header-logo header-logo

09 January 2020
Issue: 7869 / Categories: Legal News , Property
printer mail-detail

Leasehold purchase reforms

The Law Commission has launched its proposals for reform of leasehold, which it claims could potentially save homeowners millions of pounds

Its report, Reforming valuation in leasehold enfranchisement, published this week, follows a consultation with leaseholders, landlords and investors. It sets out three options to make it cheaper for homeowners to buy their freehold or extend their lease―a process known as enfranchisement. Each option uses a different method to calculate the value of the leasehold and therefore the premium the occupant should pay.

The elements of an enfranchisement premium are the term (value of ground rent over the remaining years of the lease), the reversion (value for the landlord of getting the property back at the end of the lease), the marriage value (extra value gained when landlord’s and leaseholder’s interests are joined) and the hope value (a slice of the marriage value).

The three options for calculating the premium are: term and reversion (marriage value is ignored); term, reversion and hope value; and term, reversion and marriage value.

The Commission also suggests a range of other reforms, including: prescribing the rates used in calculating the price, to eliminate a potential source of argument; helping leaseholders with onerous ground rents by capping the level used to calculate the price; creating an online calculator; and enabling groups of leaseholders collectively enfranchising a block of flats to avoid paying development value unless development has been undertaken.

Professor Nicholas Hopkins, Property Law Commissioner, said: ‘We were asked to provide options for reform that save leaseholders money when buying their freehold or extending their lease, while ensuring that sufficient compensation is paid to landlords. This is what we’ve done.’

Issue: 7869 / Categories: Legal News , Property
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll