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I'm sorry to read of the above. Does this mean that the situation is that certain residents are left liable for rent charges whilst others are not please?
Rent charges are or at least should be contained within the transfer deed transferring the property to you and should not be reliant in and of itself upon the restriction being entered on the title. In other words, the liability to pay a rent charge - it is not clear to me therefore the purpose of the attempts to cancel the applications for restrictions as whilst this may obviate certain requirements of the property owner upon any disposition of a property in the future, it would not in and of itself obviate the obligation of the particular seller to pay a rent charge that is contained within the transfer deed.
in relation to the charge registered at companies house, though I have not reviewed all of the documents in depth as they are very long and it is not economic me to do so, on the face of it, it seems to me that the registration of these charges was a mistake is the management company appears to be the beneficiary and not subject to the charges. I note that three charges were registered and subsequently, have all been released and it appears that potentially, whoever registered the charges realised their mistake hence why they have been released and marked a satisfied.
clearly a proper review of the situation will be needed to the extent that your conveyancer is not already familiar with it and in particular, clarification should be sought of the management company that the rent charges are enforceable against all residences on the estate so that no residents in particular will bear a disproportionate sum in this regard failing which, you may have a claim for breach of contract as against the developer though the above in and of itself does not indicate that rent charges envisaged would not be enforceable against other residences per se
I don't agree with all of the above elements of your summary I am afraid. A rent charge can be entered onto a title in its own right as a notice under land registration act 2002 (paragraph 6, Schedule 2, LRA 2002). there is no requirement for a restriction for a rent charge to be enforceable. They are entirely separate forms of notices and one is not reliant upon the other. I assume the restriction as an additional provision requiring the owner to comply with some additional element but it is not necessary for the rent charge to be enforceable hence my above comments
it is difficult for me to comment on the restriction element as I do not know what restriction achieves. However, my interim conclusion would be that it is not likely to be determinative in terms of liability under the rent charge. Providing the rent charge was included in all of the relevant transfer deeds for the properties, it seems to me that the various property owners would still be liable under the rent charge irrespective of their applications to remove the restriction being successful or not but clearly without sight of all the documentation in question, I cannot be conclusive on this point. You conveyancer will presumably be in a much better position to confirm or clarify the above accordingly
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
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