Rentcharges (especially estate rentcharges) are causing a range of problems for many freeholders, such as reportedly high costs, lack of transparency, and impact on reselling a property.

Moreover, some lenders have very specific Part 2 requirements about rentcharges, which adds to the duties imposed on residential conveyancers acting on properties subject to such a charge.

The Leasehold and Freehold Reform Act 2024 will also bring changes to the regulation of rentcharges.

As this area of the law is rapidly evolving, the content is liable to change (e.g. as and when new statutory instruments are laid before Parliament).

This live presentation will consider a range of issues pertaining to rentcharges, including the following—

Key differences between estate rentcharges and “historic” rentcharges
The problematic provisions of section 121 Law of Property Act 1925
Issues with a rentcharge lease granted pursuant to section 121
Reforms to the regulation of rentcharges
Can charges now be demanded for non-payment?
Other possible methods for enforcing a rentcharge
Indemnity insurance considerations
Lender requirements
Adverse possession of a rentcharge
Apportionment of a rentcharge
Release or redemption of a rentcharge
Some drafting issues
Practical problems arising from private management of amenities on freehold estates
New rights to challenge estate management charges
Are demands for payment now required?
What remedies are or will be available for challenging high charges or sub-standard services?
Right to request information and annual reports: the new reforms