Select Committee Verdict

The report of the governments select committee enquiry into Leasehold Reform is now published. It is clear that this group of cross party MPs has not had the wool pulled over its eyes by developers, investors and property managers. It has come out very strongly in favour of actions which would help to correct the power imbalance towards ordinary home buyers in the leasehold sector. These include making it easier to buy the freehold, scrapping ground rents, regulating service charges, making common hold the default tenure for any properties with shared space/buildings.

Although the enquiry title refers to leasehold, its remit did include estate charges, and our own written evidence was accepted by them.

On estate charges, they are recommending full leasehold style rights for home owners and also the possibility of common hold for estates in future.

We welcome their acknowledgement that there is a problem over estate charges, but feel these measures do not go far enough, especially in relation to the construction of sub standard estates when there is no intention for them to be adopted.

The report recommends an investigation into mis-selling leasehold houses with involvement of the Competition and Markets Authority. We think this equally applies to estate charges and we intend to develop and announce shortly a strategy for reporting to the CMA.

You can read the report here


Facebooktwitterredditpinterestlinkedinmail

Council takeover no better for New Build Tax

This Sunday Times Article from 24th February 2019 exposes just how expensive the private managed estate model is, no matter who collects the “tax”. A large “new town” development in Devon with a high proportion of affordable housing caused such concern for the local town council about non-payment (or non affordability?) of the estate fees that it took over the rent charge and manages it via a very large precept on the council tax – around £370 per year!

Although this scenario is unusual in our experience as most new build developments have either a private company or a housing association managing them, we do feel it highlights the need for developments to be constructed to adoption standards and adopted by the council in the very beginning. This avoids sub standard construction which is expensive to keep up, gives the council an advance from the developers for the first 10-20 years maintenance and gets rid of a huge volume of unnecessary legal expenses and delays due to the involvement of a management company with every single home when it is bought, sold or remortgaged.

Read the article here


Facebooktwitterredditpinterestlinkedinmail

February 2019 Statement

Produced in response mainly to the Housing Minister, Kit Malthouse, following his contribution to the Westminster Hall Debate on 22nd January 2019. We are getting similar messages in reply to our own representations from the Department for Housing, Communities and Local Government. These defend the status quo on voluntary adoption and local 106 agreements passing the buck back to Local Authorities and disregarding the role of their own National Planning Policy Framework. There is also a reluctance to rise to the challenge of creating legislation to cover estate charges, although we do note that recently there has been a slight shift towards talking about a legal framework rather than simply access to the First Tier Property Tribunal. We have reports of two cases where the FtT has been unable to hear freehold estate charge cases due to the lack of legislation.

Read the statement …….
Facebooktwitterredditpinterestlinkedinmail