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09 August 2018 / Nick Hopkins , Thomas Nicholls
Issue: 7805 / Categories: Features , Property , Housing
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Leasehold enfranchisement

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Professor Nick Hopkins & Thomas Nicholls outline the Law Commission’s radical plans for leasehold houses & enfranchisement law

  • An overview of the Law Commission’s Leasehold enfranchisement paper, and the reforms it proposes in order to provide a better deal for leaseholders and simplify the enfranchisement regime.

On 19 July 2018, the Law Commission published the Leasehold enfranchisement: A summary of proposed solutions for leaseholders of houses paper. It outlines provisional solutions for reform of enfranchisement law relating specifically to houses. These suggestions will be fully developed in a full Consultation Paper in September, which will address enfranchisement of both houses and flats.

Leasehold houses are not a new phenomenon, but have become more common in recent years—there are now 1.4m, according to the government. But why are houses sold on a leasehold basis at all?

The justification for selling flats on a leasehold basis is apparent: leasehold facilitates the management of blocks despite positive covenants not running with land.

That is less readily applicable to houses, except to enforce positive covenants on an

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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