Written evidence submitted by Anonymous [LHR 047]

 

Basic Details

 

Full Name(s)

 

 

****************

 

Address

 

 

******************

********

********

 

 

Correspondence Address

(if different from above)

 

 

 

Telephone number

 

****************

 

Email address

 

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The Parties

 

Original developer

 

LPC Living

 

Current freeholder

(if known)

 

Abacus Land 4 Limited (Guernsey)

 

Ground rent collected by Landmark Collections

 

Conveyancing solicitor who acted at time of purchase

 

 

 

Current solicitor

(if any)

 

 

 

Current mortgage company

 

 

Lease details

Property type

(please tick)

House

 

Flat

 

 

Lease start date

 

2008 (Original Lease)

 

2010 (Purchaser Lease)

 

Review date 1st January 2018

 

Lease length

 

999 years

 

Starting ground rent

 

£100 p/a

 

Current ground rent

 

£100 p/a

 

Review clause

(please tick)

RPI every 5 years

 

RP every 10 years

 

RPI every 15 years

 

RPI every 20 years

 

RPI other (please state)

 

Doubling every 5 years

 

Doubling every 10 years

Doubling every 15 years

 

Doubling every 20 years

 

Doubling other (please state)

 

Other (please state)

 

 

 

 

Permission clauses

(please tick all that apply)

Subletting

Internal alterations

External alterations

Internal structural alterations

External structural alterations

Other (please state)

 

 

 

I believe my lease is onerous because

(please tick all that apply)

My ground rent is high (more than 0.1% of property value)

 

My ground rent review clause is onerous

I have onerous permission clauses

 

Other (please state)

 

 

 

I have also had the following problems

(please tick all that apply)

Aggressive selling techniques by the developer

 

Told to complete quickly by the developer (less than 8 weeks)

 

Told to use recommended solicitor by the developer

 

My solicitor failed to advise me on the onerous lease terms

 

I was told I could buy the freehold for a discount after I bought the property, but when I tried to buy it, the freehold had been sold and the new freeholder refused to honour the agreement

Problems with the condition of my property

 

The roads have not been adopted

High service charges

Other (please state)

 

 

 

Valuation

 

Purchase price originally

 

£147,500

 

Discounts given by developer

(state amounts and why)

 

None

 

Cost to buy freehold / lease extension based on current lease terms

(if you have it)

 

Unknown. Freeholder has not responded to requests.

Have you tried to sell?

Yes

No

 

 

If yes, why didn’t it sell?

 

 

 

Two sales fell through as a direct result of the ground rent doubling clause. One because buyers were not minded to take on the clause, the other because the buyers couldn’t find a lender that would lend against the clause.

Help to buy

Help to buy?

Yes

 

No (if no, please ignore rest of this section)

Help to buy repaid?

(if applicable)

Yes

 

No

 

If repaid, how much did you borrow initially?

If repaid, how much did you repay?

 

 

Details

  1. If you have concerns with the way the property was originally sold to you, please set out in chronological order the events as they happened and explain what your concerns are. This might be with the developer, conveyancing solicitor, mortgage company and/or or any other party.

 

 

 

No advice received at the time from any parties involved, with regards to how the ground rent doubling clause may affect future sale or value.

 

 

 

 

 

 

 

  1. If you have had problems since buying the property (for example, permission fees or dilapidations), please explain them here.

 

 

N/A

 

 

 

  1. Please explain the personal impact this has had on you.

 

I have been unable to sell my property. As a result, the plans that my family and I have, with regard to a relocation are being delayed. This is having a direct impact on my wellbeing and mental health, causing unwanted stress and financial implications. It has ultimately meant that the value of my property has reduced and I will have significant issues in selling the property.

 

 

 

 

 

 

  1. What would you like the Select Committee to do to fix your problems?

 

I would like the select committee to find in favour of leaseholders, and advise on the passing of legislation that either holds developers to account for trapping homeowners into an immoral, expensive and prohibitive situation and/or forcing leaseholders to sell their freehold and/or amend doubling clauses as a standard, for existing leaseholders.

 

 

 

 

 

  1. Anything else not covered elsewhere

 

 

 

 

 

 

 

 

 

 

Statement of Truth

I/We confirm that the information set out in this form is true to the best of our knowledge and belief. I/We understand the legal implications of giving false or misleading information. 

 

I/We attach a copy of the lease. I/We would be prepared to provide further information or documentation to the Select Committee should it be of assistance.

 

Signed                                               ……………………………………………..

 

                                                          ………………………………………….….

 

Dated

 

 

 

August 2018