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Perpetual yearly rent charge

kokkari54
kokkari54 Posts: 8 Forumite
in House buying, renting & selling
I have lived in my house since 1976.
Never had a demand for this rent until now.
The demand from Linder Myers Solicitors says made payable by a conveyance dated 6th December 1898.
Executors of Mrs Marjorie Wilkinson Dodd Rent owner under a conveyance of 24-12-1990
I own the Freehold which I purchased in 2001 so I don't pay any Ground Rent and I know this is a separate charge.
On the document from the Land Registry under Charges Register it states:-
1.The land in this title is with other land subject to a perpetual yearly rent charge of £27.14s .0d
created by a Conveyance dated 6 December 1898 made between (1) Mabel Newton Taylor and (2) Thomas Whitehead.
The said Deed also contains covenants.
NOTE: Abstract filed under LA127521.
By the Conveyance dated 22 November 1933 referred to below the land conveyed was informally exonerated from this rent charge.
2. (24.04.1986) LEASE dated 10 May 1929 for 999 years from 10 May 1929.
Note : Lesee's title registered under under GM94593.
3. The land in this title with other land is subject to a perpetual yearly rent charge of £8 created by a Conveyance dated 22 November 1933 made between !9 Joseph Warburton and William Albert Downs.
The said Deed also contains covenants.
NOTE: Copy filed under GM408242

There is no mention of conveyance dated 24-12-1990.
Bit long winded I know but any advice appreciated.

Comments

  • da_rule
    da_rule Posts: 3,618 Forumite
    First Post First Anniversary
    How much are you being asked to pay?

    Also, are you sure you own the freehold for your property, as assuming it's the one covered by the title numbers above, there is both a freehold and leasehold title registered.

    Most rentcharges will be extinguished in 2037 and you can apply to redeem the rent charge so that you no longer have to pay it (https://www.gov.uk/guidance/rentcharges#how-to-redeem-your-rentcharge).
  • kokkari54
    kokkari54 Posts: 8 Forumite
    Also they are claiming arrears from 2012 to date.
  • Mutton_Geoff
    Mutton_Geoff Posts: 3,817 Forumite
    Name Dropper Photogenic First Post First Anniversary
    kokkari54 wrote: »
    subject to a perpetual yearly rent charge of £8 created by a Conveyance dated 22 November 1933

    The power of inflation.


    A lesson for all in what happens to the value of money in a lifetime.
    Signature on holiday for two weeks
  • kokkari54
    kokkari54 Posts: 8 Forumite
    It's not much £2.13p this is 1/13 of the charge as there are 13 properties on the land Ijust want to know why it' not been claimed before now.
    We are named as proprietors on the Title Absolute.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 11 August 2018 at 8:29PM
    So on 6 December 1898 a rent charge was created of £27.14s .0d .

    On 22 November 1933 the rent charge was cancelled (exonerated)

    On 10 May 1929 a lease was created. You need to find out who the lessee (owner of the lease) is. It might even be you. It is registered at the Land Registry (number GM94593) so pay £3 and find out here.

    On 22 November 1933 a rent charge of £8 was created.

    The Conveyance dated 24-12-1990 probably relates to the lease - buy the lease Title and look.

    Is the amount being claimed 6 x £8, or 6 x £27.14s .0d?
    Also they are claiming arrears from 2012 to date.
    Arrears can be back-dated 6 years.


    Although the amount being claimed is small, in your position I would get legal advice partly to know what liability I'd have going forwar, but mainly because if/when you try to sell, your buyer might well start asking awkward qustions, so if you clear up the position now, life will be easier in the future.
  • da_rule
    da_rule Posts: 3,618 Forumite
    First Post First Anniversary
    Leasehold can also be 'title absolute'.

    Why it hasn't been claimed before would have to be something you ask the person claiming it. If the solicitors administering the estate have found the rent charge title then they would be obliged to claim it as income for the estate for as long as they're administering it as they have to act in the estates best interest.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    kokkari54 wrote: »
    Also they are claiming arrears from 2012 to date.


    The arrears probably go back much further but they know that they can only enforce payment as far back as 6 years so there's no real point to claiming for years prior to 2012.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    You do need to check thoroughly - as G.M. says.

    Bearing in mind the question as to whether this whole thing is for real too or someone is trying to work a scam on you.
  • 45002
    45002 Posts: 802 Forumite
    First Anniversary Photogenic Name Dropper Combo Breaker
    edited 12 August 2018 at 8:13PM
    For Reference


    https://www.consumeractiongroup.co.uk/forum/showthread.php?489224


    http://legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/1418946-perpetual-yearly-rent-charge







    ....
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
This discussion has been closed.
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