Government aims to make it easier for leaseholders to own their buildings

Leaseholders could find it easier and cheaper to buy the freehold of their building under radical government proposals to create a fairer housing system..

As part of a consultation opening today (11 January 2022), Homeowners and the housing industry are being invited to give their views on proposals from the Department for Levelling Up, Housing and Communities to allow more leaseholders in mixed-use buildings to take control and ownership of their building.

The consultation follows the housing Secretary Michael Gove announcing government plans for a ‘bold new plan’ to protect leaseholders this week.

The government hopes that thousands of future leaseholders are already set to benefit from the first of the government’s reforms to the leasehold system, expected to take effect later this year, that puts an end to ground rents for most new residential leases and lease extensions.

Leasehold minister, Lord Stephen Greenhalgh, said: “The current leasehold system is outdated, unbalanced and broken and we are determined to fix it.

“Our proposals aim to rebalance power and should see more leaseholders than ever before owning the full rights to their homes.

“This comes on top of our new approach building safety, which includes decisive action to protect leaseholders.”

The consultation, running for six weeks until 22 February 2022, seeks views on proposals to give more leaseholders the ability to manage or own their properties – in buildings where there is a mixture of homes and other non-residential facilities, such as shops and restaurants.

Under the current system, only some residential leaseholders in England and Wales can choose to buy their building outright through enfranchisement – or take over the management of their building, in what is known as a ‘right to manage’.

If shops and other similar properties take up over 25% of the total floorspace, then leaseholders cannot collectively bid to take control of their building.

New proposals could give these leaseholders the right to manage or buy their building outright, by increasing this limit to 50%, enabling them to have more control over how shared facilities are run and have the final say on building maintenance costs.

Other proposals in the consultation aim to make it cheaper for leaseholders to collectively buy their freehold. A ‘mandatory leaseback’ would require landlords to keep a lease on some properties in the building. This means reducing the cost of a collective buyout of their building – making it a reality for thousands more leaseholders.

Leaseholders may also see the cost of enfranchisement reduce further with future government proposals, announced last year, such as abolishing ‘marriage value’ and the introduction of an online calculator with prescribed calculation rates.

Julie James, Welsh minister for climate change, said: “I welcome this consultation as an important step towards implementing the Law Commission’s recommendations on leasehold reform, which were jointly commissioned by the Welsh and UK governments. I want us to work together on these important reforms to ensure they reflect the best interests of leaseholders in Wales.”

The government is also calling for views on changes to support greater use of commonhold, as an alternative form of homeownership to leasehold – including for those in Shared Ownership schemes in England.

 

New consultation on reforming leasehold and commonhold systems launched

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One Comment

  1. jeremy1960

    Making leasehold simpler for new properties should be straightforward but what really needs dealing with are existing leaseholds. The time and money wasted with the current process needs abolishing. What we need is a simple calculator that both sides have to use and a prescribed time frame. Leaseholder wants to buy, freeholder must agree within 28 days to get calculated value, if freeholder fails to respond within that time then the process must be able to proceed to completion with freeholder in default. We have seen the process fail after 6 months of trying to negotiate because freeholder just didn’t respond.

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