Leasehold and Freehold Reform Bill

Debate between Lord Beamish and Clive Betts

2nd reading
Monday 11th December 2023 Commons Chamber

[Mr Clive Betts (Sheffield South East) (Lab)]

Generally, I welcome what is in the Bill, as does the Select Committee, based on our 2019 inquiry. It is what is not in the Bill that is disappointing—that is the difference. Let me go back to our report, which built on the work of the APPG—I congratulate the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley), and my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), who is now a shadow Minister, on their work. That report led to the work of the Competition and Markets Authority on mis-selling and the Law Commission report.

I want to go through some of the Select Committee’s recommendations and what the Government have followed through on, which we welcome. I also want to look at the matters omitted from the legislation, which could easily be added in Committee if the Government want to. Leasehold flats are more complicated, and they will probably not be added to the Bill in Committee. The Select Committee accepts the complications, particularly where properties are part commercial, part residential. However, our report was four years ago, which is a long time for the Secretary of State to work up a scheme to deal with leasehold flats, but we are not there. In the meantime, I hope that he will commit to the Committee’s recommendation for a programme of education and information for leaseholders, to ensure a better understanding of what commonhold is all about. There is a lack of understanding and information, and if we are to move to commonhold for new properties and encourage leaseholders in existing properties to convert, that programme is needed.

The legislation deals primarily with leasehold houses. We welcome the commitment to no new leasehold houses—or we will when the clauses are added to the Bill. We understand that that is for Committee. We welcome the commitment to removing onerous ground rents. The Select Committee looked in detail at the argument about the European convention on human rights.

[Mr Kevan Jones]

Does my hon. Friend agree that the Bill does not address issues associated with the growth in leasehold houses over the last few years? Earlier, I mentioned Persimmon, which has left a lot of residents with leases that include not only their own properties but common areas. Traditionally, when my hon. Friend and I were in local government, those would have been taken over by a local authority.

[Mr Betts]

There are real issues with that, which I was going to address later, but I will do so now. It is important to strengthen the right to manage, both for leaseholders and for freeholders in these estates who own the freehold of their house but not of the communal areas. I said earlier that in all property purchases where common areas remain in private ownership, there should be, at the point of purchase, a clear understanding of the agreement between the local authority and the developer about who is responsible for those common areas. In many circumstances it is simply opaque. Often, purchasers do not know who is responsible and are sent on a wild goose chase to find out once they have bought their property.

Returning to onerous ground rents, the Select Committee took counsel’s opinion, which was quite interesting, and made recommendations in paragraphs 114 to 116 of our report. There were two clear arguments why removing onerous ground rents from leases retrospectively was completely compatible with the European convention on human rights. The first, which most of us may not have thought about, is that controlling or changing rent is not confiscation of property but control of its use, so it does not conflict with the article on removing people’s property rights. Secondly, the convention includes a justification where the proposal has a wider beneficial impact on society, which can be offset against any impact on the property owner. Counsel’s opinion was that it was therefore perfectly justifiable under the European convention to remove onerous ground rents on existing properties.

Local Government Finance (England)

Debate between Lord Beamish and Clive Betts

Wednesday 9th February 2022 Commons Chamber

[Mr Kevan Jones (North Durham) (Lab)]

We have just heard it in a debate on the police grant, and we have heard it in this debate with the Secretary of State: the Government are treating 2019 like year zero. Anything that happened before then was nothing to do with them. He is increasingly trying to push the narrative that decisions around funding, local government, policing, fire or anything have somehow happened by accident. They have not: they have happened because of deliberate political decisions that, in some cases, the Secretary of State—who I think has been in the Government since 2010—has taken.

My hon. Friend the Member for Sheffield South East (Mr Betts) said that the most savage cuts have been made to local government, with a 56.3% cut in the past decade. The Cameron-Osborne approach was to cut the central Government funding to councils from central taxation and push it on to local council tax payers, thereby deflecting the blame when local councillors and council officials had to take some very tough decisions. We have had the galling situation over the past 10 years in County Durham of Conservative councillors standing up and blaming the Labour council for raising the council tax, when they know the real reason is that the formula being used has shifted the way local government is funded in this country from central to local taxation.

In County Durham’s case, that means that the county council’s budget has been cut by £232 million a year—40% of the council’s budget. The hon. Member for Bromley and Chislehurst (Sir Robert Neill) referred to Lord Pickles, and in the early days, we were told, “Don’t worry about this; it can all be sorted out if councils get more efficient”—that if they had fewer pot plants in council offices, as I think was said at one stage, or stopped serving tea and coffee at meetings, or sacked all their chief officers, somehow that would fill the gap. Well, that is absolute nonsense.

Another issue that affects counties like County Durham is that we now have an inbuilt mechanism that deliberately moves money from the poor areas with the highest need, to more affluent areas. That is no accident, but the result of a political choice. I take as an example County Durham, where 58% of our properties are in council tax band A, so if we raised the council tax by 1% we would raise £3.8 million. There are a couple of higher-band properties in my constituency—there is at least one castle, which may well be in the higher tax bracket—but there are very few higher band properties across County Durham. That should be compared that with Wokingham in Surrey, where only 2.8% of properties are in band A, so if it raises council tax by 1% it generates £8.9 million. Add to that the fact that we are not just moving that money to areas of lower need, but are ensuring that the poorest people in County Durham, or Knowsley or any other deprived community, pay the most, because we all know that council tax is a very aggressive form of taxation.

That is continuing. We again have a one-year settlement, and councils are now having to work out what they will do in coming years. The Policing Minister told us earlier that when it came to the fairer funding review on police funding, the train had left the station. He gave no indication of when it would arrive. Unless we tackle this issue, councils such as County Durham will always be at a disadvantage

As my hon. Friend the Member for Sheffield South East said, there is a lot of press and PR. The Government work on the basis of slogans, gimmicks and spin, and the latest one is levelling up. I might be one of the few people who have actually read the entire levelling-up White Paper, including the annex.

[Mr Betts]

Sad.

[Mr Jones]

Yes, I am, and the hon. Member for Redcar (Jacob Young) called me an anorak, so possibly I am both.

The White Paper’s analysis is not bad in that it raises the issue that we should be tackling, but it offers no solution to enable us to do that. I really enjoyed the undergraduate thesis on the Venetian city state and how Babylon was built, but again it did not reach any conclusions. Nevertheless, we have a Government who talk in terms of levelling up. My hon. Friend the Member for Sheffield South East is right: you cannot have levelling up if you exclude the way in which local government is financed.

The other sad thing is that the Government’s approach has mainly been around capital projects. I think it is because the Prime Minister has a fixation—he has a fixation on quite a few things—on projects where you can see that something is being built. No doubt a Minister or local Conservative Member of Parliament can unveil a plaque and say, “This is what we have achieved.” As my right hon. Friend the Member for Knowsley (Sir George Howarth) said, if it was a fair process, fine.

I used to have a saying, when I was in local government, that any idiot can spend capital, which they can. The more difficult thing is to get the revenue streams into the future. Like my right hon. Friend, distantly I used to understand local government finance, but no doubt my knowledge is a bit out of date. What I do recognise is that we can spend as much capital on projects as we like, but what is needed is the revenue funding to go alongside it for the day-to-day needs of our local communities.

My right hon. Friend the Member for Knowsley covered the bidding process very well, but the point is that, if it were a fair process, then fine, but it is not. Quite clearly, it is a pork barrel approach to the doling out of money to certain Conservative seats. Let me give an example in County Durham. Which constituency has either got new towns funding or levelling-up funding? The answer is Bishop Auckland.