Lost sales because of high ground rent charges?

Lost sales because of high ground rent charges?

9:33 AM, 30th April 2025, About 2 weeks ago 12

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Hi, Folks, Over the last few years I have sold most of my rental properties situated in the suburbs of Birmingham. I am now left with two, twenty year old apartments in the same building which are both up for sale.

The ground rent had its ten year review last year calculated under the price index system and rose from £274 to £410 a year, which is higher than most apartments in the city centre of Birmingham. Consequently, I have lost two sales as the buyers’ lenders refused to lend.

Having done intense research over the last weeks, I find that ground rent over £250 per annum triggers an AST agreement between the resident and the freeholder. To be clear: if the resident missed ground rent payments, the freeholder can evict the resident under a Section 8, meaning that both the resident and lender would lose money.

Why an owner of a flat would stop paying their mere £410 a year ground rent (as opposed to their £2,000 service charge) is beyond me but this is the clause lenders are concerned with.

So I’m very annoyed that neither my selling agents or my solicitors picked up that this may be a problem when I first gave them the figurework for the flats.

I have found three ways to mitigate the problem:
1) The freeholders could give a promissory document saying they would not evict a resident for non payment of ground rent (but why would the freeholder do that?)
2) Get a Deed of Variation which is very expensive and can take months to complete and the freeholders do not have to agree with it
3) Take out an Indemnity Policy which is inexpensive and quick.

I having spoken to my freeholders and they will not write the letter and will not accept a Deed of Variation and are even asking for proof that I’ve had two sales fall through because of the ground rent charges.

So, my question to you lovely people is do you know of a solicitor who deals in indemnity policies that cover ground rent charges as I have googled it to death and cannot find anyone and all anyone says is find a cash buyer! But I can’t see how this would mitigate the problem for the buyer anyway.

It’s annoying that now new build flats are exempt from ground rent charges but they are still in place (seemingly with no regulation) for older flats.

Sue


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John Taylor

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10:46 AM, 30th April 2025, About 2 weeks ago

Are you in a position to buy a lease extension? That would fo away eirh ground rent completely.

Judith Wordsworth

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11:25 AM, 30th April 2025, About 2 weeks ago

To be honest, you were happy to purchase the properties knowing of the Ground Rent increment increases , and which would have been detailed in your solicitors Report on Title.

Non payment of ground rent has always been able to trigger legal action eg s146 - hence the clause "whether legally demanded or not" which saves the Freeholder from sending out Ground Rent demands for payment.

No one should ever withhold Ground Rent nor forget to pay it. Not that any Court could grant the Landlord (Freeholder) possession of the property, and lenders know this.

A Deed of Variation is not expensive, it's the solicitors fees that incur the costs, HMLR registration is only £40 too. It is also simple to do but the Freeholder will be losing out on annual income so hence they're not willing to do this.

Was your estate agent assisting your prospective buyers to obtain mortgages? Some will not raise as an issue some will. Get them to research those lenders who will not be bothered by Ground Rent increases.

Throwing in the towel LL

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12:30 PM, 30th April 2025, About 2 weeks ago

Reply to the comment left by John Taylor at 30/04/2025 - 10:46
I don't think I can buy a lease extension as the lease still has 120 years to run

Throwing in the towel LL

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12:34 PM, 30th April 2025, About 2 weeks ago

Reply to the comment left by Judith Wordsworth at 30/04/2025 - 11:25
And Deed of Variation can take months to go through and anyway the head leaseholder will not agree to it. It's a good idea for me to get on to my estate agent to prompt them into advising on mortgage providers. I agree that they should be more proactive.

John Taylor

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12:52 PM, 30th April 2025, About 2 weeks ago

Certainly you can buy a lease extension with 120 years left to run. There'd be virtually no marriage value so the cost would be pretty low. I put some figures into the lease-advice.org calculator (based on a value of flat of £250000) and it came back with £5000 plus costs. If you go down this route, find an experienced solicitor or specialist, I used a useless one and it was very long drawn out.

Kizzie

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13:54 PM, 30th April 2025, About 2 weeks ago

Ground Rent being contractual obligation is not a covenant that falls under scope of section 146.

The Freeholder (landlord) can initiate forfeiture without needing to serve a section 146 Notice.

Freeholder (landlord) named in the lease contract to the flat , not the immediate landlord subletting the flat who is responsible for ensuring their tenant complies with the lease.

Throwing in the towel LL

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15:10 PM, 30th April 2025, About 2 weeks ago

Reply to the comment left by John Taylor at 30/04/2025 - 12:52
I did the calculate and it came to £8,000 which I could not add to the price of my flat which is for sale at £155,000

Robert

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17:32 PM, 30th April 2025, About 2 weeks ago

Reply to the comment left by John Taylor at 30/04/2025 - 12:52I had the same problem and found that lease extension with zero ground rent is the correct solution. However, the solicitor told me that it would be best to wait for the Leasehold & Freehold Reform Bill, because it makes the lease extension a lot cheaper and quicker. I'm not sure if this is fully enacted yet. Perhaps someone else on here has clearer details about whether you can now go ahead with this. The company I'm wresting with is called Freehold Managers plc and they are going to make this as hard for me as possible so I want to wait for the new legislation before I start this.
Mine is also unsaleable because mortgage lenders will not touch it and cash buyers want to be able to sell it on.

John Taylor

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13:27 PM, 1st May 2025, About 2 weeks ago

Reply to the comment left by Robert at 30/04/2025 - 17:32
It was Freehold Managers I was dealing with, and they were as slow and stubborn as they could be. That's why it would've been worth me finding a specislist rather yhan my country town solicitor.

Jim K

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20:08 PM, 2nd May 2025, About 2 weeks ago

As a Freeholder
Rwf your point 2. You cannot only change one lease.
They all have to be.
Therefore the extension is the better route.

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