11.1    Motion regarding Restoring Fairness to the Leasehold System.

 

Councillor Peter Golds moved and Councillor Andrew Wood seconded the motion as printed in the agenda.

 

Councillor Sirajul Islammoved and Councillor Rachel Blake seconded the following amendment to the motion to be debated as tabled:

 

Added text underlined

Deleted text scored out.

 

This Council notes:

 

There is a need for Tower Hamlets Council to promote fairness and transparency for the growing number of leaseholders in our borough and to address the unfair practices that exist in the leaseholder market. 

 

For over two decades issues regarding the unfairness of leasehold tenure in England and Wales have been raised by ministers from all governments.

 

Currently the Law Commission are considering a range of options for reforming the law on enfranchisement to make it easier, quicker, and cheaper for leaseholders to buy their freehold or extend their lease, for future implementation. 

 

The Competition and Markets Authority (CMA) launched an investigation into the leasehold system in June 2019 following concerns from MPs and consumer groups, looking at potential mis-selling and potential unfair terms.

 

The council notes the number of leasehold properties within the borough and fully supports a fairer, more transparent system for leaseholders nationally.

 

This council further notes:

 

Problems with some leases are becoming increasingly onerous to those purchasing a leasehold flat or house. While a leasehold may be presented as a cheaper option than buying the freehold, it is not always clear to the leaseholder what additional medium or long-term costs they may face. 

 

Some of the problems experienced by leaseholders are:

 

• Doubling ground rents: paying an increasing and continuing ground rent, which makes some leaseholders unable to sell their home due to difficulties securing a mortgage;
• Excessive and unjustified service or administration fees: paying potential fees for permissions to make alterations to a property or covenants in a lease; and
• Difficulty buying the freehold: the financial impact of extending the lease or buying the freehold from the developer after moving in;
• Lack of transparency: information is not always clear to leaseholders when purchasing to leaseholds.
   

These costs can total thousands of pounds more than envisaged at the point of sale. 

 

In addition, where developers sell on the freehold interest to a third party after a leaseholder has moved into a new build house, consumers can find that they are faced with significant legal and surveyor costs where they want to purchase the freehold. Such transfers can take place without the leaseholder being informed. 

 

The council supports a small number of leaseholders who contact officers directly however in the vast majority of cases leaseholders are advised to raise issues with their freeholder or managing agent, and to contact the Leasehold Advisory Service who provide free advice on service charges, extending a lease, and buying the freehold. Where there is a dispute, the leaseholder is advised to contact the Housing Ombudsman.

 

Tower Hamlets Homes launched its ‘New Deal for Leaseholders’ in June 2017 to give better payment terms and consultation for major works, access to partner services, clearer details about rights and responsibilities and better digital services.

 

This Council resolves that: 

 

• Support for commonhold ownership for flats, in preference to leasehold title ownership should be encouraged.

·         The Cabinet Member should update members on the CMA review into the leaseholder system when it has been completed.

 

• That council officers should hold a discussion with developers should be encouraged to deliver about commonhold ownership, not leasehold and that the council explores ways of encouraging that via the existing planning system. at the next bi-annual Developers Forum following the conclusion of the CMA review.
• That the council supports should signpost advice for leaseholders looking to buy their freehold often against freeholders who are unwilling to negotiate fairly. 
• The council explores ways in how we can support continue to signpost leaseholders with to more information from expert agencies about service charges, their calculation, how to complain and to what support is available to them against the occasional in respect of unscrupulous landlords.

 

Councillor Peter Golds and Councillor Andrew Wood indictaed that they accepted the ammendment to the motion.

 

The motion as amended was unaimously agreed.

 

DECISION:

 

This Council notes:

 

There is a need for Tower Hamlets Council to promote fairness and transparency for the growing number of leaseholders in our borough and to address the unfair practices that exist in the leaseholder market. 

 

For over two decades issues regarding the unfairness of leasehold tenure in England and Wales have been raised by ministers from all governments.

 

Currently the Law Commission are considering a range of options for reforming the law on enfranchisement to make it easier, quicker, and cheaper for leaseholders to buy their freehold or extend their lease, for future implementation. 

 

The Competition and Markets Authority (CMA) launched an investigation into the leasehold system in June 2019 following concerns from MPs and consumer groups, looking at potential mis-selling and potential unfair terms.

 

The council notes the number of leasehold properties within the borough and fully supports a fairer, more transparent system for leaseholders nationally.

 

This council further notes:

 

Problems with some leases are becoming increasingly onerous to those purchasing a leasehold flat or house. While a leasehold may be presented as a cheaper option than buying the freehold, it is not always clear to the leaseholder what additional medium or long-term costs they may face. 

 

Some of the problems experienced by leaseholders are:

 

• Doubling ground rents: paying an increasing and continuing ground rent, which makes some leaseholders unable to sell their home due to difficulties securing a mortgage;
• Excessive and unjustified service or administration fees: paying potential fees for permissions to make alterations to a property or covenants in a lease; and
• Difficulty buying the freehold: the financial impact of extending the lease or buying the freehold from the developer after moving in;
• Lack of transparency: information is not always clear to leaseholders when purchasing to leaseholds.
   

These costs can total thousands of pounds more than envisaged at the point of sale. 

 

In addition, where developers sell on the freehold interest to a third party after a leaseholder has moved into a new build house, consumers can find that they are faced with significant legal and surveyor costs where they want to purchase the freehold. Such transfers can take place without the leaseholder being informed. 

 

The council supports a small number of leaseholders who contact officers directly however in the vast majority of cases leaseholders are advised to raise issues with their freeholder or managing agent, and to contact the Leasehold Advisory Service who provide free advice on service charges, extending a lease, and buying the freehold. Where there is a dispute, the leaseholder is advised to contact the Housing Ombudsman.

 

Tower Hamlets Homes launched its ‘New Deal for Leaseholders’ in June 2017 to give better payment terms and consultation for major works, access to partner services, clearer details about rights and responsibilities and better digital services.

 

This Council resolves that: 

 

·         The Cabinet Member should update members on the CMA review into the leaseholder system when it has been completed.

 

• That council officers should hold a discussion with developers about commonhold ownership at the next bi-annual Developers Forum following the conclusion of the CMA review.
• That the council should signpost advice for leaseholders looking to buy their freehold often against freeholders who are unwilling to negotiate fairly. 
• The council explores ways in how we can continue to signpost leaseholders to more information from expert agencies about service charges, their calculation, how to complain and what support is available to them in respect of unscrupulous landlords.

11.2 Motion regarding Autism in Housing

 

Councillor Rabina Khan moved the motion as printed in the agenda.

 

Councillor Sirajul Islam moved and Councillor Amina Ali seconded the following amendment to the motion to be debated as tabled

 

Added text underlined

Deleted text scored out.

 

This Council Notes:

 

1. That Autism Spectrum Disorder (ASD) is a wide-ranging and complex condition, which has far-reaching effects on an individual’s life and that of their families and others involved in their lives. Autism is regarded as a disability under the Disability Discrimination Act 1995 (DDA). However, high-functioning autism (Asperger’s) is often seen as an invisible disability.

 

2. Sufferers have diverse physical and psychological requirements, so the home environment and the available facilities are therefore crucial to the wellbeing of families with a member on the ASD spectrum. Some ASD sufferers rely heavily on routine and structure and can suffer from extreme anxiety when they face any major upheaval or changes.

 

3. Many families with one or more members on the ASD spectrum are living in wholly inadequate properties, which do not meet their needs, yet they are not being given medical priority to enable them to be rehoused.

 

4. Under the DDA, reasonable steps must be taken by councils, housing associations and landlords to address the barriers that may be experienced by disabled tenants.

 

5. Adults with ASD may feel isolated, but do not have the social skills to enable them to connect with other people. They may not know how to behave appropriately with neighbours of others in the community and some have obsessive or ritualistic behaviours, which can seem challenging to others.

 

6. The new local Housing Strategy has specifically recognised the needs of people with learning difficulty and autism and contains a commitment to work to support the development of an Accommodation Plan for People with Learning Disabilities and those on the ASD spectrum.

 

7. However, it does not go far enough in properly assessing the forms submitted by those who have applied for medical priority, especially when there is overwhelming evidence from doctors, health departments and other professionals to support the applications.

 

 

This Council Believes:

1. That the Council has a duty to support and assist people with ASD to enable them to access appropriate living conditions.

 

2. It recognises that every case if different and there can be a variety of complex needs specific to each case.

 

3. Some children with ASD have very little awareness of their own safety and that of others, so full assessments should be carried out to ensure that adaptations are made where necessary to protect the families concerned.

 

4. Through our Choice Based Lettings scheme each case will be assessed so applicants are awarded priority based on this and can then bid for properties they deem are suitable for their individual needs.

Priority must be given to families where the ASD sufferer does not have their own bedroom, as they need their own space and it is important that they do not disturb their siblings/other family members and vice versa.  There should also be adequate toilet/bathroom facilities.

 

5. Many people with ASD need a calming environment, as some have a higher sensitivity ton noise, light, heat or smell. Placing a family with an ASD member in a property next to a busy train line, for example, would not be suitable.

 

 This Council Resolves:

 

1. To fulfil its vision in its Autism Strategy for Adults 2017-22 of ensuring that: “All adults with autism are able to live fulfilling and rewarding lives within a society that accepts and understands them. They can get a diagnosis and access support if they need it, and they can depend on mainstream public services to treat them fairly as individuals, helping them make the most of their talents.”

 

2. To ensure that applications for medical priority on the basis of ASD should be assessed by an appropriate, trained assessor and where appropriate receive a home visit. by a specialist medical assessor with a specific understanding of ASD.

 

3. To ensure that, where necessary, such applications for medical priority should be entitled to automatic OT visit.

 

 

Councillor Rabina Khan indicated that she accepted the amendment to the motion.

 

 

The motion as amended was unanimously agreed.

 

RESOLVED:

 

This Council Notes:

 

1.         That Autism Spectrum Disorder (ASD) is a wide-ranging and complex condition, which has far-reaching effects on an individual’s life and that of their families and others involved in their lives. Autism is regarded as a disability under the Disability Discrimination Act 1995 (DDA). However, high-functioning autism (Asperger’s) is often seen as an invisible disability.

 

2.         Sufferers have diverse physical and psychological requirements, so the home environment and the available facilities are therefore crucial to the wellbeing of families with a member on the ASD spectrum. Some ASD sufferers rely heavily on routine and structure and can suffer from extreme anxiety when they face any major upheaval or changes.

 

3.         Many families with one or more members on the ASD spectrum are living in wholly inadequate properties, which do not meet their needs, yet they are not being given medical priority to enable them to be rehoused.

 

4.         Under the DDA, reasonable steps must be taken by councils, housing associations and landlords to address the barriers that may be experienced by disabled tenants.

 

5.         Adults with ASD may feel isolated, but do not have the social skills to enable them to connect with other people. They may not know how to behave appropriately with neighbours of others in the community and some have obsessive or ritualistic behaviours, which can seem challenging to others.

 

6.         The new local Housing Strategy has specifically recognised the needs of people with learning difficulty and autism and contains a commitment to work to support the development of an Accommodation Plan for People with Learning Disabilities and those on the ASD spectrum.

 

7.         However, it does not go far enough in properly assessing the forms submitted by those who have applied for medical priority, especially when there is overwhelming evidence from doctors, health departments and other professionals to support the applications.

 

 This Council Believes:

 

1.         That the Council has a duty to support and assist people with ASD to enable them to access appropriate living conditions.

 

2.         It recognises that every case if different and there can be a variety of complex needs specific to each case.

 

3.         Some children with ASD have very little awareness of their own safety and that of others, so full assessments should be carried out to ensure that adaptations are made where necessary to protect the families concerned.

 

4.         Through our Choice Based Lettings scheme each case will be assessed so applicants are awarded priority based on this and can then bid for properties they deem are suitable for their individual needs.

 

5.         Many people with ASD need a calming environment, as some have a higher sensitivity to noise, light, heat or smell.

 

 This Council Resolves:

 

1.         To fulfil its vision in its Autism Strategy for Adults 2017-22 of ensuring that: “All adults with autism are able to live fulfilling and rewarding lives within a society that accepts and understands them. They can get a diagnosis and access support if they need it, and they can depend on mainstream public services to treat them fairly as individuals, helping them make the most of their talents.”

 

2.         To ensure that applications for medical priority on the basis of ASD should be assessed by an appropriate, trained assessor and where appropriate receive a home visit.