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20 June 2025 / Mark Chick
Issue: 8121 / Categories: Features , Profession , Leasehold , Property , Housing , Landlord&tenant
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Leasehold isn’t broken (so why fix it?)

223025
Mark Chick ponders the leasehold v commonhold conundrum, arguing for reform, not replacement
  • Government plans to ban new leasehold flats may not be taking into account challenges that exist with regard to the commonhold system.
  • This article questions the need for a ban, arguing that reform to leasehold could benefit leaseholders and freeholders.

The government is planning to replace leasehold with commonhold, and to take steps to make commonhold the default tenure for new flats within the lifetime of this Parliament. As the first stage in this process, it published its Commonhold White Paper in March. In the white paper, the government said it would consult on the ‘best approach to banning new leasehold flats’.

While I support the proposals to reform the current system, I am also mindful of the challenges that must be overcome to make commonhold succeed for all types of development, and of the fact that leasehold is not the complete failure that some have stated.

There are aspects of leasehold that need to change: there have been

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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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