General

LEASE also advises on park homes. See our service Park Homes Advice for more information. There are sections on:

• Advice guides explaining the law relating to park homes
• Upcoming events
• Training opportunities
• Latest news for the park homes sector

The Law Society is the independent professional body for solicitors.

The Competition and Markets Authority (CMA) is the United Kingdom’s primary competition and consumer authority.

It is a non-ministerial government department in the United Kingdom, responsible for carrying out investigations into mergers, markets, and the regulated industries and enforcing competition and consumer law.

More information you might find useful:

• What is the CMA doing about residential leasehold property?
• What will the CMA’s investigation into the leasehold market cover?
• Will leaseholders who have been mis-sold property be able to provide evidence to the CMA for its investigation into the leasehold market?
• What happens when the CMA has finished its investigation into the leasehold market? 

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The CMA is investigating the residential leasehold market following ongoing concerns about the fairness, clarity, and presentation of some leasehold contract terms, which could lead to people being stung by costly fees over a long period or having to abide by onerous terms.

More information you might find useful:

• Who is the CMA?
• What will the CMA’s investigation into the leasehold market cover?
• Will leaseholders who have been mis-sold property be able to provide evidence to the CMA for its investigation into the leasehold market?
• What happens when the CMA has finished its investigation into the leasehold market? 

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The CMA’s consumer protection law investigation will cover two key areas:

• Potential mis-selling: whether people who have bought a leasehold property are given the information they need to fully understand the obligations they are taking on, for example the requirement to pay ground rent over a certain period of time, or whether they have an accurate understanding of their ability to buy their freehold.

• Potential unfair terms: whether people are having to pay excessive fees due to unfair contract terms. This will include administration, service, and “permission” charges – where homeowners must pay freeholders and managing agents before making home improvements – and ground rents, which in some cases can double every 10 years.

More information you might find useful:

• Who is the CMA?
• What is the CMA doing about residential leasehold property?
• Will leaseholders who have been mis-sold property be able to provide evidence to the CMA for its investigation into the leasehold market?
• What happens when the CMA has finished its investigation into the leasehold market? 
• What is an unfair term?
• What happens when contractual terms are unfair?

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

An unfair term is a term in a consumer contract that causes a significant imbalance in the parties’ rights and obligations under the contract, to the detriment of the consumer.

 Transparency is also fundamental to fairness. The Consumer Rights Act 2015 (the Act) requires that a written term in a consumer contract is expressed in plain language and is legible.

The CMA has produced an unfair terms flowchart that aims to provide an ‘at a glance’ simplified overview of the unfair terms provisions in the relevant part of the Consumer Rights Act 2015.

More guidance on unfair terms is available here

More information you might find useful:

• Who is the CMA?
• What is the CMA doing about residential leasehold property?
• Will leaseholders who have been mis-sold property be able to provide evidence to the CMA for its investigation into the leasehold market?
• What happens when the CMA has finished its investigation into the leasehold market? 
• What is a consumer contract?
• What happens when contractual terms are unfair?

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The Consumer Rights Act 2015 defines a consumer contract as one between a trader and a consumer.

Part 1 of the Act applies to most, but not all, kinds of consumer contracts. Part 2 of the Act applies to all consumer contracts whether written or not.

The Act includes a provision which, in certain circumstances, applies Part 2 of the Act to terms in a ‘secondary’ contract – a separate contract which has an effect on the rights and obligations of the consumer and trader under the main contract – even if it does not in itself meet the criteria of a consumer contract. This is for anti-evasion purposes.

More information you might find useful:

• Who is the CMA?
• What is the CMA doing about residential leasehold property?
• Will leaseholders who have been mis-sold property be able to provide evidence to the CMA for its investigation into the leasehold market?
• What happens when the CMA has finished its investigation into the leasehold market? 
• What is an unfair term?
• What happens when contractual terms are unfair?

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Using unfair contractual terms can have a number of consequences.

For instance:

1. They are not legally binding on the consumer.
2. A business could be asked to stop using and relying on them.
3. A court injunction might be sought.

More information you might find useful:

• Who is the CMA?
• What is the CMA doing about residential leasehold property?
• Will leaseholders who have been mis-sold property be able to provide evidence to the CMA for its investigation into the leasehold market?
• What happens when the CMA has finished its investigation into the leasehold market? 
• What is a consumer contract?
• What is an unfair term?

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.