My house deeds state I am responsible for collecting ground rent for my whole street. I want out but how? ?

Question

I bought my terraced home in Nov 1999 and only upon completion (since the solicitor had omitted to inform me of this) did I realise that I was responsible for not only paying my own ground rent, but for collecting and paying the rents of the other additional 7 properties on my street.

I have done this until now, but have really come to the end of my tether with it. Particularly as sometimes I don't manage to collect all the ground rents, and I end up paying them myself! Also, the management agent issues the demand for the ground rents haphazardly, meaning often the bill is for around 3 years worth of ground rent, for all 8 homes (including mine). It isn't vast sums but I don't see why I should end up paying for those who don't pay.

I have had enough of knocking on the doors of all my neighbours to collect monies I don't always receive, and want out of this responsibility! I have a current bill waiting to be paid, and am planning to send only the 3 year's worth of rent for my own property, and request that the management agents to seek the other ground rents from the other properties themselves.

Can someone tell me whether I am able to do this, and how I might be able to get out of the responsibility of ground rent collection?

Answer 1

Sorry, but I think you're stuck with it.

You agreed to do this in the deed, and, although your solicitor was negligent in not informing you of this, the time has passed for you to sue the lawyer for negligence ( you would likely have won that).

The only way out I could see is if you're not being paid for this work.  I imagine there are minimum wage laws in the UK, and that would put this clause in violation of those laws.

You cannot make an agreement to do an illegal act.  That's basic to contract law.  This clause may violate the minimum wage laws and therefore would be an illegal act.

A Judge might throw the clause out on that basis.

It's a Hail Mary type of action, but it might just work.