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[sgclacy]

The landlord In this case is a local authority and whilst looking for a full price are not known to draft clauses to trick lessees

if the OP is seeking a statutory claim and insist on that I don’t really see there is anything to fear -...

[sgclacy]

I would also add that there is something quite therapeutic about learning and achieving something which may help justify the relatively small reward for the work required - it may very well make you feel more confident about other challenges in life....

[sgclacy]

I take a differing stance from Andrew. Rather than visiting the Land Registry (there are not that many offices and as Andrew says there would be some travelling and time you could complete a form ID1. This will need to be signed off by a solicitor. Expect to pay around £150 plus VAT for them to do...

[sgclacy]

That is useful to remember but in this case the joint freeholder does not live at the property

In any transfer of property ie where A & B own a property and A wishes to sell to C the transfer will be A & B to B & C . Further if A wants to sell their interest to B then it would...

[sgclacy]

I don’t think that is correct - but if it is then it would also apply to your co owner . Therefore only one person is eligible to receive the notice In this case C and as noted above one lessee where there are less than 10 can be excluded

[sgclacy]

Lets call you A and your co freeholder (and the lessee of Flat 2) B and the lessee of Flat 3 we call C and the purchaser of your flat D

Firstly let us consider Section 5 of the Landlord and Tenant Act 1987


A landlord who has not served an offer notice on all of the qualifying...

[sgclacy]

I might have some ideas on this but please clarify

I am correct in thinking you own 1/3 of the freehold and one other 2/3

what is the term remaining on the lease the ground tent and approx value of the flats...

[sgclacy]

I agree with DCAAA, although most lessees are aware that as a lease gets into the 70/80 years remaining a cost is brewing up

But it is not the obligation of the developer to do this and the fact it has not been disclosed is not their fault as there is no legal requirement at present to...

[sgclacy]

Really ! .....so the terms of the rent are shown clearly in the lease - the lessee is represented by a solicitor and a surveyor - the process takes two to three months to go through - ground rents have existed for centuries and you believe that such terms can be construed as being covered by the unfair...

[sgclacy]

The ground rent is for no service. The lease makes that patently clear as all services are funded from the service charge.

it is of course a liability on the property a clause disclosed in the conveyancing process in which the lessee is professionally represented throughout. An integral...

[sgclacy]

Send me a PM and I will send you a spreadsheet model which deals with rising ground rents

1) If the rent is capitalised at 6% and the reversion at 5% then £15.7K would be my answer. If you are confident on the flats value then my answer would be right to within a few hundred pounds either...

[sgclacy]

The ground rent of £250- £450 is most certainly not a major financial outgoing. The average first time buyer pays mortgage interest at a far far higher amount than the ground rent

It is a storm in a tea cup (aside from 10 year doublers)

It is irrelevant whether the overall...

[sgclacy]

Many believe that existing ground rents over £250 should be capped - leaving aside any future reviews it is a ridiculous suggestion - surely anyone buying a flat with a solicitor and a surveyor advising throughout should at the very least appreciate what the initial rent is - to argue that somehow...

[sgclacy]

The state pension rises on a compound basis to the RPI or if higher average earnings

it is a perfectly reasonable request to have a rent keep pace with the RPI and to do so it compounds - it’s comlmwfy logical for it to do so

ground rent really is a side show ( aside from...

[sgclacy]

If you read my post carefully I stated that some people were advancing the argument that ground rent was making them feel suicidal .

I am fully aware that there are issues on management/service charges which have caused a great deal of distress, but I have seen articles where it is suggested...

[sgclacy]

The ground rent debate has reached levels of near hysteria

I as a landlord was asked and entered into a deed of variation to lower a ground rent of £250 per annum to £233 per annum so that the rent did not exceed 0.1% of the value of the flat.

A ground rent which rises every...

[sgclacy]

Ground rents were NOT token sums years ago

There are swaths of leasehold houses built in the 1890/1900 on 999 year leases where the rent is say £1 per year (indeed a near peppercorn by todays standards) but in those days a £1 was equivalent to around 1 weeks gross earning of a man doing...

[sgclacy]

I do feel that there is a near hysteria over ground rents.

Ground rent is part of the overall consideration. The developer sets out the deal of a premium of £X and a regular ground rent stream of £YY per annum. The ground rent is for no service which is clear from the lease and therefore...

[sgclacy]

Notice fo assignment and charge still needs to be served on the freeholder as he is the collector of the ground rent and needs to know of changes in the lessees. If the RTM company send a copy of the notice onto the landlord they will still need to serve it with a fee on the lessees behalf to cover...

[sgclacy]

Your time is clearly not without value and you need to move forward.

I would suggest you make an offer and address it both to the liquidator and mortgage offering 15 YP each side bearing its own costs. Unless any of the lease terms are below 100 years this is a wholly reasonable offer...