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Published by the Sovereign Harbour Gazette (SHG) 

Sovereign Harbour North

Sovereign Harbour, Eastbourne, before buying or leasing a property here know vital financial facts

Estate agents and others do not obey legislation requiring full disclosure about expensive covenants unique-in-the-world to this area

Sovereign Harbour SH SH Annual Estate Rentcharge SH Disability Association SH Emails SH Pensioners Concern SH Property Guidelines

By Keith A. Forbes. Disabled he lives with his wife in the harbour and writes, administers and webmasters this website as a member of the UK's The Society of Authors and an activist for the elderly and disabled

 Only on this website, not on any estate agent or council or community websites, is it revealed that purchasers/leaseholders of residential Sovereign Harbour property must pay a unique annual and increasingly expensive flood defence and harbour charge averaging £290 a year in 2019 (£265 a year in 2018) in addition to council taxes, property insurance, management fees and ground rents. In no other flood area or harbour or marina area or private estate anywhere else in Britain, the UK, Europe or the world does this apply. A much wider flood zone area than just Sovereign Harbour is involved, affecting  more than 17,000 homes, yet the Sovereign Harbour Trust, owned by The Wellcome Trust makes only 3,104 Sovereign Harbour residents and their successors pay it, to the Environment Agency, not businesses including managing agents and property developers. As Members of Parliament and Eastbourne Borough and East Sussex County councillors have refused to help right this wrong applicable uniquely and solely to Sovereign Harbour residents, the matter has now been referred to overseas agencies . A second unique covenant  requires owners/leaseholders of 369 South Harbour properties in the water feature precinct to pay a further annual charge of £328 in 2019. It is the only such water feature in the world that applies such a charge to properties overlooking it.

Two most recent pieces of legislation apply

They are the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs). The government took this step to reduce duplicate legislation regulating estate agents and other businesses involved in property sales and lettings. The previous legislation, the Property Misdescriptions Act 1991 (PMA), which had made it a criminal offence for estate agents to make false or misleading statements about properties being offered for sale, was repealed on1 October 2013,

Estate agents and other businesses involved in property sales and lettings should be aware that the 2008 Regulations now offer far more protection to individuals against misleading sales particulars and advertising than was the case earlier.

The CPRs prohibit all traders from using unfair commercial practices in their dealings with individual consumers, and estate agents in particular are prohibited from engaging in commercial practices that are unfair to sellers, buyers, potential sellers or potential buyers of residential property. The BPRs prohibit traders in all sectors, including estate agents, from using misleading practices in their business-to-business advertisements. This includes misleading marketing used to advertise property for sale. While the PMA only covered estate agents, the CPRs and BPRs are much wider in scope covering letting agents and property managers. 

The CPRs prohibit misleading actions that cause or are likely to cause the average consumer to take a transactional decision he or she would not have taken otherwise. A transactional decision is not just whether a consumer decides to purchase a property but also includes such things as to whether to view a property in the first place. A misleading action or omission includes omitting to mention any deeds or covenants or restrictions unique to an area such as those we alone in the UK, Europe and the world have to bear here in Sovereign Harbour. We know beyond any doubt this has caused some consumers, after hearing about the facts from present residents, to neither want to view nor buy or rent or lease any Sovereign Harbour property because of the extra costs and conditions of the Estate Rent charge and other factors that nowhere else imposes.

Although the CPRs and BPRs have now been in force since 2008, some are clearly still unfamiliar to many estate agents and relevant others selling or leasing or renting properties and consumers.  This prompted the Office of Fair Trading to publish guidance specifically for estate agents on the new Regulations on what they need to know in applying descriptions on a property. They have been circulated and can be seen at https://www.businesscompanion.info/en/quick-guides/services/estate-agents-property-descriptions. There is also now a specified Code of Practice for all residential Estate Agents and relevant others. See it at https://www.tradingstandards.uk/media/documents/commercial/codes-of-practice/tpo-sales.pdf

Thus, Estate agents and relevant others selling or leasing or renting properties to consumers need to be particularly careful about how they advertise properties for sale or lettings, and to make sure their particulars on properties are accurate. Describing properties as ‘stunning’, ‘desirable’ or in a ‘quiet area’ now require evidence to back up such statements. 

Estate agents and relevant others selling or leasing or renting properties to consumers particulars that contain misleading omissions are also liable by the new Regulations. Agents who do not wish to be in contravention of the new rules and regulations are now expected to make sure they have all their client vendors or landlords check and sign off on the accuracy of their particulars. Agents should also ensure their staff are trained on making certain their particulars and advertising are compliant with the Regulations.

General disclaimers telling buyers not to rely on details are not effective in preventing offences. 

Estate agents and other businesses involved in property sales and leasing or letting that breach either the CPRs or BPRs risk prosecution by their local authority trading standards services responsible for enforcement by bringing criminal prosecutions. On conviction, agents can face substantial fines or in more serious cases imprisonment.

Properties available

Estate Agents and other businesses involved in Sovereign Harbour property sales and lettings that ignore the above include:

Also see local house and flat prices at  http://www.home.co.uk/guides/house_prices.htm?location=eastbourne.

To comply fully with the 2008 CPRs and BPRs above, Estate Agents, developers and property managers should be stating the following on all Sovereign Harbour properties they market: 

Other factors estate agents and others may want to mention:

http://www.saga.co.uk/magazine/money/property/buying-and-selling/avoid-the-six-sneaky-tricks-estate-agents-might-try 

Martello Tower 64 on Sovereign North Harbour beach

Martello Tower 64. Photo cc Keith and Lois Forbes

Beware of Places with an Estate Rent Charge (like Sovereign Harbour)

So say various law firms and entities below:

Keith also writes

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Written, administered and web-mastered by

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Keith A. Forbes and Lois A Forbes at editor@sovereignharbourgazette.org.uk  
© 2019. Revised: July 10, 2019