Land Registry Issue

thesurveyor

Good Afternoon People, 

I have a strange issue that I am encountering with the Land Registry.

 

I have a mortgage on a property that is a freehold with a rent charge.

 

I am looking to get the charge cancelled but I am encountering difficulty with the Land Registry.

 

The previous owners (who owned the property for 9 years) never paid any rent charge.

 

The owner prior to them owned the property for over 20+ years and again never received a request for payment.

 

How would I prove to the Land Registry that the Rent Charger is an absentee Rent Charger and apply to have the charge removed/cancelled?

 

RHemmings

Paging: @Land_Registry

Land_Registry

Assuming we are referring to a noted rentcharge then an application can be made to cancel same using a form CN1 along with sufficient evidence to confirm that the rentcharge has come to an end (been determined)
Notice: cancellation (CN1) - GOV.UK (www.gov.uk)
However the OP is really after the advice of other with regards what supporting evidence would be deemed sufficient?
But it's really legal advice that's needed to understand whether a rentcharge can come to an end as a result of non-payment. Rentcharges rarely affect one property/title and it maybe worth asking your neighbours if they have any information to share
Rentcharges - GOV.UK (www.gov.uk)

thesurveyor

Thank you for the response @Land_Registry

Yes, I’ve spoken to the neighbours in the street and they don’t have the same issue. They are Freeholds. 

I’ve tried searching for the original holder of rent charge from 1951 but I can’t find any information or addresses to send a letter to asking about him.

The owners prior to me owning the property have no information either but they didn’t seem to mind the issue.

 

propertyrental

How much is the rent charge?

thesurveyor

@propertyrental

“£3.10s.0d.”

It’s not the monetary factor it’s mainly the fact that I can’t seem to get anywhere with the Land Registry in getting this sorted. I’ve had a number of mortgage providers turn me down hen remortgaging and being informed that the indemnity insurance isn’t worth the paper it’s printed on. 

As you can imagine it’s quite frustrating.

Hoenir

Automatic Extinguishment

Rentcharges extinguish automatically on 21st July 2037 or 60 years from the date of which the Rentcharge first became payable, whichever is later.

 

Statutory Redemption

For those who can not wait until 2037, by design or choice, the 1977 Rentcharge Act permits existing property owners to buy out (or redeem as it is technically known) the Rentcharges attached to their property.

If you know the rentowner then you can apply to the Ministry of Housing, Communities and Local Government to redeem the Rentcharge. The cost of redeeming the Rentcharge will be about 16 times the yearly payment and the procedure for doing so can be found at: https://www.gov.uk/guidance/rentcharges

If you do not know who the current rentowner or their agent is, simply state so on the form and give the name and address of the person who you (or the previous   occupier) last paid the Rentcharge.

thesurveyor

Thanks @Hoenir

Thats the issue I am having. I don’t know who the person who I am to pay the rent charge to.

The previous two owners never paid it neither.

Hoenir

thesurveyor said:

Thanks @Hoenir

Thats the issue I am having. I don’t know who the person who I am to pay the rent charge to.

The previous two owners never paid it neither.

The charge is registered to "someone".