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Hello, need advice re an Estate Rent Charge issue. I live on a development in Essex which started in the early 2000's and is still ongoing. My house in Phase One was built in 2005, we purchased it in 2015. It has now become apparent that the landowners have invoked an 'Estate Rent Charge' of £1.00 over the last two years. Initial explanations to residents were that this nothing to worry about and was to assist in the upkeep of the estate, even though we already pay a separate maintenance fee for this (£92.00 per quarter). Since been explained that this rent charge has gives some worrying legal powers to the landowner for non-payment, mortgage companies can refuse to take on such properties, and no obligation to even invoice us when not paid.
Having done some research my question is this - I have seen that there is cases of 'Adverse Possession' where rent charges have not been collected for a period of twelve years, but due to changes in legislation this has become a grey area after 2014. If I can prove that the land owner has not made any attempts / demanded / collected this rent between 2005 and and 2022, would this allow me to apply the 'adverse possession' rule, rather than having to pay out for a Deed of Variation???
Having done some research my question is this - I have seen that there is cases of 'Adverse Possession' where rent charges have not been collected for a period of twelve years, but due to changes in legislation this has become a grey area after 2014. If I can prove that the land owner has not made any attempts / demanded / collected this rent between 2005 and and 2022, would this allow me to apply the 'adverse possession' rule, rather than having to pay out for a Deed of Variation???
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