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Ground Rent - Form D

  • 15-02-2019 4:42pm
    #1
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    Hi everyone,

    I purchased a 1960s house two years ago with a leasehold (150 years) and wish to buy out the ground rent and turn the land into freehold. I've got copies of the original lease from the 1960s and there are two landlords on the lease a) solicitor and b) builders. Their addresses are the same address. The problem is that neither companies are in existence now. If you are unable to currently locate the landlords on the lease, how do you actually complete Form D, which is required by the PRAI?

    Do you send a registered Form D to the original address and wait 21 days and if no reply, you continue with just a registered post receipt?

    Also, I have not paid any ground rent, so I dont know how to a) pay it and b) obtain a receipt.

    A ground rent receipt is required for the arbitration process.


    I am utterly confused. So if anyone could help, I would be grateful.


    Information from PRAI below:
    Additional Information on ARBITRATION APPLICATIONS
    There are two Forms to be completed when applying for a Vesting Certificate under Arbitration procedure; these are Forms B and Form D.

    Form B is the application Form to be completed and signed by the owner/tenant of the premises. If you hold the premises jointly with a spouse or other relatives, Form B should also include their name/s and signature/s.

    Form D is the Notice of your Intention to buy out the ground rents under Arbitration procedure. Form D should be sent, by REGISTERED POST to your Landlord (or his Agent/Solicitor).

    Note – It is important that you retain a PHOTOCOPY of your completed and signed Form D AND a receipt for registered post as these items will form part of your application.

    You may hand the completed Form D to your Landlord instead of sending it by registered post; but if you do so, you must ask him/them for a letter acknowledging receipt of the Form D.

    21 Days after you have served Form D you may lodge your application which should include the following items:

    Completed and signed Form B
    Photocopy of completed Form D
    Receipt for registered post, or letter from your Landlord acknowledging receipt of same
    Your latest ground rent receipt
    A photocopy of your Lease
    A photocopy of your Assignment (This document is required if you are not the original owner of the property; it is evidence of your ownership).
    €105 application fee if you reside at the premises or €195 otherwise.
    (Payment by cheque, postal order, bank draft or cash will be accepted; cheques, etc. should be made payable to “Property Registration Authority”.


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Leaving open for general discussion subject to forum rule on legal advice
    JB73 What information did your solicitor obtain on ground rent and payment thereof when buying the property?


  • Registered Users, Registered Users 2 Posts: 51 ✭✭Jellybean73


    nuac wrote: »
    Mod
    Leaving open for general discussion subject to forum rule on legal advice
    JB73 What information did your solicitor obtain on ground rent and payment thereof when buying the property?

    Actually as far as I recollect (2 yrs ago), my solicitor said nothing to me regarding paying the ground rent going forward. And I don’t recollect seeing any ground rent receipts from the previous owner. My solicitor just gave me a photocopy of the original lease in the deeds with names of the landlords and the first owner of the house in the late 60s.

    The only thing he suggested was to sort out the leasehold via the PRAI and said it would be easy to do myself.

    I can contact my solicitor and ask where or if any ground rent receipts are.


  • Registered Users, Registered Users 2 Posts: 475 ✭✭mickuhaha


    Don't go to a solicitor until you call in to the ground rent section in the prai office in D7. They help alot with the available options and don't charge you anything but the required fees that you would end up having to pay to get a freehold title.


  • Registered Users, Registered Users 2 Posts: 51 ✭✭Jellybean73


    mickuhaha wrote: »
    Don't go to a solicitor until you call in to the ground rent section in the prai office in D7. They help alot with the available options and don't charge you anything but the required fees that you would end up having to pay to get a freehold title.

    Thanks. I am going to call the PRAI on Monday.


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