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Ground rent/lease wording confusion

9 replies

dollybird · 20/06/2022 15:05

I know that ground rent is usually paid annually, but the wording in the lease of a property we are in the process of buying, to DH and I, suggests otherwise. The exact wording is as follows:
The Rent shall be fixed for each period of five years calculated from 1st January xxxx (the "Base Date") (each of which shall be a "Rent Period")
For the first Rent Period the Rent shall be £250
For each subsequent Rent Period the Rent shall be the higher of the Rent payable in the previous Rent Period and "the Reviewed Rent" calculated in accordance with clause 2 below

I read that as the rent period is five years and the rent for that period is £250. Conveyancers insist it is annually paid. Is it just assumed it is paid annually and therefore it doesn't need to be stated?

OP posts:
areyouhavingagiraffe · 20/06/2022 15:40

The rent period will be a year, therefore it is usually paid annually. How is it reviewed annually? I have sold a leasehold property in the last year and the ground rent set hares running, I think this was because everyone seems to be super cautious of this (understandably so, if you google). It caused me a bit of a headache, but probably because my Solicitor was not strong enough (!), and I ended up dealing with this enquiry and arguing my case. Are you in London, or outside? Have a google of the AST threshold.

MinnieMountain · 20/06/2022 15:41

It is paid annually (all ground rent is) and increases every 5 years by the method stated at clause 2.

More to the point, has your conveyancer asked to seller to get a deed of variation to have it removed? That’s not an acceptable ground rent clause.

Haus1234 · 20/06/2022 15:44

I think you’re right that it should say “£250 per annum” not just “£250” if they want it annually … is “Rent” defined elsewhere in the lease?

Haus1234 · 20/06/2022 15:45

Though I am in no way a lawyer! And you should listen to the professionals! But it does sound odd to me, a layperson.

dollybird · 20/06/2022 15:49

MinnieMountain · 20/06/2022 15:41

It is paid annually (all ground rent is) and increases every 5 years by the method stated at clause 2.

More to the point, has your conveyancer asked to seller to get a deed of variation to have it removed? That’s not an acceptable ground rent clause.

Yes, our conveyancer has asked to get a deed of variation to get it removed. They are waiting to hear from the landlord, although we haven't got time to hang around waiting, so are prepared to pull out if they don't get back to us quickly, or won't remove it.

OP posts:
areyouhavingagiraffe · 20/06/2022 15:49

Further to @MinnieMountain 's comment, mine was increasing every 20 years and it was still a ball ache when it came to sell......

GU24Mum · 20/06/2022 15:53

A "Rent Period" is defined in the extract you've posted and is a five-year period so what they are saying is that the amount of rent for that period will be £250 per annum.
The "Rent" will be defined somewhere else and will invariably be the initial £250 figure payable annually on a certain date.
It depends what the rent review mechanism says as to whether it's unacceptable (ie commercially unacceptable and unacceptable to most mortgage lenders). Any suggestion of the rent doubling won't be acceptable but RPI increases are less contentious.
Is this a new-build or an existing property?

dollybird · 20/06/2022 15:59

Existing property, but only 7 years old. The rent increase is RPI, although that could get huge with inflation as it is. Conveyancer queried with sellers it being RPI plus a %, but we can't see that in the lease (it says R x A/B where A is the latest index figure and B is the index figure at the base date)

OP posts:
MinnieMountain · 20/06/2022 18:20

That makes sense. The consequences of ground rent like that wasn’t really thought of 7 years ago.
Get it varied (not just insurance) or back out.

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