thanks so much

fleur8

Thanks guys 

princeofpounds

Names within titles are often outdated because they refer to who owned the property at the time; the right to receive that rent can be assigned with the sale of title. Although it's not impossible to have a rent in favour of a third party.

So ask your solicitor to read the exact language, confirm to you who is due the ground rent, and explain.

greatcrested

The name on the freehold title IS/SHOULD BE the current registered owner of the freehold.

In a 2 flat building, it would typically be the joint names of the 2 flat owners.

In a larger building (as the Land Registry allows a maximum of I think 4 names) it is often a company name. The company owns the freehold and the company is owned jointly by the flat owners.

So Q1 - is the landlord's name a company?

Another possibility is that when a previous flat sale took place, the buyer/solicitor ommitted to register their name against the freehold.

But you should query this with your solicitor.

AdrianC

Perhaps the share is of a sublease, and the ground rent is payable to the holder of the headlease?

greatcrested

fleur8 said:

greatcrested said:

The name on the freehold title IS/SHOULD BE the current registered owner of the freehold.

In a 2 flat building, it would typically be the joint names of the 2 flat owners.

In a larger building (as the Land Registry allows a maximum of I think 4 names) it is often a company name. The company owns the freehold and the company is owned jointly by the flat owners.

So Q1 - is the landlord's name a company?

Another possibility is that when a previous flat sale took place, the buyer/solicitor ommitted to register their name against the freehold.

But you should query this with your solicitor.

The freehold of the property is managed by a company which is jointly owned by the vendor and the other apartment owner (2 people). Searching the company name confirms this. 

There is a woman’s full name as the landlord on the lease title. 

The management of the building is seperate from the ownership of the building. eg a block with 100 flats where all flat owners have share of leasehold:

* Freehold owned by Company A

* Company A is owned by 100 flat owners

* Company A employs Company B to manage the building on their behalf. Company B is often a professional  commercial company managing mutiple buildings.

In this case it is strange that 'Company A' which manages the building on behalf of the unknown freeholder is itself owned by the flat owners.

You are right to be asking who 'the woman' named as owning the freehold is.

Edit: another possibility. You have been somewhat mis-informed about what you are buying:

* Freehold is owned by 'the woman'

* you are NOT being offered a 'share of freehold'

* However, the flat owners have excercised their 'Right To Manage' (perhaps 'the woman' was an absentee freeholder, or was incompetant)

* the fat owners set up a company, which they own, to manage the property, taking that responsibility away from 'the woman' who remains the freeholder

* Ground rent would still go to 'the woman'

* service charges would be paid to the RTM company which you would jointly own

Estate agents are not renowned for understanding legal niceties, or differences like this.Or in their defense, often sellers don't fully explain to the EA what the set-up is.

Hence the description that you are getting a 'share of freehold' when in fact you may  be getting a RTM property

NameUnavailable

It may possibly be that the lease / ground rent refers to a time prior to the freehold being bought by the leaseholders? Your solicitor should be advising you on this, that is their job! However you can also download the titles from the Land Registry website.

Richard_Webster

Please ignore the name of the landlord on the original lease.   The present freeholders are the person(s) or company named as proprietors on the registered freehold title.   The lease may provide that a ground rent is payable but usually it is not collected as you would in effect be paying it to yourself.

greatcrested

Richard_Webster said:

Please ignore the name of the landlord on the original lease.   The present freeholders are the person(s) or company named as proprietors on the registered freehold title.   The lease may provide that a ground rent is payable but usually it is not collected as you would in effect be paying it to yourself.

Absolutely. However OP said

the report on title, it confirms that the property is being sold as share of freehold with a lease of 100 years. It also mentions that there is rising ground rent every 20 years and the landlord’s name is neither that of the vendor or the person who lives downstairs.

so I assumed (perhaps wrongly!) that the 'report on Title' refered to would be listing the current LR registered owner of the freehold.

If as you warn, the name of 'the woman' has been taken from the original lease, rather than from the current LR Title, then this whole thread is superfluous and there is no problem.

Perhaps you could clarify, fleur, where the woman's name has been taken from?