Lenders Start to Change Ground Rules on Ground Rent

Historical ground-rent article

This article records changes to mortgage-lender requirements in 2017. It should not be relied upon as a statement of current lender policy.

For an explanation of why a lease accepted previously may cause difficulties today, read Ground Rent Mortgage Requirements: The Lease Has Not Changed, but the Market Has.

If a ground-rent clause is now affecting your sale or remortgage, read Ground Rent Problem Discovered When Selling: What Were You Told When You Bought?

Leasehold as a tenure received quite a lot of bad press in 2016 with the BBC and broadsheets such as the Telegraph  pointing to the risk of people buying homes with escalating ground rents. This culminated in the Government saying that it would reform leasehold property after a campaign by charities and MPs to challenge the arrangements.

With a heightened sense of concern relating to ground rents lenders are now reacting via changes to their individual versions of their CML Handbook or BSA Mortgage Instructions.

In the last few weeks I have seen a number of mainstream lenders amended their instructions to conveyancing lawyers specifically concerning ground rent.

For some lenders such as Yorkshire Building Society a change was made to section 5.14.9. This lender now imposes the following requirements:

With regard to ground rent, please note that we have the following additional requirements to those set out in Part 1 of Section 5.14.9

* the ground rent must not be capable of being increased during the first 21 years
* the ground rent cannot be open-ended i.e. it must not be capable of being increased to an unspecified amount.
 
October 2026 update: Lender ground rent instructions continue to evolve. Our analysis of Skipton Building Society’s ground rent requirements examines a further update to its leasehold instructions.
 
Should your firm wish to me made aware of changes to lender requirements please sign up to receive lender handbook notifications via LENDERmonitor.
Update September 2026: Where an escalating or onerous ground-rent provision is only appreciated when the property is later sold or remortgaged, it may be necessary to establish what the lender required and what was reported to the buyer at the original purchase. See ground-rent problems discovered after purchase.
 

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