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Issues before completion

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Comments

  • ReadingTim
    ReadingTim Posts: 4,087 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    There's little, if any, incentive for the vendor to sort either of these "issues" now, therefore the OP's choices seem to be to continue with the purchase as is and sort the problems out after they've bought it, or walk away.  

    Sorry if this isn't the answer the OP wanted to read.  
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I don't think the vendor is going to install a dropped kerb on the offchance that the OP might then proceed with the purchase...
    No free lunch, and no free laptop ;)
  • Thanks everyone for your comments. Both issues have now been resolved satisfactorily.

    There are a couple of questions I'd like to ask members in relation to the freehold;

    Is there a maximum amount the freeholder is allowed to charge if we want to buy the freehold? Or is it just whatever they want?

    Also I've asked my solicitor to confirm if the ground rent is a fixed amount or if the freeholder could increase it. They replied saying there wasn't a rent review in the lease, but when pressed said they couldn't comment further and asked if I wanted them to ask the freeholder what their position on the matter was. Does that just mean the wording of the lease leaves the matter quite ambiguous?

    Thanks.
  • You presumably have a copy of the lease - what does it say about the ground rent? 
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  • Qwop77 said:
    Thanks everyone for your comments. Both issues have now been resolved satisfactorily.
    Resolved how please? Providing forumites with resolutions

    a) helps others with similar issues and
    b) acknowledges the help provided was useful and appreciated and
    c) encourages people to continue to help eg with your additional queries below!

    There are a couple of questions I'd like to ask members in relation to the freehold;

    Is there a maximum amount the freeholder is allowed to charge if we want to buy the freehold? Or is it just whatever they want?
    depends if you use the formal or informal route. see
    https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=62

    Also I've asked my solicitor to confirm if the ground rent is a fixed amount or if the freeholder could increase it. They replied saying there wasn't a rent review in the lease, but when pressed said they couldn't comment further and asked if I wanted them to ask the freeholder what their position on the matter was. Does that just mean the wording of the lease leaves the matter quite ambiguous?

    Thanks.
    We can't read the wording so can't answer. Please quote.
  • Qwop77
    Qwop77 Posts: 8 Forumite
    First Post

    There are two documents that I've been sent by the solicitor referring to the lease. The first is titled lease and the second, which is dated a few years after the first, is titled underlease. The underlease specifies the sale of the house to the first owner from the building company. 

    In relation to the ground rent, the lease document simply says "Yearly Rent. Reserved £50". It goes on to say it's payable in half yearly instalments. 

    The underlease says how long the lease is for "Nine hundred and ninety five years, yielding and paying therefor during the said term hereby granted the yearly rent of six pounds ten shillings clear of all deductions thereout whatsoever (exc ept landlords property tax) by half yearly payments.....".

    I cannot see anything else relevant and my solicitor rather unhelpfully refuses to answer the direct question of whether or not the ground rent can be increased or not. 

    To me, someone with limited experience in these matters, it is left very ambiguous. 
  • Qwop77
    Qwop77 Posts: 8 Forumite
    First Post
    To add to that, I have no idea where the £50 comes from. The current rate of ground rent is £6.50 per year. 

  • user1977
    user1977 Posts: 19,496 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    It sounds like you're occupying under the underlease (i.e. a sublease) - your immediate "freeholder" is the leaseholder under the head lease, so the £50 is their problem. Anyway, if the lease doesn't provide for the rent increasing, then it doesn't increase. Not sure why your solicitor is being cagey about it.
  • Thanks very much, that was my thinking as well. Surely if it allowed for an increase there would be mention of that. 
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