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20 June 2025 / Mark Chick
Issue: 8121 / Categories: Features , Profession , Leasehold , Property , Housing , Landlord&tenant
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Leasehold isn’t broken (so why fix it?)

223025
Mark Chick ponders the leasehold v commonhold conundrum, arguing for reform, not replacement
  • Government plans to ban new leasehold flats may not be taking into account challenges that exist with regard to the commonhold system.
  • This article questions the need for a ban, arguing that reform to leasehold could benefit leaseholders and freeholders.

The government is planning to replace leasehold with commonhold, and to take steps to make commonhold the default tenure for new flats within the lifetime of this Parliament. As the first stage in this process, it published its Commonhold White Paper in March. In the white paper, the government said it would consult on the ‘best approach to banning new leasehold flats’.

While I support the proposals to reform the current system, I am also mindful of the challenges that must be overcome to make commonhold succeed for all types of development, and of the fact that leasehold is not the complete failure that some have stated.

There

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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’ 
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