New homeowner scandal hits freehold properties

graham-ireland.jpg

Home buyers are being warned of a fresh scam in which rogue developers are replacing extortionate leasehold charges with equally onerous restrictions on new build freehold properties.

The red alert comes from Graham Ireland at Lancashire law firm WHN Solicitors, who believes freehold laws are being abused by developers to replace revenue streams that dried up earlier this year.

This followed the government’s abolition of leasehold ownership for new-build homes to prevent developers from unfairly boosting profits by forcing up ground rent.

As a result, all new-build houses must now be sold as freehold. However, unscrupulous developers are now focusing their profiteering activities on people who have bought a new build with a freehold – in part because they enjoy much less legal protection than leaseholders.

Graham, head of conveyancing at WHN Solicitors, said: “Previously, the main difference between buying a new house leasehold and freehold was that if you owned it leasehold you needed to pay the ground rent, and if you owned the freehold you did not.

“It is more difficult to enforce freehold covenants than leasehold covenants, so another huge part of this scandal is that some developers are now putting the same covenants that were originally in their leasehold contracts into freehold contracts too.

“The upshot is that people are buying freehold and then, further down the line, finding they must get permission from the developer, or management company to extend their property, or for other home improvements. Also, service charges for green spaces and car parking –common on new housing schemes – can be arbitrary and unreasonable, potentially costing homeowners thousands of pounds.”

There are additional issues when people come to sell their properties, because buyers understandably want to see what service or maintenance charges have been paid, and what they’ll have to pay in the future.

Graham explained: “Some management companies are asking for fees of £300 just to supply a basic information pack that provides contractual details to potential buyers. This effectively gives sellers no choice but to pay this fee themselves if they want to sell their house.”

New home buyers are being advised by Graham to make sure their conveyancing solicitors check all the covenants that come with a freehold house before pressing ahead with any purchase. These covenants can be found in the document which transfers the property to the buyer on completion.

Graham said: “People can then try to negotiate for some of these covenants to be taken out of the transfer document through their solicitor. Th problem here is that the developers may not agree.”

A cross-party group of 30 MPs had tabled a bill to address the issues, but the measure fell by the wayside when Parliament was dissolved for the general election in December.

Previously, a parliamentary briefing paper that was published in August announced plans to reform freehold laws within a year. However, Graham is not optimistic about the prospects for speedy action.

He added: “It is reasonable to expect that people buying new freehold properties should have the same protection against exorbitant charges as people buying new leasehold properties. The problem is that legislative change is a slow process at the best of times, and reforming freehold contracts is unlikely to be at the top of the agenda when MPs return to parliament after the election.”

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Green tech firm signs £10m Azerbaijan MOU at COP29 The Carbonbit signing ceremony

Green tech firm signs £10m Azerbaijan MOU at COP29

15 Nov 2024

2

Development partner wanted to deliver Morecambe’s Frontierland plan Frontierland

Development partner wanted to deliver Morecambe’s Frontierland plan

15 Nov 2024

3

TP Financial Solutions named in top 100 firms list TP Financial Solutions

TP Financial Solutions named in top 100 firms list

15 Nov 2024

4

Government set to release £20m in preparation for new combined authority Lynn Williams, Phil Riley and Philippa Williamson

Government set to release £20m in preparation for new combined authority

14 Nov 2024

5

Farleys Solicitors invest in the future with flagship office space Communications House.jpg.jpg

Farleys Solicitors invest in the future with flagship office space

14 Nov 2024

PC PrestonMacan GIF980x120
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:00 - 16:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 2
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
15 Oct 2024 - 17 Dec 2024

Skills Bootcamp in Procurement - Cohort 2

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

mBITfor transformative leadership and coaching
mBIT coach Practitioner.png.png
LBV Hub Seminars
14 Nov 2024 - 17 Nov 2024

mBITfor transformative leadership and coaching

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

North West HR Employers Forum
CBP-logo LBV.png.png
LBV Hub Seminars
20 Nov 2024 - 20 Nov 2024

North West HR Employers Forum

Wham Stadium, Accrington Stanley, Livingstone Road, Accrington, BB5 5BX

09:00 - 12:00

LBV119 Magazine Launch Event
DSC9389
Networking
20 Nov 2024

LBV119 Magazine Launch Event

Stonyhurst College, Clitheroe, BB7 9PT

16:00 - 18:00

Live Work Create: Building Community In The Modern World
Live-Work-Create-Building-Community-1024x1024.png.png
LBV Hub Networking
20 Nov 2024

Live Work Create: Building Community In The Modern World

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!
Quiz Pic.jpg.jpg
LBV Hub Fundraisers
21 Nov 2024 - 21 Nov 2024

Blackburn & Darwen Youth Zone Quiz Returns for 10th Year!

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
21 Nov 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 05:00

SPARK The Apprenticeship Marketplace
UCLanAerialCampus.jpg.jpg
LBV Hub Networking
21 Nov 2024 - 21 Nov 2024

SPARK The Apprenticeship Marketplace

University of Central Lancashire, Preston, PR1 2HE

09:30 - 13:00

NLP Diploma Foundations
nlp nov 24.png.png
LBV Hub Seminars
22 Nov 2024 - 24 Nov 2024

NLP Diploma Foundations

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

Lancashire Business Day 2024
231124LBVLancashireDayEventweb 5782
Networking
22 Nov 2024

Lancashire Business Day 2024

Blackburn Rovers Football Club, Blackburn, BB2 4JF

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin