Charitable rentcharges: enforcement; Ministry of Housing redemption

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A buyer for value of land burdened by a legal or equitable rentcharge in favour of a charity will take subject to that rentcharge, unless:

the rentcharge is registrable as a land charge and is void against him for want of registration (see sections 2 and 4 of the Land Charges Act 1972; section 24 of the Law of Property Act 1969; section 2(1)(i) of the Law of Property Act 1925 (LPA 1925));
the sale is made in exercise of powers under the Settled Land Act 1925 (SLA 1925) and the rentcharge is capable of being overreached on such a sale (see SLA 1925, s 72; LPA 1925, s 2(1)(i)); or
for an equitable rentcharge, the purchaser had no notice of it (Re Alms Corn Charity, Charity Comrs v Bode).

Also note that, depending on the date of the rentcharge, the Rentcharges Act 1977 provides that, since 22 August 1977, only certain types of rentcharges can be created (Permitted Rentcharges). For more information see Practice Note: Rentcharges—apportionment, termination and enforcement. This Practice Note also deals with the methods of extinguishing a rentcharge, which include statutory redemption by application to the Secretary of State. See also: Guidance Rentcharges...

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Web page updated on 27/05/2026

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