link to ringley website
  • Home
  • About Us
    About us & leadership Awards Savings for Clients Case Studies Green Management Strategies Market Overview Leasehold Reform Campaign Money Back Guarantee
  • Our Services
    • Asset Management
      • UK Asset Management
      • Project Monitoring
      • ESG Consultancy & Implementation
      • PropTech & Living Sectors Platform
      • Marketing Insights
      • Resident Journey
      • Stabilised Assets
      • UK Build to Rent
      • UK Later Living
      • UK Co-Living
      • UK Student Accommodation
      • UK Single Family Housing
    • Block Management
      • Overview - London
      • Overview - Wales & West
      • Overview - Southwest
      • Right to Manage
      • Freehold Management
      • Resident Management
      • Estates of Houses
      • Ground Rent Collection
      • How to change agent?
      • Block Management Services
      • Can't afford an agent?
      • Legal & Tribunals
      • Top 10 Tips
      • Report an incident
    • Commercial Management
    • Law
      • Overview
      • Meet The Team
      • Recommendations
      • Right to Manage
      • Lease Extensions
      • Freehold Purchase
      • Absentee Freeholder
      • Court Appointed Manager
      • Conveyancing - Wales
      • Conveyancing - England
      • Service Charge/Rent Arrears Recovery
      • Company Secretary
    • Property Valuations
      • Overview
      • Loan Security
      • Company Accounts
      • Lease Extensions
      • Freehold Purchase
      • Rent Reviews
      • Ground Rent Investment
      • Development Valuations
      • Expert Witness & Litigation
      • Tax, Trusts & Accounts Valuations
      • Trading Business
      • Compulsory Purchase
      • Residential Valuations
    • Engineering
      • Overview
      • EWS1 Consultancy
      • Asbestos
      • Contract Administration
      • Fire Assesment
      • Homebuyer Survey
      • Building Survey
      • Schedules
      • Party Wall Matters
      • Principle Designer
      • Disability Access Audits
      • Small Building Works
      • Fire Door Inspection
      • Insurance Valuations
    • Property Accounting
      • Finance
      • Quote For Service Charge Accounts?
      • Property Accounting Law
      • Accounting Updates
      • To Audit or Not?
    • Plant & Facilities Management
      • Plant & Facilities Management
      • Fire Door Inspection APP
      • Fire Safety Update
    • Site Staffing Solutions
      • Ringley Integrated Site Staff Solutions
    • Leasehold Guidance
      • Overview
      • Right to Manage
      • Purchasing The Freehold
      • Court Appointed Manager
      • Absentee Freeholder
  • Insights
    Asset Management Articles Block Management Blogs Publications BTR Rental Market Blogs Customer Insights FAQ - Ask Our Experts Insurance Calculator
  • ESG
  • E-books
  • Get In Touch
  •    
  • Work with us
  •  
  • Portal Login
FCA slammed for lack of action in addressing irregularities in leasehold insurance

Written by: Kate Robinson 21/08/2023
  390       0
Responsive image

 Irregularities in leasehold insurance

In a scathing criticism of the Financial Conduct Authority (FCA), Insurance Business magazine has strongly condemned the regulatory body for its lack of action in addressing leasehold insurance irregularities. The magazine highlighted a recent instance where FCA officials appeared before the Treasury Sub-Committee and provided what many consider being evasive and misleading answers.

Government Treasury Sub-Committee Insurance investigation of FCA

During the committee session, Harriet Baldwin MP, chair of the committee, confronted Sheldon Mills, the FCA's executive director for consumers and competition, about the long-standing issue of inflated commissions in the leasehold insurance market. She questioned why such blatant problems persisted under the FCA's watchful eye, given that the organisation had existed since 2013.

Mills responded by making a rather shocking statement. He indicated that the FCA had only become aware of these concerns shortly before being prompted by Michael Gove to start an investigation.

The response from the FCA left many, including us here at Ringley Chartered Surveyors, who manage thousands of homes, predominantly for leasehold entities such.as Resident Management Companies and Right to Manage Companies, astounded and disheartened. The FCA's stance is unbelievable and untenable There also seems a reluctance or disinterest in taking strong and decisive action to resolve the situation.

Sir Peter Bottomley MP leader of the all party Leasehold Reform movement, said on Insurance Commissions and Leaseholder overcharging

Sir Peter Bottomley MP, a seasoned figure in Parliament, also expressed his frustration at this development to the FCA's apparent neglect of the transparency and fairness of the leasehold insurance charging. He pointed out that experts, regulators, and insurance companies had long been privy to the issue. He described it as a case of profiting at the expense of the masses and demanded swift action.

Insurance commission investigation. What action will the FCA take?

In response to the mounting criticism, the FCA issued a statement outlining its intentions to implement reforms offering leaseholders greater rights and transparency within the multi-occupancy buildings insurance market. These measures include:

  • Mandating insurance firms to prioritise leaseholders' interests.
  • Prohibiting policy recommendations based on commission levels.

The FCA promised to take action against firms that cannot adhere to these rules.

Do freeholders of leasehold blocks of flats have to share with leaseholders the commissions they receive?

Sadly, the simple answer is No. The requirement for freeholders of leasehold blocks of flats to share the commissions they receive can depend on several factors, including the terms outlined in the lease and applicable regulations. Here are a few key points to consider:


1. Disclosure Requirements: The Commonhold and Leasehold Reform Act 2002 do not require freeholders to disclose insurance commissions, nor do any other Act.

2. Reasonable Costs: Freeholders are only entitled to recover reasonable costs incurred in managing the property, including commissions paid to third parties. So, the costs and commissions charged must be considered reasonable and justifiable in relation to the services provided. Consequently, most insurance cases taken to tenancy-agreements-made-easy'>planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal are settled outside tenancy-agreements-made-easy'>planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal, so freeholder overcharging does not become commonplace knowledge.

3. Lease Provisions: The lease agreement itself may contain specific provisions regarding the disclosure of commissions or fees received by the freeholder. In my 30 years of practicing, I have never become across a lease that required the freeholder to share insurance commissions information with the leaseholders.

4. RICS Code of Practice: The Royal Institution of Chartered Surveyors (RICS) has a Code of Practice for residential servicechargesorted.co.uk/blogs/digital-solution-can-improve-the-whole-process-by-making-it-faster-and-more-transparent'>service charges. This code encourages transparency and disclosure of commissions received by the freeholder or managing agent. It advises that all such commissions should be disclosed to leaseholders. Whilst RICS members should observe this Code of practice, there is no such obligation to a freeholder.


5. The Insurance Act 2016: This Act primarily focuses on the law governing insurance contracts and related matters. The Insurance Act 2016 does not specifically address the disclosure of insurance commissions in leasehold properties or freeholders. However, in terms of insurance regulation, such as general insurance and consumer protection, there are requirements for the disclosure of commissions or fees received by insurance intermediaries or brokers. These requirements aim to promote transparency and ensure that consumers are aware of the financial arrangements and potential conflicts of interest. In short, this means that only Managing Agents and Insurance brokers need to declare commissions, not the freeholder of a block of flats.

how much do insurers pay freeholders and Managing Agents as insurance commissions

So, what is the Financial Conduct Authority's (FCA) role in regulating insurance intermediaries and brokers in relation to insurance commissions on blocks of flats?

The Financial Conduct Authority (FCA) regulates insurance intermediaries and brokers in the UK, and they have issued rules and guidance on commission disclosure. The FCA expects insurance intermediaries to disclose any fees, charges, or other benefits they receive that could reasonably be expected to have a material impact on the advice provided or the consumer's decision-making process. So if a block of flats is managed by a Managing Agent and that Agent Places the insurance, insurance commissions should be disclosed in the servicechargesorted.co.uk/blogs/digital-solution-can-improve-the-whole-process-by-making-it-faster-and-more-transparent'>service charge accounts. Commissions on a policy affected by a freeholder would most likely not.

So, where can a leaseholder get redress for unfair insurance premia and commissions?
Leaseholders who have concerns about the disclosure of commissions or other financial matters should consider engaging with their freeholder or managing agent to seek clarification and escalate the matter through appropriate channels, such as the Leasehold Valuation tenancy-agreements-made-easy'>planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal or the First-tier tenancy-agreements-made-easy'>planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal (Property Chamber) in England and Wales.

And, how much do insurers pay freeholders and Managing Agents as insurance commissions?

The recent Treasury Sub-Committee meeting followed the FCA's earlier review, which uncovered commission payments exceeding 80 million to property managing agents and freeholders via insurance brokers between January 2019 and September 2022.

What is Michael Gove and the Levelling Up Agenda doing regarding insurance commissions for blocks of flats?

The FCA identified a lack of evidence supporting fair value where third parties, including freeholders, benefited disproportionately. Michael Gove, Secretary of State for Levelling Up, Housing and Communities, has pledged that a more transparent fee structure will replace this practice of taking commissions.

The 2005 formal FCS investigations into insurance commissions for residential leasehold blocks of flats.....

In a curious twist, the 2005 FSA report noted that organisations like LEASE and the Leasehold Valuation tenancy-agreements-made-easy'>planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal were cognisant of the problem. However, they needed more concrete details or data to substantiate the claims. The Association of Residential Managing Agents, approached by the FSA, also claimed ignorance of abuses within leasehold insurance.

As criticisms mount and scrutiny intensifies, the FCA faces growing pressure to tackle these long-standing issues effectively and take decisive measures to rectify the systemic shortcomings in the leasehold insurance market.



Property Management Block Management
POPULAR POSTS

Solar panels on flats - what you need to know

Is noise getting you down?

Ground Rent: Fines for Landlords Who Charge Ground Rent

High Court: Right to Rent does breach human rights

Landlords beware - Don't believe everything you read!

RECENT POSTS

UK Leasehold Reform: Moving Towards Commonhold Ownership

Government to Introduce Single Construction Regulator by 2028 in Response to Grenfell Inquiry

Real Estate Experts Urge House of Lords to Amend Renters Reform Bill

Real Estate Developers Boost Investment in UK Student Accommodation Sector

Changes to Right to Manage Rules Announced Under Leasehold and Freehold Reform Act 2024



Blogs related:

ASSET MANAGEMENT
Love your pets? Then read the lease...
Earlier this month, the Government took steps to make it easier for renters to find a home where they can keep a pet. But where do long leaseholders stand when it comes to sharing their home with an animal? 

Read


ASSET MANAGEMENT
Industry Updates: The Building Safety Regulator (BSR)
The Building Safety Act 2022 has introduced a significant change in the construction industry by establishing the Building Safety Regulator (BSR). It is a new regulatory body embedded in the Health and Safety Executive (HSE). The main objectives of the Building Safety Regulator include ensuring the safety of people in and around buildings and improving building standards.To achieve these goals, the Building Safety Regulator will undertake the ...

Read


ASSET MANAGEMENT
Deadline For Registration For Offshore Properties Comes To And End Will It Reveal Names Of Shady Investors?
The end game is in sight for beneficial owners of residential and commercial properties who have previously hidden their interests in tax havens, evading taxes and making significant gains. Beneficial owners must now declare their offshore properties to the Register of Overseas Entities. Many of the UK's prime residential properties have long been under suspicion, with experts viewing them skeptically. The registration of overseas ownership ai...

Read


Meet our Expert Property Commentators

Mary-Anne Bowring FTPI FRICS FARLA FCABE Founder/Head of Asset Management

Strategic partnerships, holistic delivery/ opportunities, growth, value engineering, thought leadership

Ian Barber MD BTR Mobilisation & Leasing

Runs HQ & site lease-up teams. Drives rent pricing, mobilisation, marketing, happy residents!

Jon Curtis MRICS Head of Building Engineering

Chartered Building Surveyor. Lectures on EWS1 & building safety. Runs CapEx programmes.

Kate Robinson MTPI MD Blocks/FM Management (London Region)

Master plan setup, ops and staffing and resident engagement. ISO45001 champion.

Lee Harle Partner Ringley Law

Plot conveyancing. Debt litigation. Group Company Secretary.

Anthony Kingdon MIRPM AssocRICS MD Blocks/FM Management (North Region)

Stakeholder engagement. Mixed tenure specialist. Budget management. Plant audit, PPM compliance.

Chris Georgalis MRICS Head of Commercial Valuation

Chartered Valuer. Rental valuations: retail, leisure. IRR modelling and valuations for secured lending. Compulsory purchase & rent reviews

Nichola Pughe MRICS Head of Residential Valuation

Chartered Valuer. Rental development & mixed use valuations, IRR modelling. Leasehold enfranchisement specialist

Natalie Birmingham Helpdesk Support Manager

Trainer & Helpdesk Manager: people, systems,contractors. ISO45001 supply chain accreditation.

Steve Norman Planning Director

Land due diligence (opportunities & constraints) Has contributed to a number of award winning schemes.


inshights shared - link to planetrent blogs

Landlord blog
Read landlord blog
inshights shared - link to ringley blogs

Property blogs
Read property blogs
inshights shared - link to ringley articles

Property articles
Read property articles
inshights shared - link to ringley ebooks

E-books
Read E-books

link to ringley social media facebook link to ringley social media instagram link to ringley social media linkedin link to ringley social media x-twitter
link to ringley social media x-twitter for small device
link to ringley social media linkedin for small device
link to ringley social media instagram for small device
link to ringley social media facebook for small device
  • Ringley Group
  • About us
  • CSR / ESG
  • BusyLiving
  • PlanetRent
  • Talk to us
  • Careers
  • Ask a Question
  • Insights
  • Articles
  • Blogs
  • Subscribe
  • BTR & PRS Buildings
  • What we do
  • Asset Management
  • Block Management
  • Facilities Management
  • Property Law
  • Surveying / Valuation
  • Building Engineering
  • Financial Services
  • Managing Agents
  • Block Management Locations
  • Co-working
  • Renting & Letting
  • Right to Manage
  • Contractor Management
  • Space to Work
  • Fees and Client Money Protections
  • Email: solutions@ringley.co.uk

  • Emergency line 1: 0207 428 2056

  • Emergency line 2: 0207 267 2900

  • Report an incident
  • Our Offices
  • London
  • Ringley House
  • 1 Castle Road
  • London
  • NW1 8PR
  • T: 0207 267 2900
  • London
  • Ringley House
  • 47 Rochester Place
  • London
  • NW1 9JL
  • Manchester
  • 11 Swan Street
  • Northern Quarter
  • Manchester
  • M4 5JJ
  • T: 0330 174 7777
  • Cardiff
  • 122 West Bute Street
  • Cardiff Bay
  • Cardiff
  • CF10 5LJ
  • T: 0330 174 7747
Privacy Policy
Ringley Staff Dashboard
link to ifsm website link to tpi website link to tpos website link to rics website link to ukgbc website link to government security industry authority website link to alep website

All content © copyright 2025. Ringley Limited. All Rights reserved. Ringley Limited, incorporated and registered in England and wales. Registered office: Ringley House, 1 Castle Road, London, NW1 8PR. Company No. 03302438
Terms of use | Privacy Policy | Modern slavery act | COVID-19 risk assessment