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Leasehold scandal: Millions of homeowners to be freed from ‘rip-off’ ground rents after landmark reforms

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Leasehold scandal: Millions of homeowners to be freed from ‘rip-off’ ground rents after landmark reforms

by Canmore
January 7, 2021
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Leasehold scandal: Millions of homeowners to be freed from ‘rip-off’ ground rents after landmark reforms
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Thousands and thousands of homeowners will have the ability to free themselves from costly ground rents, doubtlessly saving hundreds of kilos, after the federal government introduced what it described as the most important adjustments to property legislation in 40 years.

Leaseholders will have the ability to prolong their leases to 990 years with zero ground rent beneath new laws to be introduced ahead imminently. Prices for extending a lease, which might run into tens of hundreds of kilos, are additionally set to return down beneath the brand new plans.

Freeholders, who technically personal the land and constructing, can improve the quantity of floor lease with out offering any profit to householders. 

Some leaseholders have seen charges double at common intervals, typically rising so excessive they discover it tough to promote their residence, leaving them trapped.

Beneath present guidelines, leaseholders of homes can solely prolong their lease as soon as for 50 years with a floor lease. Leaseholders of flats who can prolong as typically as they need at a zero, or so-called “peppercorn”, floor lease for 90 years.  

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Following the adjustments, each home and flat leaseholders will now have the ability to prolong their lease to a brand new commonplace size of 990 years with a floor lease at zero.  

It comes after The Impartial revealed final month that a number of main housebuilders had slashed floor rents on new flats to zero and elevated the size of leases to 999 years. Leasehold tenure has already been banned on new-build homes and doesn’t exist in any respect in Scotland.

Beneath the brand new laws, floor rents will even be lowered to zero on all new retirement properties.

When householders search to increase their lease, beneath present guidelines the prices might be many hundreds of kilos due to what’s often called the “marriage worth” – the worth in becoming a member of up the freehold and the leasehold. The federal government now plans to scrap the wedding worth, that means prices for extending a lease will probably be lowered.

Nonetheless, the proposals don’t embody a mechanism for compensating leaseholders who consider they’ve been overcharged.

Sebastian O’Kelly, director of the Leasehold Information Partnership, which has campaigned for years to abolish floor rents and reform the leasehold system, hailed the information.

“As soon as floor rents are banned, the complete edifice of rip-off leasehold crumbles,” he stated. “The scene is then set for a much more consumer-oriented reform of the sector.”

“There’s a terracotta military of pros who rely on this not working effectively, and there can be infinite arguments over fag-packet calculations to determine the worth of freeholds or lease extensions. However with floor rents banned this racket has no future, which is an enormous change.”

The Legislation Fee really helpful final yr that leasehold ought to be changed with commonhold tenure on new houses, giving possession and administration of land and buildings collectively to the residents of a shared block.

Commonhold, which is used broadly world wide, was launched within the UK in 2002 however has not been common in England and Wales due to authorized hurdles which have made it burdensome to implement.

The Ministry of Housing, Communities and Native Authorities (MHCLG) stated it could create a “Commonhold Council” to organize for the widespread take-up of commonhold. The council will probably be made up of leasehold teams, business and authorities.

MHCLG promised to individually convey ahead additional laws to implement the Legislation Fee’s remaining suggestions, together with the swap to commonhold, “in the end”.

Mr O’Kelly reiterated his name for a sundown clause that may set a date for the substitute of leasehold with commonhold on all new developments.

He added: “The boomtime property sector is completed. So are its dodgy practices, of which leasehold is on the coronary heart. As for the parasitical speculators in freeholds, the sport is up.”

Professor Nick Hopkins, commissioner for property Legislation on the Legislation Fee stated:  “We’re happy to see authorities taking its first decisive step in direction of the implementation of the Legislation Fee’s suggestions to make enfranchisement cheaper and less complicated.  

“The creation of the Commonhold Council ought to assist to reinvigorate commonhold, making certain householders will have the ability to name their houses their very own.”  

The housing secretary, Robert Jenrick, stated: “Throughout the nation persons are struggling to grasp the dream of proudly owning their very own residence however discover the truth of being a leaseholder far too bureaucratic, burdensome and costly.,”  

“We need to reinforce the safety that residence possession brings by altering without end the best way we personal houses and finish a few of the worst practices confronted by householders.    

“These reforms present equity for 4.5 million leaseholders and chart a course to a brand new system altogether.”  



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