Leasehold Houses Scandal

by Property 118

0:01 AM, 7th September 2018
About 3 months ago

Leasehold Houses Scandal

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Leasehold Houses Scandal

Thousands of homeowners are stuck in properties they cannot afford to continue living in and cannot sell, because they bought them as leasehold. In most cases, buyers were unaware of what being a leaseholder would mean, and some didn’t realise they were only buying the lease until it was too late.

NAEA Propertymark surveyed more than 1,000 people who only bought the leasehold on their house, to explore the extent of the scandal which has left thousands of Brits facing escalating ground rent, extortionate fees for making cosmetic alterations like changing their front door, and unable to sell their homes.

Buying a leasehold house

The analysis revealed that 78% of leasehold house owners bought their home directly from a developer, rather than going through an estate agent, and when it came to completing the purchase, 65% used the solicitor their house builder recommended. For 15% of those, they weren’t told they weren’t buying the freehold by a professional – they had to find it in the contract themselves.

Further, nearly half (45%) didn’t know they were only buying the lease until it was too late, and 57% didn’t understand what being a ‘leaseholder’ meant until they had already purchased the property. Almost half (48%) were unaware of the escalating ground rent until it was too late, and as a result, the vast majority (94%) regret buying a leasehold, and two thirds of these homeowners (62%) feel like they were mis-sold.

Living in a leasehold house

In most leasehold agreements, the freehold stipulates that homeowners must seek permission to make cosmetic alterations, with one in ten (10%) homeowners having faced a charge for doing so. On average, freeholders charged homeowners £1,422 to install double glazing, £887 to change the kitchen units, and £689 to replace the flooring. Some even faced bills for changing their blinds (£527) and installing a new front door (£411).

Selling a leasehold property

Of those currently trying to sell their home, a third (31%) are struggling to attract a buyer because they don’t own the freehold, and a quarter (25%) have had interest from house hunters, but when they found out the property was being sold as leasehold, they were deterred. As a result of this, one in five (18%) have actively tried to buy the freehold to make their property more attractive to prospective buyers, while 41% are thinking about doing it.

The vast majority (93%) say they definitely wouldn’t buy another leasehold property, because of their experiences.

Mark Hayward, Chief Executive, NAEA Propertymark said: “Buying a home is a big undertaking, and one of the biggest financial and emotional investments we make. Those who buy a newbuild are often under the impression that buying something brand new means it will be perfect, but unfortunately that isn’t the case and most buyers have no idea about the trappings of a leasehold contract until it’s too late.

“In June, the Secretary of State for Housing, James Brokenshire, announced that housing developers would no longer be able to use new Government funding schemes for unjustified new leasehold house sales. This is good news for future homeowners, particularly first-time buyers who accounted for 50 per cent of leasehold house sales over the last 10 years; they typically have less bargaining power in the market so often opt for newbuild sales directly from developers. However, the challenge now is looking at what can be done to help those stuck in leases.”

Paying twice?

In a leasehold flat or apartment, the service charge may cover maintenance of communal hallways, cleaning, and fixing things like guttering, roofs or building management. However, in leasehold houses, there are unlikely to be communal areas inside the property and instead the service charge will usually cover the maintenance of outdoor communal areas. More than half (51 per cent) of those living in leasehold houses therefore feel that alongside council tax, they’re paying for same thing twice.

What can we do?

NAEA Propertymark asked those affected what they would like to see the industry do to help them; some want to be able to buy their freehold ‘at a fair price’, while others suggested that the industry should ‘support an investigation into unreasonable or unlawful sales’. Several want to see the end of service charges or help towards legal costs, but ultimately, the majority want to ‘render any existing leaseholds null and void’.

Mark Hayward concludes: “If you buy a newbuild house, you’d usually deal directly with the developer’s sales team rather than an estate agent. But sales assistants aren’t bound by the Estate Agents Act 1979, leaving buyers vulnerable and without protection, which explains why so many feel like they were mis-sold. Almost all of the homeowners we surveyed (93%) say they wouldn’t advise their friends or family to buy a leasehold home, which is a damning indictment on the industry. It’s time we listened to this and sought a robust solution for all those affected, unable to sell their homes, and serving a leasehold life sentence.”



Comments

Neil Patterson

9:02 AM, 7th September 2018
About 3 months ago

Katrine Sporle, The Property Ombudsman comments on the NAEA Propertymark leasehold report issued today:

“The findings today are stark and this scandal is one that needs to be sorted. New build homes are not currently covered by an Ombudsman which means many consumers who feel like they were mis-sold, or are facing issues, have nowhere to go to seek redress. With the Government currently looking to strengthen consumer redress in the industry, we urge them to include new homes in order to provide a better housing market for all.”

David Price

9:59 AM, 7th September 2018
About 3 months ago

The solution is easy, convert all leasehold property to commonhold, the government must alter the rules to make it easy. The rules for conversion are currently so restrictive that it is near impossible to convert a leasehold to commonhold even if only two properties are involved.

Darren Peters

11:22 AM, 7th September 2018
About 3 months ago

If the builder supplied a solicitor for ease of transaction, the solicitor would still be acting for the purchaser (and mortgagee) and would surely have a duty to point out that the Lease has such unusually onerous clauses. This being the case perhaps there’s scope for a class action against the solicitor.

Probably too much to hope the mortgage companies would get involved to protect their diminishing security but you never know.

Ms Leaseholder

11:24 AM, 7th September 2018
About 3 months ago

It's ridiculous that it should have gotten to this, but let's look forward to a fix, hopefully a good one and hopefully finalised sooner rather than later!
https://www.parliament.uk/business/committees/committees-a-z/commons-select/housing-communities-and-local-government-committee/news/leasehold-reform-launch-17-19/

Edwin Cowper

11:55 AM, 7th September 2018
About 3 months ago

As a lawyer with a great deal of residential leasehold properties, I suspect that a lot of the work carried out did not require permission from the landlord. The landlord has merely taken the opportunity to charge some poor unsuspecting tenant who applied because he/she thought he had to.
An example of likely non-chargeable work is changing the units in the kitchen.
Even if there was some electrical change it is unlikely a charge should be made.
These statistics need to be looked at very carefully. And there should be general advice on line at - say - Which to cover this area


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