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03/03/2025
Today heralds the release of the eagerly anticipated Commonhold White Paper, released by the Ministry of Housing. The paper sets out the Government’s intentions for multi-building tenure going forward, with proposals to effectively ban leasehold. This mirrors their sentiments set out in both the King’s Speech in 2024 and the Ministerial Statement on 21 November 2024.The Commonhold White Paper can be found here, with the press release found here.
10/02/2025
The Leasehold and Freehold Reform Act 2024 sets out two major changes to the statutory right to manage regime. Firstly, whereas under current laws, the leaseholders/Right to Manage Company pay the landlord’s costs for dealing with their right to manage application, this obligation will be removed. Landlords will pay their own costs, except in a very small number of circumstances. Secondly, leaseholders who reside in a building with a higher ratio of commercial units may now be able to acquire management, whereas they could not before. Currently, the building cannot have more than 25% non-residential floor space. The new legislation increases this from 25% to 50%. As part of this change, the prescribed Articles of Association have also been updated to reflect voting rights of landlords. These changes will take effect on 03 March 2025. The commencement provisions can be found here, with the new prescribed articles for England found here and for Wales found here.
04/02/2025
We are delighted to announce the first of our webinars designed for leaseholders this year. In November 2024, the Housing Minister, Mr Pennycook MP, confirmed that the Government would commence the right to manage provisions set out in the Leasehold and Freehold Reform Act 2024 in Spring 2025.This will allow many more leaseholders to aquire right to manage and make significant costs changes, in favour of leaseholders.
Our first webinar of the year will be on the topic of right to manage, designed for leaseholders keen to explore right to manage. The session will include a look at the new qualifying criteria, procedure, timeframes, what “management functions” are acquired and common pitfalls, in readiness for introduction in Spring 2025.
The session will be held via Teams on Wednesday 26th February at 6pm. If you would like to join our session, please email advice@commonlease.co.uk. We will then send you a link nearer the time.
We will be running monthly webinars for leaseholders throughout the year. Watch this space for details of our March session!
31/01/2025
The law previously provided that a qualifying leaseholder cannot apply for a statutory lease extension until they have owned their flat for a minimum of two years. In practice, this can often cause problems where the lease approaches two years, or a buyer insists on the seller applying for a lease extension before completing the purchase.
The Leasehold and Freehold Reform Act 2024 includes a clause which removes the requirement to own the flat for two years first. The relevant clause in LFRA commences today, meaning that any qualifying leaseholder no longer has to wait two years before starting a statutory lease extension.
It is, and has always been, possible to apply to the relevant landlord for an informal lease extension. An informal lease extension does not have the constraints of a formal or statutory lease extension, but only works if the relevant landlord agrees to grant a lease extension. In these cases, there has never been a two-year rule, so the changes today will not impact informal arrangements.
The full commencement provision can be found here. The relevant clause in LFRA can be found here.
09/01/2025
The Building Safety Regulator has today released a helpful website dedicated to resident management companies. Building safety can be tricky to manage, and where there is a resident management company, there can be additional consideration. The new website can be found here.
02/01/2025
A Happy New Year from all of us at CLE! This year promises to be fast-paced in the world of leasehold, commonhold and freehold reforms. We have lots of exciting plans, so watch this space!
13/12/2024
We will be closing our office from 4pm on Monday 23 December, re-opening at 10am on Thursday 02 January. If you are an existing client, please contact advice@commonlease.co.uk in the event of an emergency. We thank you for your patience and understanding.
28/11/2024
Following the Ministerial Statement on the Reforms, we are delighted to be working with the National Leasehold Campaign once again to host a webinar for leaseholders. This will be held at 6pm on Monday 02 December. The webinar will update leaseholders on the Ministerial Statement together with next steps. If you are a leaseholder and a member of the NLC, booking information is available on their webpage.
21/11/2024
We have today heard from the Government on the leasehold, freehold and commonhold reforms, for the first time since the King’s Speech. The lengthy statement sets out the Government’s very robust plans to progress not just the existing reforms, but also extending the reforms further to include other matters, such as potential regulation of managing agents and overhauling the major works consultation process. The statement also sets out a timetable and confirms that there will be consultations to come. The full statement can be read here.
05/11/2024
We are hugely excited to welcome Dr Georgina Bensted to our team today. Georgina joins us as a litigation paralegal working with the team in Wales. Georgina has a long career in Welsh politics but has previously trained in law.
31/10/2024
Today heralds the second tranche of clauses to commence in the Leasehold and Freehold Reform Act 2024. Sections 114 (steps relating to remediation of defects), 115 (remediation orders), 116 (remediation contribution orders) and 120 (interpretation of definitions for these provisions) all commence today, and relate to the Building Safety Act. No update yet on commencement of the remainder of LFRA.
15/10/2024
The annual Association for Leasehold Enfranchisement Practitioners conference was today, at which both Mari Knowles and Matt Lewis spoke at. Mari took the delegates through the basics and future of commonhold, with emphasis on key points for enfranchisement lawyers and valuers. Matt reviewed the right of first refusal, in light of the increase in the number of freeholders looking to sell their reversions.
10/10/2024
We are delighted to have appeared on BBC Radio Oxford this morning to discuss the thorny issue of major works. A reader set out various issues with a block of flats and major works, to which we provided responses to live on air. This was a particular problem some, but not uncommon issue.
02/10/2024
The annual Leasehold Management Professionals conference took place today, designed for managing agents. The conference was very well attended and had some interesting content such as building safety and resident-owned or managed buildings.
01/10/2024
We are delighted to welcome Victoria to our team in Wales! Victoria joins the firm as a litigation solicitor, bringing with her a wealth of experience in landlord and tenant disputes in particular. Victoria is also experienced in residential conveyancing. We look forward to working with Victoria!
13/09/2024
This week saw the first reading of the Renters Rights Bill. In addition to bringing welcome relief for tenants who fear “no fault” evictions, the RRB also reintroduces the closing of the “Housing Act ground rent trap” feared by many leaseholders and their conveyancers. The Housing Act trap is a complex ground rent muddle which can make selling difficult in cases where the ground rent exceeds either £250 outside of Greater London or £1,000 inside of Greater London due to repossession rights of the landlord in these cases. Section 30 of the RRB proposes to close this loophole which will no doubt bring welcome relief to those with onerous ground rents and to the conveyancing industry.
30/08/2024
Our team are off on tour this Autumn speaking at various industry events on a range of subject matter. Catch our team here:
10th September Manchester – complex leasehold conveyancing conference
17th September London – complex leasehold conveyancing conference
19th September Bournemouth – property conference
1st October London – enfranchisement conference
2nd October London – Leasehold Management Professionals conference
15th October London – ALEP Annual conference
7th November Bournemouth – Bournemouth Law Society
12th November online – virtual shared ownership conference
Please contact us for booking details for any of these events.
29/08/2024
A News on the Block reader posted a question about difficulties selling a property with onerous ground rents. See our reply to the reader here.
27/08/2024
After a restful week off, we are back up and running for what promises to be a busy Autumn for the firm and for the industry. We will be posting a list of our various speaking engagements coming up in the next few months shortly. We thank you for your patience whilst our team took a well-earned break!
10/08/2024
Our offices will be closed for a week commencing on Monday 19 August and re-opening on Tuesday 27 August. During the week of the office closure, emails and the telephone will not be monitored. In the case of an emergency, please email advice@commonlease.co.uk. Any emails sent to this address that are not urgent will be dealt with when the office re-opens. We thank you for your patience and understanding.
01/08/2024
Matt will be speaking at the Bournemouth Law Society’s annual property law conference this Autumn. Matt will be speaking on the topic of the Leasehold and Freehold Reform Act 2024 and the key points for residential conveyancers together with practical tips. Details of the event can be found here.
17/07/2024
The ink is barely dry on the Leasehold and Freehold Reform Act 2024, and we now have confirmation that the “Leasehold and Commonhold Reform Bill” will be released in draft form at some point in this Parliamentary session. The briefing pack suggests that the bill will include the manifesto-promised ban on the sale of leasehold flats, further ground rent work, forfeiture and full implementation of the Law Commission recommendations on right to manage and enfranchisement. The full briefing note can be found here.
15/07/2024
We are delighted to welcome Karen Muir to our team today. Karen is an excellent transactional paralegal, having worked closely with Mari, Matt and Jeremy on opposite sides of transactions over the years. Karen will be working remotely from her home in Devon and is a very welcome addition to the CLE team!
08/07/2024
After a snap election was called last month, we now have a new Government. The manifesto of the new Government set out clear plans to progress yet more reforms in the commonhold and leasehold space. Read our article written for News on the Block of what might happen next. The full article can be read here.
27/06/2024
The Leasehold Management Professionals hosted two packed events for managing agents this month – one in Brighton and the other in Bournemouth. Both events were very well attended and included speakers from The Property Institute and barristers Rebecca Cattermole and Justin Bates. Mari Knowles also spoke, Following the success of the events, LMP has confirmed that they will be hosting their first event in London this year on 02 October. Watch this space for more information.
