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To ask the Secretary of State for Housing, Communities and Local Government, what plans he has to provide assistance to leaseholders who were misled on property purchases.
To ask the Secretary of State for Housing, Communities and Local Government, what plans he has to provide assistance to leaseholders who were misled on property purchases.
The previous Secretary of State wrote to the Competitions and Markets Authority (CMA) on 26 November 2018 and 1 April 2019 to encourage them to undertake work into mis-selling in the leasehold housing market.
The government welcomed the CMA announcement on 11 June to open an investigation in this area. The CMA is concerned about potential leasehold mis-selling, and whether leasehold contract terms are onerous and unfair in relation to ground rent, permission and other charges. If the CMA thinks that a company’s practices are misleading – or that its contracts contain unfair clauses – it could take enforcement action to require the company to change how they operate. We look forward to hearing progress on the CMA’s work later this year.
The government has also worked with National Trading Standards who have published guidance to help clarify the rights and responsibilities around owning a leasehold property, and practical steps for individuals to take in the event things go wrong.
To ask the Secretary of State for Scotland, what discussions he has had with the Secretary of State for Business, Energy and Industrial Strategy on HELMS Green Deal mis-selling; and if he will make a statement.
To ask the Secretary of State for Scotland, what discussions he has had with the Secretary of State for Business, Energy and Industrial Strategy on HELMS Green Deal mis-selling; and if he will make a statement.
I am aware that there are a large number of appeal cases, currently with the Department for Business, Energy and Industrial Strategy, regarding the activities of HELMS under the Green Deal. Under the Green Deal Framework Regulations, the Secretary of State for BEIS has the power to reduce or cancel loans where there has been a breach of the relevant rules, and she is satisfied that the consumer has suffered, or is likely to suffer, a substantive loss. I have been assured that BEIS is working to reach conclusions on these cases as soon as possible.
To ask the Chancellor of the Exchequer, what steps he is taking to ensure that constituents in Crewe and Nantwich constituency that were mis-sold investments in Elysian Fuels by James Hay will be compensated.
To ask the Chancellor of the Exchequer, what steps he is taking to ensure that constituents in Crewe and Nantwich constituency that were mis-sold investments in Elysian Fuels by James Hay will be compensated.
Consumers with complaints of this kind may be able to refer their complaint to the Financial Ombudsman Service (FOS).
The FOS is an independent, non-governmental body, established to provide for the proportionate, prompt and informal resolution of consumer complaints against financial services firms. Whether or not an individual complaint can be taken to the FOS will ultimately depend on the individual details. The eligibility of a complaint would be a matter for the FOS to consider.
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps the Government is taking with the Advertising Standards Authority to ensure subscription services do not mislead consumers into signing up for their services when they make a purchase through a website.
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps the Government is taking with the Advertising Standards Authority to ensure subscription services do not mislead consumers into signing up for their services when they make a purchase through a website.
It has not proved possible to respond to the hon. Member in the time available before Prorogation.
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps her Department is taking to ensure that the Advertising Standards Authority bans adverts with misleading descriptions, particularly in relation to broadband speeds.
To ask the Secretary of State for Digital, Culture, Media and Sport, what steps her Department is taking to ensure that the Advertising Standards Authority bans adverts with misleading descriptions, particularly in relation to broadband speeds.
Advertising in the UK is regulated by the Advertising Standards Authority (ASA), the industry’s independent regulator, which enforces the Advertising Codes through a system of self-regulation and co-regulation with Ofcom. The Codes apply to all media, including broadcast and online. They incorporate all relevant legislation and set standards for accuracy and honesty to which advertisers must adhere, including specific conditions on advertising to children, causing offence and social responsibility.
The ASA is recognised by the government, the courts and trading standards as the ‘established means’ for the enforcement of misleading advertising, and the Codes include rules designed to ensure that advertisers do not mislead consumers. It has a range of sanctions it can take against non-compliant advertisers and, as a last resort, can refer some to Trading Standards.
The ASA and Ofcom have both taken action in relation to broadband speeds. In May 2018, the ASA implemented new guidance that requires broadband speed claims in adverts to be based on the download speeds available to at least 50% of customers at peak time and no longer on 'up to' speeds available to at least 10% of customers.
In March 2019, Ofcom introduced an updated Broadband Speeds Code of Practice, which all the major communication providers have signed up to. Under this code, companies have to provide consumers with a minimum guaranteed speed at the point of sale. If a consumer’s speed then drops below this level, companies have one month to improve performance, before they must allow consumers to leave their contract without penalty. This right to exit also applies to landline and TV packages, which are purchased at the same time as broadband services.
To ask Her Majesty's Government whether they were aware that Collateral (UK) Limited advertised itself as having interim authorisation from the Financial Conduct Authority (FCA) when this was not the case; whether the FCA has taken any action against that firm, its shareholders or directors; and what assessment they have made...
To ask Her Majesty's Government whether they were aware that Collateral (UK) Limited advertised itself as having interim authorisation from the Financial Conduct Authority (FCA) when this was not the case; whether the FCA has taken any action against that firm, its shareholders or directors; and what assessment they have made...
The Government monitors the development of the peer to peer (P2P) sector and engages regularly with P2P platforms and the Financial Conduct Authority (FCA), who are responsible for the regulation of the sector. This requires platforms to be authorised by the FCA and subject to FCA rules governing, among other areas, how they handle client money and promote themselves to consumers, and capital requirements.
The regulatory status of Collateral (UK) Ltd, and the events which led to its register entry appearing to show that it held an interim permission, when it did not, are matters the FCA is investigating as they may involve fraud or misconduct by persons connected with the firm who may have misused the register. In order to avoid prejudicing any proceedings which may arise from the investigation, the FCA are unable to provide further details of how they believe the change to the register came about.
The Financial Conduct Authority (FCA) is operationally independent from Government. These questions relate to the FCA and have been passed on to them. The FCA will reply directly to Lord Myners by letter. A copy of the letter will be placed in the Library of the House.
To ask Her Majesty's Government, further to Written Answer by Lord Gardiner of Kimble on 10 July (HL16703), whether an individual employee could be held accountable and penalised for providing false data about sewage spills to Ofwat.
To ask Her Majesty's Government, further to Written Answer by Lord Gardiner of Kimble on 10 July (HL16703), whether an individual employee could be held accountable and penalised for providing false data about sewage spills to Ofwat.
Under section 207(1) of the Water Industry Act 1991, it is a criminal offence to knowingly or recklessly provide information under the Act that is false in a material respect.
Proceedings for an offence under section 207(1) can be brought by or with the consent of the Secretary of State or of the Director of Public Prosecutions. A conviction is punishable by a fine.
Proceedings could be taken against an individual or the company.
Ofwat is not a criminal enforcement body, so has no role in bringing proceedings under section 207(1).
What steps he is taking to tackle the mis-selling of leasehold properties.
What steps he is taking to tackle the mis-selling of leasehold properties.
I am pleased that the Competition and Markets Authority is investigating mis-selling and onerous leasehold terms and looking at whether such terms are deemed to be unfair, and we will consider further action when it reports. That work supports a strong package of reforms to promote fairness and transparency for leaseholders.
I am pleased that the Competition and Markets Authority is investigating mis-selling and onerous leasehold terms and looking at whether such terms are deemed to be unfair, and we will consider further action when it reports. That work supports a strong package of reforms to promote fairness and transparency for leaseholders.
I am pleased that the Competition and Markets Authority is investigating mis-selling and onerous leasehold terms and looking at whether such terms are deemed to be unfair, and we will consider further action when it reports. That work supports a strong package of reforms to promote fairness and transparency for leaseholders.
What steps he is taking to tackle the mis-selling of leasehold properties.
I am grateful to the Secretary of State for his comments but, despite those efforts, buyers of brand-new properties in Kidderminster in my constituency still believe that they have been misled in terms of leasehold contracts and contracts relating to communal services charges on new build estates. Given that we agree that we need to increase house building significantly across the country, does the Secretary of State accept
that the apparent mis-selling must be properly investigated and brought to an end once and for all before the scandal affects millions upon millions of future homebuyers?
I am grateful to the Secretary of State for his comments but, despite those efforts, buyers of brand-new properties in Kidderminster in my constituency still believe that they have been misled in terms of leasehold contracts and contracts relating to communal services charges on new build estates. Given that we agree that we need to increase house building significantly across the country, does the Secretary of State accept
that the apparent mis-selling must be properly investigated and brought to an end once and for all before the scandal affects millions upon millions of future homebuyers?
I absolutely do. Unfair practices in the leasehold market have no place in modern housing, and neither do, for example, excessive ground rents that exploit consumers who get nothing in return. I called on the Competition and Markets Authority to look into this issue, and I am pleased it has now responded, also reflecting the calls from the Housing, Communities and Local Government Committee—I note that the Chair of the Committee, the hon. Member for Sheffield South East (Mr Betts), is in his place this afternoon.
It is right that we get to the bottom of this, that we challenge it and that we respond to these unfair practices firmly and effectively.
I absolutely do. Unfair practices in the leasehold market have no place in modern housing, and neither do, for example, excessive ground rents that exploit consumers who get nothing in return. I called on the Competition and Markets Authority to look into this issue, and I am pleased it has now responded, also reflecting the calls from the Housing, Communities and Local Government Committee—I note that the Chair of the Committee, the hon. Member for Sheffield South East (Mr Betts), is in his place this afternoon.
It is right that we get to the bottom of this, that we challenge it and that we respond to these unfair practices firmly and effectively.
I absolutely do. Unfair practices in the leasehold market have no place in modern housing, and neither do, for example, excessive ground rents that exploit consumers who get nothing in return. I called on the Competition and Markets Authority to look into this issue, and I am pleased it has now responded, also reflecting the calls from the Housing, Communities and Local Government Committee—I note that the Chair of the Committee, the hon. Member for Sheffield South East (Mr Betts), is in his place this afternoon.
It is right that we get to the bottom of this, that we challenge it and that we respond to these unfair practices firmly and effectively.
I am grateful to the Secretary of State for his comments but, despite those efforts, buyers of brand-new properties in Kidderminster in my constituency still believe that they have been misled in terms of leasehold contracts and contracts relating to communal services charges on new build estates. Given that we agree that we need to increase house building significantly across the country, does the Secretary of State accept
that the apparent mis-selling must be properly investigated and brought to an end once and for all before the scandal affects millions upon millions of future homebuyers?
When will the Secretary of State introduce regulation to give leaseholders redress? The leasehold valuation tribunal is toothless and, frankly, worthless. Whether it comes to erroneous charges, mis-selling, dangerous cladding or expensive charges, leaseholders have nowhere to go. There needs to be urgent regulation.
When will the Secretary of State introduce regulation to give leaseholders redress? The leasehold valuation tribunal is toothless and, frankly, worthless. Whether it comes to erroneous charges, mis-selling, dangerous cladding or expensive charges, leaseholders have nowhere to go. There needs to be urgent regulation.
I recognise the hon. Lady’s call, which is why we have taken a number of steps and will be bringing forward legislation to ban new leases on houses and to reduce future ground rents to zero monetary value. The Select Committee obviously highlighted the issue of existing leases as well, and we therefore now have a pledge in place and a number of people are coming forward to provide that direct response. I keep this issue under continual review as to what further steps are needed to change the situation for the future, as well as providing support for those already in this situation.
I recognise the hon. Lady’s call, which is why we have taken a number of steps and will be bringing forward legislation to ban new leases on houses and to reduce future ground rents to zero monetary value. The Select Committee obviously highlighted the issue of existing leases as well, and we therefore now have a pledge in place and a number of people are coming forward to provide that direct response. I keep this issue under continual review as to what further steps are needed to change the situation for the future, as well as providing support for those already in this situation.
I recognise the hon. Lady’s call, which is why we have taken a number of steps and will be bringing forward legislation to ban new leases on houses and to reduce future ground rents to zero monetary value. The Select Committee obviously highlighted the issue of existing leases as well, and we therefore now have a pledge in place and a number of people are coming forward to provide that direct response. I keep this issue under continual review as to what further steps are needed to change the situation for the future, as well as providing support for those already in this situation.
When will the Secretary of State introduce regulation to give leaseholders redress? The leasehold valuation tribunal is toothless and, frankly, worthless. Whether it comes to erroneous charges, mis-selling, dangerous cladding or expensive charges, leaseholders have nowhere to go. There needs to be urgent regulation.
My right hon. Friend and his team have, over the past year or so, made more progress than was made in the previous 20 years, which is greatly to be welcomed. May I ask that he continue showing the open-mindedness, flexibility and drive that are necessary to undo some of the past misdeeds, whether by declaring clauses to be unfair, and therefore unenforceable, or by finding simple, low-cost ways of righting wrongs that have been around for far too long?
My right hon. Friend and his team have, over the past year or so, made more progress than was made in the previous 20 years, which is greatly to be welcomed. May I ask that he continue showing the open-mindedness, flexibility and drive that are necessary to undo some of the past misdeeds, whether by declaring clauses to be unfair, and therefore unenforceable, or by finding simple, low-cost ways of righting wrongs that have been around for far too long?
I am grateful to my hon. Friend for his comments. We have firmly focused on this issue of leasehold, and I know the close attention he pays to the steps that have been taken. Obviously, the Competition and Markets Authority will be looking at this issue of unfairness. In relation to the Select Committee’s response, there are legal complexities with existing contracts, but I assure him that we will continue to focus on this to provide that effective response.
I am grateful to my hon. Friend for his comments. We have firmly focused on this issue of leasehold, and I know the close attention he pays to the steps that have been taken. Obviously, the Competition and Markets Authority will be looking at this issue of unfairness. In relation to the Select Committee’s response, there are legal complexities with existing contracts, but I assure him that we will continue to focus on this to provide that effective response.
I am grateful to my hon. Friend for his comments. We have firmly focused on this issue of leasehold, and I know the close attention he pays to the steps that have been taken. Obviously, the Competition and Markets Authority will be looking at this issue of unfairness. In relation to the Select Committee’s response, there are legal complexities with existing contracts, but I assure him that we will continue to focus on this to provide that effective response.
My right hon. Friend and his team have, over the past year or so, made more progress than was made in the previous 20 years, which is greatly to be welcomed. May I ask that he continue showing the open-mindedness, flexibility and drive that are necessary to undo some of the past misdeeds, whether by declaring clauses to be unfair, and therefore unenforceable, or by finding simple, low-cost ways of righting wrongs that have been around for far too long?
Hundreds of my constituents have written to me similarly feeling that they have been mis-sold their freehold, so I have written to the Competition and Markets Authority asking it to extend its inquiry to cover freehold, where people have to pay excessive and ever-escalating management and service fees. Will the Secretary of State support me in this?
Hundreds of my constituents have written to me similarly feeling that they have been mis-sold their freehold, so I have written to the Competition and Markets Authority asking it to extend its inquiry to cover freehold, where people have to pay excessive and ever-escalating management and service fees. Will the Secretary of State support me in this?
I certainly support the hon. Lady in seeing that inappropriate or unfair practices are properly investigated and properly responded to. If she is willing to share with me the details of the complaints she has received from her constituents, I would be happy to look into this further.
I certainly support the hon. Lady in seeing that inappropriate or unfair practices are properly investigated and properly responded to. If she is willing to share with me the details of the complaints she has received from her constituents, I would be happy to look into this further.
I certainly support the hon. Lady in seeing that inappropriate or unfair practices are properly investigated and properly responded to. If she is willing to share with me the details of the complaints she has received from her constituents, I would be happy to look into this further.
Hundreds of my constituents have written to me similarly feeling that they have been mis-sold their freehold, so I have written to the Competition and Markets Authority asking it to extend its inquiry to cover freehold, where people have to pay excessive and ever-escalating management and service fees. Will the Secretary of State support me in this?
In my excellent recent private Member’s Bill, I suggested that ground rent for leasehold properties should be set at the lower of £250 or 0.1% of the property’s value. Does the Secretary of State agree with that suggestion?
In my excellent recent private Member’s Bill, I suggested that ground rent for leasehold properties should be set at the lower of £250 or 0.1% of the property’s value. Does the Secretary of State agree with that suggestion?
I commend my hon. Friend the Member for Walsall North (Eddie Hughes) for his private Member’s Bill setting out the steps that are needed to bring the leasehold market into an appropriate space. He will have heard what I said about bringing ground rents down to zero. We have given that commitment, and the right thing is that we move forward with our proposed legislation. I am sure that, with his ingenuity, he will be able to scrutinise it and, no doubt, come up with further proposals to ensure that legislation is effective.
I commend my hon. Friend the Member for Walsall North (Eddie Hughes) for his private Member’s Bill setting out the steps that are needed to bring the leasehold market into an appropriate space. He will have heard what I said about bringing ground rents down to zero. We have given that commitment, and the right thing is that we move forward with our proposed legislation. I am sure that, with his ingenuity, he will be able to scrutinise it and, no doubt, come up with further proposals to ensure that legislation is effective.
I commend my hon. Friend the Member for Walsall North (Eddie Hughes) for his private Member’s Bill setting out the steps that are needed to bring the leasehold market into an appropriate space. He will have heard what I said about bringing ground rents down to zero. We have given that commitment, and the right thing is that we move forward with our proposed legislation. I am sure that, with his ingenuity, he will be able to scrutinise it and, no doubt, come up with further proposals to ensure that legislation is effective.
In my excellent recent private Member’s Bill, I suggested that ground rent for leasehold properties should be set at the lower of £250 or 0.1% of the property’s value. Does the Secretary of State agree with that suggestion?