Kirkby & Thorn Apartments – amends to ground rent clause in leases
04/01/2022
When Countryside Properties plc issued the lease to properties at Kirkby & Thorn Apartments it included a clause which means the cost of the ground rent will double more frequently than every 20 years.
The Competition and Markets Authority (CMA), the government department responsible for enforcing consumer protection regulation, is investigating these clauses. For more information on the CMA’s ongoing work in the sector and for future updates, visit their leasehold case webpage.
As the now freeholder, Poplar HARCA has agreed with the CMA to offer to remove the doubling clause for leaseholders in these buildings, and contribute up to £750 (including VAT) towards your legal costs. Taking this step will ensure your ground rent cannot double in future.
If you choose not to vary the lease, we will not act on the clause and, as part of our agreement with the CMA, the ground rent will not change so will stay the same as initially set out in your lease.
If you have any questions, you can contact CMA’s General Enquiries team on general.enquiries@cma.gov.uk or 020 3738 6000.
How do I remove the clause from my lease?
If you want to remove the doubling clause from your lease, contact Poplar HARCA’s Home Ownership Team at info@poplarharca.co.uk. Include your address in the email.
If you tell us that you want to vary your lease to remove the clause, you will be contacted by our solicitors, Roythornes Solicitors. Roythornes will then process to remove the clause from your lease.
If you want to take your own legal advice you will need to engage your own advisor. The costs of advice will be included in the £750 maximum contribution by Poplar HARCA.
We will reimburse legal costs when you have provided evidence that they have been incurred. If you are worried about paying up front, talk to us as we may be able to help.
I am a leaseholder in another building, can I remove this clause?
Poplar HARCA should be in a position to get in touch with other affected residents over the coming months.
Please be assured, if your lease includes a clause about doubling ground rent, Poplar HARCA will not be actioning this at any time.