Jb Leitch threaten to enter my home

Theninjagecko

nyermen said:

Theninjagecko said:

Ground maintenance for communal areas. I bought the house as freehold so I own that, I've looked more into it and it appears it's for ground maintenance of communal areas and light fittings in those areas, among a few other things.

On a side note can they even charge rent on land that's sold as freehold.

Not according to the letter they have sent you.  Freehold can still be subject to rent charge, with all the horrors that can bring for non-payment.  Going over 40 days is serious, please read the links from eidand.  They can (and have threatened to I think?) use their right of lease issuance.  They can potentially then kick you out.
Of course - if no rent charge is due, then they've made a big mistake (even if they've confused with maintenance charges)

I called them againamd asked them directly why it says rent charge. They said it's for the communal upkeep of the estate and the charge is from ground care solutions who come cut the grass and keep certain areas tidy. They basically cit the grass but they said they are going to forward me what the payment covers.

I've spoken to my mate over the road, they did exactly the same to him, even the same solicitors. 
Ive paid it tonight. 

ciderboy2009

Please, please, please check all of your documentation from purchase for any reference to a rentcharge.  I would go as far as contacting the solicitors who acted for you to ask them.

The paperwork they have sent you has got NOTHING WHATSOEVER to do with communal upkeep for the estate.

If there is no rentcharge on your property then I would lodge a formal complaint with them and chase it until you get a resolution.

If there is a rentcharge then be very careful about it - you could end up losing your property and still owing the mortgage.

I really cannot emphasise just how important it is that you get this sorted - even if you have paid it for now.

trex227

I think they are using rentcharge as a term for what most of us would class as “freehold with management company”.

This article which is about the “original” type of rentcharge says:

“There is a second type of rentcharge known as an ‘estate rentcharge’, designed to make positive covenants in freehold land binding on successors. These are permitted and will remain enforceable after 2037.“
https://www.todaysconveyancer.co.uk/main-news/beware-of-rentcharges/

trex227

https://www.mkbsolicitors.co.uk/estate-rentcharges/

This is an interesting read and includes reference to a case where the owner didn’t pay and a lease was created, rendering the freehold worthless

DCFC79

You would have been told about any management company fee thats due each year, chdck your paperwork.

iampetesmith

This is one reason why I bought an older house rather than a new build or one that's only a few years old. None of these silly covenants with rent charges or maintenance fees. I own the house and the land it's built on and that's that, I think this comes from the council not adopting the roads on new estates, so management companies have to maintain them, which means the cost is passed on to the residents.

This really should have been a big red flag at the conveyancing stage, your solicitor should have made you aware of any covenants on the paperwork no matter how small, and this is a big one. If you're sure that nothing was mentioned about this during the buying process, you should complain to the solicitor. 

I'd say you need to pay it as it mentions the covenant on your title document, so double check it's on there and that they haven't made a mistake, then just set up an account with them to make the regular payments for it.

OldMusicGuy

trex227 said:

“There is a second type of rentcharge known as an ‘estate rentcharge’, designed to make positive covenants in freehold land binding on successors. These are permitted and will remain enforceable after 2037.“
https://www.todaysconveyancer.co.uk/main-news/beware-of-rentcharges/

That's what we had on our development. 

GDB2222

The key point here is that the councils are generally not adopting roads and open spaces on new estates. Why not? Because it costs a lot to maintain. So, the owners are having to pick up the tab. In the OP's case, it seems to be around £5 a week, which isn't monstrous, although it's unfair to also charge the full council tax.

The rentcharge legislation is being used to force householders to cough up their shares of the cost, despite it being a sledgehammer to crack a nut. 

Thrugelmir

Why didn't your receive the original demand? As would have been sent to all householders. This would have avoided the payment of the solicitors fees. 

PurplePow

iampetesmith said:

This is one reason why I bought an older house rather than a new build or one that's only a few years old. None of these silly covenants with rent charges or maintenance fees. I own the house and the land it's built on and that's that, 

I bought a house recently built in 1908 and that's got Rentcharge against it!  I did some reading into it and this old Rentcharge will no longer exist in 2030 something or other.  I only pay £2 a year with it being so old, so I'm not bothered about cashing it in despite the company offering me to for ~£100, as that's more than what I'll end up paying if I keep going!