Is £250 ground rent increase an issue?

Is £250 ground rent increase an issue?

0:02 AM, 29th November 2023, About 12 months ago 76

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Hello, one of my leasehold flats just had a Ground Rent increase which takes it over £250.

I’ve heard that ‘lenders’ do not like it when GR passes £250 and, when/if selling this may cause problems for future purchasers to get mortgages.

I have 130 years left on the lease, does anybody have experience on whether the £250 limit is a serious issue?

Any help would be greatly appreciated,

David

 


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NewYorkie

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14:42 PM, 8th December 2023, About 12 months ago

Reply to the comment left by Amethyst at 08/12/2023 - 14:30
Not as bad as BD1, but we have seen a significant drop in our development in WF1. It's the ground rent! Started at £250 in 2007, and increases with RPI every 5 years. It may not seem like a large sum in the scheme of things, but it means nobody can sell because buyers can't get a mortgage, and cash buyers expect a 40% discount.

Kizzie

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15:53 PM, 8th December 2023, About 12 months ago

What is a BD1?

Amethyst

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15:56 PM, 8th December 2023, About 12 months ago

BD1 refers to the post code of the development the poster was talking about.

Kizzie

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16:09 PM, 8th December 2023, About 12 months ago

In response to Amathyst. The OP would need to ensure the GR demands were properly served in accordance with CLRA 2002 s 166 and accounted for by the Lessor/LL.
It has been known for management companies to wrongly pursue GR as default payable to the man. co. as a creditor under Insolvency Act.A possession order obtained and the flat auctioned without the lease registered at HMLR. the lease remains registered to the original leaseholder with question marks as to what was auctioned and what the purchasers believe they’ve bought and who financially benefited

NewYorkie

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16:23 PM, 8th December 2023, About 12 months ago

Reply to the comment left by Kizzie at 08/12/2023 - 16:09
In reality, if there's a lender involved, they will pay the outstanding debt and add it to the lease holder's mortgage. You then have a battle with your lender as to why they paid without referring to you beforehand. If no lender, the freeholder can go down the forfeiture route if all else fails.

But the idea that a managing agent can obtain your property is farcical. They may try, but it's property fraud, and a solicitor would spot this. I would recommend setting up property alerts on HMLR.

Kizzie

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17:42 PM, 8th December 2023, About 12 months ago

Reply to the comment left by NewYorkie at 08/12/2023 - 16:23
It’s happened to me. I did register with HM LR property alert and that’s how I know that I’m still registered as the unit holder (beneficial owner).It would appear the conveyancers for the purchasers at auction did not do the due diligence. As first assignee of the registered lease my name remains forever on the lease which makes me think there must be an illegal substitution.

NewYorkie

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18:24 PM, 8th December 2023, About 12 months ago

Reply to the comment left by Kizzie at 08/12/2023 - 17:42
Have you contacted the fraud people at HMLR [forget (in)Action Fraud!]?

Contango

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18:44 PM, 8th December 2023, About 12 months ago

Reply to the comment left by Kizzie at 08/12/2023 - 17:42
If you were the original lessee then your name would appear on the title as a party to the lease. Regrettably the land registry is so behind that the Proprietorship section of the register (ie who is registered to be the legal owner) which is at Part B can be running months behind. If you really want to know go on the HMLR website (you would need to register) and have a look at the day list. This is where you would find a priority search and notice of a dealing in the lease as yet unregistered. The land reg was so efficient and is now so behind that you are one of many poorly served by a once great organisation. Having said that they do clear the work eventually and if someone needs a registration urgently for another pending transaction they will usually be responsive and get it done within 14 days

Kizzie

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9:56 AM, 9th December 2023, About 12 months ago

To put it delicately a law firm is behind all this and property ownership is complex. Like I suspect many others it was not explained by conveyancers at purchase of the underlease to the land and estate, that the RMC is a unit trust the unit holders became legal and beneficial owners after transfer of the residue of the superior lease to the RMC when each LH holds their own lease as a trustee and registered proprietor bound by an individual deed of trust. The landowner is Duchy of Lancaster hence the trust as exempt charity.
I registered with HMLR in 2014 and every 6 months an email states no application on my title ie nearly 10 years.

Amethyst

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14:17 PM, 11th December 2023, About 12 months ago

This has been an interesting and popular topic and we should all now look at the commentary from
http://www.leaseholdknowledge.com
( Scroll down their page )
who have sent out two bulletins today regarding what is being debated at the moment. Ground Rent is key to this; new Leases were dealt with in 2022 but there are now five proposals for how GR within existing Leases could operate. The proposal for peppercorn GR is best for Leaseholders but as the Freeholders won't agree, you can be sure they will have their say in the Consultation. Make sure you have your say too and note there is only a small window for responses.

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