header-logo header-logo

09 August 2018 / Nick Hopkins , Thomas Nicholls
Issue: 7805 / Categories: Features , Property , Housing
printer mail-detail

Leasehold enfranchisement

nlj_7805_hopkins-nicholls

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

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

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll