6. Debate on a Member's Legislative Proposal: Leasehold residential houses

Part of the debate – in the Senedd at 4:04 pm on 27 June 2018.

Alert me about debates like this

Photo of Mick Antoniw Mick Antoniw Labour 4:04, 27 June 2018

I'm grateful for the opportunity today to introduce this Member's legislative proposal to abolish leasehold tenure for new residential houses. We have, of course, debated this issue on several occasions. On the last occasion, this Chamber held a very detailed, informed and passionate individual Members' debate on the problems arising from the renewed growth of leasehold housing and the associated consequences for tenants of the leasehold agreements that they were subject to. The motion we debated attracted cross-party support, and it was clear from Members' contributions that leasehold is a problem in every part of Wales. Since that debate, there has been a statement from the Minister. It does not rule out legislation, but focuses on voluntary agreement with a number of major developers not to build new leasehold housing.

Now, I very much welcome that statement, but make the argument today that we should go further, and we should put the issue beyond any future doubt by introducing a short and a simple piece of legislation that would prohibit, by law, any new leasehold houses being built in Wales. So, in order to explain my reasoning, it would be helpful to remind Members of the background to this issue. There are an estimated 200,000 leasehold properties in Wales. Leasehold is a relic from the eleventh century, a time when land meant power—and unfortunately it still does. For today's landowner, leasehold means maximising income and retaining control of the land they own, but for the leaseholder it means the exact opposite: uncontrollable costs and a lack of control over what they can do with the property that they own. So, when the Scottish Government legislated to abolish feudal tenure, they got the tone exactly right.

Like many Members, I have received representations from constituents where the root cause is the inherent unfairness, the complexity and outdated nature of leasehold contracts, complaints about spiralling ground rents, people feeling trapped in their own home, and property values that plummet year on year as the remaining lease reduces—and those are commonplace. When leaseholders seek either to renew their lease or to buy the freehold of their home, they are held to ransom. Leaseholders are completely defenceless before the ground landlord. And because of the profitability of the leasehold system, finance corporations have brought out a great many landlords, and as result, a person's home is no longer a rock on which their life is built, but a commodity to trade and speculate on. So, to me, it is totally sensible that the UK Government have committed to work with the Law Commission to support legal reform. The complexity of leasehold contracts, with elements of contract and property law intertwined, is such that it makes sense to await the Law Commission proposals, subsequent to the introduction of UK-wide legislation, to deal with all the retrospective consequences, which we do not, in any event, have the constitutional competence to deal with at the present time.

So, today's debate is about two things. Primarily, it is a proposal for the introduction of a simple piece of Welsh legislation to prohibit any future building of leasehold houses. It does not relate to apartments or shared buildings; solely to new residential houses. Secondly, this proposal requires developers and selling agents to provide potential buyers of existing leasehold properties with relevant facts about leasehold tenure. [Interruption.] Yes, I will.