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Unpaid ground rent

2

Comments

  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    if flat above repo'd, ground rent wouldn't be payable as 'vacant', surely?

    Unlikely I fear Ground rent is a charge upon the property which the leaseholder must pay regardless of occupancy.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As said, only the freeholder (currently the bank who don't know) and Leaseholder (who has no incentive to admit to arrears) will know.

    if you buy, assume you will start from scratch ie
    * start charging ground rent from date you take over
    * start ensuring insurance is in place.
  • Princess_Coupon
    Princess_Coupon Posts: 3,714 Forumite
    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! ;)

    Shame, I thought I may be able to pay £3 to Land Registery or somewhere to check.
    My flat has no lease, above has the 65 year lease to which i will own the freehold.
    AKA: PC

    ...
    Rest in Peace Fred the Maddest Muppet in Heaven :heart:
  • Princess_Coupon
    Princess_Coupon Posts: 3,714 Forumite
    G_M wrote: »

    if you buy, assume you will start from scratch ie
    * start charging ground rent from date you take over
    * start ensuring insurance is in place.


    yes that's my thoughts, the lease says the rent is paid in March, so I'll start chasing it then.
    The lease does state if the rent is 21 days late i can enter and take possession :eek:
    AKA: PC

    ...
    Rest in Peace Fred the Maddest Muppet in Heaven :heart:
  • Joanthebone
    Joanthebone Posts: 287 Forumite
    Part of the Furniture 100 Posts
    Hmm, as I understand it , you should have a lease for your flat even though you own the freehold, its quite simple to arrange with a solicitor. If the upstairs flat want to extend their lease, now its under 65 years it would be expensive ... which could be good news for you!
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Shame, I thought I may be able to pay £3 to Land Registery or somewhere to check.
    My flat has no lease, above has the 65 year lease to which i will own the freehold.

    Are you sure there is no lease? There is usually a reciprocal freehold/leasehold arrangement with the flat above.

    How much is the annual rent? On Tyneside it is usually a peppercorn whether demanded or not.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If there is no lease on the downstairs flat you are buying, and this is England... GET LEGAL ADVICE.
  • Princess_Coupon
    Princess_Coupon Posts: 3,714 Forumite
    Hmm, as I understand it , you should have a lease for your flat even though you own the freehold, its quite simple to arrange with a solicitor. If the upstairs flat want to extend their lease, now its under 65 years it would be expensive ... which could be good news for you!

    That's what I thought I may get a nice windfall if he ever sells, if the renewal in 1980 was £15,000 it will be more now 35 years plus has passed.
    AKA: PC

    ...
    Rest in Peace Fred the Maddest Muppet in Heaven :heart:
  • Princess_Coupon
    Princess_Coupon Posts: 3,714 Forumite
    terryw wrote: »
    Are you sure there is no lease? There is usually a reciprocal freehold/leasehold arrangement with the flat above.

    How much is the annual rent? On Tyneside it is usually a peppercorn whether demanded or not.

    It's Sunderland so not far. It's £150 per year.
    No lease for my downstairs, but in his upstairs lease it does state everything the freeholder and occupier of downstairs must/must not do
    AKA: PC

    ...
    Rest in Peace Fred the Maddest Muppet in Heaven :heart:
  • Princess_Coupon
    Princess_Coupon Posts: 3,714 Forumite
    G_M wrote: »
    If there is no lease on the downstairs flat you are buying, and this is England... GET LEGAL ADVICE.

    It is England, can you explain further please?
    AKA: PC

    ...
    Rest in Peace Fred the Maddest Muppet in Heaven :heart:
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