Can Deeds of Grant of Estate Rentcharge be amended?

by Readers Question

14:21 PM, 8th June 2020
About 4 months ago

Can Deeds of Grant of Estate Rentcharge be amended?

Make Text Bigger
Can Deeds of Grant of Estate Rentcharge be amended?

I would like to ask whether a signed and witnessed completed Deeds of Grant of Estate Rent, can be changed at a later date by the Residents Association?

I am a freeholder on a mixed tenancy development and as the grantor wish to secure the proper maintenance of the works listed with the deeds. The Association has agreed, as it obligation to ‘keep and maintain the Works’.

However, one of the items described in the clauses has been given away and have the intention to replace it with another unlisted item, which falls outside the scope of the deeds.

It does not seem legal, as the spirit and intention of the deeds I signed in 1999 are being manipulated to the advantage of others.

Just wondered whether this has happened to others and what are the legal remedies open to me?

Many thanks

Richard



Comments

Neil Patterson

14:24 PM, 8th June 2020
About 4 months ago

Hi Richard,

I am sorry this is not an area of expertise for me but to help everyone I have found the .Gov guidance for Rentcharges >> https://www.gov.uk/guidance/rentcharges

Puzzler

9:49 AM, 13th June 2020
About 3 months ago

Sounds like a breach of contract issue. What is the item they have changed? Have they notified everyone formally? Do you object to the change or are you worried that it is the top of the slippery slope and other changes could creep in?

Houghton

18:52 PM, 13th June 2020
About 3 months ago

Reply to the comment left by Puzzler at 13/06/2020 - 09:49
The issues relate to actions taken by the Residents Association (RA) not reflecting their obligation of ‘keeping and maiming the works’. In particular the following:
1) disposal of the river walk way, a named works within the deeds
2) signing with the local council of the Grant of Easement and a Section 38 Highways Act 1980 Agreement, without the shareholder’s knowledge
3) giving the council £16k to take the feature off the RA’s hands, again without shareholders’ knowledge and
3). The inclusion of the River Thames river wall, which is outside the scope of both the deeds and estate plan.
Having used the dispute clause of the deeds and told be the RA ‘there is no dispute’.
These seem to be major alterations made after the deeds were to the originally signed in 1999.

Any advice on the above would be greatly welcomed.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Hackney adds a £50k Social Housing contribution from developers!

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More