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Perpetual yearly rent charge

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  • Perpetual yearly rent charge

    Hope someone can help with this?

    I have lived in my house since 1976.
    Never had a demand for this rent until now.

    The demand from Linder Myers Solicitors says made payable by a conveyance dated 6th December 1898.

    Executors of Mrs Marjorie Wilkinson Dodd Rent owner under a conveyance of 24-12-1990
    I own the Freehold which I purchased in 2001 so I don't pay any Ground Rent and I know this is a separate charge.

    On the document from the Land Registry under Charges Register it states:-
    1.The land in this title is with other land subject to a perpetual yearly rent charge of £27.14s .0d created by a Conveyance dated 6 December 1898 made between
    (1) Mabel Newton Taylor and
    (2) Thomas Whitehead.

    The said Deed also contains covenants.
    NOTE: Abstract filed under LA127521.
    By the Conveyance dated 22 November 1933 referred to below the land conveyed was informally exonerated from this rent charge.

    2. (24.04.1986) LEASE dated 10 May 1929 for 999 years from 10 May 1929.
    Note : Lesee's title registered under under GM94593.

    3. The land in this title with other land is subject to a perpetual yearly rent charge of £8 created by a Conveyance dated 22 November 1933 made between !9 Joseph Warburton and William Albert Downs.

    The said Deed also contains covenants.
    NOTE: Copy filed under GM408242

    There is no mention of conveyance dated 24-12-1990.
    Bit long winded I know but any advice appreciated

    Also they are claiming arrears from 2012 to date.

    If this rent charge has been exonerated how is it payable?
    Tags: None

  • #2
    Originally posted by kpkkari54
    Hope someone can help with this?

    I have lived in my house since 1976.
    Never had a demand for this rent until now.

    The demand from Linder Myers Solicitors says made payable by a conveyance dated 6th December 1898.

    Executors of Mrs Marjorie Wilkinson Dodd Rent owner under a conveyance of 24-12-1990
    I own the Freehold which I purchased in 2001 so I don't pay any Ground Rent and I know this is a separate charge.

    On the document from the Land Registry under Charges Register it states:-
    1.The land in this title is with other land subject to a perpetual yearly rent charge of £27.14s .0d created by a Conveyance dated 6 December 1898 made between
    (1) Mabel Newton Taylor and
    (2) Thomas Whitehead.

    The said Deed also contains covenants.
    NOTE: Abstract filed under LA127521.
    By the Conveyance dated 22 November 1933 referred to below the land conveyed was informally exonerated from this rent charge.

    2. (24.04.1986) LEASE dated 10 May 1929 for 999 years from 10 May 1929.
    Note : Lesee's title registered under under GM94593.

    3. The land in this title with other land is subject to a perpetual yearly rent charge of £8 created by a Conveyance dated 22 November 1933 made between !9 Joseph Warburton and William Albert Downs.

    The said Deed also contains covenants.
    NOTE: Copy filed under GM408242

    There is no mention of conveyance dated 24-12-1990.
    Bit long winded I know but any advice appreciated

    Also they are claiming arrears from 2012 to date.

    If this rent charge has been exonerated how is it payable?

    For reference

    https://forums.moneysavingexpert.com....php?t=5880738

    https://www.consumeractiongroup.co.u...ead.php?489224

    Last edited by 45002; 12th August 2018, 19:17:PM.

    Comment


    • #3
      They can only claim back rent for 6 years, as for any outstanding debt.
      But if you don't pay within 40 days there are other steps they can take, Google Right of re entry

      Have you considered buying the charge out? https://www.gov.uk/guidance/rentchar...our-rentcharge

      Comment


      • #4
        Doesn't the conveyance dated 22 November 1929 override the one dated 6 December 1898.

        Comment


        • #5
          From the details you posted it seems it was "informally exonerated" by conveyance dated 22 Nov 1933, but by a further conveyance reinstated by a further conveyance for the lesser amount of £8.
          I would be thinking along the lines that the original land was subdivided in Nov 1933 and the yearly rent charge apportioned accordingly.
          How much are they asking for?
          If it is the greater amount ask them how they have calculated it viewing the 1933 conveyance

          It is such a comparatively small amount due,and the risks so great, I would be looking to pay within the 40 day time limit, and then to buy out the charge
          (which I believe will be abolished in about 15 years) and if you have overpaid claim back the overpayment.

          Comment

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