header-logo header-logo

Leasehold purchase reforms

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

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
back-to-top-scroll