Retirement Property Management Companies: Regulation

Let me say at the outset what a pleasure it is to see my good friend, the hon. Member for Vauxhall and Camberwell Green (Florence Eshalomi), in her place replying to this debate. The whole House was delighted to see her promotion in the recent reshuffle. It was long overdue, and I look forward to how she replies to this debate to work out the benchmark for her appearances on future occasions. The weight of documentation that I hold in my hands will give the House some indication of the weight of the problem that the organisation of retirement property management companies presents to many of our constituents across the country. My remarks are principally motivated by the lamentable behaviour of a company called Cognatum Estates, which runs three facilities in North Dorset: Home Farm in Iwerne Minster, Castle Gardens in Shaftesbury and Walpole Court in Puddletown. I have had constituents from those three facilities come to see me on many occasions, as well as write and email, with a growing list of concerns that seem to go absolutely ignored. Those constituents should not take it particularly personally, because Cognatum has been presenting problems in other constituencies too. The hon. Members for Surrey Heath (Dr Pinkerton) and for Honiton and Sidmouth (Richard Foord) and I met Cognatum representatives some little while ago to talk through the concerns that our constituents were sharing with us. They met, they listened and then they wrote to us to say, “Thank you very much indeed. We will never meet you again. Everything in the garden is rosy. We don’t recognise the evidence that you have given us.” There is a real problem here, and the Government need to act. Unfortunately, I think I may be correct in highlighting a point raised by my constituent Jean Wilkinson, a resident of one of the Cognatum properties. She wrote to me as follows: “It is also important to highlight that a significant number of residents are elderly and in poor health. As a result, many do not feel able to raise concerns or advocate for themselves. This creates a situation where important issues risk being overlooked and where residents feel they do not have a sufficient voice.” I have had a number of emails from across the country and from other constituents that effectively mirror and echo that point. Madam Deputy Speaker, I know that you too have had issues in your constituency, albeit with a different company—we were talking about it earlier in the day. Too many property management companies view their residents as elderly cash cows. They are people who have worked and saved hard, want to be independent in their older years, and do not want a huge amount of fuss and bother—they just want a quiet, peaceful, dignified, sensible, grown-up sort of a life. As one gets older, I am certain that one becomes a little less bullish in challenging and questioning authority. Anything for a quiet life: “If the service or management charges go up and I am not given a particularly clear explanation or cogent argument to support it, well, I’ll just write the cheque and pay, because it is the line of least resistance.” I am absolutely convinced that that is now a deep-set and ingrained way in which a lot of those companies operate.

The hon. Gentleman is setting out a compelling case for how providers of retirement homes and accommodation are letting people down, and the absence of redress that a lot of residents have. Does he agree that this is an area in which we desperately need more regulation and oversight, and that the Government need to take action to that effect?

I agree fundamentally with the hon. Gentleman. I will come on to that matter in a moment, because there are two very specific areas that I think require attention. Cognatum does not get off scot-free because of one doggedly determined constituent, Peter Wintle, who lives in Home Farm of Iwerne Minster. He has cogently and sensibly asked questions over the years of Cognatum, only to be met with very little in reply. The issues that Peter has raised with me on behalf of those residents, which are echoed by others, is the absence of management transparency—a key and important thing—and accountability of the companies involved, as well as a lack of clear communication that sets out in easily digestible form information that residents require and openness on finance, explaining why service charges go up and why repairs or maintenance are being done in a certain way. There is a lackadaisical and tardy attitude in responding to issues and complaints raised by residents—all things that should not be expected. The complaints system is not worthy of the name. In the case of Cognatum, because of the way it organises itself, there are also unaudited accounts, which make it incredibly hard for anybody to follow the line on the balance sheet. I give way to the hon. Gentleman, without whom no Adjournment debate would be complete.

I commend the hon. Gentleman for securing this debate. Vulnerable retirees in Strangford are facing experiences and anxieties that mirror those he has referred to. While we do have the Ground Rents Act (Northern Ireland) 2001, it lacks a statutory cap on ground rents and it is not possible to regulate the runaway management and event fees levied by private firms. Does the hon. Gentleman agree that our elderly population, including elderly constituents in Strangford, deserve uniform financial protections and safety from predatory management practices, regardless of which corner of the United Kingdom they reside in?

I agree. That goes back to the point I made a moment ago that too many of these companies see their residents as a soft or easy touch. They think that their residents will just suck it up and simply write the cheque.

I thank my hon. Friend for giving way again and for securing this Adjournment debate. Does he agree that there is a particularly predatory aspect upon the death of a resident who has occupied one of these properties? I would like to use this moment to pay tribute to Alex Roll, a constituent of mine whose mother’s estate has been crawled all over by predatory management companies that have seen an opportunity to effectively seize the assets of someone who worked tirelessly through their life. This system urgently needs reform—it is desperate for it.

I agree with my hon. Friend and with his constituent, Alex Roll, who has been in contact with me via Facebook. I take the point that my hon. Friend makes on her behalf, and that she makes on behalf of countless others, which is that these companies are inclined to effectively hunt with the hounds and run with the hare at the same time. When somebody dies and the property then goes up for sale—sometimes, because of the restrictive covenants, the resale can be a slow and difficult business—not only do these companies receive a fairly significant clawback at the point of sale, but they demand service charges to be paid while the property is vacant or while probate is awaited. They really are trying to milk it from both ends, and I just do not think that stacks up in the court of public opinion as being fair or justifiable. One should be able to say, “This property is vacant. We will not levy the service charge, as that will effectively be included in the clawback that we get at the point of sale,” because there is clearly no resident in that property using those services.

I thank the hon. Gentleman for giving way. I just wanted to highlight a case of exactly that. I have a constituent whose property has been on the market since 2022. The landlord chooses who the new owner will be. The adult members of the family, who are struggling to get on to the property ladder, cannot move in because they are not over 55, and the landlord will not allow the property to be rented out, even though it rents its properties out on the same site. They are absolutely banjaxed. There is an exit fee as well. It is catastrophic. I wonder whether the hon. Gentleman agrees that this is just opportunistic profiteering at the expense of people who are vulnerable, and actually, when people have died, the families really are catastrophically affected.

The hon. Lady expresses it very well, and I agree with her assessment entirely. It is the age and vulnerability of many—the “anything for the quiet life” factor—that is being exploited to the max. I want to mention specifically the hon. Member for Surrey Heath—although in this campaign he is very much my hon. Friend. We have been working together very closely on issues relating to Cognatum. He has Mytchett Heath in his constituency, and the issues being raised by his residents mirror those being raised by mine, and it is not a pretty picture.

I, too, am very much aware of this issue. In my constituency I have a property called Williamson Court, which is run by McCarthy & Stone, and everything that colleagues are saying sounds very familiar. Does the right hon. Gentleman have any sense of the scale of this issue right across the country, because it strikes me that we represent very different parts of the UK?

I think it manifests itself in all quarters of the United Kingdom, but not all companies are culpable. My other campaign is on the regulation of the funeral sector; it is the rotten apples in the barrel that give the whole sector a bad name. It is on them that attention should be focused.

Will the right hon. Gentleman give way?

I will not, if the hon. Gentleman will forgive me, because we want to hear from the Minister. I am told that Cognatum and its subsidiaries claim small companies exemptions, meaning that there are no independent audits and the directors control the financial disclosures. Inconsistent and exceptional accounting items suggest financial irregularities. The company operates on a “going concern” basis, despite significant inter-company debts, and the auditors do not sign the reported financial statements, raising accountability concerns. That suggests, as the hon. Member for Wells and Mendip Hills (Tessa Munt) and others have suggested, the need for regulation. I have two asks of the Minister. The first is to have a thorough assessment of the effectiveness and independence—or rather, the lack thereof—of the Association of Retirement Housing Managers. They are populated in the main by current operators. Effectively, colleagues are being asked to mark other colleagues’ homework. I do not think that is sustainable or desirable, and it needs looking at. A number of my constituents believe that there is a rather lackadaisical approach to following the requirements of section 20 of the Landlord and Tenant Act 1985. I know that the Government have been doing some work on that, so it would be interesting to hear what the Minister has to say. In closing, I am grateful to colleagues from across the House who have supported me in this endeavour. I pay tribute again to the hon. Members for Surrey Heath and for Honiton and Sidmouth for the work that the three of us have been doing with regard to Cognatum. We did say that there would be an Adjournment debate if Cognatum was not prepared to engage and try to pull up its socks and improve the operation and service that they give to their residents, so this is a debate literally of their own making. This sector has grown up quite quickly; it is still quite novel in this country. People are still finding their way, and I think we are probably only on the first or second generation of residents experiencing the pitfalls of both resale and clawback issues and the lack of accountability that exists in the management and maintenance of many of these places where people live. These people have chosen to live there. They have invested a significant sum of their money so that they can live a retired life in dignity.

The situation that the hon. Gentleman describes is somewhat analogous to what we see with park homes, for which there is a requirement for a fit and proper person test, with regulation from the local authority. Might that suit the situation he outlines?

That is a good suggestion. Anything has to be better than the status quo, which is neither defensible nor indeed desirable.

rose—

The hon. Gentleman has been frightfully patient. I will give way to him.

I thank the hon. Member for giving way. I have a 92-year-old constituent, Freda Quinton, who has been unable to live in her retirement property since April because persistent and unresolved leaks have not been repaired, despite repeated assurances that they would be. She therefore cannot live independently. She now has health concerns, emotional distress and financial pressures. Does the hon. Member agree that that is no way to treat older residents and that a problem exists not only with the management company that he has referred to, but with others?

I agree. There is a common theme coming through, which is the age, the vulnerability, the “anything for the quiet life,” the “We’re not empowered to ask questions,” and maybe not being digitally alert. Some bigwig from a company comes along and attends a meeting. In the case of Cognatum, they tell us, “Don’t worry, Mr Hoare, Dr Pinkerton and Mr Foord, because we have a tenant representative on the board.” How is that tenant representative chosen? They are chosen by the board of Cognatum—they are not elected by fellow residents at all—so a poacher chooses potentially another poacher to mark their own homework. There is this vulnerability: this “anything for a quiet life”; this “are we empowered to ask questions?” Indeed, the tipping point for me was when one of my constituents, who was asking perfectly legitimate questions in a perfectly civil way, found on his doormat a letter from Cognatum’s solicitors saying, “We think you are being vexatious and we are considering your lease arrangements.” Effectively, they were saying, “Ask any more questions, sunshine, and you’re out on your ear.” That gentleman is over 80. I do not think that is the right and proper way to treat anybody. The hon. Member for Wolverhampton West (Warinder Juss) raised a distressing case, obviously causing concern to him, to his constituents and to their friends and family. I hope that the comments and observations made in the debate have convinced the Minister that the status quo cannot continue. While we all call for a lighter regulatory approach and so on, this is a particular area of operation that has grown swiftly and autonomously, and is now crying out for reform. Reform of the association and rigorous enforcement of the section of the Act that I quoted would be a good starting point.

May I congratulate the hon. Member for North Dorset (Simon Hoare) on securing the debate and thank him for his kind remarks on my appointment? I have fond memories of shadowing him when I was in opposition. I know that he has a breadth of knowledge across housing, communities and local government, and that this issue is close to his heart. I also thank the other Members for their contributions. I want to start by reassuring the hon. Gentleman that although this area sits with my colleague the Minister for Housing and Planning, I have been looking at it and will feed back to him on the key issues. The contributions have highlighted a really important area: the many challenges that leaseholders across the country, and especially elderly leaseholders, are facing with management companies, with flagrant disregard for people who have worked so hard to secure their property and live independently. The hon. Gentleman highlighted the key areas where management companies continue to let people down, including issues with transparency, accountability, communication, responding to issues, raising complaints and unaudited accounts. Those are basic things that management companies should be doing. I think about elderly leaseholders and how, for many of them, if they do not have a network of family support helping them to navigate this, it can feel predatory, as the hon. Member for Bromsgrove (Bradley Thomas) highlighted. When someone receives those letters with demands, it can be quite scary. We recognise the hugely important role that the older people’s housing sector plays—I do think there is a role for it—in ensuring people have independence in later life. We want to be able to make sure of that. We are keeping people out of hospital, and that can only happen if they have a safe and secure home of their own to go back to. The Government are committed to enhancing provisions and choice across the residential market, including for older people, and that means both increasing the supply of homes to older people and, most importantly, improving their experience in their own homes. Many residents of retirement homes have made a significant financial and, in some cases, personal contribution to their homes, and they should have the confidence that when they raise valid concerns, those should be addressed promptly and in a timely manner. When they challenge bad practice, they should get a response and they should not have to come to their Members of Parliament. Yet we are seeing so many people resorting to raising issues and parliamentarians having to name and shame management companies until any action is taken. That should not be the way that things are happening.

I am delighted to see the Minister in her place. I am sure she will remember that the Housing, Communities and Local Government Committee recently scrutinised the Commonhold and Leasehold Reform Bill. We found it wanting; it did not go far or fast enough. The solution to the problems outlined in this debate is to properly regulate property managing agents and especially those that run retirement homes for the vulnerable elderly. Does the Minister agree that the Bill needs to come back urgently with that regulation?

I hope the Select Committee is going very well. The hon. Gentleman will know that this is an issue that we championed on the Committee to the point that, if he recalls, in many senses I harassed the former Prime Minister and the Minister for Housing, saying “When will we see the Bill? The Bill has to come before the House. It is an issue that comes into many parliamentarians’ inboxes, it is a cross-party issue and we want to see the Government act on that and make good on that commitment.” I want to highlight that there are many good managing agents out there. This is not about saying that the issue of managing agents is all bad. There are good ones who are responsible, who respond on time and who are responsible for providing safe and secure homes for their residents. However, we know that far too often, the poor and unscrupulous managing agents let the sector down. Managing agents play an important role in the maintenance of a wide range of multi-occupancy buildings and freehold estates. Their importance will only increase as we transition towards a commonhold future, so it is essential that we take action to drive up the standards within the sector. As the hon. Member for North Dorset and other hon. Members will know, the previous Government committed to regulating managing agents in 2018 and asked a working group chaired by Lord Best to advise them on how to do that. Yet, they failed to respond to the group’s final report, which was published in July 2019. We have moved on from that. It is about how we now take those recommendations and bring an outcome for so many people, and the Government are ready to take forward a number of those recommendations. The retirement sector has some specific arrangements in place. Many retirement housing managing agents already operate under the Association of Retirement Housing Managers’ code of practice, which sets the standards on transparency and complaints handling, but as we have heard this evening that does not seem to be working and it is about how we ensure that we are enforcing some of those key areas. Elsewhere in the sector, similar consumer protection standards are promoted through the Associated Retirement Community Operators’ consumer code for its members. I stress again: we recognise the concerns that remain in parts of the sector and are considering how we can protect consumers and residents to strengthen that and have a consistent approach.

I mentioned earlier in response to the hon. Member for North Dorset (Simon Hoare) that this was in some sense analogous to the issues that park home residents face. While there is a fit and proper person test in that instance, it is often lacking and not the tightening regulation that people had hoped for. What measures will the Minister bring forward, having learned from those experiences, to ensure that we get proper regulation that has teeth and that will work?

I thank the hon. Member for Didcot and Wantage—

Harrogate and Knaresborough.

Nearly right! My apologies. That is an issue that I will definitely be forwarding. I have taken a note of it and I will forward it to the Housing Minister so that the hon. Gentleman can get a proper response.

When the Minister says managing agents, does she mean management companies, a bit like FirstPort, which provide a lamentable service? One of the retirement buildings in my patch has just been offered the repainting of its windows for £240,000. I think that works out at over £5,000 per flat. This is just for the birds. It is absolutely bonkers. I want to be sure that they will be captured within the legislation that she is proposing.

I can reassure the hon. Lady that FirstPort continues to come up regularly. I had the pleasure, in my former role as Chair of the Select Committee, of scrutinising and questioning the managing director and chief exec of FirstPort, and the hon. Lady will be aware that the Housing Minister has also held important meetings with FirstPort. There are other managing agents that we should not let off the hook, but FirstPort has a large share of properties across the country. The hon. Member for North Dorset mentioned the consultation on section 20, and this is a key issue that the Government have been looking at. The Government consulted on that last year, and my understanding is that they will be setting out the response in due course. Again, this is something that I will push the Housing Minister on, on the hon. Gentleman’s behalf, to ensure we come back to this in a timely manner. I also want to highlight the experiences that other hon. Members have raised on behalf of their constituents. It is important that we continue to share these really valid examples to show why we need to move at pace in regulating this important area. We recognise that the pre-legislative scrutiny report into the Commonhold and Leasehold Reform Bill recommended that a number of measures should be extended to retirement providers, and we will consider that as part of our work. I am happy to say that it was a good Member of Parliament who led on that pre-legislative scrutiny. I am grateful to the many hon. Members who have come to the House this evening to debate this important issue. I thank them for sharing their insights and, most importantly, sharing the lived examples and concerns that many residents continue to face. We continue to see people who are worried, when another bill or letter comes through the door, about what will be demanded from them. We see them worry that, when they do not respond to those letters, they could be issued with court and threatening letters. It is really important that we address this emotional, physical and mental impact; it is not just about the financial impact it is having on vulnerable residents. I want to thank all Members for engaging with this, and I look forward to working with them. I know that the Minister for Housing and Planning will also be engaging further with Members. Question put and agreed to.