Housing

The origins of residential leasehold reform

The leasehold tenure is almost unique to England and Wales. It has its roots in the feudal system and was until recently heavily weighted in favour of the landlord.

Because of this, it has long been acknowledged that leasehold tenure, whilst satisfactory in general terms, needed reforming.  There have been many attempts to reform the laws surrounding leasehold tenure, but these have been piecemeal and have not always proved satisfactory. That is why the Government introduced the Commonhold and Leasehold Reform Act 2002.

This Act, which is a joint venture between Communities and Local Government (formerly ODPM) and the Ministry of Justice (formerly the Department for Constitutional Affairs / Lord Chancellor's Department), redresses the uneven balance between landlords and leaseholders by improving leaseholders rights and giving them a greater degree of control over the management of their homes. It also introduced a new no-fault Right to Manage for leaseholders of flats in the private sector, giving them more choice in the management of their property, and has eased or simplified many other laws surrounding leaseholders' rights.

It also introduces a new form of tenure. Commonhold is intended to provide an alternative system for the future ownership and management of blocks of flats, and is the responsibility of Her Majesty's Court Service, part of the Ministry of Justice.

Further information on commonhold can be obtained from:

Her Majesty's Court Service
Land Law Team
International and Property Branch
Civil Law and Justice System
4th Floor, Selborne House
54 Victoria Street
London SW1E 6QW

Telephone: 020 7210 1762

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