header-logo header-logo

Commonhold could provide a once in a generation opportunity

12 December 2018
Issue: 7821 / Categories: Legal News , Property
printer mail-detail

The burdens of leasehold ownership could be overcome, under radical property reforms proposed by the Law Commission.

Commonhold was introduced in 2002 but fewer than 20 commonhold developments have been built. It is also difficult to convert leasehold premises to commonhold as the consent of everyone with a significant interest in the property is required.

In a paper published this week, Reinvigorating Commonhold, however, the Law Commission suggests ways to make commonhold a more popular way to own property.

Under commonhold, a person can own a freehold flat and at the same time be a member of the company which owns and manages the shared areas and the structure of the building. Leaseholders, on the other hand, pay a service charge set by the landlord and must renew their lease after a certain number of years.

Commonhold’s benefits are that owners own their property outright whereas leases expire and can be costly to renew; there is no landlord and, instead, owners can make decisions about the shared areas together; there is no ground rent; there is no risk of forfeiture; and standard rules would apply, making conveyancing simpler.

The Law Commission proposes: allowing a commonhold development to include commercial as well as residential properties; making it easier to convert from leasehold to commonhold; increasing public confidence in commonhold; and replacing service charges set by a landlord with commonhold contributions approved by a majority of owners.

Professor Nick Hopkins, Law Commissioner, said: ‘Commonhold provides a once in a generation opportunity to rethink how we own property… and offers homeowners an alternative system to leasehold.

The deadline for responses to the consultation is 10 March 2019.

Issue: 7821 / Categories: Legal News , Property
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll