Q&As

If a transfer of part of a freehold title (residential property), which is a new build property on a new development, reserves the payment of an estate maintenance charge, is this treated one and the same as an estate rentcharge? If so, do the consequences of non payment of the estate maintenance charge apply in the same way as the non payment of an estate rentcharge?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 14/05/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If a transfer of part of a freehold title (residential property), which is a new build property on a new development, reserves the payment of an estate maintenance charge, is this treated one and the same as an estate rentcharge? If so, do the consequences of non payment of the estate maintenance charge apply in the same way as the non payment of an estate rentcharge?

A rentcharge is a regular payment due in respect of land to a third party other than a payment by way of rent under a lease or of interest. Rentcharges were historically a way of enabling developers to continue to receive an income from land after it had been developed and sold and remains common in certain parts of the country including around Manchester and the Avon area including Bristol. The Rentcharges Act 1977 (RcA 1977) abolished new rentcharges, subject to limited exceptions, and provided for the extinguishment of existing rentcharges by 2037.

Of the exceptions relating to new rentcharges (and to those which do no

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