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Leasehold and Freehold Reform Bill - Sitting 3
18 January 2024
Type
Public Bill Committee
At a Glance
Issue Summary
Clive Efford introduces witnesses from organisations supporting leaseholders and homeowners to provide evidence on the Leasehold and Freehold Reform Bill. Sue Phillips discusses the rights and protections for shared ownership leaseholders under the Leasehold and Freehold Reform Bill, emphasizing the need for equal protection compared to other leaseholders. The speaker discusses the need for leaseholders to have a statutory right to lease extension and the importance of ensuring this right is affordable. Clive Efford is questioning representatives about leasehold and freehold reform, focusing on ground rents, the standardization of information at the point of sale, and service charge provisions. The statement discusses the need for transparency and regulation in the conveyancing process and service charges for leasehold properties. Clive Efford introduces and begins a session to hear oral evidence from property law experts regarding leasehold and freehold reform. The statement discusses issues related to commonhold implementation and the impact of non-litigation costs on leaseholders. The discussion focuses on the Scottish system of tenements and its potential applicability to leasehold reform in England. Clive Efford is discussing the Leasehold and Freehold Reform Bill, specifically addressing regulations for private estates and management agents. Clive Efford addresses the Leasehold and Freehold Reform Bill, discussing the imbalance of power between developers/freeholders and leaseholders, and the impact of regulatory measures on property rights. Paul Broadhead discusses the complexities and issues within the UK's leasehold system, including financial difficulties caused by rapidly increasing ground rents. The statement discusses issues related to leasehold properties, including the need for clearer information disclosure and regulation of managing agents to protect consumers. Clive Efford is concluding the session of the Public Bill Committee on Leasehold and Freehold Reform Bill.
Action Requested
Efford requests that witnesses introduce themselves and provides a brief welcome before starting the questioning session, reminding Members to adhere to the scope of the Bill and timing constraints.
Key Facts
- Paula Higgins is the founder and CEO of HomeOwners Alliance.
- Sue Phillips is a leaseholder and founder of Shared Ownership Resources.
- Bob Smytherman is chairman of the Federation of Private Residents’ Associations.
- Shared owners face issues such as less security of tenure compared to private leaseholders.
- Shared owners are liable for possession with no reimbursement of invested equity if they fall behind on payments.
- Housing associations should ensure transparency in marketing practices regarding shared ownership liabilities.
- The Government's programme has failed to recognize the impact on financially vulnerable households.
- Shared owners often believe they have rights similar to other leaseholders, which is not always true due to short leases.
- There is a moral argument for statutory right to lease extension for those sold short leases.
- The Government committed to requiring freeholders and managing agents to provide leasehold information at the point of sale within a defined time limit and maximum cost, but this is not included in the current Bill.
- Estate agents are supposed to provide basic up-front information about whether a property is leasehold or freehold, but only half comply with this obligation according to Paula Higgins' report on leasehold.
- There is a need for better regulation of managing agents and housing associations promoting shared ownership to ensure they provide accurate upfront information.
- The current lack of regulation leads to disputes due to hidden information by managing agents.
- The Property Institute represents about 50% of property managers of leasehold property.
- There is a need for redress mechanisms when there are disputes with property managers or landlords.
- The witnesses are Professor Andrew Steven from the University of Edinburgh.
- Professor Christopher Hodges is an emeritus professor at the Centre for Socio-Legal Studies at the University of Oxford.
- The session will continue until 12:40 pm.
- Professor Hodges supports the Law Commission's recommendations on commonhold implementation.
- Property law moves slowly, and there is a need for change management to transition effectively.
- Non-litigation costs under clause 12 may deter leaseholders from extending their leases or acquiring freeholds.
- The Tenements (Scotland) Act 2004 addresses tenement structure.
- In Scotland, there are issues regarding money for repairs to flatted properties and owner engagement.
- Professor Hodges suggests modernizing and simplifying the system comprehensively.
- Clive Efford is discussing the Leasehold and Freehold Reform Bill.
- Professor Hodges supports the regulation of property agents working group reforms as outlined by Lord Best's RoPA.
- Efford suggests cutting and pasting relevant regulatory bits from the Building Safety Act 2022 to regulate private managing agents.
- Professor Hodges chaired the Post Office Horizon compensation board advising Ministers in the past few weeks.
- The Law Commission concluded that any financial gain for landlords will be at the expense of leaseholders, with their interests being diametrically opposed.
- In Scotland, since 2011 there has been legislation regulating managing agents handling insurance of blocks.
- The organisation's report “Leaseholds—Time for a change?” was published in 1984.
- There are over 4 million leasehold properties in the UK.
- Property prices being too high affects affordability irrespective of tenure.
- Managing agents should be regulated.
- Fees and service charges need to be made clear to borrowers.
- Properties below 11 metres are excluded from remediation provisions.
- The session is concluded due to time constraints.
- The committee will reconvene at 2 pm in the Boothroyd Room.
- Witnesses are thanked on behalf of the Committee.
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