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Can a freeholder increase ground rents?

I own a freehold building containing 5 flats. Each flat was sold years ago with a 999 year lease. The lease states that the annual ground rent payable (to the freeholder) per
flat is £25 per year. This figure has stayed the same for over 40 years. The lease says nothing about if this ground rent can be increased.

£25 per year per flat seems very low and I would like to increase it gradually over time. Am I able to do this given that the lease says nothing about increasing the ground rent? On the other hand the lease doesn't say anything about NOT being able to increase it either.

Thoughts?

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No. The prices paid for the flats (and/or whatever you paid for the freehold) reflects the terms of the leases. Which are that the rent is £25 until the end of the term.
  • .... The lease states that the annual ground rent payable (to the freeholder) per
    flat is £25 per year. ........The lease says nothing about if this ground rent can be increased.
    Then that is what the ground rent is.
    At the end of the lease you can, of course, issue new leases at a higher ground rent.
  • Thanks for the info.

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 2 December 2020 at 9:44AM
    At the end of the lease you can, of course, issue new leases at a higher ground rent.
    I'm not sure that's a great comfort to the current freeholder, with 950 years to go on the leases.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    AdrianC said:
    At the end of the lease you can, of course, issue new leases at a higher ground rent.
    I'm not sure that's a great comfort to the current freeholder, with 950 years to go on the leases.
    I think that was the dry humour in the reply.

    And of course, the leases will 'never' end, given the statutory right to extension for zero ground rent.
  • I own a freehold building containing 5 flats. Each flat was sold years ago with a 999 year lease. The lease states that the annual ground rent payable (to the freeholder) per
    flat is £25 per year. This figure has stayed the same for over 40 years. The lease says nothing about if this ground rent can be increased.

    £25 per year per flat seems very low and I would like to increase it gradually over time. Am I able to do this given that the lease says nothing about increasing the ground rent? On the other hand the lease doesn't say anything about NOT being able to increase it either.

    Thoughts?
    The lease states everything that you CAN do and SHOULD do as a freeholder. If it doesn't say something then no you can't do it. You sound like an inexperienced freeholder and need to be careful about what you do or say to your leaseholders as you might find that you break the law and some aspects are liable to criminal charges.
    Maybe you should consider selling the freehold to the leaseholders instead?

  • If I cannot increase the ground rent then I'll just leave it per what the lease states. I'll be long gone before they expire!
  • If I cannot increase the ground rent then I'll just leave it per what the lease states. I'll be long gone before they expire!
    You have to leave it as the lease states, that's the purpose of the lease!
    Why don't you consider selling the freehold to the leaseholders if you want some extra cash?
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