Leasehold Reform and New Homes

Debate between Jim Shannon and Matthew Pennycook

Wednesday 28th February 2024 Westminster Hall

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is an absolute pleasure to serve with you in the Chair, Mrs Harris, and to follow the hon. Member for Hertford and Stortford (Julie Marson). I am very glad that she mentioned the question of a share of freehold: we pushed for that in Committee, and it is one of several measures necessary to pave the way for the commonhold future that so many of us in the House want to see.

I congratulate the hon. Member for Harborough (Neil O’Brien) on securing this important debate, on opening it as compellingly as he did and on the persuasive argument he made yesterday on Report on the Leasehold and Freehold Reform Bill. He spoke in support of greater ambition in addressing the many inequities of the leasehold system. Although I disagree with his assertion in yesterday’s debate that that Bill is our one chance to end the arcane and discriminatory practices that leaseholders and residential freeholders are at the mercy of, it certainly represents our only chance to do so in this Parliament. On the Labour Benches, we wholeheartedly agree that the Government should go further than the Bill does.

I thank all hon. Members who have contributed to the debate. Those contributions, like yesterday’s debate, highlight that there is widespread support across the House for ambitious leasehold and commonhold reform. Once again, I want to put on record the thanks of those on the Labour Benches to all those who have campaigned tirelessly, often over many decades, for an overhaul of leasehold law. In particular, I thank the leaseholders and residential freeholders who have resolutely refused to accept the inequities of the flawed system they are so often at the mercy of, and who have taken it on themselves to vigorously make the case for change.

In responding to the debate, I do not intend to revisit yesterday’s many principled arguments and exchanges on leasehold reform in general. Instead, I will simply provide some further detailed thoughts on some of the specific issues that have been raised this afternoon, starting with the management of private and mixed-tenure estates. The distinct set of problems faced by residential freeholders on those estates with charges and fees is well known and well understood. The Government have publicly recognised for at least six years that it is a very serious problem, and we welcome their decision to use the Leasehold and Freehold Reform Bill to introduce statutory protections for freehold homeowners that are equivalent to those enjoyed by long leaseholders in respect of service charges.

As the Minister will recall, in Committee we pressed for specific changes to strengthen the new estate management regulatory framework, not least to rectify some of the obvious deficiencies of the existing leasehold regulation regime that it mirrors. We hope that the Government will give them further consideration. In our view, of particular importance is the need for a right-to-manage regime for freeholders on private and mixed-tenure estates. It is not enough merely to give residential freeholders on those estates the right to challenge the reasonableness of charges and to hold estate management companies to account. They should enjoy the right to take over the management functions on their estate, and we believe there is appetite among freehold homeowners to exert more direct control in that way. In yesterday’s debate on Report, the Minister made it clear that the Government understand the strength of feeling on the issue and are considering it further. Will the Minister provide a little more clarity today and tell us whether the Government are seriously considering tabling amendments in the other place to provide parity between residential leaseholders and freeholders when it comes to the right to manage?

As the hon. Member for Harborough rightly argued yesterday, ensuring that residential freeholders on existing private and mixed-tenure estates are better protected is one thing, but reducing the prevalence of the arrangements is another. The Government must act to do the latter, as that is the best way of addressing the root causes of so many of the problems that residential freeholders face. However, we believe it would be wrong simply to force local authorities to adopt such estates without corresponding changes to ensure that the public infrastructure and amenities built on them are built to a determined, adoptable standard, so that financially hard-pressed councils are not forced to repair and maintain poor quality roads and common services at great cost. I would be grateful if the Minister could provide some assurances—we touched on this on Committee—that the Government are actively exploring the mix of legislative and policy changes that will be required to make progress on both of those fronts, adoption and common adoptable standards.

[Jim Shannon (Strangford) (DUP)]

I apologise that I could not be here when I was supposed to be, Mrs Harris. I was meeting some people from Hong Kong on issues of human rights and freedom. I thank the shadow Minister for letting me intervene. Leasehold reform has been the subject of much discussion, such as in yesterday’s debate in the main Chamber. Does he not agree that there is a real need for urgent leasehold reform? It affects so many of our constituents—from young people, who are starting their lives, to older people, who are trying to downsize. We must make this change, especially at a time when every penny counts for most people, whether they are young or old.