Ground Rent increase, Charges Register and fly-tipping?
Question 1 – I look after a property (as agent for a family member-owner) and land to which attached, is a privately-owned flat. The deeds for this owned flat state that the lease is for 999 years from 1986 and rent is stated simply as ‘£10 rising as therein mentioned’ . There is no further detail at all.
It has been raised at some point between 2015 to £30 per year as this is what it stands at now and the private owner has paid and never questioned it.
I believe this is due for an increase? (what is ‘reasonable’ if no timescale is given?) By how much and how to I formally do this?
Question 2 – In the charges register for the parking space that she leases (999 years @ peppercorn rent) it also states that ‘shall contribute a fair proportion to the cost of repairing, renewing, maintaining the passageway between xxxx and the roadway leading to the car park at the back of XXXX’ (the car park within which is her space).
Up until now the landowner has cleared and maintained this area annually assuming that it was his duty to do so the flat owner had never received a bill for this. The problem is that there is now fly-tipping in this car parking area and really the vegetation really needs to be attacked twice a year to keep it under control.
As the deed documentation shows that the flat owner is liable, how do I go about asking them to contribute to this?
There is only this leaseholder so I believe it should be split 50/50. The total cost will be circa £500 so £250 each so under the £250 needing a Section 20, but do I still need to issue something?
We also want to formalise that this will happen twice a year, although being done on this basis will probably mean the costs will be £150 each time (unless there is more fly-tipping)
Is it possible to charge for half the maintenance costs already paid in previous years?
DSR
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Member Since July 2020 - Comments: 95
9:25 AM, 12th July 2021, About 5 years ago
It looks as though what you have is simply the “extract of title”, some 3 to 5 pages only.
What you need is a copy of both lease documents (£7 each from Land Registry – start at https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
– and you’ll need to quote the title numbers),. But if the flat is ON your relative’s land, rather than ADJACENT to it (I don’t recognise the word “attached” to have a clear meaning) then your family-member should possess the counterparts sitgned by the original “tenant/s” (lessee/s) in 1986, which would do just as well.
Get hold of these documents, and read them carefully – they should help a lot!
By the way, I am VERY surprised that there be just the ONE “flat”!
(Standard disclaimer: “IANAL”.)
Member Since September 2018 - Comments: 3508 - Articles: 5
11:15 AM, 12th July 2021, About 5 years ago
Thanks – I have the copies of the Register of Title for both the car parking space and the flat but no further detail.
In both cases under Section A Property Register they state a date (3/6/1986) with ‘sort particulars of the leases(s) under which the land is held’.
Assuming I need to go back and find these documents is fine – but I presume they will be under a different register title number and without that how can I find this historical info?
Member Since July 2020 - Comments: 95
11:28 AM, 12th July 2021, About 5 years ago
Yes, that’s the Extract of Title.
It should state both the freehold title number and the leasehold title number.
(If not, maybe you can search by address or by map?)
The leasehold title number is what you need!
Member Since September 2018 - Comments: 3508 - Articles: 5
11:51 AM, 12th July 2021, About 5 years ago
Reply to the comment left by Ron H-W at 12/07/2021 – 09:25
cheers – just looked at the link you provided and sent off a request 🙂
Member Since December 2019 - Comments: 35
3:01 PM, 12th July 2021, About 5 years ago
Hi DSR
Q1 There are two forms from the Land Registry which you may need. OC1 (“Office Copy”) is for the register entries for freehold or leasehold. You need both as Ron-HW says (£7 each). You also need the full lease, use OC2 for that (£7). The Land Register will hold a copy on file. Enter the particulars from the first search (owner, address, start date, term & title number) in the OC2
You can only charge the ground rent stipulated in the lease. You cannot increase it except by agreement, that means varying the lease.
Q2 Having a free run in the past does not exempt you from ongoing liability contained in a lease. Preparing for the worst case scenario I suggest as follows:
1. Contact the parking space lessee saying that maintenance costs money and quote the clause in the lease which defines her liability.
2. Hopefully reach some agreement.
3. If not do the work anyway and send a bill.
4. Send a reminder or two
5. Letter before action if no response
6. Small claim in County Court
To succeed any charges must be reasonably necessary, to a reasonable standard and at a reasonable cost. Take photos before you start work as evidence.
If litigation is anathema to you, you may wish to give up at an early stage. Solicitors in my town charge £300/hour and that’s if you can find one willing to act. Most prefer probate, divorce or conveyancing.
Lastly if ground rent has been underpaid, you can claim the shortfall going back 6 years. The same applies to maintenance costs. However if bills haven’t been sent in the past, it is probably wiser to leave it. There are various landlord and tenant acts which stipulate the rules regarding the recovery of maintenance. Familiarise yourself with them first!
Like Ron-HW IANAL
Hope this helps and good luck
Mike
Member Since September 2018 - Comments: 3508 - Articles: 5
5:03 PM, 13th July 2021, About 5 years ago
Reply to the comment left by Mike in Worthing at 12/07/2021 – 15:01
thanks for your comprehensive reply 🙂 Just ordered copies of the actual leases for the parking spot and leasehold flat. Depending on what these say I will progress accordingly .