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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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London Solicitors Litigation Association—John McElroy

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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’ 
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