Tessa Munt

Tessa Munt

Liberal Democrat — Wells and Mendip Hills

Speaking in the House of Commons on 2 December 2024

Debate

Grenfell Tower Inquiry

Contribution

Yes, I agree with my hon. Friend, and I will come on to some of those issues. Sophisticated business entities are probably the intended target of the legislation, so there is good news for people who have divided their property assets, and bad luck for those who jointly own their property investments, which is a terribly random criterion. It was shocking enough for my constituents to find out that the nine-year-old building in which their flat sits had a cladding issue, but due to the fact that they jointly owned four properties on 14 February 2022, they were left largely unprotected. They are not like the developers or cladding suppliers. Not only that, but their status as non-qualifying leaseholders has been attached to their flat in perpetuity. Even after all the remediation work has taken place, centuries have passed—currently, this is another 990 years on the lease —and they have departed this world, every future owner of their flat will inherit the same diminished lease, while neighbouring flats are protected from the costs of making the building safe. The impact of the legislation is profound. Solicitors are advising their clients not to buy any flat with the non-qualified leaseholder status attached, even after the fire safety work has been completed. Lenders are refusing to lend on properties of that status. The values are expected to reduce considerably, possibly by as much as 50%. Estate agents realise that trying to sell properties with this status is pretty much a lost cause. Non-qualified leaseholders cannot sell their flats—they are mostly flats—and cannot mitigate the risks they have been exposed to. If a leaseholder has a 75% mortgage and the value drops by 50%, it is easy to see how financial crisis can hit ordinary people who saved hard, invested in bricks and mortar and are providing homes for rent all over the country, helping alleviate our housing crisis. Insurance premiums are sky high. If this continues, it is likely that lenders will not want to take possession if there is a default on the mortgage, because they themselves would become liable. Leaving a flat with this status in a will may expose family and friends to long-term problems associated with its status, as they will potentially inherit a liability not an asset. The legislation has removed a whole tier of property from the ever-increasing number of young buyers and those who want to downsize, such as older citizens. It is clear that without the support of surveyors, agents, solicitors and lenders, it will become increasingly hard to secure one’s first or last home. Whatever one’s political ideals, surely we all agree that there is a terrible shortage of affordable homes, and the affordable end of the market often comes in the shape of a leasehold flat. I cannot find the path of logic through this legislation. I have no idea who tried to think this one through—I recognise that it was not the Minister. It seems deeply unfair that someone’s legal rights can be different from those who own flats in the same building, just because my constituents had four or more properties in their ownership on 14 February. Will the Minister try to explain the logic, though I recognise he did not write the legislation? It would be nice if his opposite number, the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), would have a crack at trying to tell me how it works—I just do not get it. It is a bit like someone having their car recalled for a safety issue and having to pay to correct the problem and any other safety problem in the future due to the fact that they and their family have three other cars between them, and they might want to sell the car once the safety fault is fixed. This is madness. The Minister is on the record as having confirmed that the Building Safety Act 2022 was written to safeguard the health and safety of those who lived in the affected buildings. If a non-qualified leaseholder has a leasehold flat as their principal flat, they are protected. What about the tenants who live in the flats owned by private landlords who are in this trap? Are they not important enough to be protected, too? The Minister further confirmed in a letter last month that once the property is brought up to standard and safety remedies are completed, in the years ahead “the expectation is that the qualification point should essentially become moot”. There is plenty in the Government’s guidelines about non-qualifying leasehold status remaining with the property in perpetuity. I can find absolutely nothing about it becoming moot. I wonder how the Minister sees that being legislated for. On the subject of Government guidelines, they are so complicated and hard to interpret that solicitors are at loggerheads over their ramifications. My constituents’ management company initially confirmed that they would be liable for all the costs associated with cladding remediation works, even if the building were accepted into the cladding safety scheme—that is, until my constituents were able to get the Ministry of Housing, Communities and Local Government to write to them confirming that they would be protected under the cladding safety scheme. However, it fell to my constituents to get proof and to convince their management company. Worse than that, the Department advises owners to contact LEASE—the Leasehold Advisory Service—to establish their rights. LEASE confirmed both on the phone and in writing that my constituents did not qualify for any help or support in the cladding safety scheme. They were advised by others in the same predicament to contact the Ministry of Housing, Communities and Local Government. Can the Minister confirm who should indicate whether non-qualifying leaseholders are covered by the cladding safety scheme? These Government Departments are set up to help and guide people such as my constituents, yet they are giving completely conflicting advice. That situation has caused my constituents anguish, sleepless nights and constant worry about the possible life-changing financial burden that may be heading their way. If the Government do not sort that out so that advice is clear and consistent, we are all lost. Will the Minister meet my constituents and me to further discuss non-qualified leaseholder status as soon as possible?

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