we would like!
We trust the above gives you an insight into the process undertaken when the freehold reversion of a property/development is sold and should you have any queries regarding your account following the sale please contact the New to E & J Estates Team and we shall endeavour to assist.
The Landlord has acquired the freehold of your property as a long term investment however, you may have statutory rights to purchase it. We recommend you seek independent legal advice.
You can extend your Lease whenever you wish but sometimes you will have to extend it because, for example, this is a requirement of your bank or building society or because you want to sell the property and your buyer is unhappy with the length of the Lease. Please see our lease extension factsheet for information on the procedure.
Because the Landlord owns the building and will own the property when your Lease ends the Landlord needs to ensure that you do not make alterations or additions which may adversely affect the Landlord or damage the building. Some alterations or additions do not require the Landlord's permission. For example, internal painting and decorating, minor plumbing and electrical works, upgrading of kitchens and bathrooms on a like-for-like basis and new interior doors do not require the Landlord's permission. If you are thinking of making any other alterations or additions you should ask the Landlord for permission before you carry out any work. If work has been carried out already without the Landlord's permission, you should ask the Landlord for what is called retrospective permission. Alterations and Permissions Factsheet and Form
E & J Capital Partners Limited arranges the insurance on our behalf, please click on this link for further information on insurance related queries.
E & J Estates do not provide property maintenance services.
If you have a query regarding the management of your property, you should contact the company to which you pay your service charges.
If you are unsure who manages your property, please contact the Property Team who will try to assist.
If you want to ask the Landlord to consider taking such steps, please refer to the Breaches document.
We aim to provide our clients and leaseholder customers with a quality service but accept that things do go wrong occasionally.
If we do not meet your expectations and you are dissatisfied in some way, we wish to know. We have adopted a procedure to ensure that any complaint is dealt with fairly and that anyone with a grievance is aware of the procedure to follow.
We ask that you please ensure your complaint is made using our Complaints Form, which you can request by e-mailing us on email@example.com and return by post or to the same e-mail address. You are entitled to make your complaint via post, email or phone (where we will guide you towards our Complaints Form)
If you require this policy and a complaints form in an accessible format, such as large print, please sent a request via email to firstname.lastname@example.org.
The complaint will be logged and forwarded to the relevant department head for their review.
If you are not satisfied with the findings of our internal complaints process, or if we have not acknowledged or resolved your complaint with 8 weeks from its first notification, you may refer the matter to The Property Ombudsman Service (TPOS)
TPOS is a free and impartial service that resolves disputes between consumers and agents fairly.
You must refer the complaint to TPOS within 12 months of issue of our final response to your complaint (the “final viewpoint letter”)
You can bring the complaint to the attention of TPOS by writing to them at:
The Property Ombudsman
43-55 Milford St
Wiltshire SP1 2BP
or e-mail to email@example.com.
Further details on how the scheme works is available at www.tpos.co.uk