• Failure To Disclose Onerous Lease Terms

    By Guest on 22nd Feb 2017

    My conveyancer failed to inform myself or my lender of the doubling ground rent clause the lease. Can my lender call in the mortgage? Am I obliged to inform the lender? It is now 6 years since completion.

  • 2 Answers

    By Guest on 23/02/2017

    Your solicitor would only have been obliged to inform the lender if the provision for ground rent increases was unduly onerous. It is not uncommon to have a clause whereby the rent doubles every X years. Whether it is onerous or not depends on the length of the intervals between increases. In any event the lender can't call in the debt because of it. It can only do that if you are in breach of the terms of the mortgage contract and it wasn't your duty to inform them. They could sue the solicitor but that shouldn't impact on you.

  • By Guest on 23/02/2017

    Thank you.
    It's a doubling term, every 10 years.

  • Post Your Answer


  • Do you want to be informed of further comments / replies? Yes No

Ask a Question

Search