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Leasehold reforms have become law, but one promise is missing
Reforms to leasehold and freehold in England and Wales have finally become law, but the promised cap on ground rents is missing.
The Leasehold and Freehold Reform Bill, which was first proposed in November 2023, has been granted Royal Assent. It is claimed that the Bill will make it cheaper and easier for people to buy their freehold, increase standard lease extension terms to 990 yeas for houses and flats and provider transparency over service charges.
However, plans to remove ground rent for existing leaseholders or cap it at £250 have been axed from the legislation. The decision to remove this rule was made last minute on Friday and Michael Gove had originally planned to cap ground rents at nominal level.
A ground rent is paid by owners of leasehold properties on top of their mortgage, with some facing high charges and unexpected increases which can make properties hard to sell.
Following the enactment of the Leasehold and Freehold Reform Bill, Mark Chick, director of the Association of Leasehold Enfranchisement Practitioners, said: ‘In what are some of the biggest changes to the residential leasehold sector in the last 21 years since the Commonhold and Leasehold Reform Act 2002 came into force in 2003, we now have a major shift in the direction of the law as it relates to residential long leasehold enfranchisement (the right to buy your freehold or extend your lease), with the passing of the Leasehold and Freehold Reform Act 2024.
‘ALEP has long been at the forefront of campaigning for change in the residential leasehold sector and right back from its beginnings just over 16 years ago, ALEP has continuously sought to engage with government over legislative change.
‘Whilst the provisions of the Leasehold and Freehold Reform Act 2024 go some way to addressing a number of the issues that we and our members have mentioned for years (such as the two year qualification period and the position relating to successive claims), this is in some senses a ‘piecemeal’ piece of legislation, making radical changes to the valuation regime, to the detriment of freeholders and the advantage of leaseholders.’
‘Our members welcome the general prospect of reform but, what we have with the LHFRA and the way in which it has been passed at the end of this parliament is is a hurried set of changes,’ Mark added. ‘Several of our members have worked with government to ensure that the legislation is workable, and we have been in dialogue with DLUHC throughout. Whatever the individual views of our members (and we represent a range of viewpoints) as an Association, we simply wish to see a workable system brought in.’
The Bill being passed into law was one of the last pieces of legislation to make it through Parliament on Friday before it was shut down ahead of the next General Election, which is due to take place on 4th July 2024.
Robert Poole, director of Glide, part of the Leaders Romans Group, said: ‘For years, the leasehold system has been a topic of contention, leaving homeowners and managers of blocks of flats grappling with uncertainties.
‘The Leasehold and Freehold Reform Act aims to introduce measures to increase leaseholders’ rights, provide them with more control over their properties, and make lease extensions more affordable. It heralds a landmark shift in the leasehold system and a future in which homeowners are granted greater autonomy over their homes, with reduced costs and red tape.’
Robert added: ‘So it is good news that the Leasehold and Freehold Reform Act has passed into legislation imminently despite many other Bills falling victim of the general election’s timing.’
Image: Schluesseldienst
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‘Time for a change’: Business leaders back Labour’s economic plans
Hundreds of business leaders who previously backed the Conservatives have signed a letter endorsing the Labour Party’s economic plans ahead of the next General Election.
This afternoon shadow chancellor Rachel Reeves is due to deliver her first major speech of the election campaign to business supporters, including some former Conservative backers in the East Midlands. It is thought that her plans will be widely accepted as an open letter published in today’s Times newspaper has gained the signatures of dozens of leaders who want to work with Labour on long term growth.
Overall 121 leaders signed the letter which included chief executives, and former leaders at a range of financial services, retail and manufacturing firms. The news of so many leaders backing the Labour party has come as a shock – ahead of the 2015 election, 100 corporate officials endorsed the Conservatives.
It is thought that many people lost faith in the Tory party after the disappointment over Liz Truss’ mini-budget, the Brexit deal and the cost-of-living crisis.
A number of household names including chef Tom Kerridge and former CEOs of Heathrow, JO Morgan, JD and Aston Martin, signed the letter and claimed the public should now give Labour the chance ‘to change the country and lead Britian into the future.’
Within the letter, leaders said: ‘We are looking for a government that will partner fiscal discipline with a long-term growth strategy, working in partnership with the private sector to drive innovation and investment to build digital and physical capital and fix our skills system.
‘This is the only way to put us on track for sustained productivity growth.
‘Labour has shown it has changed and wants to work with business to achieve the UK’s full economic potential. We should now give it the chance to change the country and lead Britain into the future.
‘We are in urgent need of a new outlook to break free from the stagnation of the last decade and we hope by taking this public stand we might persuade others of that need too.’
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Liverpool to undergo a major ‘Swiftie’ regeneration
Liverpool is due to be converted into ‘Taylor Town’, as artists have begun unveiling new artifacts to celebrate one of the biggest pop stars on the planet, ahead of the Eras Tour.
Taylor Swift is set to perform three sold out shows at the Anfield Stadium on the 13th, 14th and 15th June 2024. To mark the occasion, local artists have joined forces and are producing Taylor Swift inspired artifacts to completely transform the city.
From a moss-covered piano to a gold throne, the unique pieces will all make up a ‘Taylor Trail’ which will be completed by 8th June. The trail, which was first introduced by Liverpool Council’s culture team and social enterprise Make CIC, will include 11 art installations overall – each one representing one of Taylor Swifts albums.
The moss piano, which was inspired by Taylor’s Evermore record, will be located in the Bluecoat Gardens and will be a ‘living installation’. Rachel Smith-Evans, a Swiftie from Thornton, has specialised in decorating pianos in the past but not as grand as the landmark Taylor Swift one.
She told BBC Radio Merseyside: ‘We’ve had bumblebees land on it, I’ve found ladybirds, so it’s going to continue to grow hopefully and live on.
‘I’m definitely a super Swiftie now. I wouldn’t say I was one before but I am now.’
Another one of the locations in Liverpool includes College Lane which will host a mural to celebrate the 34-year-old lead singer’s latest album, The Tortured Poets Department.
In addition, Bethan Flanagan will be running denim and tie-dye workshops in the Metquarter for fans who want to decorate their own Eras Tour outfits.
The UK leg of The Eras Tour kicks off in Edinburgh on 7th June before going to Liverpool, Cardiff and London.
Image: Rosa Rafael
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Households to save £122 on energy bills as prices drop
Ofgem have revealed the energy price cap in Britain will fall 7% to the equivalent of £1,568 a year this summer, although experts claim individuals will still face pressures.
Currently, Ofgem’s energy price cap is set at £1,690 but this is set to fall by £122 in July as a result of a drop in wholesale gas prices. The cap reflects the average annual dual-fuel bill for 29 million households and takes affect from July until the end of September.
However, despite this news appearing positive, the reduction still leaves bills far above the £1,154 cap in the summer of 2021, before the energy crisis began squeezing budgets. Wholesale gas prices started to climb three years ago, but really skyrocketed following Russia’s invasion of Ukraine in 2022.
Jess Ralston, energy analyst at the Energy and Climate Intelligence Unit, said: ‘Households are still struggling with bills that are hundreds of pounds higher than pre-crises levels, and estimates suggest bills may rise again as we head into winter.’
‘Whatever colour the next government is, we’ll be heading into a winter still heavily dependent on volatile gas markets, going backwards on our energy independence,’ Jess added. ‘The cost of living, driven in part by energy bills, and the UK’s energy security may well be key election issues – so how the parties choose to tackle them will likely be in the spotlight.’
According to analysts, the price cap is expected to increase slightly in October before falling again in January 2025. Experts at the consultancy Cornwall Insight forecast July’s cap would be £1,574 a year.
Last year energy bills reached their peak when the cap hit £4,279 but the government subsidised bills to keep them at £2,500. During this period, statistics show that there were an estimated 13% of households – 3.17 million – in fuel poverty in England, with the majority having to decide between basic essentials such as food or having to pay their bills.
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Reaction to the summer General Election plans
Taking to the steps of Downing Street for what could be one of his final times, Prime Minister Rishi Sunak announced last week that a General Election will be taking place on 4th July 2024.
Below are some reactions and theories about what this news means for the housing and development sector and what industry experts want to see from the next parliament.
Andrew Carpenter, chief executive office, the Structural Timer Association (STA)
‘This is a pivotal opportunity to place sustainable housing at the top of the political agenda and we urge all political parties to seize this chance to revolutionise the way we build our homes. Housing is a crucial issue for voters across the country, but it’s essential that we underline the importance of sustainability and to continue the momentum that has been garnered by the Timber in Construction Policy Roadmap, published in December last year.
‘Setting out a clear path towards the increased use of timber in construction, the Roadmap has laid the foundation for transforming our housing landscape through the integration of timber frame housing. This method of construction offers a speedy, sustainable and clean approach to meeting the current and future demands of housing – as well as utilising offsite assembly, which effectively addresses the skill shortages that are endemic within our sector.
‘Increasing the use of timber in construction presents a promising solution for the incoming government to address the pressing housing crisis and tackle net zero obligations, and it’s vital that the progress we have already made is not lost.’
Lawrence Turner, Director, Boyer
‘The housing crisis is a pressing issue that has plagued the UK for far too long. With a new Government potentially taking office on 4 July, there is hope that real change can finally be brought about to tackle this crisis head-on.
‘However, with only 100 days to make a significant impact before the end of October, it is essential that the new government focuses on key priorities that will have a lasting and effective impact on addressing the housing crisis. Here, we outline the top ten points that we believe a new government should urgently address to bring about positive change in the housing sector.
- First and foremost, re-introducing mandatory housing targets for local authorities is crucial. Local councillors should not bear the burden of determining housing need in their communities, especially when faced with opposition from a vocal minority opposed to housing. By setting clear and objective housing targets at the national level, local authorities can focus on delivering the necessary housing in their district, without being swayed by local political pressures.
- In conjunction with mandatory housing targets, the reintroduction of regional planning is essential. Co-ordinating housing and infrastructure needs at the regional level will ensure a more sustainable and co-ordinated approach to development, leading to better outcomes for both residents and the environment.
- A National Green Belt Review is also imperative in ensuring that the most sustainable patterns of development are reflected in Local Plans. By prioritising sustainability and assessing the most appropriate locations for residential development closer to jobs and transport hubs, we can help reduce the need to travel and meet local authorities’ net zero carbon targets.
- The creation of New Towns is another key point that must not be overlooked. By reintroducing the concept of New Towns, we can effectively address the growing housing need while maintaining the integrity of Green Belts and preventing urban sprawl.
- Reversing recent policy changes in the National Planning Policy Framework (NPPF) is crucial to increasing housing delivery in the short term. The current relaxation of housing land supply requirements is only exacerbating the housing crisis. It is essential to revert to the previous standards to ensure that enough homes are being built to meet local needs.
- Increasing resourcing for Local Planning Authorities is also a priority. With understaffed and underfunded authorities, continued delays in planning applications and local plan preparation are inevitable. By providing financial support and investing in the necessary skills and expertise within local authorities, we can ensure that the planning system functions effectively.
- Creating a new Governmental department focused on tackling the housing crisis, along with appointing a Minister for the Housing Crisis, will help drive the agenda forward and ensure that the issue remains a top priority. With a dedicated department, plans to build more homes in sustainable locations can be properly implemented.
- Introducing mandatory Section 106 standard template agreements and increasing funding for legal professionals within local authorities will help streamline the planning process and reduce delays in granting permissions for developments. By avoiding reliance on temporary staff and ensuring swift agreement on necessary s106 terms, construction of new homes can begin sooner.
- Leveraging AI technology to aid in processing planning applications and engaging with local communities on planning decisions is another innovative approach that can improve the efficiency and transparency of the planning system. By using digital communication channels and social media, local authorities can effectively communicate with residents and involve them in the decision-making and plan-making processes.
- Finally, legislating to address the impacts of phosphates on residential developments is essential. By tackling this issue at the source through collaboration with Water Companies, we can remove unnecessary barriers that prevent much-needed housing developments from moving forward.’
Antony Duthie, regional director, Lanpro
‘As manifestos are published in the coming days, it is vital that all parties recognise the importance of the planning system as a key economic facilitator and economic driver which can significantly increase the country’s productivity in addition to resolving the housing crisis.
‘The next government needs to take bold steps to resolve the many challenges that currently stand in the way of delivering much needed housing and infrastructure. People will be looking beyond the rhetoric of political campaigning and instead for evidence that manifestos can bring about real change.’
John Leiper, chief information officer, Titan Asset Management
‘UK in the out-of/no recession category, and the day inflation falls to 2.3% we see the UK Tory party announce their decision to go to the polls. Coincidence? I don’t think so. With one more print between now and vote day, and increasing odds inflation falls further to the fabled 2% number, Rishi has done all he can to increase his odds at the upcoming election. To quote James Carville, “it’s the economy stupid”. We continue to watch developments closely alongside potential implications for the UK economy and markets.’
Oli Sherlock, managing director of insurance, Goodlord
‘With a General Election now set for 4th July, the Renters (Reform) Bill and its progression is now in major doubt. This will be deeply frustrating for the whole industry, which is desperate for clarity. Should the bill not be pushed through as part of the wash-up we will be back to square one. The best we can hope for is that the next government, whoever it’s led by, puts housing and the PRS at the heart of their agenda.’
Images: Rui Chamberlain, Andrew Carpenter, Antony Duthie and Lawrence Turner
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