Call for shake-up of leasehold transaction process

The Conveyancing Association (CA) has issued a series of recommendations to end what it believes to be significant delays and overcharging taking place within the leasehold transaction process.

With a growing number of leasehold transactions taking place each year across all UK regions – 260,000 in 2015 up from 220,000 in 2011, according to the Land Registry – and with 57% of all transactions in Greater London and 40% in the North West being for leasehold properties, the CA wants to see a streamlined process taking out the unnecessary delays, and a cut to the ‘unwarranted’ fees charged by many lease administrators – those who administer the terms of the lease – to the leaseholder.

In a recent leasehold survey of conveyancers, 56% of CA member firms said they believe lease administrators often (in over 30% of transactions) charge unreasonable fees, and a further 32% said they believe they regularly (16-30% of transactions) charge unreasonable fees.

Furthermore, 62% of estate agents say the provision of leasehold sale information causes real issues in the house-moving process, with 34% branding it ‘an absolute nightmare’.

Common problems within the process include:

The CA has therefore set out a number of aims in order to tackle these problems:

Specifically, the CA wants an update to the Commonhold and Leasehold Reform Act 2002 to:-

It also wants digitisation of lease administrators held by HM Land Registry to create a lease administrator’s Register.

Beth Rudolf, director of delivery at the Conveyancing Association, said: “For many people the process of purchasing a leasehold property can be fraught with delay and significant unexpected extra costs that seem arbitrary in the extreme. Talk to those who have gone through that process and you will hear an acute sense of frustration that begins with attempting to track down the leasehold Administrator, moves on to trying to get the necessary information out of them within a normal timescale, and finally ends with sometimes multiple charges to different parties, often for the same tasks, which in no way reflect the level of work required to deliver that information.

“Given this, and the fact that the number of leasehold transactions continues to grow, the CA believes now is the time for action to take place in order to develop a much fairer system, with transparent and reasonable costs, as well as an obligation to provide the data required within a 20-day timescale.

“The, quite frankly, extortionate costs being levelled by some coupled with a distinct lack of motivation to provide the necessary information means action has to be taken, especially when (by our reckoning) 75% of leaseholders are being charged excessive fees for the work involved – in 2015 this equates to 200,000 cases. If you add in the sellers who have to pay for the LPE1 this number can be upped to 400,000.

“Of course, there are some great lease administrators out there and we are working with their trade associations who are just as frustrated by the rogues.  We understand they would like to see all lease administrators under the jurisdiction of the Ombudsmen, just as their members already are, to ensure there is a level playing field and to give guidance as to what reasonable fees and timescales should be.

“We will continue to work with them to provide a platform for the industry to develop solutions to right these wrongs. By changing the Commonhold and leasehold Reform Act 2002 and collating a register of all lease administrators we will go a long way towards developing a process which is far fairer and more fit for purpose for what looks likely to be a growing number of transactions within the purchase market.”

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