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18 October 2018 / Mark Chick
Issue: 7813 / Categories: Features , Property
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All change in residential leasehold?

Are we moving towards significant reforms in enfranchisement? Mark Chick examines the key points from the Law Commission’s recent consultation paper

The Law Commission’s consultation paper on proposed reforms to enfranchisement legislation, published on 20 September, runs to 564 pages and asks for views on 135 questions relating to the proposed changes, some of which are quite radical. A copy of the consultation, Leasehold home ownership: buying your freehold or extending your lease , which closes on 20 November 2018 can be found here.

The proposed reforms, some of which are outlined below, make sweeping changes to the whole process of enfranchisement and also propose radical reform to the basis of valuation aiming ‘reduce the price’ paid on enfranchisement. There are also suggestions of a fixed or no-costs regime for landlords, and so the proposed changes are therefore in essence political as they seek to reverse the emphasis between landlords and tenants.

The most sweeping suggestion from a technical point of view is the suggestion that there should be a single scheme of enfranchisement rights applying to any residential ‘unit’, be it a flat

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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