Residential Estate Management Companies

Matthew Pennycook Excerpts

Tuesday 22nd April 2025 Westminster Hall

[The Minister for Housing and Planning (Matthew Pennycook)]

It is a pleasure to serve with you in the chair, Mr Stuart. I congratulate the hon. Member for South Devon (Caroline Voaden) on securing this debate. I commend her for giving the House a much-needed opportunity to discuss the important matter of residential estate management companies in detail. I thank her for so clearly highlighting the pertinent issues in her opening remarks. I also thank all the other hon. Members who have spoken for the insight they have provided. I assure them that I well understand the strength of feeling when it comes to this issue.

The debate as a whole has not only underscored the case for acting to tackle the problems associated with freehold estate management arrangements, but highlighted that those problems take various forms. Part of the challenge facing the Government, and why we believe appropriate consultation in this area is essential, is ensuring that the interventions we make in due course capture the diversity of models and challenges.

We have covered a large range of specific issues today. I will address as many as I can in my response. We have also strayed into leasehold and commonhold. The White Paper is very distinct from the freehold estate issues that the majority of hon. Members have spoken about today and on which I will therefore mainly focus my remarks.

The Government estimate that there may now be as many as 1.75 million homes on privately managed estates in England, although I must make clear that not all of them are liable to pay charges. As the debate has made abundantly clear, the prevalence of such freehold estates creates a wide range of problems—problems that, not least as a result of the dogged campaigning by groups such as the National Leasehold Campaign and the Home Owners Rights Network, are now well known and well understood by the public.

Historically, any given local authority and water company would adopt the respective parts of a new residential estate. They would set clear, adoptable standards and provide oversight to ensure those were delivered, but more recently, and especially over the past 10 to 15 years, we have witnessed the growth of private management arrangements, where shared infrastructure, amenities and open spaces are not adopted and responsibility for the costs of ongoing maintenance instead falls on the residents of the estate through an estate rent charge, which residents pay in addition to council tax. The infrastructure and amenities provided on these estates all too often do not meet the minimum standards for adoption. In the worst cases, residents are left living in unfinished and sometimes dangerous developments.

The problem of unfinished housing developments is obviously not confined to freehold estates, and part of the answer is the proper enforcement of planning obligations, but private management models clearly exacerbate the problems faced by many homeowners in this scenario by leaving them liable for the upkeep of the partially completed or unfinished infrastructure.

That is just one of the many problems that residential freeholders living on freehold estates across the country are struggling with. Others include poor service and abuse at the hands of unscrupulous managing agents—we have heard many such examples in the debate today—as well as limited to no transparency about how the charges they pay are spent, onerous restrictions placed on the title deeds of their properties, and a general lack of control over how their estate is managed. These problems are more acute in some cases than others. For example, the absence of any measure of control is most acute in the case of the approximately 20% of freehold estates that have what is known as an embedded management company set in the title deeds of the relevant properties. To take another example, the challenges associated with opaque fees are magnified in estates where management arrangements are fragmented, with more than one managing company; residents have to navigate multiple companies, each of which levy fees for services in a way that significantly increases the potential for abuse.

As many hon. Members mentioned, last year, the Competition and Markets Authority published its study into the housebuilding industry. I encourage any hon. Member who has not yet had the time to read that report in full to do so. The CMA identified the private management of public amenities on housing estates as a detriment to consumers and concluded that

“the root cause of the aggregate detriment…is the decrease in levels of adoption of amenities by relevant authorities”.

The Government agree with the CMA’s conclusion that the housebuilding market is not delivering for consumers and has consistently failed to do so over successive decades.

As hon. Members will be aware, the report made a number of recommendations to Government and we published a response in full. It called for measures to strengthen protection for existing homeowners, as well as for the Government to mandate adoption of all new estates and to implement common adoptable standards for infrastructure. The Government have accepted many of the recommendations in principle, but we recognise that further work is required in a number of areas.

In the immediate term, we need to introduce protections for residential freeholders on already constructed freehold estates. As hon. Members mentioned many times, part 5 of the Leasehold and Freehold Reform Act 2004 contains powers to establish a regulatory framework that to provide such protections, including the provision of standardised demands and an annual report; giving homeowners the right to challenge the reasonableness of charges levied; requiring estate managers to consult homeowners where the anticipated costs exceed an appropriate amount; and giving residential freeholders the right to apply to a tribunal to appoint a manager in the event of serious management failure. Taken together, these measures will vastly improve the situation for many residential freeholders, improving transparency and driving accountability among estate management companies.

As I set out in my written ministerial statement last November, the Government recognise the importance of acting as quickly as is feasible to implement these provisions, but the establishment of a new regulatory framework through detailed secondary legislation requires us to grapple with a range of technical questions. It is important that we carry out appropriate consultation to make sure that the new system operates effectively and to the lasting benefit of residential freeholders.

[John Glen]

The Minister is setting out a thorough analysis of the challenge that he faces. Could he say something about the distinction between existing entities and those that are yet to be set up? One of the concerns is that the Government’s legislation will not deal fully with existing arrangements, and that the none of the cases that we have heard about today will get redress from the Government’s intervention.

[Matthew Pennycook]

To be clear, the protections we are talking about, which we intend to switch on as soon as is feasible and were provided for by powers under the Leasehold and Freehold Reform Act passed by the previous Government, will benefit existing residential freeholders on existing estates. I will come to the prevalence of those arrangements in due course, but I can reassure hon. Members that we intend to carry out that consultation this year, as promised, and that I am doing everything I can to expedite it.

Beyond the short-term need to protect residential freeholders better, we have to take steps to reduce the prevalence of private estate management arrangements, which are the root cause of the problems we are considering today. In my written ministerial statement, I committed the Government to consulting on legislative and policy options to achieve that objective. I hope that hon. Members appreciate that this is not a simple and straightforward area of policy and that the implications of policy choices are potentially far-reaching.

[Lewis Cocking]

Will the Minister give way?

[Matthew Pennycook]

Yes. I will try to give way to as many hon. Members as I can.

[Lewis Cocking]

I want to make a point about solicitors’ practices and what information people get when they buy their properties. I think that a number of people go into these contracts under false pretences and do not fully understand what they are responsible for and what they may end up paying for.

[Matthew Pennycook]

There are undoubtedly issues around the purchase of homes on these estates. For example, it appears to be fairly common for residential freeholders not to be notified of their future liability for charges early in the conveyancing process. We are giving due consideration to those issues as well.

On the prevalence of future arrangements, the Government intend to seek views from a wide range of interested parties, including local authorities, management companies, developers and residential freeholders themselves. Our consultation will need to consider a wide range of trade-offs, including costs to homeowners, costs to local authorities, potential impacts on housing supply and the links with the planning system. As promised, we will consult on that matter this year.

[Jim Shannon]

Hon. Members have referred to opting out—in other words, if someone is unhappy with their management company, they can opt for another one. Would the Minister consider that, and would it be considered in the discussions he has with the Northern Ireland Assembly and the pertinent Minister?

[Matthew Pennycook]

Given the time available to me, I will have a separate conversation with the hon. Gentleman outside.

Before I conclude, I want to touch on the issue of managing agents, whose performance can present significant challenges, whether they are chosen by residents or employed by developers. Managing agents perform a critical role in managing and maintaining freehold estates as well as leasehold buildings, and the Government are determined to raise standards among them and drive out abuse and poor service at the hands of unscrupulous agents. We remain fully committed to strengthening the regulation of managing agents of leasehold properties and estate managers of freehold estates. We are looking again at the report published in 2019 by the regulation of property agents working group chaired by Lord Best. At a minimum, we believe that the regulation of managing agents should include mandatory professional qualifications. That will apply whether the agent manages a building or an estate. We will consult on the detail of that matter this year and remain committed to publishing a draft leasehold and commonhold reform Bill in the second half of this year to provide for enhanced scrutiny on the part of Parliament.

I again thank the hon. Member for South Devon for securing the debate and all those who have taken part in it. The Government intend to act, and act decisively, to protect residential freeholders on freehold estates and to reduce the prevalence of these arrangements over the long term. I look forward to ongoing engagement with hon. Members on all sides of the House—I welcome the shadow Minister’s invitation to that end—through both the forthcoming formal statutory consultations and more informal engagement across the House to ensure that we reform the system to the lasting benefit of affected homeowners.