Leasehold Reform (Ground Rent) Bill [Lords]

Eddie Hughes Excerpts

Report stage & 3rd reading
Monday 24th January 2022 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to make a contribution in such debates, and it is nice to be here. When we look at amendment 1 and the reasons why the right hon. Member for New Forest West (Sir Desmond Swayne) tabled it, as he expressed in his contribution, it is hard to say that we should not support it.

We must make sure that there is financial fairness for leaseholders, especially long leaseholders who plan to hold a lease for more than 21 years. The issue of ground rent payment has been brought to my attention by my constituents, and the hon. Member for Warrington South (Andy Carter) rightly gave an example of his constituents. An elderly couple in my constituency, who paid their mortgage off more than 15 years ago, are still paying ground rent of more than £50 a year. Although that is not much, I am pleased that the need to abolish this has been recognised. We already changed the legislation in Northern Ireland, so I understand why this Minister and Government are looking forward to making these changes tonight. Many Members have stated that many people have long leases with higher ground rents at the start of their lease, with shorter ground rent review periods. As a result, leaseholders face unsustainable ground rents, so there is a real need to change this, as hon. Members have said.

Leaseholders with high or escalating ground rents will often struggle to remortgage or sell their houses, leaving them in greater financial distress. The Bill aims to restrict ground rents on newly created long residential leases, with some exceptions, to a token of one peppercorn a year. That effectively restricts ground rents to zero financial value. The intention is to make leasehold ownership fair and more affordable for leaseholders. We should support that purpose.

In Northern Ireland, individuals can apply to the Land Registry to buy out their ground rent. In some cases, the individuals cannot afford to pay the substantial sum outright, so I am pleased that the Bill has assurances for long leaseholders and that Government have protected householders. If ground rent is demanded in contravention of the Bill and any payment received is not returned in 28 days, the landlord will face a fine ranging from £500 to £30,000 per qualifying lease. The fines are clear and hopefully prohibitive.

However, there is one substantial problem with the Bill, as others have said: it will apply only to new leases and will not assist existing leaseholders faced with high and escalating ground rents. I feel that they should not be left behind and I would be grateful if the Minister clarified this matter, looked at it again and considered the impact that the situation has not only on finance, but the possibility of remortgaging or selling property.

The Bill’s commencement date has also raised concerns across the House, so I would be grateful if more clarity was given about that. A Bill on broader leasehold reform is expected in the third Session of this Parliament and I would encourage discussion and a closer look at how the situation can be improved to make circumstances easier for leaseholders. Others have said that we just need a wee bit more movement, and perhaps that can be done in the next Session.

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Eddie Hughes)]

This is a bit like the Rolling Stones tour in that I said goodbye to the hon. Member for Weaver Vale (Mike Amesbury) and he has come back for an encore, for another concert. However, like the Rolling Stones, it is good to see him back again. I thank all right hon. and hon. Members for their contribution to this debate and for the constructive way in which they have engaged with the Bill throughout its passage. I particularly thank the Opposition Front Bench team for their helpful contributions.

I will address each amendment, starting with amendment 1 in the name of the hon. Gentleman. The difficulties faced by existing leaseholders have rightly been raised by Members across the House, both in Committee and in correspondence. I understand Members’ points about the fact that the Bill relates only to new leases. I point out, however, as I did in Committee, that the Bill is just the first of two-part legislation to reform the leasehold system and that further legislation will follow in this Parliament, so I encourage others, including my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), to engage with me in discussions on the second part of the legislation as it begins to form.

The Government understand the urgency of the need for changes for leaseholders paying out unacceptable charges day to day. However, I do not think that the arbitrary deadline in new clause 1 is useful in this context, and similar is true of the alternative deadlines suggested by the hon. Member for Sheffield South East (Mr Betts). Although I appreciate that this is not completely relevant, Madam Deputy Speaker, on what he said about new burdens, the point of legislation such as this is to encourage people to behave appropriately so that they treat leaseholders fairly and there are no cases. However, as the Bill is implemented and we see how it develops, I look forward to discussing with him and the Levelling Up, Housing and Communities Committee the impact that that will have on councils.

[Justin Madders]

The new clause is obviously not going to find favour with the Minister tonight, but could he at least give us the date—maybe even just the year—by which leasehold will finally be in the history books?

[Eddie Hughes]

I would love to be tempted by something like that, but given that we have just gone through two years of a rather unexpected global pandemic, it is best not to pin these things down too firmly.

Unfair practices have no place in the housing market, and the Government are committed to ending them. That is why, in addition to our proposed reforms, we asked the CMA to carry out an investigation into the potential mis-selling of homes and unfair terms in the leasehold sector. We are clear that we want to see existing homeowners who have been affected obtain the justice and redress they deserve. During 2021, through determined negotiations, the CMA secured commitments from Aviva, Persimmon, Countryside Properties and Taylor Wimpey to amend their practices, which included righting the wrongs of doubling ground rents and houses being sold as leasehold. These settlements will help to free thousands more existing leaseholders from unreasonable ground rent increases. I am sure the whole House will join me in welcoming the progress the CMA has made.

Indeed, the investigation continues, and we are closely monitoring those developers and landlords that have failed to sufficiently change their practices, such as those described by my hon. Friend the Member for Warrington South (Andy Carter). The action against major industry players serves as a warning to other developers with similar arrangements in place. Let me be absolutely clear in reiterating the Government’s position: we want to see other developers come to the table.

Again, I reassure hon. Members that we take the plight of existing leaseholders extremely seriously, and we are making moves across a number of areas of Government policy to reflect that commitment. It is on that basis that I ask the hon. Member for Weaver Vale to withdraw the new clause, and to work with me on the development of further reforms to support existing leaseholders, as I have described—or, alternatively, the hon. Member for Greenwich and Woolwich (Matthew Pennycook) and the hon. Member for Ellesmere Port and Neston (Justin Madders), with his experience through the work of his APPG.

On amendment 1, which is in the names of my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) and my hon. Friend the Member for Waveney (Peter Aldous), as hon. Members will know, it is our intention to protect leaseholders from unfair practice through this Bill by ensuring that in future regulated leases are restricted to a peppercorn rent unless excepted. The Government believe that those who purchase retirement homes should benefit from the same reform as other future leaseholders. While we would like the provision of the Bill to come into effect as soon as possible, we have decided to give the retirement sector additional time to prepare for these changes. The transition period for retirement properties is being granted in recognition of the fact that the sector had previously been informed that it would be exempt. We have provided this additional time—first announced over a year ago, on 7 January 2021 —for the sector to prepare for these changes. As such, the ground rent Bill will come into force no earlier than 1 April 2023 for retirement homes. We have carefully considered this to ensure we are striking the right balance—giving the retirement sector time to transition and ensuring that protection for leaseholders comes as quickly as possible.

Amendment 1 seeks to exempt retirement properties from the peppercorn rent provisions where part of the development remains unsold at the commencement of the Bill and where the development itself was commenced prior to 6 July 2021. There is a simple reason why I am rejecting this, which is that we want to protect more leaseholders. The amendment would mean that many new leases enter the market charging a monetary ground rent, with more consumers of retirement properties being left outside the Bill’s protections.

[Sir Desmond Swayne]

What was the rationale for granting the exemption in the first place? Surely the Minister recognises that, for many people in the retirement sector, it will be in their financial interest to pay a lower purchase price and have a continual ground rent, rather than to pay a significantly greater capital sum upfront. Individual circumstances will of course differ.

[Eddie Hughes]

I was delighted when I was appointed as a Minister for the Department on 16 January 2021. The negotiations to which my right hon. Friend refers pre-date my time at the Department, so I will have to take his word for what happened. It is important that as many people as possible benefit from the provisions of the Bill. We have offered a generous transition period and many people have already adopted their operating models, so he can be reassured: the sector will cope.

The amendment could serve only to incentivise any retirement developer to sell simply one unit on a development before commencement of these provisions in order to continue to charge ground rents on all the properties in that development. The amendment would risk providing a loophole. Throughout consideration of the Bill, arguments concerning the transition period have been made on both sides: there have been those who wished to extend the period, including by application to part-sold properties, and those who wished to remove the period entirely.

On Second Reading, we heard arguments by my right hon. Friends the Members for Chipping Barnet (Theresa Villiers) and for New Forest West in favour of amending the transition period for the sector. Subsequently, I had helpful conversations with representatives of the retirement development sector, whom I met on 8 December. I am grateful to them for taking the time to explain their position to me.

We appreciate that there are likely to be some developments that will continue to include a mixture of properties with monetary and peppercorn ground rents. That will not be limited to retirement properties, and we do not consider that that is a compelling case for retirement sector leaseholders to be exempted or treated differently. I put it to you, Madam Deputy Speaker, that there is a simple way to avoid this: reduce all ground rents to a peppercorn.

The Bill provides a clear-cut date for consumers. If a regulated lease is sold after the date, there can be no monetary ground rent. That is transparent and easy for consumers to understand. Indeed, many consumers may already be planning their purchase based on that date, secure in the knowledge that they will be protected from pointless monetary ground rents from that point forward. To bolster the clarity and transparency provided by the Bill, we will of course ensure that all relevant leaseholders are aware of the legislation and the impact that it will have on them, before the Bill comes into force. I therefore ask Members not to press the amendment.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Eddie Hughes]

I beg to move, That the Bill be now read the Third time.

I start by thanking colleagues across the House for their support for this important piece of legislation. I am pleased to say that there has been recognition from both Houses of the importance of getting the Bill enacted promptly for the benefit of generations of future leaseholders, and I thank the Opposition, particularly the hon. Members for Weaver Vale (Mike Amesbury) and for Sheffield South East (Mr Betts), for their engagement and valuable input. I also wish to put on record my thanks to those who served on the Committee; the Chairs, my hon. Friend the Member for Kettering (Mr Hollobone) and the hon. Member for Sunderland Central (Julie Elliott); the Clerks; and particularly my hon. Friend the Member for Redcar (Jacob Young) for ably assisting me throughout.

The Bill delivers an important improvement to the leasehold system for future generations of home owners. It is a vital step towards addressing the historic imbalance in the leasehold system and it is integral to the Government’s broader reform to create a housing market that works for everyone. It has benefited from a number of amendments both here and in the other place, and I thank all those who have participated in debates and given their time. The changes have included raising the maximum penalty from £5,000 to £30,000, giving certain powers to Welsh Ministers when a property is in Wales and a range of important clarifications that ensure that the Bill will not have unintended consequences. Taken together, the amendments have significantly strengthened the legislation.

The Bill is narrowly focused on the ground rent of future residential leases, but it is understandable—

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

I strongly support the Government’s commitment to ending the practice of charging unfair and excessive ground rents. As my hon. Friend will know, residents in park homes such as those in Penton Park in my constituency are still facing excessive pitch fee rises each year. Does he agree that legislation should be introduced to link the pitch fee review inflation index to the consumer price index rather than the retail price index as soon as possible?

[Eddie Hughes]

As I have said, the Bill is narrowly drafted, so the pitch fees do not apply. However, the Government are committed to making the changes for which my hon. Friend has been campaigning, and we will make those changes when legislative time allows.

Although the Bill is narrowly focused, it is understandable that Members—including, just now, my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer) —have raised broader issues relating to the leasehold system. We understand that many leaseholders feel trapped in a system that is not working for them, and we are determined to provide greater protection and support for all leaseholders. The Government are committed to undertaking an ambitious and far-reaching programme of reform of the leasehold system, and I can assure the House that we are working apace to bring about those reforms.

[Sir Mike Penning (Hemel Hempstead) (Con)]

I thank the Minister for giving way to me, because it saves me a speech.

The most important aspect of the legislation to which the Minister has just alluded is that “far-reaching” should not mean “far away”. It is really important for leaseholders that it should be introduced as soon as time is available, and any help that the Minister may need in cajoling other parts of Government to introduce legislation as soon as possible to protect leaseholders in a way that this Bill does not will no doubt be extremely welcome.

[Eddie Hughes]

I strongly suspect that my right hon. Friend will be catching up with the Secretary of State next time they walk through the Lobby together, and will be making exactly that point to him.

[Barry Gardiner (Brent North) (Lab)]

May I take up the point made by the right hon. Member for Hemel Hempstead (Sir Mike Penning)? When the Minister conducts that far-reaching review, will it return to the case of Custins v. Hearts of Oak Benefit Society back in 1969? Will it consider the abolition of leasehold, and the full ability of leaseholders to take on the franchise and ultimately the freehold of their buildings?

[Eddie Hughes]

I think it is too early for me to be able to predict exactly what will be in the Bill, and what its reach and remit might be, but I am sure I will be open to conversations with the hon. Member to discuss his thoughts on what could go into it.

It would be remiss of me to not mention that in fact only two weeks ago we launched a public consultation to seek views on proposals to allow more leaseholders in mixed-use buildings to take control and ownership of their building. That consultation will play an important role in shaping the next stage of our reforms to create a fairer leasehold system in England and Wales.

I thank the Competition and Markets Authority for the vital role it is playing in improving the sector for existing leaseholders. The CMA has already helped thousands of leaseholders to gain access to justice since opening its investigation, and I welcome its dedication in the ongoing fight against abuse in the sector. Let me repeat that the CMA’s action against industry players serves as a warning to others, and we expect those who continue to permit such poor practices to heed the example set by the investigation.

[Sir Peter Bottomley (Worthing West) (Con)]

To save the Minister time, may I, on his behalf and that of the whole House, thank the Leasehold Knowledge Partnership, the campaigning charity, especially Sebastian O’Kelly and Martin Boyd, together with their compatriots in the campaigning groups without whom we would still be saying that there was a major problem that had not yet been recognised?

[Eddie Hughes]

I thank the Father of the House for saving me the trouble of having to offer those thanks.

I thank Welsh Ministers and their officials for their engagement on the relevant amendments, both here and in the other place. My thanks also go to the Local Government Association, National Trading Standards and the relevant tribunals, all of which have provided support with the progress of this legislation. I again thank all Members for their contributions. This legislation will make a real difference to thousands of future leaseholders across England and Wales, and I commend the Bill to the House.