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Property Section

Law Society responds to consultation on reforming the leasehold system

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  • Consultation

Problems in the leasehold system have needed fixing for a long time. The Law Society has proposed solutions in its response to a government consultation on reforming the leasehold system.

The Ministry of Housing, Communities and Local Government has sought views on how to improve four main areas of leasehold:

  • the ban on the unjustified use of leasehold in new houses
  • the reduction of future ground rents to a nominal value
  • ensuring that the charges that freeholders must pay towards the maintaining communal areas are fairer and more transparent
  • improving how leasehold properties are sold.

The Law Society believe that ground rents should have a simple structure and low rate which is transparent. If the government, as it has announced, chooses to adopt ground rent of a peppercorn, this would:

  • be risk averse in relation to unanticipated outcomes
  • be consistent with existing (and possibly future) enfranchisement legislation
  • help to avoid some of the heavy consequences to which leaseholders can be exposed by failing to pay small amounts of ground rent.  

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