Part of Leasehold and Freehold Reform Bill - Report (and remaining stages) – in the House of Lords am 5:30 pm ar 24 Mai 2024.
Lord Truscott
Non-affiliated
5:30,
24 Mai 2024
I will speak in support of my Amendment 66. In doing so, I remind the House of my interest as a long-standing leaseholder. At the outset, I thank the Minister, the noble Baroness, Lady Scott of Bybrook, who is not in her place, for her diligence and engagement on the Bill. I also thank noble Lords who have worked so hard to improve the Bill as it has progressed through your Lordships’ House.
I welcome the Bill, even in its current form, as it at last heralds the beginning of the end of the outdated feudal leasehold system. Despite a determined rearguard action, we leaseholders have seen exploitation for hundreds of years. Enough is enough. In that sense, I agree with the noble Baroness, Lady Fox.
I must admit that, like many noble Lords and Members of the other place, I was rather taken aback by this cut-and-run election, which leaves so many pieces of legislation up in the air. My wife’s reaction was that Mrs Sunak has simply had enough and wants to have a good, long, normal family holiday. There seems to be no other, political logic for it.
Like many noble Lords, I would have liked to have seen further improvements to the Bill, especially clarity—ensuring that leases were truly faster, cheaper and easier to extend. The situation in which it is left to the discretion of the Secretary of State to set the deferment rate, replacing marriage value, remains unsatisfactory. In that sense, I agree with the noble Lord, Lord Moylan.
Incidentally, I see no type of expropriation taking place in this Bill. Pension representatives have already said that the proposals in the Bill will not significantly impact them or their members.
Similarly, I would have liked to have seen ground rents reduced to a peppercorn which, as was mentioned by the noble Lord, Lord Kennedy of Southwark, we were initially promised. For that reason, I support Amendment 45 in the name of the noble Baroness, Lady Pinnock.
On my own amendment on forfeiture, I believe it is unacceptable that people should lose their homes for sometimes minor rent or service charge arrears. The figure of £300 was mentioned and there are recorded cases of it being a pittance. However, rents and service charges are necessary for building maintenance, fire safety, cleaning and other services, so they should be paid.
My amendment calls for the Secretary of State to publish a report within 12 months on how rent and service charge arrears can be expedited by the courts. This is particularly important given the current crisis in our court system, which is overwhelmed by backlogs. For other breaches of the lease, forfeiture should remain until a system is devised that can swiftly resolve breaches of the lease without recourse to lengthy and costly proceedings in the High Court. This can cover matters such as repeated and threatening antisocial behaviour and illegal ultra-short lets in residential blocks. As the noble Baroness, Lady Scott of Bybrook, previously said, there are approximately 100 cases of forfeiture every year and 5 million leases, and cases can be discontinued if the leaseholder simply abides by the lease. I look forward to the response of the noble Lord, Lord Gascoigne.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
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