Unpaid ground rent

Princess_Coupon

I am purchasing a freehold flat which also includes the freehold of the flat above. I understand that the ground rent hasn't been paid for some time and that I will be able to collect the arrears, as it's a repossession my solicitor has advise he can't find out how many years it has been unpaid is that the case?

G_M

A freehold flat? :eek:

Or do you mean you are buying the lease on a downstairs flat AND the building;s freehold?

There is no way to know what ground rent has been paid, or not, other than asking either the current freeholder, or the leaseholder who is (or may be) in arrears.

ging84

who told you it hadn't been paid in the first place?

terryw

Am I right in thinking that only an upstairs and a downstairs flat is involved?

How much is the annual ground rent? See LR cert and lease for details.

Are you obtaining a mortgage to buy the leasehold flat and the freehold of the other flat?

Princess_Coupon

G_M wrote: »

A freehold flat? :eek:

Or do you mean you are buying the lease on a downstairs flat AND the building;s freehold?

I will own the freehold of the building and there is an upstairs flat which is Leasehold

Princess_Coupon

terryw wrote: »

Am I right in thinking that only an upstairs and a downstairs flat is involved?

How much is the annual ground rent? See LR cert and lease for details.

Are you obtaining a mortgage to buy the leasehold flat and the freehold of the other flat?

Yes just a ground and 1st floor, ground rent is £150 per annum, no mortgage cash purchase, I will own the ground floor and the freehold of the building, the lease was last renewed in 1980 for £15,000 and has 65 years left

Princess_Coupon

ging84 wrote: »

who told you it hadn't been paid in the first place?

It has been surmised as there is no record?

brightonman123

if flat above repo'd, ground rent wouldn't be payable as 'vacant', surely?

Princess_Coupon

Also the reason it has come up for sale is because the upstairs flat flooded the property and neither had buildings insurance. The downstairs has no ceilings, it has been empty for 3 years and now repossessed. The lease says upstairs must have buildings ins and the Lesee will ask for proof, so as no insurance was taken out by the Lesee and the Lessor didn't check this reinforces the likelihood the rent wasn't paid, but it there any way of finding out as the seller (the bank) has no knowledge?

Princess_Coupon

brightonman123 wrote: »

if flat above repo'd, ground rent wouldn't be payable as 'vacant', surely?

It's the downstairs that I'm buying that is the repo

Joanthebone

Do you mean that your flat, the ground floor, comes with the freehold of the whole building. If that is a repossession, the only person who can tell you if the ground rent was collected from the upstairs flat is the last freeholder. Its unlikely the leaseholder upstairs will admit to any ground rent not paid! Even though you will own the freehold you still have a leasehold flat, so which lease was renewed in 1980 and is down to 65 years?


Oops, you beat me to it!