Leasehold and Commonhold Reform

Debate between Justin Madders and Bob Stewart

Tuesday 20th December 2016 Commons Chamber

[Justin Madders]

As a former practising solicitor—not in this area, I hasten to add—I think it is fair to say that some solicitors are now probably more alive to the traps that can be found in leases. I have looked at my constituent’s lease, and to say that it is not set out very clearly would be an understatement, but it still should have been picked up on.

[Bob Stewart]

Following what my hon. Friend the Member for Worthing West (Sir Peter Bottomley) has just said, surely it is the responsibility of a solicitor helping someone to buy a house to point these things out, because they are professionally qualified and they should know very well what is happening. I cannot understand why that does not happen.

[Justin Madders]

I think that individual solicitors have to answer for what they have done. From my knowledge of the profession, I think that over the years we have seen a much more streamlined process for advising people on their purchases and sales and lots of standard documentation, which I think is why some of these things have been allowed to happen. I suppose the real question is this: why would a developer want to put such an onerous clause in a sales document, knowing that if word of it got out people would think very carefully about whether they wanted to buy the property? As we know, they are selling these leases on to third parties, so actually there is no benefit to them. That is the heart of it. I do not think that the legal profession comes out of this with any great plaudits, but clearly the fault for having the clauses in the first place lies with the developers, and I have yet to hear any reasonable explanation for why they are there in the first place.

My constituents feel that they have been duped by Taylor Wimpey. The reservation form that they signed stated that the ground rent was £175 a year, and there was no mention of it doubling every 10 years. I understand that Taylor Wimpey has now decided not to sell any new properties on a leasehold basis, which is good news—