New homeowner scandal hits freehold properties

graham-ireland.jpg

Home buyers are being warned of a fresh scam in which rogue developers are replacing extortionate leasehold charges with equally onerous restrictions on new build freehold properties.

The red alert comes from Graham Ireland at Lancashire law firm WHN Solicitors, who believes freehold laws are being abused by developers to replace revenue streams that dried up earlier this year.

This followed the government’s abolition of leasehold ownership for new-build homes to prevent developers from unfairly boosting profits by forcing up ground rent.

As a result, all new-build houses must now be sold as freehold. However, unscrupulous developers are now focusing their profiteering activities on people who have bought a new build with a freehold – in part because they enjoy much less legal protection than leaseholders.

Graham, head of conveyancing at WHN Solicitors, said: “Previously, the main difference between buying a new house leasehold and freehold was that if you owned it leasehold you needed to pay the ground rent, and if you owned the freehold you did not.

“It is more difficult to enforce freehold covenants than leasehold covenants, so another huge part of this scandal is that some developers are now putting the same covenants that were originally in their leasehold contracts into freehold contracts too.

“The upshot is that people are buying freehold and then, further down the line, finding they must get permission from the developer, or management company to extend their property, or for other home improvements. Also, service charges for green spaces and car parking –common on new housing schemes – can be arbitrary and unreasonable, potentially costing homeowners thousands of pounds.”

There are additional issues when people come to sell their properties, because buyers understandably want to see what service or maintenance charges have been paid, and what they’ll have to pay in the future.

Graham explained: “Some management companies are asking for fees of £300 just to supply a basic information pack that provides contractual details to potential buyers. This effectively gives sellers no choice but to pay this fee themselves if they want to sell their house.”

New home buyers are being advised by Graham to make sure their conveyancing solicitors check all the covenants that come with a freehold house before pressing ahead with any purchase. These covenants can be found in the document which transfers the property to the buyer on completion.

Graham said: “People can then try to negotiate for some of these covenants to be taken out of the transfer document through their solicitor. Th problem here is that the developers may not agree.”

A cross-party group of 30 MPs had tabled a bill to address the issues, but the measure fell by the wayside when Parliament was dissolved for the general election in December.

Previously, a parliamentary briefing paper that was published in August announced plans to reform freehold laws within a year. However, Graham is not optimistic about the prospects for speedy action.

He added: “It is reasonable to expect that people buying new freehold properties should have the same protection against exorbitant charges as people buying new leasehold properties. The problem is that legislative change is a slow process at the best of times, and reforming freehold contracts is unlikely to be at the top of the agenda when MPs return to parliament after the election.”

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Putting people first: Rethinking approaches to people management 031225 John Mackey 6

Putting people first: Rethinking approaches to people management

07 Aug 2026

2

Former regional journalist joins Freshfield PR team George Hodgson

Former regional journalist joins Freshfield PR team

07 Aug 2026

3

Plans unveiled for £30m transformation of country estate Gisburne Estate

Plans unveiled for £30m transformation of country estate

07 Aug 2026

4

Fast-growing competition firm hires compliance expert Elite

Fast-growing competition firm hires compliance expert

07 Aug 2026

5

Lucky 13 for James Hall & Co in Great Taste Awards Great Taste Awards 2026 - James Hall & Co. Ltd.jpg.jpg

Lucky 13 for James Hall & Co in Great Taste Awards

06 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

The Ultimate Network
Lancaster And Morecambe Logo 13 Aug 2026

The Ultimate Network

Garner Hotel , Preston, PR5 0UL

16:00 - 18:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin