header-logo header-logo

08 November 2023
Issue: 8048 / Categories: Legal News , Property , Landlord&tenant
printer mail-detail

Reforms for landlords, renters & homeowners

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll