Enhanced Protections Response

It’s important to respond to consultations – we believe the positive outcome of the CMA market study in identifying lack of adoption as the underlying problem might have been very different if a record number of 250 individual responses had not been submitted. It is vital that government gets grass roots responses. Industry have whole departments dedicated to lobbying, we do not, so we have decided to produce an email template/guidance document for you to personalise. We hope that this helps more people to respond and give an opportunity to share more individual perspectives. If you do decide to respond this way email to: protectinghomeowners@communities.gov.uk

this is our suggestion for you to adapt:

Response to enhanced protections consultation

I live on a new build/ex council/ex MOD development subject to estate maintenance charges due to lack of local authority adoption. I am a freeholder/leaseholder/shared ownership/housing association owner/tenant. My experience is that managing agents do exploit me via this system, but that this is an effect of underlying lack of adoption and not the root cause of my unfair treatment.

[here you could insert a paragraph describing your estate and its unadopted areas. If you were a freehold purchaser were they as described when you were looking to buy?]

I have read through the consultation and agree that many of the detailed measures to regulate agents and repeal the rent charge remedies would be excellent and provide solutions for truly private gated estates with no public amenities, but in my situation only adoption will put things right.

Self management of the surrounding estate is not something ordinary residents wish to take on, nor are qualified to do so. Support from a government quango like LEASE will not suffice and would not be necessary if estates are adopted. In my opinion privately managed public estates are unnecessary, expensive, harm community cohesion and the built environment. The last being due to low standards of maintenance and construction.

I am very worried that mandating adoption for future estates but merely regulating agents for existing ones will create a two tier system devaluing my property and allowing further blight on my estate. In addition, self management and agent regulation will still leave me picking up the tab for an unlimited liability. Lots of things can go wrong with land which need expensive remediation, for example sink holes and collapsing retaining walls. I am concerned that any extra management costs arising from the regulations will be passed on to residents.

Increased flood risks due to climate change in future ought to lead government to ensure water drainage infrastructure is not left in private hands. I believe it is a scandalously irresponsible that section 3 of the 2010 Flood and Water Act has not been implemented in England. SUDs are not being well maintained by most private managers, who are not accountable to the whole local community for flood prevention.

I strongly urge you to refocus on abolishing private management rather than propping up a system which is inappropriate and unjust for estates with public infrastructure. The measures discussed in the consultation will be beneficial for residents of private gated communities, but not for me and my neighbours.

We intend to produce guidance on the second consultation which is about more adoption very shortly. Watch this space!