Do you have a problem selling your property or have suffered a loss due to an onerous ground rent clause in your lease?
We can help you claim against your conveyancing solicitors for failing to advise on an onerous ground rent clause.
On 8 February 2022, the law changed to limit ground rents on most new, long term residential leases in England and Wales to a nominal rent per year. This effectively restricts them to a value of zero.
However, the new law does not act retrospectively, so leases entered into before the 8 Feb 2022 can still demand ground rent uncapped.
As such, leaseholders in this category can still make a claim against their former solicitors or conveyancers if they have become aware of onerous ground rent clauses, management fees or charges in the lease and were not properly advised when they purchased their property. Their solicitors may have failed in their duties to their clients and should have advised buyers of the said clauses and charges in a “Report on Title” or a “Report on Contract”.
A potentially onerous ground rent clause is when the clause contains a ‘doubling’ review provision or is linked to increases in the Retail Price Index (“RPI”). Terms such as these may be onerous if they are reviewed on a regular basis, such as every 5 to 15 years. Although the charges start small, a doubling clause may result in a considerable amount later down the line.
The law will not apply to leases of retirement homes and other leases where there is a minimum age of 55 to purchase the property until 1 April 2023.
We offer a complimentary review of your lease and other relevant documents. Following this initial review, if the firms’ analysts are of the view that you have a claim, we will offer to act on a No Win No Fee basis, meaning that if your claim is unsuccessful you will not be charged any legal fees.