Showing posts with label lease. Show all posts
Showing posts with label lease. Show all posts

Friday, 21 July 2017

Leasehold homeowners are ‘overpaying to extend’ leases

By Felicity Hannah

Leaseholders are being charged extortionate fees to extend their leases, but that’s not the only expensive, and largely unknown, problem plaguing owners and buyers


Homeowners living in leasehold properties are being asked to pay extortionate prices to extend the leases on their homes. That’s the conclusion of the London School of Economics and Political Science (LSE), which has analysed data from 8,000 sales of leasehold properties showing how the sale price varied depending on how much time was left on the lease.

The cost of extending a lease relies on a concept called relativity, which describes how the value of the home drops as the lease term runs down. The lower the relativity, the more it costs to extend the lease.


It’s a tricky concept but the outcome can have a dramatic effect on costs. Relativity is expressed as a percentage and it’s the difference in value between a short lease and an effectively freehold home – such as one with a 999-year lease and low, fixed rents. The lower the relativity, the more it costs to extend the lease.

The problem is that the LSE research suggests that the current practises underestimate the value of leases when there are under 70 years remaining. And that means that leaseholders who pay to extend their leases could be paying thousands of pounds too much.

James Wyatt, a chartered surveyor and one of the authors of the research, said:  “Our findings mean that many leaseholders may be seriously overpaying for lease extensions. Our alternative, evidence-based calculations could result in savings in the order of thousands of pounds for most leaseholders, and much more for owners of some of the most expensive properties.”

The findings are yet another blow for leaseholders who have been rocked by a series of scandals suggesting they are being overcharged, under-informed and potentially even exploited.

Campaigning against clauses

It was recently revealed that some developers, including Taylor Wimpey, were selling homes with 999-year leases but adding clauses that doubled the ground rent every 10 years. That meant they incurred significant additional costs within just a few decades, affecting their sale value.

Buyers also found that their leaseholds had been sold onto investment companies. Instead of being able to buy them after a couple of years for a few thousand pounds, they were being asked for 10s of thousands.

Campaign groups have sprung up demanding action and in the spring Taylor Wimpey announced it would pay £130m to alter the terms of doubling leases for some owners of newly built leasehold properties.

At least now the government has noticed the issue. Despite the Queen’s Speech being heavily dominated by Brexit, the issue of leasehold transparency was included.

The speech included: “We will consult and look to take action to promote transparency and fairness for leaseholders. We will look at the sale of leasehold houses and onerous ground rents, working with property developers, the Competition and Markets Authority and others.”

However, this was put forward as an aim and not detailed as part of any particular bill. It does show that alleviating buyer concerns is back on the government’s agenda.

Consumer confusion

The Home Owners Alliance (HOA) has warned that the issue of leasehold properties is exacerbating the country’s homeownership crisis. In fact, it has issued a strongly worded statement accusing the sector of “widespread malpractice and lack of consumer understanding”.

Whether it could be regarded as malpractice or not, there is certainly no doubt about the consumer confusion. HOA research shows that just 58% of leaseholders questioned said they knew the length of their current lease, and almost a quarter of these said it was less than 80 years. That is widely seen as the number at which the lease begins to harm the property’s value and so its ‘mortgageability’.

What’s more, property listings often don’t offer information on the tenure of the homes for sale. In fact, less than half of those surveyed actually specified whether a home was freehold or leasehold. And only a quarter of the listings specified the amount of time left on the lease.

Paula Higgins, head of the HOA, said: “Unscrupulous and avaricious actors within the property industry are using sharp leasehold practices to line their own pockets and fleece householders.”

She added: “Developers and estate management companies rely on leasehold to bamboozle consumers, charge exorbitant administration fees, ever increasing ground rents and render properties unsellable.

“The situation is exacerbated by the fact that many estate agents are themselves ignorant about leasehold and fail to inform and educate their customers properly. The government needs to take urgent legislative action to protect people from these practices, help people who are already trapped and avert a full-blown crisis.”

Perhaps the one good thing to come out of the scandals and the extension prices and the baffled buyers trapped in a home they apparently own but pay rent on, is that more people are reading up on leaseholds and their limitations. At the very least, developers are facing greater scrutiny of their leasehold practises – from government, from campaigners and from buyers themselves.

http://www.independent.co.uk/money/spend-save/leasehold-homeowners-overpaying-extend-leases-fees-sales-housing-market-a7848556.html

Thursday, 6 July 2017

Leasehold investors labelled ‘socially irresponsible’ as MPs gear up to get reform on the Government’s agenda

By Marc Shoffman

https://www.hafodhousing.org.uk/assets/images/news_photos/LEASE-logo2-292x300.jpg

Tory MP Sir Peter Bottomley has labelled investors in freeholds as “socially irresponsible” as he issued a warning that Parliament would turn its focus on them.

Speaking at the first meeting of the All Party Parliamentary Group on leasehold reform under the new Parliament, co-chairman Bottomley called on investors to put things right.

He said: “The people who have bought these freeholds from developers are in my view going to face significant parliamentary attention to ask how they could buy a freehold for £5,000 and a year or two later charge buyers increased terms to buy it back.

“It is unfair, social irresponsible and wrong.”

Speaking at the meeting, a representative from the Department for Communities and Local Government told MPs Brexit legislation was a more urgent priority but any work on leasehold reform would be as stated in the Housing White Paper and Queen’s Speech, which referred to improving transparency and fairness for leaseholders.

Bottomley responded that he would propose another debate in the chamber to ask the Government how proposals would be taken forward.

The meeting also heard from a representative from Jennifer Bourne of the Council of Mortgage Lenders (CML), now part of UK Finance, who warned that banks were conscious of the effect of onerous ground rent and leasehold terms that could hit home lending in the future.

A representative from Nationwide, Robert Stevens, urged other lenders to follow the building society’s lead by imposing minimum acceptable lease terms on first-time new build transactions of 125 years for flats and 250 years for houses. The lender also will only lend on new builds where the maximum acceptable starting ground rent is limited to 0.1%  of the property’s value.


The changes, announced in May, are limited to new applications on new build transactions and will not apply to properties being sold second hand.

http://www.propertyindustryeye.com/leasehold-investors-labelled-socially-irresponsible-as-mps-gear-up-to-get-reform-on-the-governments-agenda/

Wednesday, 21 June 2017

New Housing Minister urged to reform residential leasehold system



The Legal Sector Group, which represents conveyancers in the UK, has written to new Housing Minister Alok Sharma to push forward with a programme of change to improve the current situation for owners of leasehold properties.

Concerns have been voiced that home owners have been left unaware of what they are buying. In particular, thousands who bought new build leasehold homes have been left with properties that are virtually unsalable as the result of bad ground rent terms attached to their lease, many of which see ground rents double every 10 years.

This has led numerous leaseholders to conclude that the only option is to buy the freehold of their home to remove the onerous ground rent clauses, but many are confused about how to acquire their freehold and unaware of the dangers and pitfalls involved.

Earlier this month the Nationwide Building Society announced that it will no longer provide mortgages on homes with onerous ground rent clauses. According to Louie Burns, managing director of leasehold enfranchisement specialists Leasehold Solutions, other major lenders are likely to announce similar policies over the coming months.

In recent months the LSG has been consulting with a wide range of interested parties to put together proposals to make the sector more transparent. It is calling for the Housing Minister to work with the Law Commission and others to put reforms in place.

‘We are now urging the powers that be to put in place a programme of change in order to provide both sellers and buyers of leasehold property with certainty, peace of mind, reasonable costs and a much greater degree of clarity in terms of what they are signing up to, and the responsibilities that are shared amongst those involved in their leasehold property,’ said Beth Rudolf, director of delivery as the Conveyancing Association.

According to Martin Callan, president of the Chartered Institute of Legal Executives, the proposals will ensure fairness to consumers, speed up the sale and purchase of residential leasehold properties and lead to less abortive transactions and loss of fees.

Burns explained that problems can arise when owners of leasehold properties get involved in so-called ‘informal’ deals which are negotiated directly with freeholders. ‘Leaseholders have the legal right to buy their freehold under the Leasehold Reform Act (1967). Here there is a legal process to follow, with a statutory valuation method set down by law,’ he said.

‘If the freeholder will not agree to negotiate fairly, home owners have a legal right to force them to and are offered legal protection on the terms of the freehold purchase. To many people this process may seem daunting and uncertain, and understandably people shy away from it,’ he pointed out.

They can end up seeking an informal deal which he believes is the worst thing to do as they have no legal protection whatsoever under statutory legislation. ‘We regularly see freeholders asking for up to 50 times the current ground rent on the property, which can be double or sometimes even triple what the valuation would be using the statutory method. We regularly see people who have bought their freeholds informally and paid up to £25,000 more than they should have done, simply because they accepted an informal agreement,’ he said.

‘In addition, an informal deal often won’t remove some of the costly terms that can be included in the lease, meaning home owners will continue to pay fees to the freeholder for permission to alter their own homes, even after they have purchased the freehold,’ he added.

http://www.propertywire.com/news/uk/new-housing-minister-urged-reform-residential-leasehold-system/

Tuesday, 20 June 2017

PropTech firm claims tool will ease agents' maintenance record-keeping

By Graham Norwood


A PropTech company claims its new software platform will make it easier for letting agents and property managers to co-ordinate maintenance reports and inspections.

The platform haas been created by former Dezrez director Richard Wilson and former contractor Brooke Williams; they have recruited Kevin Hughes, ex-marketing and finance director of GoCompare, as a non-executive director.

The platform, called Sorbet, handles transparency, accuracy and audit trails for the rental market; agents, landlords, tenants and contractors are able to raise and monitor maintenance requests and jobs through the platform.


It can automatically book contractors when reports and inspections are due, or deal with tenant maintenance requests without the agent having to intervene.

Tenants use a dedicated app to report issues and the software automatically chooses one an agent’s approved contractors to do the work. When a contractor has completed an inspection, they can use a separate app to let the agent and the tenant know.

Sorbet also keeps an audit trail of all communications between an agent’s team, contractors and tenant. When a house is sold, the landlord can pass all inspection reports over in one data transfer.

https://www.lettingagenttoday.co.uk/breaking-news/2017/6/proptech-firm-claims-tool-will-ease-agents-maintenance-record-keeping

Wednesday, 7 June 2017

Labour proposes a two-year first-time buyer Stamp Duty holiday but would press ahead with tenant fee ban

By Marc Shoffman

http://sellingrockymountainhomes.com/wp-content/uploads/2016/04/Home-Buying.jpg

First-time buyers would get a two-year Stamp Duty holiday under a Labour government.

The Labour Party released a housing manifesto yesterday, pledging to cut Stamp Duty to zero for first-time buyers for properties worth up to £300,000.

A Labour Government would also introduce a FirstBuy Homes scheme that would provide 100,000 new-builds, with housing costs for new-build homes benchmarked at a third of local average incomes.

The Help to Buy scheme would also be extended to 2027 but only for first-time buyers and not for households earning more than £100,000 a year, according to the manifesto.

The document also proposes a cap on ground rent charges and a review into the use of leaseholds.

Labour would also press ahead with a tenant fee ban and would encourage councils to set up local lettings agencies.

The party would introduce legal minimum standards to ensure that private rented homes are free from serious faults such as unsafe wiring and appliances, problem damp and vermin.

Rogue landlords would also be named and shamed, with fines of up to £100,000 for those who fail to meet minimum standards.

Additionally, rents would not be able to rise above inflation and three-year tenancies would be the norm, although renters would have the option to end the tenancy with two months’ notice.

Labour leader Jeremy Corbyn said: “A Labour Government will start on fixing the housing crisis immediately. High prices, excessive rents and the chronic lack of affordable housing are ruining the lives of young people, families and aspiring home owners.

“This will transform the housing market and put the needs of younger house buyers and local workers first.


“Labour will usher in a new era in council house building to build more council homes than at any time for over 30 years so that the broken market is fixed to provide homes for the many, not investment opportunities for a wealthy few.”

http://www.propertyindustryeye.com/labour-proposes-a-two-year-first-time-buyer-stamp-duty-holiday-but-would-press-ahead-with-tenant-fee-ban/