Main project: Residential leasehold and commonhold
Current project status
The current status of this project is: Analysis of responses.
List of project stages:
- Analysis of responses
- Initiation: Could include discussing scope and terms of reference with lead Government Department
- Pre-consultation: Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project
- Consultation: Likely to include consultation events and paper, making provisional proposals for comment
- Policy development: Will include analysis of consultation responses. Could include further issues papers and consultation on draft Bill
- Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations
We are analysing responses to our Consultation Paper on commonhold reform: “Reinvigorating commonhold: the alternative to leasehold ownership”. We intend to publish our final report in February 2020.
We previously published a Call for Evidence on commonhold on 22 February 2018.
Background documents that are referred to in the Consultation Paper can be found here.
Our commonhold project looks at aspects of the law of commonhold which may be preventing its uptake.
Responses to our Call for Evidence highlighted a number of issues within the current law of commonhold which may be making commonhold unattractive to homeowners and across the wider property sector.
Terms of Reference
Government has asked us to propose reforms to reinvigorate commonhold as a workable alternative to leasehold, for both existing and new homes.
Our full Terms of Reference are available here.
We published our Consultation Paper on commonhold reform: “Reinvigorating commonhold: the alternative to leasehold ownership” in December 2018. In it, we make provisional proposals to make commonhold work for homeowners, developers, mortgage lenders and across the wider property sector.
In particular, the Paper includes proposals which would:
- Enable commonhold to be used for larger, mixed-use developments which accommodate not only residential properties but also shops, restaurants and leisure facilities
- Allow shared ownership leases and other forms of affordable housing to be included within commonhold.
- Make it easier for existing leaseholders to convert to commonhold and gain greater control over their properties
- Improve mortgage lenders’ confidence in commonhold to increase the choice of financing available for home buyers
- Provide homeowners with a greater say in how the costs of running their commonhold are met
- Enable homeowners to end unattractive long-term contracts imposed by developers
Our consultation closed on 10 March 2019. We intend to publish our final report in February 2020.
By email to: firstname.lastname@example.org
Area of law
Property, family and trust law
Professor Nicholas Hopkins