December 2024
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This conference focused on next steps for leasehold reform in England and Wales.
It came with the Government’s announcement of the draft Leasehold and Commonhold Reform Bill in the King’s Speech, alongside the Housing Minister’s recent announcements, which included:
- a timetable from January for the implementation of the Leasehold and Freehold Reform Act passed by the previous Government
- a commitment that Government would announce in the second half of next year how it intends to ban new leaseholds following a consultation
- the publication of a Commonhold white paper next year
With the Leasehold and Freehold Reform Act coming into law in May, it was a timely opportunity to discuss the way forward for the implementation of policy measures and implications from the upcoming draft Bill.
Following the recent Government announcements it was a timely opportunity to discuss the way forward for the implementation of policy measures and implications from the upcoming draft Bill.
Delegates also discussed the Law Commission’s recommendations which the Government are aiming to enact. They considered priorities relating to leasehold enfranchisement and the Right to Manage, looking at addressing unregulated and unaffordable ground rents, and removing the threat of forfeiture as a means of ensuring compliance with lease agreements.
Stakeholders and policymakers also examined key outstanding issues and priorities, including stakeholder concerns, for implementation of the Act following the passing of the legislation at the end of the last parliament. There was also discussion on implications of proposals in the Renters’ Rights Bill on leasehold reform such as ending Section 21 ‘no-fault’ evictions.
There was a focus on practical challenges in enforcing new provisions, such as the process for lease extensions to 990 years and the ban on new leasehold houses, and ensuring transparency in service charges.
Latest thinking on legal and practical barriers to transitioning from leasehold to commonhold were discussed, looking at the framework for the transition period for phasing out leaseholds, compensation mechanisms for freeholders and the role of local authorities. Delegates looked at options for reform of freehold, including strategies for building upon current legislation.
Taking place following the announcement in the Budget of £1bn investment in the housing sector, aiming to speed up remediation of unsafe housing, improve building safety and support future housebuilding, it was an opportunity to discuss priorities for the sector in the context of wider housing policy.
Further sessions discussed dispute resolution in leasehold law, focusing on preparing for changes and improvements in handling disputes to ensure fair and efficient resolutions.
We are pleased to have been able to include keynote sessions with: Judge Siobhan McGrath, President, First Tier Tribunal (Property Chamber), Courts and Tribunals Judiciary; Prof Nicholas Hopkins, Commissioner, Law Commission of England and Wales; Prof Martin Dixon, Director, Cambridge Centre for Property Law, University of Cambridge; and Rob Stevens, Head of Property Risk, Nationwide Building Society.
All delegates were able to contribute to the output of the conference, which will be shared with parliamentary, ministerial, departmental and regulatory offices, and more widely. This includes the full proceedings and additional articles submitted by delegates. As well as key stakeholders, those that attended include parliamentary pass-holders from the House of Commons and officials from MHCLG; Defra; HMRC; HM Land Registry; GLD; DBT; DESNZ; HMRC; DfT; DfE; and the Welsh Government.
