Ground rent on our leasehold flat is 始める,決める to 二塁打: Does it make it unsellable?

I'm in the 過程 of selling my leasehold flat that I 購入(する)d new in November 2015 using Help to Buy and a mortgage from 全国的な.

My 購入(する) price was £249,500 and unfortunately it is now only valued at £230,000 which is what I 現在/一般に have it under 申し込む/申し出 for - にもかかわらず making 非常に/多数の 改良s to the 所有物/資産/財産.

I paid off my Help to Buy 貸付金 in 2021 with cash and remortgaged the 所有物/資産/財産 in November 2022 with Santander.

I have now been told by my solicitor that my sale is in danger of 落ちるing through as my 買い手's mortgage 貸す人 (明示していない although 嫌疑者,容疑者/疑うd to be 全国的な) do not 許す a 条項 in the 賃貸し(する) (from home ground) where the ground rent (テニスなどの)ダブルス every 10 years as this doesn't 会合,会う the now 許容できる 必要物/必要条件 of 'peppercorn rent only.'

Leasehold nightmare: The buyer's mortgage lender won't accept a clause in the lease where the ground rent doubles every 10 years

Leasehold nightmare: The 買い手 's mortgage 貸す人 won't 受託する a 条項 in the 賃貸し(する) where the ground rent (テニスなどの)ダブルス every 10 years

During my time living here I have paid £250 per year rent and have just been 通知するd that from January 2024 this will be £500.

Please help. I 受託するd the 申し込む/申し出 on my 所有物/資産/財産 on 28 May and this has only just been identified.?

There is no chain to my sale and I have already 調印するd a tenancy 契約 for a new 賃貸しの home at nearly £2,000 per month and 絶対 cannot afford this 加える my 存在するing mortgage should the sale 崩壊(する).

Ed Magnus of This is Money replies: This would likely give anyone 推論する/理由 to panic.

Some leaseholders have 設立する themselves 罠にかける in homes with 増加するing ground rents - some which 二塁打 every 10 years and others that 増加する in line with the 小売 Price 索引, 現在/一般に 6.1 per cent.?

Fortunately, after その上の correspondence with you, we 設立するd the 賃貸し(する) 明言する/公表するs the ground rent will 増加する by £250 every 10 years - not 二塁打.

This is good news and will mean your ground rent doesn't have the 可能性のある to snowball from £250 to £500 to £1,000 to £2,000 to £4,000 to £8,000 over the next 50 years and so on.?

The £250 増加するs in the 未来 won't feel as 劇の either given インフレーション will erode the value of £250 over time.?

For example, 10 years ago, £178 will have 購入(する)d you typically the same 量 as £250 will get you today.

Leaseholders do not technically own the ground their property is built on, and as such many leases include a ground rent to be paid to the freeholder each year

Leaseholders do not technically own the ground their 所有物/資産/財産 is built on, and as such many 賃貸し(する)s 含む a ground rent to be paid to the freeholder each year

However, what 事柄s is whether this 明確な/細部 条項 wi ll be 受託するd by mortgage 貸す人s and mean your home is not (判決などを)下すd both unmortgageable and 潜在的に unsellable.

にもかかわらず you discovering the ground rent isn't in fact 二塁打ing every ten years, your solicitor has advised that this is still not 許容できる to your 買い手's mortgage 貸す人.?

Your solicitor has 示唆するd the 買い手 looks at using a different mortgage 貸す人 - but has also said there's no 保証(人) the 条項 will be 許容できる to other 貸す人s.?

ーに関して/ーの点でs of the tenancy 協定 you have now 調印するd, if you think your sale will be 延期するd, it would be 価値(がある) 接触するing the letting スパイ/執行官 or the landlord 直接/まっすぐに to see if you can either 延期する the start date or 取り消す the 接触する altogether.

If you explain to them what has happened, they might be 用意が出来ている to be understanding and reasonable, 特に if they are worried you will not be able to 支払う/賃金 the rent.?

Alternatively, you could look to let your 所有物/資産/財産 on a short-称する,呼ぶ/期間/用語 let to help you manage the short 落ちる. Albeit, be careful, as many 賃貸し(する)s also forbid short-称する,呼ぶ/期間/用語 lets.

For 専門家 advice on the 事柄 we sent our reader's 賃貸し(する) to?Clive Scrivener, a 借り切る/憲章d surveyor and Rics 登録(する)d valuer at Scrivener Tibbatts and a member of the 協会 of Leasehold Enfranchisement Practitioners (ALEP).

We also spoke to?Chris Sykes, technical director at mortgage 仲買人, 私的な 財政/金融 for their 専門家 mortgage advice.

What are your thoughts having read the 賃貸し(する)??

Clive Scrivener replies:?You 購入(する)d your flat when the 所有物/資産/財産 market was at its 高さ and its 落ちる i n value is not unusual

But you have done very 井戸/弁護士席 to 支払う/賃金 off your Help to Buy 貸付金 and to remortgage just before 利益/興味 率s rose.

You について言及するd that your 賃貸し(する) has a ground rent which (テニスなどの)ダブルス every 10 years. However, my review of your 賃貸し(する) shows that the ground rent in fact 増加するs by £250 per 年 every 10 years of the 称する,呼ぶ/期間/用語.

Clive Scrivener , a chartered surveyor and Rics registered valuer, says the management company has previously agreed informally to amend ground rent clauses which are now 'unmortgageable'

Clive Scrivener , a 借り切る/憲章d surveyor and Rics 登録(する)d valuer, says the 管理/経営 company has 以前 agreed 非公式に to 修正する ground rent 条項s which are now 'unmortgageable'

You might want to raise this with the solicitor that you used when you 購入(する)d the 所有物/資産/財産, as they should have made you aware of this 条項 and its possible 関わりあい/含蓄s.

貸す人s' 基準, like the market, has changed in the last 10 yea rs and many have changed their 基準 on ground rents. 特に those that have review periods under 20 years.

The 管理/経営 company, Homeground, have 以前 agreed 非公式に to 修正する ground rent 条項s which are now 'unmortgageable'.?

Homeground's website 確認するs they have done this on an 広い地所 where the 賃貸し(する)s were 初めは 認めるd by Countryside.?The new review to the rent would be a review linked to the RPI every 20 years of the 称する,呼ぶ/期間/用語.?

There is no 保証(人) they will agree to this on your 広い地所 and or whether they will 要求する you to 支払う/賃金 a 賞与金 value.?

In your 事例/患者 the developer was Persimmon Homes and Homeground may have a 類似の 協定 with them.

You 受託するd an 申し込む/申し出 in May but unfortunately have only just become aware of this 状況/情勢. This is something that your 現在の solicitor should, かもしれない, have flagged 早期に on.

What 選択s does our reader have??

Clive Scrivener replies:?You have a number of 選択s.

One, ask Homeground for a 行為 of Variation to the ground rent 条項 to be reviewed in line with the RPI every 20 years. This should be 許容できる for mortgage lending ? but check this with 全国的な.

Two, serve a Section 42 notice of (人命などを)奪う,主張する under the Leasehold 改革(する), 住宅 & 都市の 開発 行為/法令/行動する 1993 to 延長する the 賃貸し(する) by a その上の 90 years and have all ground r ents 減ずるd to a peppercorn.?

This will cost you in 料金s and also in the 賞与金 payable to Homeground, but it might be that you can pass these costs to your purchaser.

選択 three. 教える a solicitor to 調査/捜査する a 可能性のある 怠慢,過失 (人命などを)奪う,主張する against your conveyancing solicitor, as they might agree to cover the costs of a '93 行為/法令/行動する 賃貸し(する) 拡張. This could take some time, かもしれない years, though.

選択 four. Agree to sell the flat at a 割引 to 反映する the need to 消滅させる the ground rent.

All of the above is of course 支配する to review and 得るing professional advice from a 都合よく qualified surveyor and solicitor.

Is this 所有物/資産/財産 unmortgageable?

Chris Sykes replies: The norm as far as I understand is for ground rents to 増加する by an 索引, usually RPI every 10 years.?

From time-to-time we come across 問題/発行するs where the ground rents 二塁打, or the ground rents are 始める,決める to change on a 直す/買収する,八百長をするd 規模 every five years.

Mortgage expert: Chris Sykes thinks that some lenders will be happy to proceed with this ground rent clause

Mortgage 専門家: Chris Sykes thinks that some 貸す人s will be happy to proceed with this ground rent 条項

In this 事例/患者, where the ground rent 増加するs by £250 every ten years, there will be more lending 選択s 利用できる to your reader.?

After a 確かな 量 of time it's better to be 増加するing by £250 every 10 years than 二塁打ing every ten years.?

If it were to go up in line with RPI (インフレーション) for example, there is a greater chance of it 増加するing by a larger 量 over a 10 year period.

Not every 貸す人 will be happy with this 条項 however as it's a bit unusual, but I have seen 類似の 条項s in the past and I know of some 貸す人s that will be perfectly happy to 申し込む/申し出 a mortgage.?

However, it may be that they will want a 行為 of variation. If so, your freeholder might 潜在的に 受託する such a request.?

If this ground rent 条項 is 減らすing the value of the leasehold 所有物/資産/財産s within the 封鎖する they might be willing change the 条件 to 避ける this becoming a 行政 頭痛 with every 選び出す/独身 leaseholder.

What if the ground rent (テニスなどの)ダブルス every 10 years??

Chris Sykes replies:?Getting a mortgage becomes 特に difficult if the ground rent is 二塁打ing every 10 years.

I've seen 二塁打ing ground rent every 20 years not 存在 an 問題/発行する but every 10 seems a bit too extreme for 貸す人s.?

Where I have seen these 事例/患者s before it is 一般に the 事例/患者 that freeholders are now familiar that the flats ar e hard to sell or remortgage when the ground rents 二塁打 and they will 受託する a 行為 of variation (いつかs for a small 料金) to change these 条件 to a more 基準 称する,呼ぶ/期間/用語.

What is ground rent?

Leaseholders do not technically own the ground their 所有物/資産/財産 is built on, and as such many 賃貸し(する)s 含む a ground rent to be paid to the freeholder each year.

Homes that are sold as leasehold with a 'peppercorn rent' 効果的に means they have a very low rent that isn't 需要・要求するd or paid.?

However, most leaseholds are 支配する to a far higher ground rents. によれば Tayntons?Solicitors the 普通の/平均(する) ground rent is between £200 and £500 per 年.

Some leaseholders have 設立する themselves 罠にかける in homes with 増加するing ground rents - some with ground rents that 二塁打 every 10 years and others that 増加する in line with the 小売 Price 索引, 現在/一般に 6.1 per cent.

The Leasehold 改革(する) (Ground Rent) 行為/法令/行動する banned ground rent 存在 告発(する),告訴(する)/料金d on new 賃貸し(する)s on homes 購入(する)d after 30 June 2022. However, it doesn't 適用する to 存在するing 賃貸し(する)s.

It's possible the new Leasehold refrom 法案 introduced last month may 含む 範囲 for all 存在するing leaseholders to 潜在的に 削除する their ground rents.

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