Yorkshire Post

Builders told to remove ‘unfair’ contract terms

The regulator acts over ground rents

- GREG WRIGHT DEPUTY BUSINESS EDITOR ■ Email: greg.wright@jpimedia.co.uk ■ Twitter: @gregwright­yp

THE COMPETITIO­N and Markets Authority has ordered Countrysid­e and Taylor Wimpey to remove contract terms that mean leaseholde­rs have to pay ground rents that double every 10 or 15 years.

In September 2020, the Competitio­n and Markets Authority (CMA) launched enforcemen­t action against four housing developers.

These included Countrysid­e Properties and Taylor Wimpey, for using possibly unfair contract terms, and Barratt Developmen­ts and Persimmon Homes over the possible mis-selling of leasehold homes.

In a statement, the CMA said: “The CMA has now written to Countrysid­e and Taylor Wimpey outlining its specific concerns that their use of terms that double the ground rent every 10 or 15 years breaks consumer protection law.

“As this increase is built into contracts, it means people can struggle to sell or mortgage their homes, and so find themselves trapped.

“These terms can also affect their property rights.

“To address the concerns, the CMA is requiring the removal of ground rent terms which it thinks are unfair from all existing Countrysid­e and Taylor Wimpey contracts to make sure they are no longer in breach of the law. The companies must also agree not to use the terms again in any future leasehold contracts.”

Andrea Coscelli, CMA chief executive, said: “These ground rent terms can make it impossible for people to sell or get a mortgage on their homes, meaning they find themselves trapped. This is unacceptab­le.

“Countrysid­e and Taylor Wimpey must entirely remove all these terms from existing contracts to make sure that they are on the right side of the law.

“If these developers do not address our concerns, we will take further action, including through the courts, if necessary.”

Housing Secretary Robert Jenrick said: “The Government asked the CMA to conduct this investigat­ion.

“I strongly welcome their efforts to bring justice to homeowners affected by unfair practices, such as crippling ground rents, which have no place in our housing market.

“This behaviour must end and I look forward to appropriat­e redress being forthcomin­g for leaseholde­rs.”

Countrysid­e and Taylor Wimpey now have the opportunit­y to respond to the CMA’s detailed concerns and avoid court action by signing formal commitment­s – known as ‘undertakin­gs’ – to remove the ground rent terms from their leasehold contracts.

Taylor Wimpey said in a statement: “We will continue to cooperate with the CMA and work with them to find a satisfacto­ry

resolution, within the required timescale.”

The company pointed out it stopped selling leases containing 10-year doubling ground rent clauses on new developmen­ts from January 2012 and set aside £130m to cover the cost of conversion­s for customers to inflationl­inked leases.

Countrysid­e said in a statement: “Countrysid­e has sold no properties with doubling ground rent clauses since 2017 and we

introduced the Ground Rent Assistance Scheme in 2020 to assist leaseholde­rs whose ground rents doubled more frequently than every 20 years.

“We will continue to engage constructi­vely with the CMA to resolve this complex issue. Alongside these discussion­s, its resolution will require the engagement of a number of other parties, including certain freehold owners, for a satisfacto­ry solution to be found.”

I strongly welcome their efforts to bring justice to homeowners. Robert Jenrick, Housing Secretary

 ??  ?? CLAMPING DOWN: Taylor Wimpey and Countrysid­e have been told to remove unfair ground rent terms.
CLAMPING DOWN: Taylor Wimpey and Countrysid­e have been told to remove unfair ground rent terms.

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