Tag Archives: consumer
Call for administration of UK leasehold property sales to be streamlined
The Conveyancing Association (CA), the leading trade body for the conveyancing industry in the UK, has outlined a number of recommendations to end what it believes to be significant delays and overcharging taking place within the leasehold sector. A growing number of leasehold sales are taking place each year across all UK regions, up from 220,000 in 2011 to 260,000 in 2015, with 57% in Greater London and 40% in the North West. As a result the CA wants to see a streamlined process taking out the unnecessary delays and a cut to what it describes as ‘unwarranted’ fees charged by many lease administrators who administer the terms of the lease to the leaseholder. In a recent survey of conveyancers some 56% of CA member firms said they believe that in 30% of transactions lease administrators charge unreasonable fees, and a further 32% said in 16% to 30% of sales they charge unreasonable fees. On top of this, 62% of estate agents, the traditional buffer between the consumer and the process, say that the provision of leasehold sale information causes real issues in the house moving process, with 34% branding it ‘an absolute nightmare’. Common problems within the process include identifying the lease administrator as there is no registration or regulation required and significant delays can be incurred attempting to find the right person or company. There is also a recognised imbalance of bargaining power between the lease administrator and the leaseholder as there is currently no requirement for the publication of costs or any control over their extent in relation to receipt of service of notice, deed of covenant, share transfer or certificate of compliance. When it comes to overcharging on the part of the lease administrators the CA has seen cases where costs levied are up to nine times more than what the conveyancing industry might expect them to charge for carrying out such work. On average Lease Administrators are charging between £250 per hour and £360 per hour for administrative work, far in excess of what conveyancers and customers might expect those charges to be. The CA also points out that there is also often a duplication of costs with leaseholders required to pay multiple parties to complete their LPE1 (Leasehold Property Enquiry) form and no redress system is currently available to existing or incoming leaseholders with no effective consumer rights and no recourse to the Ombudsman given its lack of jurisdiction over costs unless the complaint is in respect of a breach of agreement for those costs. It points out that there can be significant delays in the provision of the LPE1 information and dealing with other requirements post-sale necessary for the registration and protection of the leaseholder’s title. This causes significant distress to a chain of house movers and can cause sales to fall through. To reduce the impact of these issues the CA suggests that delays in the… Continue reading
Lenders in UK praised for work on responsible lending requirements
Lenders in the UK positively applied the responsible lending requirements which came into force as part of the Mortgage Market Review (MMR) introduced in April 2014, a new report concludes. But there is scope for improving consumers’ ability to make better choices about mortgage deals according to the Responsible Lending Review published by the UK’s financial watchdog, the Financial Conduct Authority (FCA). It also says that some firms need to make process improvements to help them consistently assess and record their lending decisions and some could be more proactive and consistent in making use of flexibilities and exceptions to the responsible lending requirements for existing customers. The research found no evidence that the rules have prevented firms lending responsibly to consumer groups such as older borrowers and the self-employed. However it points out that with older consumers representing an increasing proportion of the UK population it is important that the mortgage market continues to develop a range of products that can meet their needs. Potential issues relating to lending to older borrowers will be included in wider work on the ageing population being undertaken by the FCA. The review looked at the challenges that consumers face in making effective choices, particularly when it comes to assessing and acting on information about mortgage products, with intermediaries being key to the process. It also examined if there are opportunities to make more effective use of technology in the provision of information and advice and commercial relationships between different players in the sector’s supply chain, in particular the use of panels, that might give rise to competition concerns. The FCA will carry out further work where there is greatest scope for competition to improve consumer outcomes. In particular, it will launch a targeted market study in the fourth quarter of 2016 focused on consumers’ ability to make effective choices, with a view to improving how competition works in consumers’ best interests. This study will try to determine if the available tools for helping consumers make choices, such as price comparison websites, best-buy tables, and advice, effectively meet their needs. ‘For millions of consumers a mortgage is one of the biggest financial transactions they will enter into in their lifetime so it’s encouraging to see firms embrace the spirit and the letter of our rules,’ said Christopher Woolard, director of strategy and competition at the FCA. ‘At the same time, there appears to be more to be done to improve competition in the mortgage sector. Competition can play a key role in ensuring that the sector works well, delivering lower prices, better products and choice, and more innovation,’ he explained. ‘Based on the evidence we’ve collected so far, we intend to launch a forward looking market study later on this year, with particular focus on the roles played by intermediaries and panels,’ he added. The Council of Mortgage Lenders welcomed the review and pointed out that members are already working on certain areas such as improving consumers' ability… Continue reading
