header-logo header-logo

26 April 2024 / Shabnam Ali-Khan
Issue: 8068 / Categories: Opinion , Property , Leasehold , Landlord&tenant
printer mail-detail

Leasehold reform: a move too far?

169194
Government proposals to introduce radical reform in the leaseholder’s favour will have a huge impact on practitioners when acting for landlords, says Shabnam Ali-Khan

The Leasehold and Freehold Reform Bill is currently working its way through Parliament. It is proposing some radical leasehold reforms heavily in the leaseholder’s favour. These include significant changes to the landlord’s ability to recover costs when leaseholders exercise their legal rights to enfranchise or extend their leases for flats and houses. Before we delve into the somewhat complex proposals, it is useful to have an overview of the current position.

Current position

The Leasehold Reform Act 1967 governs the rights of qualifying tenants to acquire the freehold or a 50-year lease extension of their house. Pursuant to s 9 of the 1967 Act, the landlord is entitled to recover their reasonable costs in relation to most aspects of the claim, including investigating the right to acquire or extend, as well as the conveyancing and the valuation costs. The Leasehold Reform Housing and Urban

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll