Is it time to phase out the ‘feudal’ leasehold system?

As the King’s Speech fast approaches, talk has started surrounding the notion that any new houses built in England and Wales will be sold as freehold properties. The move away from the leasehold system is allegedly part of government reforms. 

Michael Gove, the levelling-up secretary, is meant to be setting these proposed leasehold reforms out in a Leasehold Bill in readiness for the King’s Speech. Alongside the phasing out of the leasehold system for new properties, it is believed the bill will also reform current processes on extending leases as well as giving existing leaseholders more power to manage their building and service charges. It is estimated that there are roughly ten million leaseholders in England and Wales.

There have already been talks this year regarding the ever-increasing ground rents and service charges  coupled with the impact these increasing costs have on those trying to sell their properties, or from those trying to obtain mortgages to purchase the same property.

This development follows further announcements earlier this week aiming to help leaseholders. With the House of Commons supporting reform through the Levelling Up and Regeneration Bill which had its third reading.

The reform aims to better define the term “qualifying lease” under Section 119 of the Building Safety Act, which states that to qualify for remediation a lease must have been granted before 14 February 2022.

 

5 responses

  1. Nothing should be done until guarantees are put in place as to a viable solution that is acceptable to all stakeholders (Solicitors/Conveyancers, Home Owners, Lenders, Freeholders, Management Companies) and the solution leaves no homeowner (new build or existing) in a worse or an advantageous position. The mere discussion about it with no solution is stupid enough as it is causing huge issues with existing leaseholders trying to sell. We all know it needs revision but there has been too much bluster from the Government and the opposition in an attempt to win votes. Either take action or shut up about it.

  2. Agree with Andrew. Nothing is going to move unless the inequalities of the Building Safety Act are addressed together with profiteering by developers, managing agents and the like.

  3. Agree with Andrew. Nothing much is going to change unless the government address the corruption of the construction/building industry and developers profiteering from leasehold and estate service charges.

  4. You are not going to get a solution that everyone is happy with due to the conflict of interests between ground rent landlords and leaseholders. My own preference is that existing ground rents should be frozen with no future increases.
    On a general point . after 30 years of conveyancing my conclusion is that no new high rise residential buildings should be built. Five storeys, such as Glasgow tenements, should be the limit as above that they are dependent on lift access and maintenance is very expensive whatever legal system you have in place.

Want to have your say? Leave a comment

Your email address will not be published. Required fields are marked *

Read more stories

Join over 7,000 conveyancing professionals – Check back daily for all the latest news, views, insights and best practice and sign up to our e-newsletter to receive our daily and weekly round ups

You’ll receive the latest updates, analysis, and best practice straight to your inbox.

Features