Land Registry Query & Rent Charge

NeilR1

Hi all - really interesting thread above.  I am facing a similar situation now.  We were due to exchange on a new house purchase two weeks ago but at the last minute our solicitor confirmed Barclays would not lend on the property due to a historic tithe rent charge (£1 8s 3d a year).  This is dated1933 in the title with no reference to the owner of the rent charge or what it specifically refers to but it does state ‘tithe rent’. 
We contacted the MHCLG and was informed that as this is a tithe rent the Rent Charges Act 1977 does not apply and they cannot support revoking/redeeming it.  They suggested I call Land Registry which I did today and they informed we can apply to have it extinguished via ‘Practice Guide 56’ but the whole process will take 4 months.  Our mortgage offer expires in early Feb - does anyone have any suggestions on how to accelerate things?  And do we know this process will work with a rent charge we have no idea who owns?   Barclays are refusing to budge despite many other lenders apparently now differentiating between current and live rent charges.  This is our final hope but I am worried it will take too long.  

All advice and help very welcome from an absolute novice....

SDLT_Geek

NeilR1 said:

Hi all - really interesting thread above.  I am facing a similar situation now.  We were due to exchange on a new house purchase two weeks ago but at the last minute our solicitor confirmed Barclays would not lend on the property due to a historic tithe rent charge (£1 8s 3d a year).  This is dated1933 in the title with no reference to the owner of the rent charge or what it specifically refers to but it does state ‘tithe rent’. 
We contacted the MHCLG and was informed that as this is a tithe rent the Rent Charges Act 1977 does not apply and they cannot support revoking/redeeming it.  They suggested I call Land Registry which I did today and they informed we can apply to have it extinguished via ‘Practice Guide 56’ but the whole process will take 4 months.  Our mortgage offer expires in early Feb - does anyone have any suggestions on how to accelerate things?  And do we know this process will work with a rent charge we have no idea who owns?   Barclays are refusing to budge despite many other lenders apparently now differentiating between current and live rent charges.  This is our final hope but I am worried it will take too long.  

All advice and help very welcome from an absolute novice....

Take a look at The Tithe Act 1936 https://www.nationalarchives.gov.uk/information-management/legislation/other-archival-legislation/tithe-records/