Commons Sense

House of Commons · Bill Debate

Leasehold Reform Bill

11 December 2023 · 57 other contributors

Opened by Michael Gove Con Surrey Heath

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Michael Gove raised concerns about leasehold reform bill in the House of Commons. Other MPs contributed to the debate.

Key points

  • The Secretary of State for Levelling Up, Housing and Communities thanked predecessors and stakeholders for their work on leasehold reform.
  • He highlighted the unfairness in leasehold tenure, noting that homeowners are often subject to unreasonable service charges and ground rents imposed by freeholders.
  • The Bill aims to provide better legal protection for leaseholders.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Michael Gove Con Surrey Heath

The Secretary of State for Levelling Up, Housing and Communities opens the debate by thanking predecessors and stakeholders for their work on leasehold reform. He highlights the unfairness in leasehold tenure where homeowners are treated as tenants at the whim of freeholders who can impose unreasonable service charges and ground rents. The Bill aims to provide better legal protection for leaseholders.

Other contributors (57)
  • Alexander Stafford Lab Co-op Rother Valley

    Supports the Bill, highlighting cases where freeholds originally held by trade unions or other organisations have been sold to entities exploiting leaseholders. He asks how the legislation can ensure transparency in service charges and prevent unreasonable rent hikes.

  • Stephen Doughty Lab Co-op Cardiff South and Penarth

    Raises concerns about lack of transparency in service charges and the need for clearer regulations on how moneys are spent. Asks if provisions will cover both England and Wales, and requests details on co-operation with Welsh Government.

  • Kevan Jones Lab Co-op North Durham

    Points out that the Help to Buy scheme has contributed to a rise in leasehold houses. He suggests the Government should take responsibility for developers' business models and the negative impact on leaseholders.

  • Julian Lewis Con New Forest East

    Supports the Bill but asks about its applicability to existing leaseholds versus new ones. He criticises a presumption that allows freeholders to build additional floors on top of buildings, causing damage and costs transferred to leaseholders.

  • Mark Tami Lab Alyn and Deeside

    Represented constituents with leasehold houses, describing it as a cynical money-making scam where people feel they do not own their homes due to excessive admin charges for minor changes or having pets. He emphasised that such practices should not apply to house owners.

  • Stella Creasy Lab Co-op Walthamstow

    Asked why the Secretary of State cannot defend leasehold if he acknowledges its problems, and advocated for moving to commonhold to give constituents a voice over their property.

  • Rachael Maskell Lab Co-op York Central

    Asked the Secretary of State to clarify whether 'best value' applies to leaseholders or freeholders, highlighting that leaseholders do not get best value in their schemes.

  • Munira Wilson Lib Dem Twickenham

    Asked about the new methodology for calculating enfranchisement values and whether it will remove outdated provisions, referencing a constituent's struggle to buy freehold due to lack of records.

  • Clive Betts Lab Sheffield South East

    Discussed non-compliance by freeholders and proposed giving leaseholders the right of first refusal before a freehold is sold, suggesting this would be discussed later.

  • Natalie Elphicke Con Dover and Deal

    Asked for more information on how situations like failed developments or problematic management arrangements will be addressed, seeking retrospective help for unresolved issues.

  • Matt Rodda Lab Reading Central

    Raised a specific case in his constituency where residents are charged for access to public open spaces and parks, expressing hope that this issue would be looked into.

  • Edward Leigh Con Gainsborough

    Suggested a balanced approach is needed; while supporting efforts to address leasehold issues, he emphasised the importance of property rights and cited examples of excellent freeholders.

  • Rachel Maclean Con Redditch

    Asked whether the Secretary of State would adhere to 'follow the money' when considering evidence from consultation, highlighting potential motivations for advocating higher ground rents.

  • Marsha de Cordova Lab Battersea

    Asked if the Secretary of State's consultation would address the issue of ground rents doubling every 20 years for shared owners who have staircased to 100% ownership.

  • Stephen Timms Lab East Ham

    Agreed with the Secretary of State about excessive insurance premiums charged to leaseholders and asked if risk-pooling among insurers could be a solution.

  • Richard Fuller Con North Bedfordshire

    Expressed gratitude for the Bill but questioned why it does not address the right to manage, asking about the Government's current thinking on this issue.

  • Simon Hoare Con North Dorset

    Expressed agreement with Richard Fuller.

  • Angela Rayner Lab Ashton-under-Lyne

    Ms. Rayner argues that the Bill lacks ambition and does not deliver on its promises to ban leaseholds, which is disappointing given previous commitments from the Government. She emphasises the need for comprehensive reform of property law, including measures to prevent ground rent increases and excessive charges imposed by freeholders. Additionally, she supports extending tenant rights to leaseholders regarding pets and business operations from home.

  • Mr. Jones agrees with Ms. Rayner that the Government could have acted earlier by not implementing the Help to Buy scheme, which fuelled the practice of selling new houses under leasehold tenure. He also notes that many leaseholders believed they would be freed from their leaseholds but are disappointed to find out otherwise.

  • Mr. Gove intervenes by challenging Ms. Rayner on the Labour party's previous support for residential ground rents, questioning her consistency in opposing excessive ground rents given the Labour leader's endorsement of such policies at the Labour Party conference.

  • Stephen Doughty Lab Co-op Cardiff South and Penarth

    Mr. Doughty agrees with Ms. Rayner that much more needs to be done to address the transparency of service charges and management fees, particularly affecting flat owners in his constituency who have suffered from unfair practices.

  • Alistair Strathern Lab Hitchin

    Mr. Strathern supports the need for stronger regulation of management companies, as evidenced by cases in his constituency where residents have suffered due to poor management practices and lack of accountability.

  • Clive Betts Lab Sheffield South East

    Mr. Betts suggests that purchasers should be given a clear understanding of maintenance responsibilities at the beginning of property purchase, to prevent confusion over who is responsible for upkeep.

  • Rachael Maskell Lab Co-op York Central

    Ms. Maskell calls for leaseholders affected by flooding to have equal access to the Flood Re scheme, currently available only to freeholders.

  • Peter Bottomley Con Worthing West

    Pays tribute to the all-party parliamentary group on leasehold and commonhold reform for their efforts over the past 11 years. Supports the Government's efforts to prevent freeholders from exploiting residential leaseholders, citing his own experience as a leaseholder. Emphasises the importance of implementing the Law Commission’s recommendations in full. Advocates for an agency that could sue insurance companies on behalf of leaseholders to cover remediation costs. Stresses the need to reduce ground rents to peppercorn levels and calls for an end to the artificial distinction of 11 metres for fire safety compensation.

  • Bob Blackman Con Harrow East

    [INTERVENTION] Supports Peter Bottomley's stance, suggesting that leaseholders have valid claims against individuals who signed off unsafe buildings under building regulations and are insured.

  • Clive Betts Lab Sheffield South East

    Welcomes the Bill but identifies areas for improvement. Argues for education programmes on commonhold, supports retrospective removal of onerous ground rents due to human rights justification, and highlights enfranchisement process issues. Proposes a right of first refusal, transparency in service charges, capping commission fees, protection for reserve funds, addressing mis-selling practices, and the need for a housing court.

  • Agrees with Clive Betts that the Bill does not adequately address recent issues with leasehold houses, particularly regarding common areas traditionally managed by local authorities.

  • Barry Gardiner Lab Brent West

    Recalls historical precedents like Custins v. Hearts of Oak where Labour Government used similar grounds to justify reforms, supporting Clive Betts' argument.

  • Suggests raising the limit on forfeiture clauses from £350 to a more significant figure like £5,000 and ensuring remaining equity goes back to leaseholders.

  • Stella Creasy Lab Co-op Walthamstow

    Agrees with the need for a specialist housing court that sets precedents, addressing frustrations in current court systems where each case must be individually processed.

  • Rachel Maclean Con Bury North

    The MP supports the amendment, citing examples of leaseholders being exploited and emphasising the need for a digital calculator to help individuals understand their benefits under the Bill. She also advocates for commonhold reforms to encourage developers to choose this option over leasehold, ensuring there is time to introduce ground rent caps after consultation, and calls for regulation of the property management sector.

  • Peter Bottomley Con Bristol East

    The MP suggests that the Select Committee should consider inviting parties involved in Liam Spender's case to explain why legal proceedings were necessary, implying a lack of transparency and quick resolution from freeholders.

  • Barry Gardiner Lab Brent West

    The MP contests the claim that Labour failed to address leasehold issues, stating that the Commonhold and Leasehold Reform Act 2002 was delayed due to threats from peers with conflicts of interest.

  • Kevan Jones Lab North Durham

    The MP briefly intervened but his exact contribution is not detailed in the transcript.

  • Ruth Cadbury Lab Brentford and Isleworth

    The MP argues that predatory freeholders have been working together systematically to exploit leaseholders over a decade, suggesting that the problem has grown significantly since then.

  • Stephen Timms Lab East Ham

    Mr. Timms expressed concerns about the transfer of asbestos management responsibilities from landlords to homeowners, potentially leaving them with hidden liabilities and life-threatening risks without adequate support for removal or management. He also discussed issues such as inflated insurance costs in his constituency's Barrier Point development and welcomed clauses that increase transparency around service charges and help tenants enforce their rights.

  • Barry Gardiner Lab Brent West

    [INTERVENTION] Mr. Gardiner highlighted that freehold companies often set up arm's-length brokerage firms, leading to double commissions and further complications in managing insurance costs for multi-occupancy buildings.

  • Gareth Johnson Con Dartford

    Mr. Johnson argues for enabling residents to challenge unfair bills and switch management companies to promote competition, transparency in accounting practices, and fair pricing for services. He raises concerns about high fees and poor service quality, including misinformation in property sale documents.

  • Mr. Bottomley supports the idea of transparency by suggesting open-book accounting practices for managing agents to ensure clarity for residents about fees and services provided.

  • Mr. Jones notes that management fees in retirement villages often increase over time, affecting property value negatively without resident challenge.

  • Barry Gardiner Lab Brent West

    Mr. Gardiner highlights the excessive charges by some companies managing residential properties for the elderly, including taking up to 10% of a property’s sale price as management fee.

  • Marsha de Cordova Lab Battersea

    She argues that the bill falls short of the Secretary of State's commitment to abolish leasehold and mentions that her Battersea constituents are trapped in an exploitative system. She highlights that 74% of homes sold in Battersea in 2022 were leasehold transactions, making it one of the highest constituencies for leasehold sales. Marsha de Cordova criticises the lack of transparency and poor customer service from management companies and calls for more reforms to protect leaseholders.

  • Barry Gardiner Lab Brent West

    Mr Barry Gardiner acknowledges his constituency neighbour's speech. He questions the implications of the Government's proposals regarding the expiration of freehold terms before new leaseholds can conclude their 999-year term.

  • Helen Morgan Lib Dem North Shropshire

    Morgan supports the Bill but expresses significant concerns. She points out that leasehold is outdated, yet the bill does not ban new leaseholds or professionalise management of leasehold buildings. Morgan highlights issues in her constituency regarding fleeceholds and suggests reforms to end shared ownership of public spaces for most developments. She also advocates for clearer responsibility on maintenance and inspections of shared assets before freehold houses are sold.

  • Wendy Morton Con Aldridge-Brownhills

    Welcomes aspects of the Bill but expresses concern over the lack of protection for existing leaseholders from onerous ground rents. Mentions that there are 4.98 million leasehold properties in the UK, affecting many constituents and herself personally as a leaseholder. Advocates for measures to end new leaseholds and reform lease extensions with standard leases at zero ground rent. Calls for an online calculator for calculating extension costs, shared legal costs, and improvements to the tribunal system to protect leaseholders. Proposes additional regulations on managing agents and transparency in housing associations.

  • Ruth Cadbury Lab Brentford and Isleworth

    Ms Cadbury argues that despite promises from successive Conservative Housing Ministers, leasehold reform has been inadequate. She states that the bill does not address many of the issues faced by her constituents in Brentford and Isleworth, such as excessive service charges, poor building management, and delayed remediation work following the Grenfell tragedy. She provides a case study illustrating how new homeowners are lured into buying flats with misleading information, only to face increasing costs and declining services over time. Ms Cadbury also highlights issues related to shared ownership schemes and concerns about the value of short-term leases.

  • Nickie Aiken Con Putney

    She highlights issues faced by leaseholders in her constituency, including unexplained service charges, lack of transparency on major works costs and estate management fees. She supports clauses like 27 for its aim to increase transparency but seeks more detail on information disclosure requirements. Clause 34 is welcomed as it ensures that leaseholders won't be liable for legal costs if they lose a case. The Bill aims to make it easier and cheaper for leaseholders to extend their leases or buy freeholds, removing marriage value.

  • Samantha Dixon Lab Chester North and Neston

    Dixon expressed disappointment with the Bill's limited scope, highlighting that it fails to deliver on key promises such as banning new leasehold houses and flats. She emphasised that 4.86 million households are trapped in a broken system without control over their homes. Dixon also criticised the lack of provisions for regulating property agents and reducing ground rents for existing leaseholders.

  • Baker welcomed the Bill as a necessary step to improve home ownership for leaseholders. He highlighted the difficulties faced by his constituent who is caught in an unfair leasehold system. While acknowledging that the Bill has cross-party support and addresses many issues, Baker called for additional amendments to strengthen protections for leaseholders, particularly regarding tribunal systems, managing agents' regulation, and commonholds.

  • Stella Creasy Lab Co-op Walthamstow

    I urge for commonhold to be made default tenure as it offers residents a voice against exploitative practices. My constituency has seen an increase in leasehold properties, leading to various financial and administrative burdens on residents. The Warner estate case demonstrates the need for uniformity and protection from fragmented ownership and excessive charges by freehold management companies.

  • Richard Foord Lib Dem Honiton and Sidmouth

    I concur with the concerns raised about excessive charges for minor changes in leaseholds, such as charging £540 to change a deed name. This illustrates the need for commonhold to be made default tenure to protect residents from unreasonable costs and administrative burdens.

  • Ian Byrne Lab Liverpool West Derby

    MP Ian Byrne from Liverpool West Derby expressed deep disappointment with the current Bill for not directly addressing ground rents, which he believes is a critical issue affecting millions of leaseholders. He cited the support of the hon. Member for Harrow East and the Law Commission's proposals that should be included in the bill to ensure justice for leaseholders. Byrne also highlighted that abolishing new leaseholds on flats was necessary due to their significant share (70%) among leasehold properties, emphasising the Government’s failure to deliver on its manifesto promise of ending this practice. He further argued that until leasehold is banned, homeowners will remain hostage in their own homes, exacerbating financial burdens and health risks.

  • Matthew Pennycook Lab Greenwich and Woolwich

    The speaker supports the intent of the provisions but criticises the Government's lack of ambition. He highlights that while the Bill aims to provide some relief, it fails to deliver on key commitments made previously, such as abolishing new build leasehold houses and reinvigorating commonhold tenure. The Labour party will seek to strengthen the Bill in Committee by proposing additional measures to empower leaseholders and address the inherent inequities of the current system.

  • Lee Rowley Con Dronfield

    Expressed support for the Bill, thanked Members for their contributions, and acknowledged ongoing work on insurance schemes. Highlighted the need to address specific issues in Committee, including estate management challenges and asbestos concerns.

  • Clive Betts Lab Sheffield South East

    Asked the Minister to look at strengthening the Bill to stop companies like Coppen Estates from avoiding legislation. Emphasised the importance of freeholders responding and highlighted ongoing issues faced by constituents.

  • Bob Blackman Con Harrow East

    Requested the Minister to include the outcome of consultations, particularly on ground rents, in amendments tabled in Committee. Emphasised the need for clarity and action on these issues.

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