Peppercorn Ground Rent Definition
If you own a lease or even some houses, by way of a long lease or virtual freehold you are probably required to pay something to the landlord. This payment is sometimes split into three chunks, namely (i) the ground rent, (ii) the insurance premium, and (iii) money towards maintenance. Failure to pay any one of these charges can, eventually, lead to serious consequences including the loss of your leasehold interest!
Payments made to the landlord, his managing agent, and/or the building’s maintenance fund are set either in the lease or through a mechanism set out in the lease. The ground rent is usually fairly low, perhaps £50 per annum. In many instances, this ground rent may never be demanded or it may be inconsequential.
It’s not unusual for a long lease to have a rent payable equivalent to just one peppercorn! This is merely there to illustrate that something is paid in rent, which is required for a lease to exist. In such cases, the rent (or consideration) is known as peppercorn rent and will not be demanded by the landlord.
Peppercorn rents are common where long leases exist. They should not be confused with more significant ground rents or sinking funds and insurance rents.
What is the meaning of Ground Rent and Maintenance Charges in the UK?
If you own a Freehold interest in your property then you have escaped the responsibility of paying rent! You have a fairly absolute right to occupy and use the property as you so wish, subject to planning and environmental law, any mortgage arrangements you might have made, and criminal law.
Many people think that when you buy a property you always buy the Freehold but this is not the case.
Many properties, especially flats, are not sold to occupiers ‘Freehold’ but instead by way of a long leasehold interest. This is usually 99 years to 999 years but to some extent, this is of little relevance as most owners of residential property also have the legal right to either extend their lease or buy their Freehold (in the case of a house) or extend the lease and buy a proportion of the Freehold of the entire apartment building in the case of a flat should they so wish.
Many properties are sold leasehold and subject to a ‘peppercorn rent’. This is effectively a notional rent that isn’t demanded or paid. It is purely a legal requirement of any contract (i.e. the payment of consideration). The reasons for selling leasehold can be varied, but in many cases, it is so that the owners of housing are protected from anti-social behaviour by their neighbours. Restrictions on external decor, maintaining gardens, and restrictions on parking caravans and commercial vehicles on driveways. All these things might be included in the lease of your new leasehold home. Your solicitor should advise you on this when you are making your purchase.
However, some occupiers of flats and houses will be required to pay more than a peppercorn in Ground Rent. This is usually a small amount of money paid annually, but it can be any amount, dependent on the terms of the ground lease. In simple terms, you still own the rights to occupy the building, alter and amend it, sell it or mortgage it, subject to the terms of the lease, in return for the payment of a ground rent.
This rent might be just £99 per annum in which case the leasehold interest you own is still likely to be relatively valuable. After all, how much would you pay to be in a house for £2 per week and still have the ability to sell your interest at any time? But if your lease has only 30 years or so left to run, you might find selling it or remortgaging the property difficult. This is where legal advice should be sought so that you can determine what rights may exist to extend the lease or buy the Freehold.
If a ground rent is payable then you must make sure you pay it. Failure to do so is a breach of your lease terms. You should also be aware that Ground Rent is not the same as an insurance rent or service charge which relates to services rendered by the owner of the Freehold or superior interest on behalf of the leaseholders and is usually payable in addition to the Ground Rent.
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