header-logo header-logo

Reforms for landlords, renters & homeowners

08 November 2023
Issue: 8048 / Categories: Legal News , Property , Landlord&tenant
printer mail-detail
Lawyers have given a cautious welcome to the inclusion in the King’s Speech of legislation to help leaseholders, with some warning reform will be complex and difficult while others predict little will change

Setting out the government’s legislative priorities for the next 12 months, King Charles announced a Leasehold and Freehold Bill to ban the creation of new leasehold houses and make it cheaper and easier for more leaseholders to: extend their lease, with a standard term of 990 years and zero ground rent for both houses and flats; buy their freehold; and take over management of their building. The rights will apply to leaseholders in buildings with up to 50% non-residential floorspace (such as flats above shops) and leaseholders will no longer have to wait two years before applying.

A Renters (Reform) Bill will also be introduced, abolishing ‘no-fault evictions’, adding mandatory grounds for possession including that the landlord wishes to sell the property or move a family member in, and providing for eviction within two weeks for a breach of the tenancy agreement or damage to the property. The Bill provides for a Private Rented Sector Ombudsman with binding powers to resolve tenancy disputes.

However, Jeremy Raj, head of residential property at Irwin Mitchell, said none of the proposals ‘deal with the fundamental issues troubling the housing market, such as lack of supply, uncertainty regarding future regulation, unsuitable stock for our environmental ambitions and our population profile, and of course the affordability crisis’. Moreover, Raj said the leasehold bill ‘disappoints those of us who have been hoping for many years now for a co-ordinated and fundamental overhaul of the areas that have let leasehold down as a system of tenure’.

Mark Chick, director of the Association of Leasehold Enfranchisement Practitioners and partner at Bishop & Sewell, said the leasehold bill could be good news or ‘could fuel confusion, cost and controversy’.

Chick said extending leases to 990 years was an ‘easy win’, and highlighted his view that removing leasehold for new flats isn’t possible ‘until the work necessary to make the existing system of commonhold fit for purpose is complete’. 

Issue: 8048 / Categories: Legal News , Property , Landlord&tenant
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll