Protection for Homebuyers

Justin Madders Excerpts

Thursday 13th December 2018 Westminster Hall

[Kate Green]

I am grateful to my hon. Friend for making that point. The issues of protections through statute and of information to purchasers will be among the many points that I hope to draw to the Minister’s attention during the remainder of my speech.

A couple of weeks ago, the BBC’s “5 live Investigates” reported on the shocking experience of a couple who had moved into a new Bovis home in Worcestershire. During that programme, homebuyer Craig read out a list of a staggering 354 defects in their new house. Last week, the “Victoria Derbyshire” programme reported on homebuyers who found that the mortar in the walls of their new Barratt and Taylor Wimpey homes was crumbling. Buyers report that once they have decided to buy a house, they are placed under considerable pressure to complete the purchase speedily, so that the developer is paid and managers meet their sales targets. Quality is clearly being compromised as a result of those pressures.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

The pressure that buyers are put under to conclude purchases quickly is something I hope to talk about later on. Is my hon. Friend aware of issues with developers insisting that particular solicitors complete the transactions?

[Kate Green]

Indeed I am, and that too is a point to which I hope to return in the course of my remarks.

--- Later in debate ---

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate my hon. Friend the Member for Stretford and Urmston (Kate Green) on securing this extremely important debate and on the way she managed to cover a whole range of issues. There are many aspects to this issue. As my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) said, I am vice-chairman of the all-party parliamentary group on leasehold and commonhold reform. I pay tribute to him and the hon. Member for Worthing West (Sir Peter Bottomley) for the work they have done, ably aided by the Leasehold Knowledge Partnership, in raising the many issues in many debates here.

The title of the debate is “Protection for Homebuyers”. The truth, as we have heard, is that there is little protection, if any. We have a system based on the historic principle of caveat emptor—buyer beware—which is a principle I often hear quoted back at me when I raise concerns about some of the more insidious practices developers have adopted over recent years. Buyers should beware, because caveat emptor relies on a buyer and a seller having equal bargaining power, and that is simply not the reality in 2018. We have a huge shortage of housing, there are significant barriers for buyers in getting on the housing ladder and there are a handful of huge companies responsible for the vast majority of housing delivery.

The situation has been exacerbated by the Help to Buy equity loan scheme, which offered support to first-time buyers for new-build homes only. That led to an effective monopoly being held by some developers. If someone wanted to purchase their first home in the area where they grew up, the only choice would have been to visit the sales office of an individual supplier.

[Kate Green]

Does my hon. Friend agree that it is not just individual homebuyers who are being ripped off by some developers, but the taxpayer, because it is public money, through the Government’s Help to Buy scheme, that is helping to boost their profits?

[Justin Madders]

I absolutely agree. The reliance on this small group of developers has been a very poor deal for the taxpayer, and it is against that backdrop that the leasehold scandal has emerged. Once-trusted household names such as Bellway, Persimmon, Redrow, Taylor Wimpey and Countrywide acted in, I believe, a deliberate way to exploit the circumstances and rip off thousands of people around the country—and the taxpayer, in the process.

For no other reason than profiteering, houses in many areas gradually began to be sold on a leasehold rather than a freehold basis. Punitive permission fees—where a leaseholder is forced to pay a significant sum for everything from putting up a shed to changing a carpet—were hidden in the small print of the leases. Service or maintenance charges were then added, charging leaseholders for the same services that they are already paying council tax for. If that was not enough, the developers then added onerous clauses, causing the ground rent in many cases to periodically double, taking them from an initial modest sum to thousands of pounds after a few decades, rendering the properties unmortgageable and unsellable in the future. The ground rent is, of course, being levied for absolutely nothing in return.

When purchasers query the leases on the properties, they are offered a range of scripted reassurances, being told that the properties are “virtually freehold” and that they would have first refusal to buy out the lease. In almost every case, the lease is then sold without the knowledge of the person actually living in the home, to become an income stream for a network of opaque investment companies. People are then told they can purchase the freehold of their own home only if they are prepared to offer tens of thousands of pounds.

As we have heard, purchases of these properties take place in an extremely tight and completely artificial timescale, imposed by the developer through a hard-sell approach. To compound the unequal relationship between the parties to the transaction, a variety of pressure and incentives are used by developers to encourage the use of a solicitor on their own panel. While the solicitor of course has a duty to act in the interests of the purchaser, the reality is that when hundreds of cases are being provided by the developer, that independence is inevitably put under some strain.

My constituent, Katie Kendrick, has helped to lead an incredible campaign on behalf of leaseholders around the country against this scandal, and I pay tribute to her for everything she has done to bring it to the attention of the public. Her own case is a textbook example of the kind of issues we have talked about. In July 2014, with her husband, she bought what transpired to be only the lease to her home from Bellway, a company with a revenue of more than £2.5 billion last year. It was bought through the Help to Buy scheme, and they had only 28 days to complete the purchase following payment of the £500 deposit to reserve the plot. Because of this developer-imposed and completely arbitrary timeframe, Katie and her husband were pressured into using the Bellway-recommended solicitors.

They were informed during the process that, after two years, they would have the right to buy their freehold without any problems and that it would cost in the region of £2,000 to £4,000. Less than two years later, in February 2016, they received notification that the freehold to their home had been unilaterally sold to Adriatic Land 4 (GR1) Ltd. When they inquired whether they could purchase the freehold, they were quoted an amount of £13,350.

I have concluded that Katie’s experience was deliberately manufactured, because it is simply not feasible for the exact same actions to have become standard practice across a range of developers throughout the country. If this situation, as I believe, was deliberately manufactured to exploit thousands of people up and down the country, what is the Minister going to do about it?

If the situation is so serious and inequitable that it should be banned from ever occurring in the future, as is the Government’s apparent policy, how can she justify taking no action to help those people who have already been affected? What examination has been undertaken of the Government’s role in the leasehold scandal? Does she accept that Help to Buy—a scheme created with good intentions—not only helped to create a monopoly position that was exploited, but has also subsidised the perpetrators? What is going to be done about that?

The Housing, Communities and Local Government Committee investigation into these issues is extremely welcome, and I would urge anyone who has not yet done so to look at the evidence provided to date. Some of the responses from developers are completely incredible, in the literal sense. All the developers were unanimous in their support for ending the leasehold scheme that they have already inflicted on thousands of people around the country. Taylor Wimpey told the Committee that when the doubling ground rent issue

“came to our attention...we made a very quick decision to convert the homes that we sell to freehold.”

That implies that until that point they were unaware of the basis on which they were selling their homes.

When Bellway was asked why it sold the freehold off to a third party rather than to the people actually living in the property, their chief executive, Jason Honeyman, replied:

“It is how we have always operated as a business. I am sure that is not the answer you want.”

A member of the Committee pressed him further on this point:

“I am asking why your customers do not get the chance to exercise the opportunity to buy their freehold. You are selling the freehold out from under them without their knowledge.”

His response was simply:

“Yes, we are.”

We know from many Bellway customers that they were specifically told by the sales staff they would be able to buy the freehold, yet here is the chief executive admitting that they have always sold them on to third parties. That, more than anything, shows that when I first called this scandal the payment protection insurance of the housebuilding industry, I was right to do so.

Although the initial response to this emerging scandal from the Government was the right one and was positively received by leaseholders, there is a huge amount of frustration at what are perceived as broken promises. Leasehold houses are no longer to be completely banned, as was promised by the Government. Ground rents will not be reduced to a peppercorn, but to £10, which creates an asset and again amounts to a broken promise by the Government. Will the Minister explain why there has been this backtracking from removing ground rents altogether to having a minimum cost? For all those people already trapped in leasehold properties more than two years on from the scandal coming to public attention, we have little more than warm words from the Government, and no action.

One of the reasons for people’s anger is that, although obscene bonuses have been awarded to Persimmon executives, the bulk of the profits have come from the taxpayer through the Help to Buy scheme. The Government need to accept that they are not simply a bystander, but a financer of the scandal. They cannot simply watch from the sidelines as our constituents continue to be ripped off while a handful of predators generate profits. It cannot be right that the companies that are guilty of this industrial-scale rip-off are the very same ones that we will end up relying on to get us out of the country’s very real, very damaging housing crisis. There seems to be an over-reliance on the market to deliver the new homes that we desperately need. I have seen very little evidence to suggest that developers will act responsibly.

As the leasehold scandal shows, developers have become ever more adept at squeezing cash out of homeowners. Another way of doing that is through the provision of grounds maintenance and other communal services. It seems that the idea of the developer paying the local authority a commuted sum to cut the grass and maintain common paths has had its day. I am not clear whether the blame for that lies with local authorities for asking for too much or with developers that are not prepared to cough up enough funds in advance. I am sure they will always blame each other. The net effect is that more and more homeowners now have, in effect, to pay twice for the maintenance of open spaces—once through the management fee and once through their council tax.

Of course, council tax pays for lots of things, but something as visible and obvious as grounds maintenance leads people to ask why they face a double-whammy. My suspicion is that developers will always be tempted to save themselves the expense of an up-front payment to the local authority by letting their customers pay further down the line long after they have fled the scene. It is not only a double payment; it is also inefficient and lacks accountability. If the grass is not cut on the verges in most parts of my constituency, either I or a local councillor will hear about it and respond. It is not that easy to get a response from a management company.

I want to say a few words about the difficulty in getting developers to comply with their legal obligations once they have completed the bulk of the work. Yet again, the name Bellway crops up. Although it finished building the properties on an estate several years ago, the roads have yet to be adopted by the local authority, because they are not yet up to highway standards. Years of wrangling and paperwork followed the work. We all know about the significant cuts in funding that local authorities have experienced, and yet they have to waste their precious resources chasing developers that are reluctant to face up to their responsibilities.

Another example of that in my constituency is in the Mostyn House development in Parkgate. Originally, it was a boarding school in a listed building. Once the school shut, the site was an attractive one for developers. It is now an impressive mix of new builds and apartments woven into the fabric of the old school, but it suffers from one major disadvantage: although some people have lived there for five years, it still does not have planning permission. The reason for that is that the revised plans were submitted halfway through the redevelopment. Despite the best efforts of the local authority enforcement officers, the developer, PJ Livesey, continually dragged its heels, and as a result there is still an outstanding long list of works.

Our Front-Bench spokesman, the hon. Member for Great Grimsby (Melanie Onn), is not someone who goes around fishing for compliments, but she and the shadow housing team are very engaged on these issues. I hope they continue to develop a full suite of important policies that will tackle many of the injustices we have heard about.

The net effect of all this is that there is no protection for homeowners. Once the developers have left town, they show little interest in keeping to their legal responsibilities. Worse, they continue to market their properties as a revenue stream for third parties.

As my hon. Friend the Member for Stretford and Urmston said earlier, why can we not have a retention scheme for snagging? Part of the purchase price could be held by an independent third party, only to be released when everyone was satisfied that things had been resolved. We do that with deposits for tenancies, and we are talking about something much more significant—sometimes a once-in-a-lifetime investment. People deserve more protection than they currently get. The cowboys in the developer sector need to be consigned to the history books.

--- Later in debate ---

[Mrs Wheeler]

There are discussions going on about commonhold. I will be happy to talk to my hon. Friend about this offline.

Our technical consultation on how to improve the leasehold market and make it fairer for consumers has now closed, and we are analysing the responses. We want to see developers support everyone who has onerous ground rents, including second-hand buyers, and for customers to be proactively contacted. We are helping existing leaseholders by making it easier and quicker for leaseholders to form residents’ and tenants’ associations. We are proposing a single, mandatory and legally enforceable code of practice covering letting and managing agents, giving people a clearer and simpler route to redress. We are publishing a how-to-lease guide for consumers and looking carefully at how we currently give support and advice to leaseholders.

The hon. Member for Washington and Sunderland West (Mrs Hodgson) was very interested in educating leaseholders. We are publishing the how-to-lease guide, which will educate leaseholders. We have also held workshops with the industry to develop the how-to-buy and how-to-sell guides, which will be published in 2019.

The hon. Member for Poplar and Limehouse asked about leasehold reforms. LEASE, the group that we use to help give information, is unambiguously on the side of leaseholders. LEASE no longer pursues any commercial interests and it does not advise leasehold professionals. [Hon. Members: “Good.”] Yay—I just had a good. Get that in Hansard—sorry, I shouldn’t say that.

The hon. Member for Washington and Sunderland West asked about permission fees. Lord Best has a working group that is considering permission fees and whether they are reasonable or they should be banned in total.

The hon. Member for Ellesmere Port and Neston (Justin Madders) mentioned the £10 ground rent. For a peppercorn to exist there must be a consideration of exchange of money. We are concerned that peppercorn could be open to abuse and therefore we have considered that an amount should be specified in statute. We have chosen £10 because that is the annual amount used for right to buys.[Official Report, 21 January 2019, Vol. 653, c. 1MC.]

[Justin Madders]

It is helpful to have that explanation, because I have been mystified about what led to that situation. Obviously, peppercorns have been around for centuries; I do not know whether there is some legal advice that the Minister may be able to share, even confidentially, about why we still have to have a financial figure rather than a peppercorn.

[Mrs Wheeler]

Given the previous week’s history of sharing legal advice, I might skip over that one, if the hon. Gentleman does not mind. Perhaps he and I could have a cup of tea. The £10 peppercorn ground rent was part of our recent leasehold consultation and we will be considering our approach in light of the responses to the consultation.