Thanks to all who have written to the Competition and Markets Authority in response to their working paper – we gave it our best shot.
Below is a link to our email on behalf of the group – you may think the language is quite moderate, but the Competition and Markets Authority have worked hard, listened, investigated and they got it. They have correctly identified that lack of adoption is the underlying problem on publicly accessible estates.
We had thought it would be a matter now of waiting for their recommendations in February, but lo and behold, the government has, after 4 years, suddenly found parliamentary time to introduce its Leasehold and Freehold Reform Bill! It feels like a race to get something on the statute book now regardless of whether the act will deliver anything like the changes needed for either leasehold or estate charges to ensure fairness to home/lease buyers. In our view both should be abolished, not polished.
For us, the fundamental mistake (??) government makes is to look to ensure parity between leaseholders and estate charge payers. A dodge which means we will be treated like leaseholders – big deal! Actually it’s a smack in the eye, as it legitimises a model which should be scrapped. We seek parity with other home buyers, not leaseholders who are an even more disadvantaged group than us.
We do not want or need estate charges on developments open to the public. They may be appropriate on gated private estates, but this is not the case for us.
If the government think they can catch any votes with this bill they have another think coming. Like so many government actions, it supports big business, not the voting public.
We are working with the NLC to pull together a way forward and will post again soon on this.
Hello,
We have significant problems in our new development (almost 800 flats and houses) and now the developer’s solicitors sent us a letter asking us to put our nominations forward for directors in the Company they created for the managed land. There is a tight deadline and they advised us to get legal advice because the letter they sent is confusing but they refuse to explain it. We don’t understand what we are getting ourselves into. Are there solicitors that we can contact for such legal advice in terms of transfer of managed land, section 106 and the directors nominations? We asked for a delay until we understand the process but they refuse it. Please help us. Kind regards, Adrian
Hi Adrian
Don’t be hassled or bullied into making a hurried decision. I would be very suspicious of motives here as usually the developers drag their feet and hang onto control long after the last house is built and sold. Are they trying to offload a pig in a poke?? You are best advised to form a steering group/shadow board and yes legal advice and also a survey will be needed – you don’ want to be taking over enormous defects. We don’t have a list of solicitors and you will need to do your own research. You should be able to get a one off opinion on the letter you have been sent for a fixed fee. If any of you are on FaceBook, join our group and you can ask members who have been or are going through this process.