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Outright ban on new leasehold flats in England and Wales moves closer | |
(about 11 hours later) | |
Leaseholders and some renters currently pay a service charge | Leaseholders and some renters currently pay a service charge |
New leasehold flats in England and Wales are set to be banned under the latest government plans to reform home ownership. | |
Under the current leasehold system, third-party landlords known as freeholders own the building and a leaseholder buys the right to occupy a flat within it for a fixed time period. | |
The government says it wants to move to a system of home ownership that is more in line with the rest of the world, known as commonhold, where homeowners own a share of and have control over buildings they live in. | |
Freeholders say leasehold is the "most effective way of managing large complex apartment buildings". | |
The government has yet to set out specific plans for the conversion of current leasehold properties to commonhold, but says it is "determined" to make this easier. | |
A white paper published on Monday stated the sale of new leasehold flats would be banned and commonhold "reinvigorated" with a new legal framework. | A white paper published on Monday stated the sale of new leasehold flats would be banned and commonhold "reinvigorated" with a new legal framework. |
A draft Leasehold and Commonhold Reform Bill - including the detail of how the new system would work - will be published later this year, the government has said. | A draft Leasehold and Commonhold Reform Bill - including the detail of how the new system would work - will be published later this year, the government has said. |
The new legislation would apply in England and Wales. There are an estimated five million leasehold properties in England, 70% of which are flats. | |
Housing Minister Matthew Pennycook said the reforms would put an end to "unfair practices and unreasonable costs at the hands of landlords". | |
Existing leaseholders can feel like they have no control over costs for repairs and maintenance of the outside of their building. | |
Around 1,000 people contacted the BBC after a BBC investigation about service charges in leasehold blocks last year. | Around 1,000 people contacted the BBC after a BBC investigation about service charges in leasehold blocks last year. |
Kasia Tarker bought a one-bedroom flat in Southall, West London, in 2022. | Kasia Tarker bought a one-bedroom flat in Southall, West London, in 2022. |
Her service charge bills have increased from roughly £65 per month in 2022 to more than £200 per month this year. | Her service charge bills have increased from roughly £65 per month in 2022 to more than £200 per month this year. |
She said she felt helpless and could not afford the charges. | She said she felt helpless and could not afford the charges. |
"I am going have to try and sell the flat or become homeless, I don't know what I am going to do." | "I am going have to try and sell the flat or become homeless, I don't know what I am going to do." |
FirstPort, who took over management of Kasia's development in 2023, said the "increases in areas such as insurance and health and safety costs" were beyond its control. | FirstPort, who took over management of Kasia's development in 2023, said the "increases in areas such as insurance and health and safety costs" were beyond its control. |
Kasia said she would like more control over her service charges but the government's commonhold proposals were for new builds, so would not help her in her current situation. | Kasia said she would like more control over her service charges but the government's commonhold proposals were for new builds, so would not help her in her current situation. |
Flat-owner Kasia Tarka says she doesn't know what to do about a "massive" increase in costs | Flat-owner Kasia Tarka says she doesn't know what to do about a "massive" increase in costs |
Jean Hopkin, another leaseholder who got in touch with the BBC, said the service charge for her three-bedroom flat in Sheffield had increased 356% - from £106 a month to £483 in four years - and was unsellable because of the high charges. | Jean Hopkin, another leaseholder who got in touch with the BBC, said the service charge for her three-bedroom flat in Sheffield had increased 356% - from £106 a month to £483 in four years - and was unsellable because of the high charges. |
Jenny Baker in Southampton is also struggling to find buyers because of "unjustified" service charges that have gone up to £7,200 a year. | Jenny Baker in Southampton is also struggling to find buyers because of "unjustified" service charges that have gone up to £7,200 a year. |
"The state of the apartment block is just terrible. The windows don't get cleaned and there's black mould on the outside of the building - what on earth am I paying for? | "The state of the apartment block is just terrible. The windows don't get cleaned and there's black mould on the outside of the building - what on earth am I paying for? |
"I feel stuck – I can never come out of it. I feel like I have absolutely no control, and it makes me feel really anxious." | "I feel stuck – I can never come out of it. I feel like I have absolutely no control, and it makes me feel really anxious." |
Rendall & Rittner, which manage Jean and Jenny's buildings, said the company did "not profit from or mark up any costs". | Rendall & Rittner, which manage Jean and Jenny's buildings, said the company did "not profit from or mark up any costs". |
According to property company Hamptons, the amount of money leaseholders pay for communal maintenance and services in their building has risen by 11% in England and Wales between 2023 and 2024 to an average of £2,300. | According to property company Hamptons, the amount of money leaseholders pay for communal maintenance and services in their building has risen by 11% in England and Wales between 2023 and 2024 to an average of £2,300. |
Companies responsible for managing buildings have said a rise in costs can be attributed to legitimate expenses including energy prices and higher inflation rates but many leaseholders felt the costs were unfair. | Companies responsible for managing buildings have said a rise in costs can be attributed to legitimate expenses including energy prices and higher inflation rates but many leaseholders felt the costs were unfair. |
Under the current system, it is the freeholder or landlord that appoints a managing agent. Under a commonhold system, residents would have more autonomy over what they pay and who they appoint to do maintenance, the government said. | |
What is the difference between leasehold and commonhold? | What is the difference between leasehold and commonhold? |
A leasehold property reverts to the freeholder after a fixed amount of time. A commonhold property is owned outright, like a freehold house. | A leasehold property reverts to the freeholder after a fixed amount of time. A commonhold property is owned outright, like a freehold house. |
Under commonhold, homeowners have a say on the annual budget for their building. Under the leasehold system, a freeholder or landlord sends a bill to residents for communal costs. The residents will be able to hire and fire a managing agent. | Under commonhold, homeowners have a say on the annual budget for their building. Under the leasehold system, a freeholder or landlord sends a bill to residents for communal costs. The residents will be able to hire and fire a managing agent. |
There is no ground rent charge in a commonhold property. | There is no ground rent charge in a commonhold property. |
Forfeiture is not possible under commonhold, meaning a resident cannot be threatened with losing their home. | Forfeiture is not possible under commonhold, meaning a resident cannot be threatened with losing their home. |
Natalie Chambers, director of the Residential Freehold Association (RFA), said the measures "should not be seen as a trade-off between leasehold and commonhold". | Natalie Chambers, director of the Residential Freehold Association (RFA), said the measures "should not be seen as a trade-off between leasehold and commonhold". |
"Millions of leaseholders across the country are perfectly content with the tenure and we firmly believe that leasehold is the most effective way of managing large complex apartment building." | "Millions of leaseholders across the country are perfectly content with the tenure and we firmly believe that leasehold is the most effective way of managing large complex apartment building." |
She added that a commonhold system would mean "residents would face greater financial and legal responsibilities for block maintenance and management". | She added that a commonhold system would mean "residents would face greater financial and legal responsibilities for block maintenance and management". |
'Significant step' | 'Significant step' |
The National Leasehold Campaign (NLC) said it was "delighted" about the announcement and called today's white paper is a significant step forward. | The National Leasehold Campaign (NLC) said it was "delighted" about the announcement and called today's white paper is a significant step forward. |
But NLC founder Katie Kendrick said it was "paramount" that those currently living in leasehold buildings were not forgotten. | But NLC founder Katie Kendrick said it was "paramount" that those currently living in leasehold buildings were not forgotten. |
She said: "While focusing on preventing future leasehold abuses is crucial, it's equally vital to address the plight of existing leaseholders currently bound by the inequitable leasehold system. | She said: "While focusing on preventing future leasehold abuses is crucial, it's equally vital to address the plight of existing leaseholders currently bound by the inequitable leasehold system. |
"Commonhold conversion mechanisms are essential to offer an escape route for those trapped." | "Commonhold conversion mechanisms are essential to offer an escape route for those trapped." |
Mr Pennycook said the government would "continue to implement reforms to help millions of leaseholders who are currently suffering". | Mr Pennycook said the government would "continue to implement reforms to help millions of leaseholders who are currently suffering". |
In 2023, Conservative housing secretary Michael Gove expressed a desire to abolish the leasehold system entirely, but later opted for reforms instead. | |
Several of these reforms have now been implemented, including the end of a "two-year" rule on extending a lease, and new rules on the right-to-manage properties in a mixed-use building. | |
Additional reporting by Jade Thompson | Additional reporting by Jade Thompson |