Is it too late to challenge my lease?

by Readers Question

16:28 PM, 5th April 2018
About 6 months ago

Is it too late to challenge my lease?

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Is it too late to challenge my lease?

We purchased an off-plan property for BTL in 2008 (yes, I know!!!), and the lease we signed before Completion had the Ground Rent as £150 pa. Our solicitor (a supposed leasehold expert recommended by the broker) proceeded to completion, and we thought no more about it until the 5 year anniversary, when our Ground Rent increased by more than expected.

I reviewed the copy of the lease we signed, and what ‘our’ solicitor sent post-Completion, and was shocked to find the Ground Rent had been altered to £250 pa, which is a very significant increase. Our solicitor had not pointed this out to us, and soon after went bust.

We assumed because they had gone bust, we couldn’t do anything, but perhaps someone can advise if we have a case to challenge the lease, which has since been sold on twice.

Many thanks

Lou



Comments

silversurfer2017

11:06 AM, 6th April 2018
About 6 months ago

For many legal challenges there is a 6 year limitation period and as you bought the property in 2008 you are out of time. You might perhaps have had a claim against the solicitor but you say he/she is no longer in business. I don't know whether the Law Society have a fund or an indemnity scheme to cover this kind of situation, but I would check first of all whether the 6 year rule applies to you. If so you will have to forget it.

Ian Narbeth

15:14 PM, 6th April 2018
About 6 months ago

Lou
You need to provide some more information.
Are you saying that the lease you signed said £150 but in fact you were charged £250 since 2008?
What was the increase at the 5th anniversary?
Does your Ground Rent keep increasing? If so, at what intervals and on what basis?


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