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Q: Could you start by telling us a little bit about your background and how you came to be chief executive of the Leasehold Advisory Service?
A: Certainly. I studied for a degree reading law. On completion of that I joined the Bar in Gray’s Inn – the work I was doing was general common law work such as housing, crime, a tiny bit of family, that sort of thing. I first contacted LEASE with the intention of trying to find a niche in property law, and to get a handle on the issues that were arising with a view to potentially building an avenue for myself at the Bar. But the more I got into it and established an understanding of the subject matter the more interested I became, and out of the blue I was asked if I would like to come and work for LEASE as an advisor. I was only in the very early stages of the Bar and I thought, why not? So 14 years later having worked as an advisor, senior advisor and principal advisor I applied, with others, to become chief executive of LEASE and here I am.
Q: Great, so what do you see as your primary role as head of an organisation such as LEASE?
A: Well at a place like LEASE it’s a combination of things when you’re chief executive. Like in any chief executive role you’re an ambassador for the organisation and obviously you have to look at strategy. Moving forward, finances are an important issue and, of course, people. Also important are the stakeholders in this sector. So it’s a combination of all those things and being able to juggle a lot of things!
Q: Moving forward, what do you foresee as being some of the biggest challenges over the coming months and years for leaseholders in England and Wales?
A: Well for leaseholders, first of all it’s about how we serve them. I’m currently looking at what we do and reviewing how we do it so that we are as effective as possible. We know that going forward there is going to be more housing, as a matter of public policy. We’re an island nation so that means there are going to be a large number of new flats, so combine that with the lack of take up of commonhold, and you’re looking at more and more leasehold flats. Because most of those leasehold flats are going to be used to encourage affordable housing it’s got to mean that there are more people to educate in terms of their property sophistication. So we envisage that there will be more to do, on top of the many issues we already deal with so there are busy times ahead!
Q: You touched upon it briefly there, but what is your opinion on commonhold and why do you think it hasn’t been as popular as many people would have liked?
A: Well I suppose it’s an old story that you’ve heard before. I think that one of the main hurdles is that it is still relatively new, although I suppose with the passage of time it’s becoming less new, but I think primarily it is down to the fact that however many people disparage the leasehold system, they are used to and it’s a case of better the devil you know.
Q: Do you think there is enough awareness of commonhold and do you foresee the situation changing over the coming years?
A: I would have to say that on the whole there is not a great deal of awareness among the leaseholders in general. Moving forward I look forward to consultations that her majesty’s court service are looking to do on commonhold. Those proposals may very well put forward schemes that will assist the take up levels so I think in terms of its tenure and its potential it is the way forward.
Q: What are the most common issues that people come to your organisation seeking advice on?
A: Well statistically it’s lease extension, freehold purchase and service charges. Those are the principal issues that people raise. Until the recent credit crunch properties were changing hands regularly and it was a fairly buoyant market. A typical conveyancing issue when buying or selling a flat is the length of the lease, so that’s the number one issue. Then you move into the purchase of the freehold because that’s being done more and more these days as people are increasingly beginning to see the advantage of having a share of the freehold. Then of course there are the service charges.
Q: Talking of service charges, we are also running a piece this month on Section 20 and whether or not it is serving the purpose it was originally intended to. Do you have an opinion on the subject?
A: Our experience is that it is mixed. Public sector landlords have found some difficulties with it and no doubt the comments they have sent to government about it will feed into future amendments. Leaseholders have also had issues with it, particularly where they are lessee freeholders because I think to an extent it adds an extra level of obligation to what they have to do. On the other hand there are of course the lessees who welcome having more information, so it is rather a mixed bag of opinion. But you also have to remember that being the Leasehold Advisory Service means we don’t get people calling up to say how great things are so we may not necessarily have the broadest picture of the situation.
Q: Another topic of interest is the Sportelli decision that was recently handed down. What was your reaction to the ruling and how do you think it will impact the leasehold sector?
A: We have to remain neutral on this subject, but what I can say is that the courts have made a decision. The Court of Appeal has made a decision regarding hope value that may satisfy the landlords of prime central London. Regarding deferment rates for those outside this exclusive area, it appears there is the possibility for them to produce alternative evidence to financial markets to argue for a higher deferment rate – we will have to wait and see. It seems it is an opportunity, whether or not it will be pursued by valuers in particular remains to be seen.
Q: Finally then, can you tell us a little bit about your interests outside of LEASE?
A: Obviously I enjoy spending time with my family and I must confess I’m a bit of a sports nut as well – although unfortunately these days I’m becoming more and more of an armchair supporter! But yes, I do like sports; I do like watching sports and following my football team Queens Park Rangers – although I wouldn’t exactly call that enjoyable at the moment!®Å½
Anthony Essien – Biography
1990-1991: Bar Vocational Course, Inns of Court School of Law
1991-1994: Practice at the Bar
1994-2000: Legal Adviser at LEASE
2000-2002: Senior Adviser
2002-2007: Principal Adviser
Oct 2007: Chief Executive, LEASE