header-logo header-logo

29 July 2020 / Nick Hopkins , Christine Land
Issue: 7897 / Categories: Opinion , Property
printer mail-detail

Leasehold reform: a long time coming

25146
Nick Hopkins & Christine Land outline the Law Commission proposals designed to pave the way to genuine homeownership

Change in the leasehold sector has been a long time coming. On 21 July, the Law Commission published three reports which seek to give leaseholders an interest which they can finally, and confidently, call ‘ownership’.

The case for reform

Dissatisfaction with residential leasehold as a model for homeownership is not new. As far back as 1884, there have been attempts to introduce reforms that will improve the lot of residential leaseholders, and to redress the power imbalance with landlords. 136 years and over 50 bills later, dissatisfaction remains rife. That is because leasehold, on a fundamental level, is an inherently inappropriate means of providing homeownership. It is a system which enables the landlord to benefit from the features of leasehold that cause homeowners the most hardship. As a time-limited interest, the homeowner’s asset ‘wastes away’ and reduces in value over time and, in so doing, increases the value of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll