Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what plans they have to evaluate the impact and effectiveness of the Homelessness Reduction Act 2018.
Answered by Lord Bourne of Aberystwyth
The Government has committed to reviewing the implementation of the Homelessness Reduction Act and how it is working in practice and will report back by March 2020. The review will provide important insight and will shape the Government’s future plans to further improve the approach to homelessness prevention.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what assessment they have made of the effectiveness of selective licensing schemes; when they intend to publish their review of the scheme; and whether they intend to support local authorities to expand the scheme.
Answered by Lord Bourne of Aberystwyth
In September last year the Government commissioned a thorough and independent review into the effectiveness of selective licensing. This is on schedule to report in Spring 2019. The Department will consider the outcomes of the review carefully and does not intend to pre-empt its findings with regard to changes in legislation or policy.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what plans they have to stop landowners and managing agents from using service charges to recover legal defence costs from home owners who they have entered legal disputes with.
Answered by Lord Bourne of Aberystwyth
Leaseholders can apply to the Tribunal at any time to make an order under section 20C of the Landlord and Tenant Act 1985 for the court or tribunal to limit or prevent the recovery of legal costs via the service charge. In addition Section 131 of the Housing and Planning Act 2016 amended the Commonhold and Leasehold Reform Act 2002 to give the courts and tribunals a discretionary power to reduce or extinguish a leaseholders liability to pay a particular administration charge in respect of litigation costs.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government what plans they have to allow Residents Associations to perform the same functions as Resident Management Companies in communities where the Residents’ Association represents the majority of home owners.
Answered by Lord Bourne of Aberystwyth
There are no plans to allow residents' associations to perform the same function as resident management companies. Instead, the Government has asked the Law Commission to review and streamline the current right to manage procedures, to make it quicker and easier for leaseholders and leasehold resident associations to take control of their buildings. The Law Commission is currently consulting on its proposals, which can be found at www.lawcom.gov.uk/project/right-to-manage. The consultation closes on 30 April.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether they plan to abolish the current transfer rent charge deed arrangements and replace them with a modern commercial contract to provide for an equitable balance of obligations between communal grounds landowner, independent managing agent and freehold house owners consistent with current consumer protection legislation.
Answered by Lord Bourne of Aberystwyth
As part of the response to the consultation Tackling unfair practices in the leasehold market the Government committed to legislate to ensure that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.
We set out our proposed approach to implementing these measures in part 4 of the recent consultation, Implementing reforms to the leasehold system in England, which was published on 15 October this year.
We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard
There are no plans to separately recognise freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate and those who do not. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager.
The consultation has now closed, and my officials are now analysing the responses. The Government intends to bring forward legislation to implement the changes as soon as Parliamentary time allows.
The Government has asked the Law Commission to review the existing Right to Manage legislation with a view to making the procedure simpler, quicker and more flexible. The Law Commission has been told about difficulties with managing shared property such as access roads and gardens used by other properties on the estate. They will therefore consider the qualifying criteria for Right to Manage applications to be extended to include freehold estates. The Law Commission will publish its consultation in January 2017
On 12 October, the Government announced the formation of the Regulation of Property Agents Working Group, chaired by Lord Best. Its principal aim will be to advise the Government on a new regulatory approach to letting, managing and estate agents
The Minister for Housing and Homelessness has asked the working group to look into whether fees and charges which affect both leaseholders and freeholders are justified, or whether they should be capped or banned.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether they plan to prohibit landowners appointing related companies as estate managing agents; and what assessment they have made of the extent to which appointing such managing agents allows estates to be run without regard to providing value for money services to leaseholders and freehold house owners who share communal grounds maintenance and service expenditure.
Answered by Lord Bourne of Aberystwyth
As part of the response to the consultation Tackling unfair practices in the leasehold market the Government committed to legislate to ensure that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.
We set out our proposed approach to implementing these measures in part 4 of the recent consultation, Implementing reforms to the leasehold system in England, which was published on 15 October this year.
We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard
There are no plans to separately recognise freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate and those who do not. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager.
The consultation has now closed, and my officials are now analysing the responses. The Government intends to bring forward legislation to implement the changes as soon as Parliamentary time allows.
The Government has asked the Law Commission to review the existing Right to Manage legislation with a view to making the procedure simpler, quicker and more flexible. The Law Commission has been told about difficulties with managing shared property such as access roads and gardens used by other properties on the estate. They will therefore consider the qualifying criteria for Right to Manage applications to be extended to include freehold estates. The Law Commission will publish its consultation in January 2017
On 12 October, the Government announced the formation of the Regulation of Property Agents Working Group, chaired by Lord Best. Its principal aim will be to advise the Government on a new regulatory approach to letting, managing and estate agents
The Minister for Housing and Homelessness has asked the working group to look into whether fees and charges which affect both leaseholders and freeholders are justified, or whether they should be capped or banned.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether they plan to legislate for the independent regulation of estate managing agents to ensure that they are subject to consumer and financial services markets protection rights, laws and regulations; and what assessment they have made of the efficacy of current legislation regarding the self-regulation of managing agents.
Answered by Lord Bourne of Aberystwyth
As part of the response to the consultation Tackling unfair practices in the leasehold market the Government committed to legislate to ensure that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.
We set out our proposed approach to implementing these measures in part 4 of the recent consultation, Implementing reforms to the leasehold system in England, which was published on 15 October this year.
We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard
There are no plans to separately recognise freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate and those who do not. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager.
The consultation has now closed, and my officials are now analysing the responses. The Government intends to bring forward legislation to implement the changes as soon as Parliamentary time allows.
The Government has asked the Law Commission to review the existing Right to Manage legislation with a view to making the procedure simpler, quicker and more flexible. The Law Commission has been told about difficulties with managing shared property such as access roads and gardens used by other properties on the estate. They will therefore consider the qualifying criteria for Right to Manage applications to be extended to include freehold estates. The Law Commission will publish its consultation in January 2017
On 12 October, the Government announced the formation of the Regulation of Property Agents Working Group, chaired by Lord Best. Its principal aim will be to advise the Government on a new regulatory approach to letting, managing and estate agents
The Minister for Housing and Homelessness has asked the working group to look into whether fees and charges which affect both leaseholders and freeholders are justified, or whether they should be capped or banned.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether they plan to provide freehold house owners legal rights equivalent to those of leaseholders, including legal rights to (1) manage blocks of houses, and (2) make an application to appoint a manager to the first-tier tribunal of the property chamber, where current and future property developments comprise a mixture of leasehold flats and freehold houses within communal grounds.
Answered by Lord Bourne of Aberystwyth
As part of the response to the consultation Tackling unfair practices in the leasehold market the Government committed to legislate to ensure that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.
We set out our proposed approach to implementing these measures in part 4 of the recent consultation, Implementing reforms to the leasehold system in England, which was published on 15 October this year.
We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard
There are no plans to separately recognise freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate and those who do not. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager.
The consultation has now closed, and my officials are now analysing the responses. The Government intends to bring forward legislation to implement the changes as soon as Parliamentary time allows.
The Government has asked the Law Commission to review the existing Right to Manage legislation with a view to making the procedure simpler, quicker and more flexible. The Law Commission has been told about difficulties with managing shared property such as access roads and gardens used by other properties on the estate. They will therefore consider the qualifying criteria for Right to Manage applications to be extended to include freehold estates. The Law Commission will publish its consultation in January 2017
On 12 October, the Government announced the formation of the Regulation of Property Agents Working Group, chaired by Lord Best. Its principal aim will be to advise the Government on a new regulatory approach to letting, managing and estate agents
The Minister for Housing and Homelessness has asked the working group to look into whether fees and charges which affect both leaseholders and freeholders are justified, or whether they should be capped or banned.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether they plan to recognise freehold house owners who share maintenance expenditure for communal grounds, gardens and assets on estates comprising a mixture of leasehold flats and freehold houses as distinct from normal freeholders and leaseholders; and what steps they will take to give such freehold home owners access to (1) inexpensive alternative dispute resolution processes, and (2) full consumer protection rights.
Answered by Lord Bourne of Aberystwyth
As part of the response to the consultation Tackling unfair practices in the leasehold market the Government committed to legislate to ensure that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.
We set out our proposed approach to implementing these measures in part 4 of the recent consultation, Implementing reforms to the leasehold system in England, which was published on 15 October this year.
We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard
There are no plans to separately recognise freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate and those who do not. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager.
The consultation has now closed, and my officials are now analysing the responses. The Government intends to bring forward legislation to implement the changes as soon as Parliamentary time allows.
The Government has asked the Law Commission to review the existing Right to Manage legislation with a view to making the procedure simpler, quicker and more flexible. The Law Commission has been told about difficulties with managing shared property such as access roads and gardens used by other properties on the estate. They will therefore consider the qualifying criteria for Right to Manage applications to be extended to include freehold estates. The Law Commission will publish its consultation in January 2017
On 12 October, the Government announced the formation of the Regulation of Property Agents Working Group, chaired by Lord Best. Its principal aim will be to advise the Government on a new regulatory approach to letting, managing and estate agents
The Minister for Housing and Homelessness has asked the working group to look into whether fees and charges which affect both leaseholders and freeholders are justified, or whether they should be capped or banned.
Asked by: Baroness Thornhill (Liberal Democrat - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government why their consultation Tackling Unfair Practices In The Leasehold Market, published on 25 July 2017, did not include issues of unfair practice related to long-term flat leaseholders and freehold house owners who share maintenance expenditure for communal grounds, gardens and assets.
Answered by Lord Bourne of Aberystwyth
As part of the response to the consultation Tackling unfair practices in the leasehold market the Government committed to legislate to ensure that freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate can access equivalent rights as leaseholders to challenge their reasonableness.
We set out our proposed approach to implementing these measures in part 4 of the recent consultation, Implementing reforms to the leasehold system in England, which was published on 15 October this year.
We intend to create a new statutory regime for freeholders based on the leaseholder rights contained in the Landlord and Tenant Act 1985. This will ensure maintenance charges must be reasonably incurred and services provided are of an acceptable standard
There are no plans to separately recognise freeholders who pay charges for the maintenance of communal areas and facilities on a private or mixed tenure estate and those who do not. We will provide freeholders with the ability to challenge the reasonableness of the charges they are required to pay towards the maintenance of communal areas and facilities at the First-tier Tribunal. We are also considering whether freeholders should have a right to change the provider of maintenance services by applying to the tribunal for the appointment of a new manager.
The consultation has now closed, and my officials are now analysing the responses. The Government intends to bring forward legislation to implement the changes as soon as Parliamentary time allows.
The Government has asked the Law Commission to review the existing Right to Manage legislation with a view to making the procedure simpler, quicker and more flexible. The Law Commission has been told about difficulties with managing shared property such as access roads and gardens used by other properties on the estate. They will therefore consider the qualifying criteria for Right to Manage applications to be extended to include freehold estates. The Law Commission will publish its consultation in January 2017
On 12 October, the Government announced the formation of the Regulation of Property Agents Working Group, chaired by Lord Best. Its principal aim will be to advise the Government on a new regulatory approach to letting, managing and estate agents
The Minister for Housing and Homelessness has asked the working group to look into whether fees and charges which affect both leaseholders and freeholders are justified, or whether they should be capped or banned.