Q&As

Can a rentcharge exist on leasehold property?

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Published on LexisPSL on 08/09/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can a rentcharge exist on leasehold property?

Can a rentcharge exist on leasehold property?

A rentcharge is an annual or other periodic sum charged on or issuing out of land and not arising out of a landlord and tenant relationship. It can exist in law as a fee simple absolute in possession or as a term of years absolute. Other rentcharges (such as a rentcharge for life) only take effect as equitable interests.

The grantor of a rentcharge must have an interest in the land out of which the rentcharge is issued which is at least as great as the interest to be granted in the rentcharge. An owner of leasehold land can therefore only grant a rentcharge for a term of

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