The leasehold system in England is widely acknowledged as requiring reform, with the existing framework seen as flawed in several respects. The recently enacted 2024 Leasehold and Freehold Reform Act (LAFRA) was introduced as a significant step towards fairer ownership, aiming to reduce premiums for lease extensions and freehold purchases for leases under 80 years, improve transparency in service charges, and expand the scope of buildings qualifying for the Right to Manage (RTM). However, apart from the RTM changes, much of the legislation has yet to come into force and remains subject to potential amendments through secondary legislation and the upcoming Leasehold and Commonhold Reform Bill. This partial implementation has already introduced significant uncertainty into the market, affecting leaseholders, freeholders, developers, lenders, and managing agents. Industry experts caution against further rushed reforms, emphasising the need for clarity and stability rather than speed, especially given the complex landscape that has evolved over many years.
Leasehold remains a mainstream tenure in England, accounting for about 20% of homes nationwide and over half in London, encompassing private apartments, shared ownership schemes, retirement developments, and mixed-use properties. Despite its criticisms, the leasehold system provides vital rights and structures that enable large, multi-occupancy buildings to operate safely and with defined maintenance responsibilities. The enfranchisement process and no-fault rights to manage offer leaseholders legal pathways to influence their ownership. Many professionals argue that while the system requires refinement, it does not necessitate wholesale replacement. The reforms introduced in LAFRA were well-intentioned but hastily implemented, leading to confusion and delays in embedding new regulations. Conveyancers, in particular, find it challenging to advise clients accurately amid unclear secondary legislation, which threatens longer transaction times and greater liability risks.
Commonhold, the government’s proposed alternative tenure to leasehold, presents an attractive concept of collective ownership. Supporters within the legal and property sectors acknowledge its potential but warn it is not yet a viable substitute. Commonhold requires significant legal, financial, and cultural shifts; mortgage lenders remain cautious, developers see limited incentives, and many agents are more experienced with leasehold. Without addressing these barriers, a forced transition to commonhold could hinder housing supply and introduce additional risks. Advocates suggest an evolutionary approach, with commonhold introduced gradually and supported by robust guidance and phased adoption to ensure it complements rather than disrupts the existing system.
Collaboration across government, legal professionals, valuers, lenders, and leaseholders is crucial for meaningful reform. Organisations such as the Association of Leasehold Enfranchisement Practitioners (ALEP) play a pivotal role in translating reform ambitions into workable law. Leasehold reform has often been portrayed as a conflict between leaseholders and freeholders, but this binary framing oversimplifies complex issues and can undermine market confidence. In reality, many leasehold arrangements function well when managed transparently and responsibly. Policymakers are encouraged to target specific problems such as excessive service charges, poor communication, and exploitative lease terms, rather than dismantling entire systems. Promises to abolish leasehold entirely are seen as impractical given the vast number of existing leases and the intricacies involved in transitioning to commonhold on a large scale.
Unintended consequences of incomplete and poorly managed reform are already evident. Media speculation and shifting political narratives have shaken buyer and lender confidence. Valuation uncertainties and ground rent caps are complicating transactions, while the lack of clear plans for commonhold adoption discourages developers from pursuing the model. Conveyancers are on the front line, navigating evolving legislation and advising concerned clients amidst a climate of uncertainty, underscoring the profession’s urgent need for clarity and consistent guidance.
Ultimately, the goals of leasehold reform—to create a simpler, fairer, and more transparent system—are widely shared across the sector. Achieving these aims, however, depends on patient, measured implementation combined with thorough consultation and open dialogue among stakeholders. At a recent ALEP conference, the consensus was clear: progress is needed but must not come at the cost of stability and clarity. Well-executed reform can restore trust, strengthen the housing market, and support government aspirations for growth, but poorly managed change risks long-term disruption and damage. The success of the ongoing reform process hinges less on speed and more on collaborative, careful delivery.
📌 Reference Map:
- Paragraph 1 – [1] (Today’s Conveyancer), [3] (GOV.UK), [4] (GOV.UK)
- Paragraph 2 – [1] (Today’s Conveyancer), [2] (GOV.UK), [5] (GOV.UK)
- Paragraph 3 – [1] (Today’s Conveyancer), [7] (GOV.UK)
- Paragraph 4 – [1] (Today’s Conveyancer), [6] (GOV.UK)
- Paragraph 5 – [1] (Today’s Conveyancer), [2] (GOV.UK), [3] (GOV.UK)
- Paragraph 6 – [1] (Today’s Conveyancer), [3] (GOV.UK), [6] (GOV.UK)
Source: Noah Wire Services
