Freehold and Leasehold Reform

Matthew Pennycook Excerpts

Wednesday 5th July 2023 Westminster Hall

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

It is a pleasure to serve with you in the Chair, Mr Sharma. I declare an interest: my wife is the joint chief executive of the Law Commission, the work of which I will cite later in my remarks.

I congratulate the hon. Member for Dartford (Gareth Johnson) on securing this important debate, and I commend him for the remarks he made in opening it. I thought that he did an admirable job of bringing home to the House the poor service and, indeed, the abuses that many leasehold and resident freeholders on private or mixed-tenure estates routinely face at the hands of their managing agents. He also made a strong case for action to ensure that leaseholders and those residential freeholders are better protected.

I thank all Members who have participated in the debate. We have heard a series of excellent contributions that have highlighted—often in painstaking detail, because Members are engaging with this on a weekly and monthly basis at their surgeries—how, all too often, leaseholders in all parts of the country are treated by developers, freeholders and managing agents not as homeowners or even as valued customers but as a source of profit to be gouged almost as those parties see fit in many cases.

The hon. Member for Dartford focused his remarks on the problems associated with managing agents and estate management companies, and he was right to draw particular attention to them. The Opposition, of course, recognise that there are good managing agents who work hard to ensure that the residents they are responsible for are safe and secure and that the homes they manage are properly looked after. However, as we have repeatedly argued over recent years, the case for doing more to protect leaseholders from poor service and exploitation at the hands of unscrupulous managing agents is as watertight as they come. Relying on incremental improvement and the sharing of best practice within the industry to raise standards is bound to fail.

To bear down on bad practice and improve the lives of leaseholders, the Government need to act. They have a ready-made blueprint for doing so, because in 2018, Ministers tasked a working group chaired by the noble Lord Best with bringing forward detailed recommendations on how a new regulatory framework for property agents should operate. That working group’s final report, which made a series of proportionate and sensible recommendations, was published in July 2019, yet in the intervening 48 months, the Government have done nothing to progress the implementation of those recommendations.

It is not at all clear why that is the case, especially given the fact that there are clearly opportunities to bring forward and progress such legislation, with the paucity of business that the House is dealing with at present. Can the Minister give us a clear answer today to this question: do the Government intend to implement the recommendations set out in the regulation of property agents working group’s final report in what remains of this Parliament? We are looking for a simple yes or no.

Regulating the dysfunctional property agent market alone is not enough. It is the inherent flaws of the leasehold system that ultimately enable substandard managing agents to abuse and exploit leaseholders and residential freeholders. Even if the Government did introduce regulation to raise standards and drive change within the property agent industry, leaseholders would still struggle with punitive and escalating ground rents, unjustified permission and administration fees, unreasonable or extortionate charges and onerous conditions that are often imposed with little or no consultation. As my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) argued in a powerful speech—I commend him for the dedication he has shown to securing change in this area—what is needed is fundamental and comprehensive reform of the leasehold system to address the historical iniquity on which it rests and to ensure it works in the interests of leaseholders.

However, having ostensibly agreed with us on that point, over recent months it has become clear that the Government are likely to row back on the commitments they previously made in respect of leasehold reform. Let me remind the House what those commitments were. In 2017, the Government asked the Law Commission to suggest improvements to both the leasehold and commonhold systems, and once the recommendations were published in July 2020, they made it clear that they were considering how to implement all of them. In 2022, the Government passed, with our support, the Leasehold Reform (Ground Rent) Act 2022, which set ground rents on newly created leases at zero. Ministers assured us that that legislation was merely the first part of a two-part seminal programme to implement wide-ranging reforms in this Parliament.

In January this year, in an interview with The Sunday Times, the Secretary of State went further and unambiguously announced his intention to abolish the leasehold system in its entirety, raising expectations correspondingly among leaseholders across the country. Not only are leaseholders still waiting for the publication of the leasehold reform part 2 Bill—the hon. Member for Congleton (Fiona Bruce) was right about the need for urgency; leaseholders have been waiting for far too long for change in this area—but credible recent reports have suggested that while we will see a further piece of leasehold legislation in the King’s Speech later this year, it is likely to be a more limited one.

In the Opposition day debate we secured on this subject on 23 May, the Minister claimed that there had been no Government U-turn on leasehold reform, yet she also repeatedly refused to commit to the fundamental and comprehensive reform package that leaseholders had been led to expect was forthcoming, and the statement that the approved motion called on the Government to bring forward by 23 June has not materialised. I will give the Minister another chance today to unambiguously clarify the Government’s position. If she was correct in asserting that there has been no U-turn on leasehold reform, will she give leaseholders across the country a cast-iron guarantee that the Government will legislate to implement all the Law Commission’s recommendations on enfranchisement, commonhold and the right to manage before the end of this Parliament—yes or no? If she will not do so, will she at least assure leaseholders who are watching that a slimmed-down leasehold reform part 2 Bill will still contain the most significant of the Law Commission’s recommendations in relation to the right to manage and commonhold?

I put that question specifically to the Minister because, in the Opposition day debate on 23 May, Ministers reaffirmed their commitment to taking forward a number of measures relating to leasehold enfranchisement, from the abolition of marriage value to a cap on ground rents in enfranchisement calculations, but we heard next to nothing in that debate in the way of a solid commitment regarding the right to manage or commonhold. That is a matter of real concern because reform of both is essential if we are to fundamentally and comprehensively overhaul the current system.

Right-to-manage reforms are necessary to provide a remedy to leaseholders who cannot afford to enfranchise, and commonhold reforms are imperative if we are to have a viable system for regulating blocks of flats apart from leasehold.

I hope the Minister will not refuse to engage with the questions, because leaseholders across the country deserve answers now on precisely what the Government mean when Ministers state that the Government remain committed to bringing forward further leasehold reforms, not least because, as the hon. Member for St Ives (Derek Thomas) pointed out, so many leaseholders have put transactions and their lives on hold while they have waited, and continue to wait, to find out what the Government ultimately intend to legislate for.

Unless and until leaseholders receive answers and a renewed commitment from the Government to enact all the recommendations of the Law Commission on enfranchisement, commonhold and the right to manage, leaseholders will reasonably conclude that the Government have scaled down their ambition, and that the only way to ensure that the leasehold system is completely overhauled to the lasting benefit of leaseholders, and commonhold reinvigorated to such an extent that it becomes the default and ultimately renders leasehold obsolete, is to vote Labour at the next general election.