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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll