A Midlands firm is being pursued for a negligence claim by a former leaseholder client over the issue of incremental ground rent charges.

Carole Patterson says she brought the action after discovering the ground rent of her one-bedroom flat in East Dulwich doubles every five years. She bought the property in 2011 unaware of this clause and has seen her bill rise from £525 in 2016 to £1,050 this year: at this rate the ground rent will be £4,200 a year in 2031 and will rise to more than £1m in 50 years’ time.

Now represented by London firm Osbornes Law, she is pursuing the negligence action against FBC Manby Bowdler on the basis that the firm failed to tell her about the clause.

HR administrator Patterson said the ‘ridiculous’ clause meant her flat was effectively now worthless as nobody would buy it with such financial burdens around the corner. ‘There is also no way I can afford the ground rent in a few years’ time. The ground rent on Buckingham Palace wouldn’t be as much as what I would be paying at the end of my lease and this is a one bedroom flat,’ she said.

According to Patterson, the freeholder has offered to change the terms of the lease for a payment of £100,000 – a quarter of the value of the property.

Solicitors representing FBC Manby Bowdler said the firm could not comment on any specific case for reasons of client confidentiality, but it always strives to offer a first-class service to all its clients. In a statement, they added: ‘FBC Manby Bowdler is an award-winning law firm which places the highest importance on its responsibilities to its clients and adherence to the Solicitors’ Professional Code of Conduct.

‘This is a complex area of law and something which raises broader issues which are now being addressed by parliament.’