header-logo header-logo

09 January 2020
Issue: 7869 / Categories: Legal News , Property
printer mail-detail

Leasehold purchase reforms

The Law Commission has launched its proposals for reform of leasehold, which it claims could potentially save homeowners millions of pounds

Its report, Reforming valuation in leasehold enfranchisement, published this week, follows a consultation with leaseholders, landlords and investors. It sets out three options to make it cheaper for homeowners to buy their freehold or extend their lease―a process known as enfranchisement. Each option uses a different method to calculate the value of the leasehold and therefore the premium the occupant should pay.

The elements of an enfranchisement premium are the term (value of ground rent over the remaining years of the lease), the reversion (value for the landlord of getting the property back at the end of the lease), the marriage value (extra value gained when landlord’s and leaseholder’s interests are joined) and the hope value (a slice of the marriage value).

The three options for calculating the premium are: term and reversion (marriage value is ignored); term, reversion and hope value; and term, reversion and marriage value.

The Commission also suggests a range of other reforms, including: prescribing the rates used in calculating the price, to eliminate a potential source of argument; helping leaseholders with onerous ground rents by capping the level used to calculate the price; creating an online calculator; and enabling groups of leaseholders collectively enfranchising a block of flats to avoid paying development value unless development has been undertaken.

Professor Nicholas Hopkins, Property Law Commissioner, said: ‘We were asked to provide options for reform that save leaseholders money when buying their freehold or extending their lease, while ensuring that sufficient compensation is paid to landlords. This is what we’ve done.’

Issue: 7869 / Categories: Legal News , Property
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll