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Peverel Ownership Change

Tchenguiz forfeits £220m offshore companies

• Banks have control over web of property interests
• One firm, Peverel faces £2.6m claim for alleged overcharging

  • Simon Bowers
  • guardian.co.uk, Sunday 13 February 2011 19.01 GMT
  • Article history
  • Robert Tchenguiz
    Icelandic bank Kaupthing called in £1.8bn loan to Robert Tchenguiz, above. Photograph Micha Theiner/City AM / Rex FeaturesA complex offshore corporate structure created by Mayfair real estate tycoon Vincent Tchenguiz to hold Britain’s largest property maintenance and residential freeholds business, has been quietly surrendered to lending banks.

    The freeholds and maintenance contracts are spread across the UK and include thousands of McCarthy & Stone retirement home developments as well as several luxury residential complexes on the banks of the Thames such as St George Wharf in Vauxhall, Charter Quay in Kingston-Upon-Thames and Putney Wharf Tower.

    Tchenguiz effectively forfeited shares in a web of holding companies valued at more than £220m two years ago having pledged them, just months earlier, as collateral in an ill-fated attempt to stop Icelandic bank Kaupthing calling in a £1.8bn loan to his brother Robert.

    Despite Vincent’s efforts, the loan to his brother continued to sink into negative equity and was called in as Kaupthing itself collapsed in October 2008. The collateral backing the Tchenguiz loan was later seized by the bank’s liquidators.

    The assets underlying shares surrendered by Vincent Tchenguiz amount to a multibillion-pound property empire. It includes a portfolio of residential freeholds which earns hundreds of thousands in ground rents from tenants and leasehold transfer fees from those who sell.

    Vincent has also effectively lost control of Peverel, a controversial group of companies which offers property maintenance, repairs and other additional services such as CCTV and buildings insurance.

    Accounts filed by UK companies do not make clear that the property tycoon has lost control of holding company shares but the full picture is laid bare in court papers filed as part of a legal claim being brought by trustees to the Tchenguiz Family Trust (TFT) against Kaupthing.

    As reported in Saturday’s Guardian Money, recent years have seen a groundswell of frustration among tenants, variously claiming unreasonable rises in service charges, buildings insurance charges and leasehold transfer fees.

    Some disgruntled tenants claim Peverel companies have also failed to adequately carry out maintenance and repairs. A website, thetruthaboutsolitaire.co.uk, set up by angry tenants, has had almost 160,000 visitors in the last 16 months. Solitaire Property Management is part of Peverel.

    Meanwhile, residents at St George Wharf, a 900-apartment luxury riverside development overlooking Parliament, have for years been in dispute with landlord companies, including Tchenguiz-linked firms, and Peverel group service companies. A claim for £2.6m in alleged overcharging, supported by more than 300 residents, is to go before the leasehold valuation tribunal in May.

    Much anger has been directed at Vincent Tchenguiz as company accounts for relevant UK-registered businesses state that the ultimate controlling party is the TFT, where the property tycoon is an adviser and a beneficiary.

    But court papers from an ongoing case reveal shares in 14 holding companies incorporated in the British Virgin Islands, and a further four UK firms, are under the control of receivers acting for Kaupthing.

    Unfortunately for Kaupthing creditors, however, the shares may not hold the value they appeared to promise three years ago. The vast majority of assets within the complex web of companies are already pledged to other banks – Deutsche Bank, Bank of Scotland (now part of Lloyds Banking Group), Merrill Lynch, BayernLB and Allied Irish Banks (UK) – under pre-existing long-term senior loan agreements.

    Moreover, these agreements contain so-called “change of control” clauses which give these banks the right to call in loans if Tchenguiz fails to keep control of the corporate structure. Receivers from Grant Thornton, appointed by Kaupthing, could therefore officially take control of the underlying businesses at will. They have not technically done so, however, for fear of triggering a chain of defaults which could leave the shares that Kaupthing took as security from Vincent Tchenguiz three years ago valueless.

    According to court papers filed by TFT trustees, Kaupthing’s decision to appoint joint receivers over several companies’ shares has already triggered various events of default. The papers claim Vincent had repeatedly warned Kaupthing liquidators of “the ruinous impact of … the appointment of receivers … on Kaupthing’s security position.”

    The document claims that, while negotiations are still ongoing, “in effect Merrill Lynch have, as a direct result of the events of default, assumed control of the underlying portfolio, [the parent company behind the Peverel group].”

    The bank has converted the loan from a long-term agreement to an overdraft repayable on demand. A 1% additional default rate of interest is being charged, adding pressure on the group to maximise the earnings it can extract from tenants’ service charge contracts.

    Similarly another big loan, arranged by Lloyds and advanced against part of the ground rents empire, has drifted into trouble. Lloyds, the taxpayer-backed bank, is charging a 1.75% additional default interest on the loan. According to court papers filed by TFT trustees, despite ongoing attempts to restructure the Lloyds loan, the bankers “in effect have … assumed control”.

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Tories to give “struggling locals the chance to build own rural homes”

SHAPPS GRANT-1 Grant Shapps, the shadow housing minister is  off to Cornwall today – a Tory/Lib Dem battleground county at the next election where the Lib Dems defend all six seats, most of which are pretty high on the Tory target list.

Mr Shapps will be there to announce a policy seeking to address the problem of local people being priced out of the housing market in rural areas.

According to today’s Daily Telegraph:

Under the Tory plans, local authorities will be asked to set up a register of families who want to join a self-build scheme. The council will then assess how much land needs to be put aside for a self-build community to be set up. Grant Shapps, the shadow housing minister, said he wants to tap into the vast number of people who are now willing to build their own homes.

He said: “Whilst house-building in general has been suffering, the self-build community has been growing. Most people will be surprised to learn that last year the second largest home builder wasn’t one of the big household names, but an army of individuals who call themselves self-builders.

“Across the country they’re creating affordable homes in the very places where young families struggle with sky high house prices. Under the next Conservative Government there will be an unprecedented shift in power back into the hands of local people.“

“We want to see a self-build movement spread across the country and particularly come to the rescue in rural areas. Local authorities will use the assessment of interest in self-build to help kick-start this rural housing revolution.”

This comes on a day when the Housing minister, John Healey, has said that he is not worried about the fact that fewer people are now unable to afford to become home owners. Read about his lecture to the Fabian Society in today’s Independent.

Jonathan Isaby

Original article link

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Tulloch Homes announces new facilities for Milton of Leys

Residents say developer’s original pledges for community services have been greatly watered down

Tulloch Homes announces new facilities for Milton of Leys

By jonny muir Press and Journal

Published: 10/04/2009

Developer Tulloch Homes has revealed plans to build a care home, a church, a primary school and shops on land at Milton of Leys, south of Inverness, which would be the first community facilities in the area.

But residents there have accused the developer of watering down the long-awaited community facilities after it slashed the amount of open space and upped the number of houses.

At present, the nearest school or shop is four miles away, which has made Milton of Leys the butt of jokes as its only existing community facilities are a postbox and a £10,000 “bandstand”.

Despite welcoming Tulloch’s proposals, residents say they are bemused that plans for community facilities mooted a year ago have been scaled down.

A substantial area that was once earmarked for open space with play facilities, including £100,000 of play equipment, has shrunk to a small wedge of land on the site’s periphery, even though it would overlook homes.

It is now envisaged that play facilities and a recreation area will be created within the grounds of the school, prompting concerns that the facilities will not be accessible outwith school hours.

Milton of Leys Residents’ Association chairman Gavin Norton said: “As a growing community of 600 homes, we are thrilled that we are going to get a primary school, but it can’t be at the expense of losing other community facilities.”

Mr Norton said there was also frustration that Tulloch had increased the amount of land allocated for housing on the community site from 1.5acres 12 months ago to 2.5acres now.

Residents learned about the proposals in a letter from Tulloch saying that an application had been submitted to Highland Council seeking permission for a “district centre, including retail, residential, care home, children’s nursery, community facility and primary school”, but it was not until the residents’ association obtained detailed drawings that the full extent of the changes emerged.

Mr Norton said: “Tulloch has done nothing wrong. They have provided all they need to provide. But the first reaction of most people will be: ‘what one earth is going on’?”

Milton of Leys community councillor Barrie Haycock said: “It smacks of Tulloch trying to increase its profit margin by putting as many homes on the plot as possible.”

Inverness Crime Prevention Panel chairman Jim Ferguson said there were signs that antisocial behaviour in Milton of Leys was on the rise, making it vital that community facilities are provided on the estate.

Tullochs were not available for comment.

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Affordable Homes – Beware the Hidden Cost of Management Charges

The benefit of buying in to the “affordable homes” schemes trumpeted by Government, Councils, Developers and Housing Associations is often stated, but the downside of the hidden cost of potentially fast rising management cost fees is never fully explained.

As with Land Management companies, the shock of rapidly rising bills is only discovered long after the happy purchase event.

The failure of consumer protection legislation is once more exampled in this excellent Guardian article written by Miles Brignall.

How soaring charges soured the dream of ‘affordable’ homes

Fighting mad – the shared equity tenants who have suffered more than their share of pain. Miles Brignall hears a salutary tale

m.brignall@guardian.co.uk

shared-equity

Shane Conway and his neighbours have seen service charges rocket. Photograph: Frank Baron/Guardian

If you have been thinking about buying one of those “shared equity” homes that are aimed at struggling first-time buyers, you may reconsider after reading Shane Conway’s story.

Six years ago, the corporate manager was one of seven tenants who bought shared-equity flats in a newly built scheme in Greenford, west London – lured in part by the government-promoted dream of owning his own “affordable home”.

Today these tenants are facing demands for £1,100 per household, on top of the £2,000 a year they pay in service charges, to cover overspending by the housing association that is supposed to look after their interests.

They say the dream of homeownership has turned into a nightmare, and they fear being stuck in flats no one wants to buy. They blame “appalling mismanagement” by Shepherd’s Bush Housing Association (SBHA), which owns and manages 5,000 homes.

Conway’s story is perhaps typical. It started in 2003 when, with his brother, he bought a 75% share in a two-bedroom flat then valued at £185,000.

“It was a brand-new and very smart apartment block being offered through the government’s shared ownership scheme,” says Conway. “We had all saved for our deposits, and this was our first step on the property ladder. The scheme was advertised as a means of affordable housing, and we all agreed a monthly service charge of £90 to pay for the upkeep of the block through the housing association, Bush Homes, which later became Shepherd’s Bush Housing Association.”

Within months of his moving in, it became clear that the building had problems. “The housing association had also put council flat tenants into the block and a minority of them quickly went about vandalising the premises. We endured graffiti, damage to walls and doors, young children running wild and a woman with mental health problems who slashed her arms and bled heavily in the corridors.”

As a result, Conway says, the service charges started rising steadily and within two years hit £160 per month, or almost £2,000 per year.

The residents felt this figure rather made a mockery of the “affordable housing” tag and, distinctly unimpressed with the service they were getting for such high fees, got together to fight the increases. They took Bush Homes to the Leaseholders Valuation Tribunal in 2006, arguing the charges were excessive. The tribunal found in their favour and was critical of the association, saying the higher charges were unjustifiable because Bush Homes could not produce details of, or vouchers for, any repairs carried out.

“The judges also said that the absence of all receipts was ‘suspicious’ and ordered the association to pay each of us a partial refund on the services charges we had paid, and to cap the service charges for a period of one year at £119 a month,” says Conway.

However, as soon as the year ended, SBHA raised its service charges again, this time to £167 per month. The final straw came last October, when SBHA demanded that the tenants pay £1,149 each on top of what they had already paid for 2007-08, because it had overspent for the last financial year. The group, who had bought all of, or part shares in, their affordable homes found themselves paying up to £3,153 year.

“The whole thing is incredible,” says Conway. “I have friends in South Kensington who aren’t paying this much in service charges. We are apparently being asked to pay for the housing association’s incompetence. We are perfectly willing to pay charges that are fair and reasonable, but these are absurd. We have asked them to justify the figures and they won’t. They have treated us with utter disdain. I would advise anyone else thinking of buying a shared equity home to think carefully.”

Fellow resident Allison Clancy says: “The charges have gone crazy at a time we can least afford it. I’ve just gone back to work after maternity leave, and the whole thing has been very stressful. We were supposed to have a meeting with the bodies concerned last week and they didn’t turn up. We’ve asked for information and they’ve ignored us. How can you deal with people who behave like this?”

A spokeswoman for SBHA blamed the big increases on the privately run management company, Ringley, that controls most of the costs associated with the service charge. She said there had been an emergency lift door replacement, and that the association had failed to include water charges.

“We recognise that a request for payments of between £800 and £1,000 for under-recovery of service charges in 2007/08 is unwelcome. We are pursuing Ringley for clarification and proof of the charges, but we have a legal duty to collect it and then refund if necessary,” a statement said. “SBHA arranged a meeting between residents and Ringley on 13 January, but Ringley didn’t attend as planned. SBHA will continue to pursue Ringley.”

It said that the service charge would return to previous levels next year, but offered no explanation as to why many of its charges had risen so much, or why it had not acted sooner to try to reduce the tenants’ costs. Ringley said it was unaware of the planned meeting and that the increase in charges reflects problems with car park gates. “The early service charge levels were based on projected day-to-day running costs. This did not allow for the cost of future major works projects. We have estimated that the external decorations, programmed for 2010, will cost in the order of £65,000. From 2005 we phased in reserve fund collection gradually,” it said. It added that someone in a privately-owned flat in the same block and of similar size to Conway’s is paying a £1,700 service charge this year – substantially less than the £3,153 he is paying for the year.

Conway is unimpressed. “They have been blaming Ringley for five years, and the excuse doesn’t wash any more. My contract is with them, but they have failed us. I would caution anyone thinking of buying a shared equity home to take a long look at the housing association and how it’s managed before signing up.”

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Audit Scotland Auditors to probe Highland Housing Fair payout

Watchdog to assess council input
Press and Journal – Published: 02/04/2008

AUDITORS are to investigate the use of public money to establish the controversial Highland Housing Fair planned for former greenbelt at Balvonie Braes on the south side of Inverness.

The accounting watchdog Audit Scotland has asked the local auditor to assess Highland Council’s contribution to starting up the not-for-profit development company the Highland Housing Alliance (HHA), which is now deemed a private operation despite substantial funding from the public purse to establish an expo at which a fundamentally private housing development will be exhibited.

Prompted by public concern, including that of various Inverness councillors, SNP MSP Dave Thompson wrote to Audit Scotland requesting an investigation into the sale of land by construction giant Tulloch to the HHA.

Audit Scotland has said it is unable to audit the HHA because it is “not within its remit”. But it is able to instigate an audit of the council, which part-funded the project.

Mr Thompson told the Press and Journal: “I support the fair and wish it well, but I am pleased that my concerns over the land transactions have been taken seriously.

“Audit Scotland has contacted the council’s external auditors so that they are aware of our concerns, and they have been asked to establish the background and to assess whether there are any issues arising from the council’s involvement which require further investigation.

“Of course, the auditors will not consider planning-related matters and those issues reportedly under consideration by the Scottish Public Services Ombudsman (SPSO). But I very much look forward to hearing the outcome of their investigations."

A spokeswoman for Audit Scotland said: “An audit of HHA is not within our remit. However, we do audit Highland Council and have an interest in the council’s arrangements for monitoring how its money is used to support other organisations.

“With this in mind, in line with our routine procedures the correspondence has recently been passed to the council’s external auditors and they will seek to establish the background and assess whether there are any issues arising from the council’s involvement which require further investigation.”

She added: “The correspondence that we received refers to planning concerns and to consideration of issues by the SPSO. We have advised Mr Thompson that the auditors will not consider planning related matters and those issues reportedly under consideration by the SPSO.”

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Tulloch Homes Land deal bonanza sparks outrage

TAXPAYERS handed an Inverness building firm a substantial profit when land on the outskirts of the city was sold to the organisers of next year’s Highland Housing Fair.

By Helen Paterson – Inverness Courier -Published: 22 January, 2008

It has emerged that Tulloch Homes purchased around 40 acres of agricultural land at Balvonie Braes for £850,000 and sold it — plus one extra acre — nine months later to the council-funded Highland Housing Alliance (HHA) for £1,350,000.

The developer was registered as the new owner of the land on 16th November 2006, two days after HHA lodged a planning application for the site on the southern edge of Inverness. It was transferred to HHA on 8th August, 2007.

The fair takes place in August 2009 and will showcase the best in housing design, innovation and technology. It has been dogged by controversy and the Scottish Public Service Ombudsman (SPSO) is currently investigating the conduct of Highland Council planning officials after an e-mail obtained by The Inverness Courier suggested they made up their minds about the planning application prior to the start of a public consultation exercise.

Now campaigners are calling for a full investigation.

"The whole affair is a public disgrace with no thought to the affect to the local community and, at the very least, the matter should be the subject of a full public inquiry," said Barrie Haycock, chairman of Planning Watch UK.

"Highland Council has driven a train through their own Local Plan and we have the unacceptable situation that Tulloch Homes has banked £500,000, as a direct consequence of the actions of the various factions involved."

The fair, the first of its kind in the UK, was due to take place in Smithon but the site was judged too small. More than 30 sites were then considered by HHA and developers approached before the site at Balvonie was chosen.

Although the land is designated as "green wedge", there was an indication made by the Reporter at the Inverness Local Plan Public Inquiry in 2004 that this could change in the future.

According to Susan Torrance, the alliance’s chief executive, Tulloch Homes started negotiations with the former land owner Derek Munro more than three years ago.

"I appreciate what it looks like, but it was not a matter of Tulloch making a quick buck," she said. "They had acquired the land and intended to hold onto it as long as it took to get it into the Local Plan. That is why they paid the money they did for it.

"This site was suggested to us by Tulloch very late on."

She said it would have been too risky for HHA to try and buy the land without planning permission, which was a condition of the sale. Developers were also unwilling to sell land zoned for housing, which she claimed would have cost the HHA between £4 million and £6 million.

Planning Watch UK chairman Barrie Haycock at the site of the Highland Housing Fair. Bobby Nelson

The price paid by HHA covers the 40-acre site as well as rights to services and an additional one acre, which will provide access. HHA will also contribute towards a new road linking Milton of Leys with the Inshes area.

"If I hand on heart thought we could have got a better deal for the site, I would have done that," Ms Torrance said. "It was the only option available to us."

A Tulloch spokesman stressed that missives of sale for the land were agreed long before HHA expressed an interest in the site, which the company had viewed as a long-term acquisition.

"Highland Council approached us the following year asking us to sell the site to them and after discussion we agreed to do so to assist them in their initiative," the spokesman explained. "The council simply could not have acquired housing land elsewhere so cheaply. The council received a real bargain and when the fair is complete the value will be several times more than the council paid for it."

But Tory MSP Mary Scanlon, who represents the Highlands and Islands, thinks the profit made by Tulloch Homes was "excessive" given the desperate need for cash elsewhere.

"Given that Highland Council has a debt of over £500 million, the profit within nine months for the housing fair land certainly does seem excessive. The payment for this land will simply add to the current debt, which is a burden on every council tax payer," she said.

The Highland Housing Alliance was set up in 2005 as a not-for-profit organisation to build more affordable and private homes. It is financed by the landbank fund, which is made up of monies from Highland Council and Communities Scotland.

One hundred homes will be built as part of the council-backed project, which will involve a month-long exhibition. It is expected to attract 30,000 visitors.

Timetable of events

14th November 2006: Highland Housing Alliance applies for planning permission for the site at Balvonie Braes.
16th November 2006: Tulloch Homes is registered as the new owner of the land, for which it paid £850,000.
21st November 2006: An e-mail written by Nicola Drummond, a planning department team leader with Highland Council, is sent to Colin MacKenzie, principal planner in the council’s planning and development service, saying the application, although contrary to the Local Plan, would "obviously" be approved.
30th January 2007: Planning permission is granted.
8th August 2007: Highland Housing Alliance is registered as the new owner of the land, having bought it for £1.35 million.

h.paterson@inverness-courier.co.uk

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