Solicitor Negligence

Lyds81

I bought a property in 2017 with a lease extension negotiated by the sellers through my solicitor at the time and now I've come to sell it, there is an issue regarding a non standard clause meaning the ground rent doubles every 15 years. Most lenders won't accept this and I've now had two sales fall through because of this.

I made a formal complaint 11 weeks ago, to which the firm did not respond, however they agreed to pay for a Deed of Variation to enable me to sell the property but the new clause is not acceptable by the Freeholder.

When the Freeholder refused the proposed clause, the second buyer pulled out, I advised the solicitor and they said that that I needed to seek legal representation which I can't afford. They also have not responded to my emails asking for a copy of the T&C's on my file alone with the Client Care pack.

I have spoken to the Legal Ombudsman, but the maximum claim isn't enough to cover my expenses should the property be unsaleable. At the moment I am unable to live in the property as it's now unfurnished (furniture sold just before the sale fell through) and I'm having medical treatment.

The mortgage has gone on to a variable rate and I can't switch as if if I do manage to find a buyer in the near future, there will be penalties to pay. 

Am I able to represent myself? Has anyone done this and been successful?

Any help gratefully appreciated.

m0bov

Might be better to renew the lease as a statutory renewal on peppercorn and sue for the cost of this. Was it pointed out to you in the legal pack?

Lyds81

It's gone to the firm's insurers now and I have to complete the pre claim pack but unsure how to do this?

oz0707

Does your house insurance have any kind of legal cover?

princeofpounds

m0bov said:

Might be better to renew the lease as a statutory renewal on peppercorn and sue for the cost of this. Was it pointed out to you in the legal pack?

This. A statutory lease extension is the normal way to solve this if the freeholder is not co-operative; the ground rent is set to (effectively) zero. You could perhaps negotiate with the solicitors to do the work pro bono, and/or fund the difference in price between an extension with a non-escalating ground rent (easy to calculate) and an escalating one (which you will get valued as part of the Tribunal process).

How long is your lease? What is the ground rent?