Leasehold Reform (Ground Rent) Bill [Lords] — House of Commons, 2022-01-24
Topic: Housing
Michael Penning (Conservative, Centre-right): I refer the House to my entry in the Register of Members’ Financial Interests. On new clause 1, I do not think there is any argument that we need to look at historical leaseholds. However, my constituency has lots of new build and regeneration going on, and a lot of leasehold properties being built, and I am not convinced that that investment would come forward if the developers did not see where that income stream would come from, including pensions and so on. A lot of evidence is going back and forth, but I disagree just on that point I completely agree on the historical leasehold issue. The real problem is in the myriad different leases that are out there and have been for many years. I read the Select Committee report referred to by its Chair, the hon. Member for Sheffield South East (Mr Betts), a moment ago, and I found some of the things that lawyers were doing astonishing. It fascinates me how they ever got insured and how they have not been struck off—I know that other investigations are going on. This is about not just ground rent but service charges and buildings insurance, which is an issue we must address, whether in this Bill or another measure I own a freehold property with a mortgage, and I have contents and buildings insurance. In my buildings insurance, I have legal protection of the sort that we would expect our constituents to benefit from when they pay for buildings insurance. However, those in leasehold properties must pay buildings insurance to the freeholder or their management company and have no choice whatsoever about the company, what the premium is or what the coverage is. I use an example from my own constituency of what happens when a claim is made. We had a large sinkhole in a housing development where there were leaseholders: I sat in a meeting with the insurance representative, the freeholder and my leaseholder constituents, and the insurance company said straight to me, absolutely deadpan, "Your constituents may well have paid the premium, but the policy is not theirs. They have no cover whatsoever—the cover is for the freeholder." There has to be something morally wrong about that. Insurance has developed over the years; it used to cover very few things, but these days nearly all buildings insurance worth its salt has legal protection. That is what it says on the tin. The Bill does not cover that in the way I think it should. Sometimes it is wrapped into the service charges and everything else, and the ground rent is part of that package, but at the same time we have houses with historical freeholds, some of them from the old military estates where people have bought properties on what used to be Ministry of Defence property, and they are paying leasehold rents on what everybody assumed was a freehold property. Something is structurally wrong There was an allusion earlier to looking forward rather than back. I say to the Minister that looking forward is fantastic—we need some dates and some targets that our constituents can look forward to—but we should not rule out looking back just because it is difficult. As I said on the Building Safety Bill in this House only last week, looking back because it is difficult is what this House is supposed to do. It will be more difficult to look back and bring in those leaseholders, our constituents, who feel left out of this legislation and still very vulnerable, as my hon. Friend the Member for Warrington South (Andy Carter) said, but it can be done This is not a case of, "It’s impossible", because we are doing it retrospectively in the Building Safety Bill. We are going back 30-odd years retrospectively on that Bill. Can the Minister explain, when he sums up on new clause 1, why the Government feel that that is so difficult, when we are doing it on a separate piece of legislation that is going through the House today?