News RETIREMENT HOMES
TRANSFERFEES“MAY BEUNFAIR”SAYSOFT
TheOfficeofFairTrading has published a report on the findings of its investigation into retirement hometransfer fee terms. With an estimated105,000 leasehold retirement homesintheUKthe issueoftransferfeesissomething that affectsmany peopleeach year as leases are assigned, sold or disposed of. The investigation was set up in 2009 to look into thecontracttermsused in the retirement homessectorand as a result, the OFT has established that someof these termsmay be in breachofthe Unfair Termsin Consumer ContractsRegulations 1999 (UTCCRs).
Transferfee termstypically
establish that apercentageof the sale or original purchase price goes to the developer and/ormanaging agentwhen the property is sold or sub- let. The charge varies but in somecases feesamount to thousands of pounds. The OFT believes that transfer fees should be distinguishedfrom administration charges (which can be challenged at the LVT) as typically they are not paid in return forapproval,provision of informationorother services associated with transferring a lease but are simply payable in the
event of an assignment or other transfer taking place. Thereportsetsout anumber
of generalprinciplesthe OFT would expect all landlords to abidebywhenenforcing transfer fee terms in existing leases. It also recommends that the government considerslegislative reform to address thedifficulties facedbyleaseholders wishingto challenge the reasonableness of such fees. To read thefullreport, go to
http://www.oft.gov.uk/shared_ oft/consumer-enforcement/ retirement-homes/oft1476. pdfDownload
Dangerousdoormats? Notaccordingtothe HSE
H&S COMPLIANCE
SAFETYISSUE Don’tditch your doormat, is the messagetoflat owners fromthe Health and Safety Executive (HSE) in response to a recent newspaper report,allegingthatdoormats in blocks of flats areahealthand safety issue. A recent article in the Leicester
DOORMATS ARENOTA HEALTHAND
RESEARCH
SOUTHAMPTONTIPPEDTOBECOME NEXTRETIREMENTHOTSPOT
Southamptonisexpectedto overtake Bournemouththis year as theUK’smost popular retirement location. The predictioncomes fromspecialist property agentRetirement Homesearch,whichhas just released its sales data for 2012. According to the agent,while Bournemouthisstill thetop sellinglocation forretirees, 30 miles along the coast in Southamptonsales arenow almost on a par with its Dorset rival. If Southampton’s2012 sales growth of 38%is seen
Flat Living Issue 14, Spring
again this year it will overtake BournemouthastheUK’s retirement saleshotspot. Southampton is benefiting from a newwave of retirees heading to bigurban areasonthe southcoast –from Exeter (up143%in2012) to Brighton and Hove (23%). Whilesouth coastcitiesare
proving popular, salesincity locationsacrosstheUKarealso steadily increasingamong the over
55s.The number of properties sold in cities is up 16%, equalto 24%ofRetirementHomesearch’s total 2012 sales.
Commentingonthe figures,
David Gabriel, head of Retirement Homesearch, said “Fiveyears ago smallsouth coasttowns were thetop retirement destinations. Buttoday’sretireeswantaccess to culture, entertainment,shops and decent transport. Places like Southampton and Brighton are big enough to offer all these things in abundancewithout beingtoo big.We’ve seen steady interest in thelargercitiesfrom retirees over the last year, and cities on the south coast are clearly feeling the benefit”.
Mercury reported that council officialshad told tenantsinone of the city’s tower blocks to remove their doormats fromoutside their flats because they were considered to be ahealthand safety hazard.“Peopleinflatsonthe St Peter’sestate, in Leicester,said they were bemusedwhen a city councilofficial knocked on their doorsand issuedthe warning,” the Mercury reported. Apparently, the council,
supportedbythe Fire Service, had decided thatmats should not be placed outside flats, explaining that this would help keep fire escape routes clear and prevent trip hazards. However, theHSE confirmsthatdoormatsare nothing to do with the Health andSafetyatWorkAct,which is thelegislation governingsafety in the common areas of blocks of flats. TheHSE points outthatifflat
owners areunsurewhether or not an issue is health and safety related, they canchallengewhat they have been told by contacting theMythBusters Challenge
Panel at
http://www.hse.gov.uk/ contact/
myth-busting.htm
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