Michael Gove’s leasehold reforms quietly hit the buffers

Michael Gove’s leasehold reforms quietly hit the buffers

0:02 AM, 26th March 2024, About 8 months ago 4

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The ambitious overhaul of England’s leasehold system looks set to hit the buffers after Treasury officials quietly axed part of the reforms, The Times reports.

The Housing Secretary, Michael Gove, has been pushing for leasehold reform saying leasehold is ‘outdated feudal system that needs to go’.

However, it appears that the Treasury and Number 10 have vetoed crucial aspects of the proposals because pension funds have invested between £15 billion to £40 billion in buying the freehold of apartment blocks.

The new leasehold law would see that investment being hit and, in turn, pensioners being significantly impacted.

Ministers are also worried about the potential impact on the investment of new developments.

‘Pledged to restrict ground rents to a peppercorn’

Harry Scoffin, founder of the anti-leasehold campaign group Free Leaseholders, told the newspaper: “In 2019, 13.9 million people voted for a Conservative manifesto that pledged to restrict ground rents to a peppercorn.

“If these reports are true, Rishi Sunak is stabbing leaseholders and his own voters in the back.

“He is siding with rent-seekers, middlemen and extortionists against homeowners, and betraying a whole generation of young people whose only chance of homeownership is to buy a leasehold flat.”

He added: “Leaseholders are captive consumers and get no benefit from ground rent — those are not my words, but those of the Competition and Markets Authority.”

10 million leaseholders living in England and Wales

There are around 10 million leaseholders living in England and Wales who have the right to live in their homes, but the property or land is owned by a freeholder landlord.

A segment of these leaseholders is burdened by hefty ground rents that either double or rise in accordance with the retail prices index rate of inflation, resulting in annual costs in the thousands.

Mr Gove’s strategy included a bid to lower all ground rents to a zero or ‘peppercorn’ rate.

He anticipated this would motivate landlords to sell the freehold to leaseholders and eventually eliminate the leasehold system.

This provision was meant to be added to the bill following a consultation that concluded in January.

Cap on ground rents for new homes

This move would have surpassed the cap on ground rents for new homes, implemented in 2022, and the 1993 reforms that allowed leaseholders to decrease their ground rent to a peppercorn when extending their lease by 90 years.

But the proposal was discreetly withdrawn after Mr Gove and officials from the Department for Levelling Up, Housing and Communities encountered strong opposition from the Treasury.

There was also a vigorous lobbying campaign by pension funds.

There also appears to be some pushback from Number 10 over the proposals and Mr Gove is now urging the Treasury to accept a compromise, which would cap all ground rents at £250 per year.


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Judith Wordsworth

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11:41 AM, 26th March 2024, About 8 months ago

The biggest obstacle to the end of leases under a single or shared freeholder is surely the insurance companies.

In a block the freeholder has the legal responsibility to insure the building as a whole for the benefit of all leaseholders and their lenders if applicable.

If every flat owner in a block became a freeholder and didn't pay their insurance premium surely ALL flat owners would then find their property uninsured or uninsurable or insurance companies would be squabbling for years as to who had to rebuild from the ground up?

Jack Craven

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14:57 PM, 26th March 2024, About 8 months ago

I don't think thats strictly true, I have a flat in a block and when I bought it several years ago I was told that I had to pay the freeholder for my part of the property insurance, however I then found out that I could insure it myself but would have to pruduce a copy of the policy to the freeholder. By the way I insured it for £91.00 earlier this year and have just recieved a request from the landlords insurance comany for £291.00 ! there are 30 flats in the block.

NewYorkie

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18:30 PM, 26th March 2024, About 8 months ago

Reply to the comment left by Judith Wordsworth at 26/03/2024 - 11:41
How do you think insurance works in a share of freehold block?

Kizzie

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17:38 PM, 27th March 2024, About 8 months ago

Freehold interest has to be held in an incorporated residents management company meaning limited liability registered at Companies House and each flat registered with £1 paid up voting share.
The share of freeholders are joint owners in a bare trust as legal and beneficial owners.
The man. Co. agrees block insurance based on individual leaseholders leases which must be more or less the same.
Leaseholders as freeholders and their mortgage holders ccontribute to the premium to the man. Co. apportioned as for service charge contributions but not treated as service charge payable to the man co acting on behalf of the lessor/landlord held in a section 42 trust account

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