Protection for Homebuyers

Debate between Kate Green and Danielle Rowley

Thursday 13th December 2018 Westminster Hall

[Kate Green]

The hon. Gentleman has raised an important point about the impact on the reputation of the whole industry. Although some of the builders involved are household names, it is important to recognise that, as I have heard, some smaller local builders are implicated in delivering poor-quality build, whereas others meet a very high standard of both build and customer service. However, too often, it is the large developers—whose reputation people will be familiar with, and in which buyers might reasonably feel they could place some trust—that are letting their customers down so badly.

I will put on the record a few of the other major household names that I have heard mentioned, as although I will be talking about my constituents’ experience with Persimmon Homes, Persimmon is far from being the only offender. I have also heard about problems with Bellway Homes, which my hon. Friend the Member for Edinburgh South (Ian Murray) mentioned; Harron Homes; Charles Church, which is an arm of Persimmon; Linden Homes; David Wilson Homes; and Keepmoat Homes. It is entirely possible that colleagues will add to that list in the course of our discussion.

The problems of defects are compounded by the appalling customer service, and sometimes outright bullying, that homebuyers experience when they attempt to have defects remedied. My constituents in Woodsend began complaining about their new homes many months ago. Lisa tells me that she waited a year and a half before Persimmon even gave her a named customer service contact, although the company did find time in that period to pay its then chief executive a £75 million bonus. I wrote to the company on Lisa and her neighbours’ behalf earlier this year and was staggered to be told that it was not Persimmon’s policy to deal with MPs. However, it was not dealing with or responding to the homebuyers either. I think the House will agree that that is truly shoddy and reflects systemic problems that are incumbent on Government to sort out.

Buying a house is the biggest, most important purchase most of us will ever make. People work hard and save up for their dream home, but too often instead they are suffering huge cost, stress and inconvenience.

[Danielle Rowley (Midlothian) (Lab)]

I thank my hon. Friend for bringing such an important debate to the House. I want to add something about the frustration that her constituents feel, especially with Persimmon Homes. A constituent of mine said:

“Unfortunately, we have had nothing but continuous issues since we moved in. What should have been one of the happiest times for us has been plagued by bad workmanship and appalling communication and customer service.”

They expressed to me that it had had such an impact on their life at what should be a happy time. Does she agree that it is a life-changing moment and that bad house builders are causing such distress to constituents?

[Kate Green]

I absolutely agree. In fact, my hon. Friend’s constituents have been posting on Facebook about some of their experiences with Persimmon, which echo those of my constituents. She makes an important point about the impact these things have on people’s emotional wellbeing. Some of the homebuyers who have contacted me in recent weeks have talked about being forced to take time off work because of mental health problems created by the stress they are experiencing.

As my hon. Friend said, buying a new house is a life-changing moment for many people. In and of itself, it is a big, emotional, stressful experience and is often accompanied by other big life changes, such as leaving the family home for the first time or an enlargement to the family. It is important to acknowledge that that stress is significant, often lasts for a protracted period of time and is exacerbated by the reluctance of developers to engage with people’s problems.

Despite all that, house purchase is one of the areas of consumer law that is least protected in consumer legislation. Property is exempt from the Sale and Supply of Goods Act 1994, meaning that if it fails to live up to expectations, there is no right to reject it and demand a refund. The role of building control inspectors is to ensure that technical standards are met. They are not responsible for monitoring build quality.

What is more, the person carrying out the work—in other words, the developer—has the choice of which building control body to use to carry out the inspection. A confusing landscape of codes of practice, warranty schemes and even, as was reported on the “Victoria Derbyshire” programme, attempts to gag buyers from going public leave people at the mercy of the developers and warranty companies. All in all, as the HomeOwners Alliance says, people get less protection when buying a house than they do when buying a toaster.

What needs to change? The all-party parliamentary group for excellence in the built environment made a series of recommendations—I know the Minister will be familiar with them—in an extremely well researched and comprehensive report in 2016. Earlier this year, the Government undertook a much-needed public consultation on strengthening rights and protections for homebuyers. I welcome those initiatives, and I am glad the Government have indicated their support for the introduction of a new homes ombudsman, but there is no detail as yet or timescale for implementing that.

In the meantime, the multiplicity of codes, warranties and complaints systems makes things very complicated for homebuyers. The Home Builders Federation told me that it is working on a series of industry-wide reforms, including preparing for the introduction of an ombudsman scheme, a standard sales contract, a single code of practice and a minimum set of warranty standards. It hopes to work with mortgage providers so that compliance would be required for a purchaser to obtain a mortgage. That is all well and good, but I just do not think people will be reassured simply by a voluntary, industry-led approach. The Government need to be much more precise and prescriptive.

The HomeOwners Alliance and the all-party group have called for a number of measures that would significantly help to improve the situation for homebuyers. In her response, I hope the Minister will specifically address them. First, they propose a 2.5% snagging retention so that new-build homebuyers retain 2.5% of the cost of the house, which would be held back for six months, until the end of the defects period, where it would be paid over only if the defects have been corrected. That would create a powerful incentive for builders to sort out problems.

The HomeOwners Alliance and the all-party group propose a right for homebuyers to inspect their new home before moving in, without prejudice and with the right to bring their own surveyor or snagger. Builders selling their properties off plan will often refuse to let buyers inspect the property before they take the keys. That practice is unacceptable and should be ended.

Standardised contracts should include the full plan and specification as standard, rather than them being hidden away in an office. The contracts must include standardised terms and have more detailed specification so that builders cannot swap for cheaper materials. Consumer groups should be involved in the development of those contracts, otherwise the fear is that they will continue to be stacked in favour of the developer.

A focus on quality is much needed across the sector through the adoption of International Organisation for Standardisation standards. A review of the inspection and warranty regimes is required to give consumers reassurance that buildings meet standards set by Government and greater clarity about what is covered. Buyers believe their warranties will protect them for up to 10 years, but after the first two years, warranties typically cover only serious structural defects. Again and again in preparing for this debate, I heard reports of warranty companies refusing to take responsibility for sorting problems.

We also need minimum standards for compliance inspections. A single homebuyers code should replace the many different codes, which are so confusing for homeowners. The new ombudsman, funded by the industry—I think that is the Government’s intention—should be the guardian of the code. It should cover after-sales service as well as the quality of the building work.

Developers should not be able to recommend individual solicitors. That point was raised a few moments ago by my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders). Solicitors should be working for the homebuyer, but if they get most of their business via the developer, that naturally creates a conflict of interest.