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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

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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