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03 March 2025

Government Takes Steps To Abolish Leasehold Flats

Reforms to usher in commonhold ownership promise increased control for homeowners across England and Wales.

The government of England and Wales is set to abolish the leasehold ownership system for new flats, marking what officials describe as the "beginning of the end" for this outdated model. The proposed shift to commonhold ownership is intended to empower homeowners, enabling them to have direct control over their property and alleviate some of the longstanding issues associated with leasehold agreements.

Under the current leasehold system, third-party landlords known as freeholders own the building, leaving leaseholders with only the right to occupy their flats for a certain time period. These leaseholders often face rising costs for ground rent and service charges, with little recourse to challenge the fees imposed on them. A significant percentage of homeowners express frustration over the lack of control they have over their living conditions, leading to the call for systemic reforms.

Housing Minister Matthew Pennycook announced the government’s commitment to phasing out leasehold, particularly for new flats, as part of their latest reforms. “By taking decisive steps to reinvigorate commonhold and make it the default tenure, we will empower homeowners rather than third-party landlords,” he stated. This shift aims to put predatory practices and unreasonable costs at the hands of these landlords to rest.

The changes are detailed in the recently unveiled Commonhold White Paper, which sets out plans for new legal frameworks aimed at facilitating the transition to commonhold ownership. Under this system, residents will have communal ownership of their buildings, allowing them to collectively manage service charges and maintenance costs, rather than relying on landlords to impose decisions.

The government’s vision for commonhold has garnered positive reactions from advocacy groups like the National Leasehold Campaign, whose founder, Katie Kendrick, called the plans "a significant step forward". Kendrick has long pushed for changes to protect current leaseholders from the inequities of the leasehold system. She emphasized the importance of ensuring existing leaseholders are not overlooked during this transition, stating, “While preventing future leasehold abuses is key, it’s also imperative to address the plight of those currently bound by the inequitable leasehold system.”

With around five million leasehold properties across England, of which approximately 70% are flats, the government's move is seen as necessary to modernize home ownership practices. Historical data shows commonhold ownership was introduced back in 2002, but it has yet to gain traction due to flaws within the existing legal framework. Only about 0.01% of the UK housing stock falls under commonhold, whereas commonhold models thrive internationally.

The planned reforms will prohibit the creation of new leasehold flats, with the government emphasizing its determination to make commonhold the primary form of property ownership. It also plans to regulate existing ground rents to ease the financial burden on current leaseholders. The initial change is expected to come with the introduction of the Leasehold and Commonhold Reform Bill, which is set to outline how the proposed ownership structure will work.

This significant shift has stirred mixed reactions. While many leaseholders are hopeful, others voice skepticism about the speed of legislative change and how soon these reforms will genuinely benefit those already ensnared in leasehold agreements. Personal anecdotes reflect the struggles of leaseholders, such as those who reported skyrocketing service charges—one individual noted her service fees increased from £65 monthly to over £200 within just one year, leading her to threaten to sell her home due to financial strain.

Critics of the leasehold system argue it is often plagued with unfair practices, with many leaseholders feeling exploited by landlords who lack accountability. Some campaigners have claimed habitations are effectively “toxic leaseholds,” where rising costs and stagnant property values render homes unsellable. The government's rollback of the leasehold system arrives as renewed hope, albeit with caution about whether the necessary reforms will be applied effectively.

Opposition voices have highlighted the long-standing commitment of previous governments, including claims from Conservative ministers to abolish leasehold, which have not come to fruition. There is apprehension concerning the timeline for these legislative changes and whether they will have real teeth to remedy the struggles currently experienced by leaseholders. The government insisted efficiency is key, promising to advance the commonhold agenda expediently.

Pennycook reinforced the commitment to assist the millions of leaseholders presently grappling with so-called unfair and unreasonable practices by landlords. By removing the control of property management from distant landlords and placing it within community hands, the aim is to create equitable housing solutions, alleviating the frustrations of countless leaseholders.

The commonhold reforms present perhaps one of the most significant shifts to the residential property model seen in decades. The alterations aim not just to eliminate the unhealthy dynamics present under the leasehold system but to create more transparent, homeowner-centric arrangements for the future.

Overall, the transition from leasehold to commonhold poses numerous challenges and opportunities for the housing market, signifying hope for change among current homeowners. The response tracked by industry experts will shed light on the direct impact of these changes, ensuring the measures proposed by the government meet the needs of those they aim to protect.