Leaseholder Happy to be Free from Onerous Ground Rent

Nermin Suleman
Author:
Nermin Suleman
Professional Negligence and Dispute Resolution Solicitor
Date:
03/08/2021

Rupinder, one of our clients, talks about some of the issues he experienced with his leasehold and how we helped him.

Rupinder bought his leasehold flat in Salford in 2016, and as a first-time buyer, he thought a leasehold apartment would be a good place to start. It was only when he decided to sell his flat a few years later and buy a house that he discovered there was a problem.

“I went to put my flat on the market and contacted an estate agent, but they told me I couldn’t remortgage because of the onerous ground rent clause in my leasehold contract. They told me I needed to get this sorted before I could sell the flat,” said Rupinder.

“After speaking to other leaseholders in the apartment building, I found out that many of them had also been struggling to sell their flats because of issues with their ground rent.”

This left Rupinder in a big dilemma, as he needed to sell the flat so he could put down a deposit on a new house.

When he thought back to buying the leasehold property, he realised that the onerous ground rent clause was never explained to him by his Conveyancer, so he didn’t realise that it would cause an issue in the future.

Rupinder organised a valuation of his leasehold flat which found that the onerous ground rent clause had decreased the value of his property, making it much harder to sell.

“I was struggling to release equity and to get a remortgage. As a result, I ended up having to borrow some money from my dad in India to put towards a new house deposit. After 4 months, I finally found a lender who accepted me for a buy to let mortgage. But I still had the issue of not being able to sell the leasehold flat.”

Rupinder started researching and looking into professional negligence claims online and decided to contact Simpson Millar after seeing some recommendations on the National Leasehold Campaign group on Facebook.

Nermin Suleman, who specialises in professional negligence claims and leasehold claims, took on Rupinder’s case. She believed that his Conveyancer failed to adequately advise him on his lease and ground rent clause.

“I got in touch with Nermin and she was very easy to talk to and approachable,” said Rupinder. “I’d never been involved in any court cases or litigation, and had no idea how these things worked. Despite being a bit skeptical of it all, Nermin was very reassuring and answered all my questions. She was always easy to get hold of and very responsive to my emails and calls.”

Nermin helped Rupinder get £12,500 in compensation and he is now in the process of a lease extension.

He told us, “I now know a lot more about getting a leasehold extension and making a professional negligence claim, and I’m looking forward to getting my leasehold extended so I can be free of the ground rent once and for all.”

“Thank you Nermin and Simpson Millar for your help. It’s great to see Nermin making a change and helping other leaseholders who are struggling with ground rent issues.”

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