View Full Version : Can lessee challenge amount of ground rent?
hypotheticalmonkey
25-01-2009, 21:31 PM
hi, if I believe the ground rent charge detailed in the Lease is disproportionate/unfair, is there a legal course of action to officially question it? does it have to be justified? can i ask what it is used for? is it covered by the "unfair contract terms" legislation?
thanks
jeffrey
26-01-2009, 10:58 AM
hi, if I believe the ground rent charge detailed in the Lease is disproportionate/unfair, is there a legal course of action to officially question it? does it have to be justified? can i ask what it is used for? is it covered by the "unfair contract terms" legislation?
No, the rent is binding and unchallengeable. Remedy: if one doesn't like the lease's contents, do not buy it.
However, is your query actually about:
a. the rent itself; or
b. a rent escalator/increase clause?
hypotheticalmonkey
26-01-2009, 16:47 PM
hi Jeffrey - it is questioning the rent amount itself. A separate service charge is paid to a different company, part of which is used to pay the insurance for the whole block. However this appears to be the only thing the ground rent charge is intended for (paying the insurance). So it seems a little odd (unfair) to be paying twice for the same thing?
is there no obligation to detail what the ground rent is used for, by the company that collects it? the company that collects the service charge provide a detailed breakdown of what the money is used for.
thanks,
HM
Poppy
26-01-2009, 17:03 PM
What is the amount of "ground rent" specified in your lease? That is what you should pay.
What the landlord does with the ground rent is not your concern.
jeffrey
26-01-2009, 17:04 PM
What is the amount of "ground rent" specified in your lease? That is what you should pay.
What the landlord does with the ground rent is not your concern.
I agree. Ground rent is pure profit for L. Service Charge is reimbursement for L's service costs. The two are entirely distinct.
hypotheticalmonkey
26-01-2009, 17:54 PM
what legislation covers the ground rent and how much it can be? or how much it can be increased by? is there no control at all? just seems odd in this day and age where everything is restricted by some rule or regulation
ground rent is paid for the priveledge of having your property on the freeholders land and therefore it is a straightforward transaction that is clearly outlined in the lease. The ground is not yours and therefore you pay the person who owns this to use it.
The alternative is to take your flat somewhere else :rolleyes:
Poppy
26-01-2009, 20:21 PM
No VikG, you're forgetting that the flat is actually leased for a period of time.
Hypotheticalmonkey, the ground rent is as stated in the lease that you willingly signed. If you do not want to pay it, I suggest that you buy a freehold property.
andydd
27-01-2009, 07:26 AM
what legislation covers the ground rent and how much it can be? or how much it can be increased by? is there no control at all? just seems odd in this day and age where everything is restricted by some rule or regulation
The amount of ground rent (and any formula for raising it) should be clearly laid out within your lease, because of this I believe there is very little legislation covereing it, ground rent is normally quite a low amount.
I have had slight problems in that I have been charged £75 p.a. and when I read the lease it quoted £30, on questioning this I was told a previous deed of varaiation had changed this amount, it was only many years later and deeper investigation that showed there was a deed of variation but it had no mention of this change.
Is your problem with the amount or any formula raising it ?
Andy
jeffrey
27-01-2009, 09:27 AM
I have had slight problems in that I have been charged £75 p.a. and when I read the lease it quoted £30, on questioning this I was told a previous deed of varaiation had changed this amount, it was only many years later and deeper investigation that showed there was a deed of variation but it had no mention of this change.
1. If the Deed of Variation did not mention any change in ground rent, it follows that there is no such change!
2. If the lease is registered at HMLR, a Deed of Variation has no legal effect at all unless it too is registered against the leasehold title (and, where applicable, against the reversionary title).
andydd
27-01-2009, 21:40 PM
1. If the Deed of Variation did not mention any change in ground rent, it follows that there is no such change!
2. If the lease is registered at HMLR, a Deed of Variation has no legal effect at all unless it too is registered against the leasehold title (and, where applicable, against the reversionary title).
Thanks. I'm not sure what has been going on but it appears that the L contemplated this increase in ground rent but it was never acted upon, agreed or registered. It would of been 14 years ago about 6 months after my brother and I bought the property but neither of us can remember anything about it. The L has promised to 'visit the solicitors archives' but this was in September so he's taking it slowly, as mentioned in another thread I'm still waiting for this years demand and I'm curious as to the amount he will ask for.
I will be due for a ground rent increase on my flat in london. The rent review clause in my lease states that it will be 9 1/728th of the 'rental value'
but i understand that it may be that i will be asked for more then that (most of the other lessees in my block have bought their lease extension (and consequently they will pay peppercorn rent).
Unlike them i have no reason to do this, but i do not want to pay more then i need obviously for the ground rent...
How do i dispute the amount they suggest if i need to? Can you advise a solicitor? Will advice cost a lot?
At present i am charged about 1000 pounds a year for ground rent. It is increased every 21 years, and up for this in december of 2009.
I am told it may go up to 3000 pounds.
I had an agent estimate the value of theflat in april 2008, and he would expect that i could get a rent of 400 pounds a week. Is this the rental amount from which the calculation is made?
Is this amount (which depends obviously on the estate agent you use to estimate), basically the amount which is discussed ?
It seems to me that as the figure of 9 1/728th is clearly set out - the only discussion must be on the weekly rental amount.....
??
I would be most grateful for assistance, as i know nothing about any of these matters...
jeffrey
09-03-2009, 08:39 AM
MJG: serve a s.42 Notice [1993 Act] which, besides leading to a new lease adding 90yrs. to term, reduces ground rent to peppercorn.
Sorry i don't know what the s 42 notice is.
I am not interested in extending the lease 90 years, as this has cost 70.000 pounds to the other lessees!
I just want to know what to do if i need to contest amount of ground rent (believe one has to get a 'valuer' in, is that right?
Where do i get a 'valuer' - can you advise?
Many thanks
jeffrey
09-03-2009, 09:00 AM
Sorry i don't know what the s 42 notice is.
I am not interested in extending the lease 90 years, as this has cost 70.000 pounds to the other lessees!
I just want to know what to do if i need to contest amount of ground rent (believe one has to get a 'valuer' in, is that right?
Where do i get a 'valuer' - can you advise?
1. Re s.42 Notice; Do an LZ search to find out more.
2. No, re the rest: if the rent increases in accordance with the lease, you have no right of challenge. Did your solicitor not explain the effect of this escalator clause before you exchanged contracts?
Many thanks for reply.
I bought my flat in 1975.
I understand that i can't challenge increase if in accordance with agreed clause in lease
but how is the rent price calculated - from which the fraction for ground rent is calculated
i believe they have a 'valuer' but i also need to get a valuer if i think they are calculating from an unreasonable amount?
I just need to know how to get advice as to
1 whether i have to get separate advice anyway -
2 where to get a 'valuer' if that is what i need? Or is it a solicitor? And if so, also advice where and how to find?
Sorry for so many questions but i am very lost in this procedure
there are only four or five of us in a block of 35 flats who have not extended their lease, and who will be in the same position as i am
Markonee1
09-03-2009, 16:15 PM
Is that 9 and 1/728th or 91/728th times the rental?
Does the lease give you more details of rental period?
How long remaining on the lease?
I deduce that leases are running out of time, which is why the premium for extension is so high.
Remember with shorter time remaining, freeholder's asset grows, and your lease value dwindles.
If you are not planning on moving or have no-one to pass the asset on to, then I understand not wanting to bother with the expense of a lease extension.
Thank you so much for replying - at last someone who understands exactly my position - I am not planning on moving, and there is noone for me to leave flat to... that is why i didn't want to spend 70.000 pounds on lease extension, as the 57 years left will easily see me out!
I would be so grateful if you or anyone else who knows the answer, could answer me - as to what I have to do when the rent increase comes up - do I need a surveyor, a solicitor, a valuer?
Advice as to how to find the right person if that is the case.
Do I need one even if the increase seems of the right amount, or only if it seems exaggeratedly high, in which case logically it is the rental value of the flat which one contests, as it is from this that the calculation has to be made. Who do I get to tell me the rental value of the flat to have a legal opinion?
Many thanks in advance
Oh sorry, I see I didn't reply to your first question, it is indeed 91/728th times the rental
Markonee1
09-03-2009, 19:20 PM
Oh sorry, I see I didn't reply to your first question, it is indeed 91/728th times the rental
So in layman's terms thats 12.5%.
I assume that as the groundrent is annual, then it will be linked to the annual equivalent current rents , so 400 x 52 = £20800 and thus £2600 would be arguebly [sp] the ballpark new ground rent.
£500 per wk would equate to £3250 GR.
Not sure if you wish to challenge; whether it's the knowledge of an accountant/estate agent, or other dog's body required.
Personally, I'd hunt through the local paper to collate some evidence.
It could be that the £3000 is not that far off in which case paying for some middle man to tell you what you already worked out for yourself is like stepping on your own foot and complaining ;o]
Make yourself a pot of tea and put your feet up when you've satisfied yourself one way or the other...
This is all guess work and I know nothing of course :D
WakeyWakey
10-03-2009, 00:10 AM
The rent review clause in my lease states that it will be 9 1/728th of the 'rental value'
What, precisely, does the rent review clause say? Does it, for example, say "...as determined by the freeholder's surveyor...". Any right to appeal the review, if such a right exists, will be explained in your lease. Otherwise there is no appeal.
What Jeffrey has told you is not what you want to hear but it is, I believe, correct. It sounds to me that you would might need to talk to a solicitor face to face and have him or her explain to you that the ground rent review will be carried out by the freeholder on the date specified in your lease and the only options you have are (as already stated) to either pay the new ground rent or claim a new lease now with no ground rent (which you have said that you do not want). Failure by you to pay the new rent could result in the freeholder starting repossesion procedures as the sum involved exceed £350.
sgclacy
10-03-2009, 11:57 AM
What, precisely, does the rent review clause say? Does it, for example, say "...as determined by the freeholder's surveyor...". Any right to appeal the review, if such a right exists, will be explained in your lease. Otherwise there is no appeal.
What Jeffrey has told you is not what you want to hear but it is, I believe, correct. It sounds to me that you would might need to talk to a solicitor face to face and have him or her explain to you that the ground rent review will be carried out by the freeholder on the date specified in your lease and the only options you have are (as already stated) to either pay the new ground rent or claim a new lease now with no ground rent (which you have said that you do not want). Failure by you to pay the new rent could result in the freeholder starting repossesion procedures as the sum involved exceed £350.
If the ground rent review is not subject to any right of appeal etc then as Wakey Wakey states apply for a lease extentsion before the new rent kicks in and the whole matter of the new rent will in effect be subject to a review by the LVT as they would have to estimate the new rent inorder to determine the premium.
WakeyWakey
10-03-2009, 22:12 PM
...apply for a lease extentsion before the new rent kicks in and the whole matter of the new rent will in effect be subject to a review by the LVT as they would have to estimate the new rent inorder to determine the premium.
It is correct that the LVT estimate of ground rent will be needed to determine the price (premium) of a new lease. MJG does need to understand that the LVT's estimate is only binding in the context of a new lease. If no lease is completed the LVT estimate of new ground rent is not binding on the freeholder when carrying the rent review. The LVT is only useful to MJG if he or she intends to purchase a new lease now.
Markonee1
10-03-2009, 22:22 PM
All he wants is an answer to the simple question, does the groundrent rise seem within the realm of reasonableness based on the 12.5% stated in his lease [not sure why I'm assuming a 'he' ;o], and not the last resort litigation route taken up first, which would engulf any savings that may or may not be there:rolleyes:
WakeyWakey
10-03-2009, 22:59 PM
All he wants is an answer to the simple question, does the groundrent rise seem within the realm of reasonableness based on the 12.5% stated in his lease [not sure why I'm assuming a 'he' ;o], and not the last resort litigation route taken up first, which would engulf any savings that may or may not be there:rolleyes:
You're right about MJG just wanting a simple answer Markonee1. I suspect he may have now fled the forum, screaming! Sorry, MJG! I think that everything that can be said has been said.
Markonee1
11-03-2009, 13:39 PM
You're right about MJG just wanting a simple answer Markonee1. I suspect he may have now fled the forum, screaming! Sorry, MJG! I think that everything that can be said has been said.
What he needs is a dependant to leave the residue to...
I'll hold my hand up ;o]...
My parent's are comfortably off but I'll probably not see much of it. What I get for my birthday is a pair of socks and for Christmas 'as new' shirts from the charity shop, my mother helps at.
Last Christmas she took the shirts back, as I moaned about the colour of one of them :D...
jeffrey
11-03-2009, 13:41 PM
You're right about MJG just wanting a simple answer Markonee1. I suspect he may have now fled the forum, screaming! Sorry, MJG! I think that everything that can be said has been said.
Yes. Was my last reply [see below] not simple enough?
If the rent increases in accordance with the lease, you have no right of challenge. Did your solicitor not explain the effect of this escalator clause before you exchanged contracts?
Markonee1
11-03-2009, 14:00 PM
Quote:
Originally Posted by WakeyWakey
You're right about MJG just wanting a simple answer Markonee1. I suspect he may have now fled the forum, screaming! Sorry, MJG! I think that everything that can be said has been said.
J said:
Yes. Was my last reply [see below] not simple enough?
Quote:
Originally Posted by jeffrey
If the rent increases in accordance with the lease, you have no right of challenge. Did your solicitor not explain the effect of this escalator clause before you exchanged contracts?
Was it not simply the case that MJG wanted help in understanding the basis of the figure they were quoting, and whose rental value was being used?
Surely challengable if based on £450 per week, when Tom, Dick and Harry all in the same block only actually rent out for £350 per week?
jeffrey
11-03-2009, 14:17 PM
(Sigh) All that L has to do is to comply precisely with the lease. Here, that is based on 'rental value' which the lease ought to define.
WakeyWakey
12-03-2009, 09:46 AM
I knew that saying sorry was a bad idea!
I think and there is a gap between the two arguments which I am genuinely interested in understanding:-
1) "Surely challengable (sic)..."
v.
2) "All that L has to do is to comply precisely with the lease" and "If the rent increases in accordance with the lease, you have no right of challenge"
There can be no challenge unless the lease species an appeal route. But the landlord (wilfully or otherwise) may fail to comply with the lease. The rent review clause may be subject to different interpretations, say.
Assume, for the sake of argument, that landlord has used a rental value that is 10x the reasonable value. Legally, what remedy would a lessee have to challenge the landlord's interpretation of a rent review clause and how would one go about this?
Markonee1
12-03-2009, 22:57 PM
Just so that I can be as wise as our resident sage, I'm unclear about this lease compliance stuff...
Certainly where a long lease refers to a particular groundrent figure eg £100, back in it's creation and gives definite rises for instance doubling every 20 years, then that is not open to interpretation.
Where it is based on something fluctuating and disparate, such as rental values, surely that is open to appeal; whether, or not, it's quoted as being down to the freeholder's surveyor etc.
If it is being based on London/Mayfair rents, whilst the property actually resides in Silvertown; [assuming that place still exists, as I last passed through there 25 years ago when skinheads roamed:eek:].
Ambiguous Leases cannot be any less interpretable than Ambiguous Statutes, which bunglers create...
WakeyWakey
13-03-2009, 11:02 AM
...surely that is open to appeal...
I know of opinion from Counsel that such clauses are without appeal unless the lease states an appropriate mechanism. You may have faith that the law protect people from "bad things" but a lease is a contract traded or entered into by both parties of their own free will and cannot be undone because one side later decides that they no longer like it. I have leases with ground rents of a few guineas a year for the whole term which I would love to appeal but I knew that these could not be changed unilaterally when I took them on.
I wanted to understand what the legal mechanism is to deal with a ground rent review "if the landlord fails to comply precisely with the lease". Does anyone have the necessary knowledge or experience to advise me?
Markonee1
13-03-2009, 21:15 PM
I know of opinion from Counsel that such clauses are without appeal unless the lease states an appropriate mechanism. You may have faith that the law protect people from "bad things" but a lease is a contract traded or entered into by both parties of their own free will and cannot be undone because one side later decides that they no longer like it. I have leases with ground rents of a few guineas a year for the whole term which I would love to appeal but I knew that these could not be changed unilaterally when I took them on.
I wanted to understand what the legal mechanism is to deal with a ground rent review "if the landlord fails to comply precisely with the lease". Does anyone have the necessary knowledge or experience to advise me?
Maybe I'm not wording my own question very clearly. I understand the binding contract aspect of a lease, my own lease being stuck with £7.50 per annum for 900 years, and 1 guinea for transfer permission.
I assume this rack rent or what ever it's called must specify somewhere who takes which rental value to dertermine rent. The more vague the rules are, I'm sure the the LVT can step in and determine what is a reasonable rent for which the 12.5% is to be applied. Just like they do where insurance premiums are not even vaguely inline with general levels... or am I wrong there too:confused:
jeffrey
16-03-2009, 15:09 PM
MJG: after post #21, did you ever set-out the exact text of the rent increase clause? If not, please do.
That clause should at least provide a mechanism- without which perhaps it's so vaguely worded that it cannot have legal effect.
kikuyu
16-03-2009, 20:25 PM
So in layman's terms thats 12.5%.
I assume that as the groundrent is annual, then it will be linked to the annual equivalent current rents , so 400 x 52 = £20800 and thus £2600 would be arguebly [sp] the ballpark new ground rent.
£500 per wk would equate to £3250 GR.
Not sure if you wish to challenge; whether it's the knowledge of an accountant/estate agent, or other dog's body required.
Personally, I'd hunt through the local paper to collate some evidence.
It could be that the £3000 is not that far off in which case paying for some middle man to tell you what you already worked out for yourself is like stepping on your own foot and complaining ;o]
Make yourself a pot of tea and put your feet up when you've satisfied yourself one way or the other...
This is all guess work and I know nothing of course :D
The above is not correct in my opinion.
What needs to be assessed in the first place, before the individual ground rents are worked out, is the present day yearly rental value of the ground on which the building stands. There are numerous ways of deriving this modern ground rent, i.e. by looking at comparables of sale of sites in the area for development, residual method for valuing a site, comparison with other modern ground rents etc. etc.
What you will require is the service of a valuer, preferably a good Chartered Surveyor familar with carrying out such work.
1.How many of the 8 flats (I take it that this is correct) have had their leases extended?
2. If these leases were extended under the provisions of the 1993 Act then they will be paying no ground rent. So if say 6 flats have had their leases extended then only the remaining 2 of you will be liable to pay the revised GR but your proportion should still be 1/8th each.
Ground rents do not normally have any direct relationship with the letting value of the flat.
Many thanks to those who have posted replies to my query.
What needs to be assessed in the first place, before the individual ground rents are worked out, is the present day yearly rental value of the ground on which the building stands. There are numerous ways of deriving this modern ground rent, i.e. by looking at comparables of sale of sites in the area for development, residual method for valuing a site, comparison with other modern ground rents etc. etc.
What you will require is the service of a valuer, preferably a good Chartered Surveyor familar with carrying out such work.
1.How many of the 8 flats (I take it that this is correct) have had their leases extended?
2. If these leases were extended under the provisions of the 1993 Act then they will be paying no ground rent. So if say 6 flats have had their leases extended then only the remaining 2 of you will be liable to pay the revised GR but your proportion should still be 1/8th each.
Ground rents do not normally have any direct relationship with the letting value of the flat.
You are right, what I wanted to know is what channels I have to challenge the premise (that is the present rental value of the flat) from which the rise in ground rent is calculated.
I did not realize that it is not related to the value of renting out the flat - but of the rental (?!) value of that part of the building which is my flat....
And yes, you have explained that I need a 'valuer', chartered surveyor - can you tell me how best to find someone? I have no idea - through internet?
There are 36 flats - and all but 3 or 4 have extended their lease.
Ah NO - I have just looked at th original lease - and THIS is what it says:
A In consideration of --- pounds, paid be the tenant to the lessor and of the rent on covenants on the part of the tenant and conditions hereinafter reserved and contained the lessor HEREBY DEMISES unto thetenant ALL THAT the poperly specified in the Second Schedule hereto (hereinafter called 'te demised pemise') together with the rights specifie in the Thrid Schedule hereto except and rewevering the rights specified in the Fouthe Schedule hereto TO HOLD unto the tenant from the 26t5th day of December 1967 for the term on finety nine years (less the last fifteen days thereof) subject to the burden of the covenants or agreementsaleradyentered into be the lessor with the tenants of any other flat in the tower for the obsrevance of the said refulations YIELDING AND PAYING therefor during the first twenty one years of the said term hereby granted the yearlyrent of Nintely on pounds and therearter during the remainder of the said term or such other yearly rent to be paid by equal half yeary payments in advance on the Twenty fourth day of June and the Twenty fifth day of December in evey year
B (i) The expressin 'rntal value' for the purposes of this lease shall mean the rent at whic the demised premises are reasonably wrth to be let in the open market by a willing lessor with vacant possession and as a whole for the resiue of the term hereby granted outstading at any relevant date in rspect of which rental value falls to be agreed or determined pursuant to Clause 1B (iv) hereof without taking a fine or premiium and upon the terms of this Lease (except as regards rent) there being disregarded
(a any effect on rent of any tenant's fixtures or fittinginstalled in the emised premises by any occupying tenant or of any improvement carried out to the demised premises otherwise than in pursuance of any obligation under this Lease and
(b any effect on rent of the fact that the lessee or any tenant has been in occupation of the emised premises
(ii) The lessor's rent fraction for the purposes of this lease shall be ther frction of which the numerator shall be 91 pounds and the denominator shall 728 pounds
(iii) For the purposes of this lase the term hereby granted shall be difiided into the follwoing periods namely "
FIRST PERIOD - for 25th day of December 1967 to the expiration of the 21st year> SECOND PERIOD from the date of the commencement of the 22nd year to the expiration of the 42nd year: THIRD PERIOD from the date of the commencement of th 43rd year to the expiration of the 63rd year: FOURTH PERIOD - from the commencement of the 64th year to the expiration of the 84th year: FIFTH PERIOD - from the commencement of the 85th year to the expv)iration of the term hereby granted (and so that for the pruposes of this subclause the said term shall be deemed to have commenced on the Twenty fifth day of December 1967
(iv) As soon as may be after the expiration of the 1st 2nd 3rd 4th period respectively the rental value at such expiration shall be agreed betwen the lessor and the tenant or determined as hereinafter provided and the yerly rent payable under this lease in respect of the period which immediately succeeds such expiration shall be the lessor's rent fraction multiplied by such rental value at such expirato or the rent payable under this Lease immeditly before such expiration whichever is the greater
(v) FOr the prupose o calcualting the amount of rent provided for under this subclause the rental value at any relevant date shall be the amount as mutually agreed bvetween a valuer appointed by the lessor and a valuer appointed by the tenant ofr in case of disagremment theron between such respective valurs or ir in case of default by either party n appointing a valuer to agree such rental value witin one month after being so requested the mtter shall be referred at the joint expense of the parties and at the instanceof eiher pary to the valuation of a third valuer to be agree upon between the parties hereto or failing agreement to be chosen by the Preeident for the time being of the RI CS and such third valuer shall as an expert an not as an arbetrator and accordingly the Arbitration Act 1950 shall not apply
WHHEEEEEWW.... So basically I need a valuer quick... as presumably this all needs to happen before the end of 2009 -
One more thing, I gather this lease is now redundant, since now the leases on all the flats have been extended - and that of us who have not bought their extended lease, has been bought by the other leaseholders.
So I suppose, although nothing was supposed to alter as to future ground rent payable, I should check the new lease which the present extended leaseholders own - the block is now belonging to them if I undersatnd correctly....
HELP!!!!!
jeffrey
17-03-2009, 09:06 AM
Now we can see what the rules are: much better. Yes- you need to appoint a valuer, to negotiate with L's.
Yes - please can you tell me how I find a good valuer - that has been my question all along.
So, as I read the lease - it means that it is the fraction of the rental (as in letting value) of the flat without any furniture - is that correct?
Is it a sollicitor or an estate agent who tells one that? Or is a 'valuer' the name of someone with specific qualifications?
I don't have a solicitor or anything like that - only a tax accountant.
I need advice as to how to get the best possible valuer or whatever he or she may be called.
Also I would love to know how much this exercise will cost me approximately - getting a valuer to value my flat and write whatever needs to be written for my side.
My other question now is, as I believe the lease has now been rewritten - to make it simpler, is it possible that some of these rules re ground rent can have been changed - and if so, is that legal?
Many thanks for all your help
WakeyWakey
17-03-2009, 21:59 PM
It is great that you have now read your lease thoroughly and understood the appeal process written into it. We can sense how excited you are by the discovery!
Valuers are also called surveyors. Qualified surveyors belong to the Royal Institite of Chartered Surveyors, also known as RICS. Their website is www.rics.org and you can look up members in your area that deal with residential property. Good luck.
Markonee1
17-03-2009, 22:14 PM
So,
It looks to me like the groundrent IS based on the letting rent. It is also based on the equivalent of your flat being empty and not being treated as having an 'effectively' sitting tenant as you are.
Note that it's 12.5% and note that both you and the freeholder are entitled to get separate valuers who can come to mutually agreed rent.
Also note that if either of you do not get a valuer, or they cannot agree, then there is the option of getting an independant valuer, the costs of whom is to be shared. Thus if you disagree with the valuation, but do not bother with a valuer, then the freeholder will have to share the additional costs of the independant valuer, and so it's in the freeholder's interests to get you to agree, and thus explain how he comes to his figure.
If you know what the comparable rents are around you, then work out 12.5% of the annual figure. If that figure matches what the freeholder wants, or there abouts then make yourself that cup of tea and relax.
Your lease cannot be replaced, unless you agree to it or you default. Going into dispute with freeholder does not put you in default for the duration of the dispute IIRC.
Any alteration not proved to be rectification of a defect, and that which would be detrimental to you, has to be paid for by those who wish to remove that piece of your asset [I believe]
jeffrey
18-03-2009, 09:11 AM
Valuers are also called surveyors.
No, they aren't.
'Valuer' is an unqualified role. Anyone can use the term.
'Surveyor' is a professional role. Only those with appropriate qualifications can use the term- just as for solicitors/auditors/etc.
kikuyu
18-03-2009, 15:23 PM
It is great that you have now read your lease thoroughly and understood the appeal process written into it. We can sense how excited you are by the discovery!
Valuers are also called surveyors. Qualified surveyors belong to the Royal Institite of Chartered Surveyors, also known as RICS. Their website is www.rics.org and you can look up members in your area that deal with residential property. Good luck.
What's is a name?
If someone higher up in the RICS reads this they will be cursing you. These snobs don't like the name of their elite society maligned. They are called:
The Royal INSTITUTION of Chartered Surveyors.
Many moons ago, a friend of mine was hauled before the members of RICS as in his dissertation he had described them as an Institute rather then an INSTITUTION.
WakeyWakey
18-03-2009, 19:13 PM
There you go MJG. As well as Long Leasehold advice, you can also get guidance here on spelling, semantics and smugness:)
jeffrey
19-03-2009, 09:52 AM
There you go MJG. As well as Long Leasehold advice, you can also get guidance here on spelling, semantics and smugness:)
Perhaps you mean 'on accuracy'? Example: try sending e-mail to an only slight mis-spelled e-mail address, and see how far you get.
kikuyu
19-03-2009, 11:55 AM
Perhaps you mean 'on accuracy'? Example: try sending e-mail to an only slight mis-spelled e-mail address, and see how far you get.
Thank you. Very succinct and to the point.
Only a well-heeled solicitor can do so.
jeffrey
19-03-2009, 14:37 PM
Thank you. Very succinct and to the point.
Only a well-heeled solicitor can do so.
If I see any, I'll let them know.
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