Leasehold

1 Overview
2 Updates
3 Related articles on Designing Buildings
4 External references

[edit] Overview

The term ‘leasehold’ in property law describes a lease from the freeholder of a property that enables the leaseholder to use the property for a specified period subject to conditions set out in the lease in return for the payment of rent. At the end of the lease, the premises revert to the freeholder. Leaseholders are sometimes referred to as ‘tenants’.

A leasehold is in contrast to:

A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'. Leaseholders are entitled to know the name and address of their freeholder.
A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of the property as an alternative to long leaseholds.

Commercial leases are likely to be shorter than residential leases, which can last as much as 999 years. Leases may be assignable (often subject to the consent of the freeholder), which means they can be sold in the open market. If the leaseholder is permitted to sell the lease, its value will reduce as the remaining duration of the lease reduces.

A leaseholder may be able to purchase the freehold (this process is known as leasehold enfranchisement). This can be either by agreement with the freeholder, or for houses or flats, can be by right. A leaseholder may be able to purchase a freehold by right if they have owned the lease to a house for at least two years, or if they own a flat, they may be able to buy it collectively with other leaseholders (see Shelter, Buying the freehold of a house for more information). Leaseholders of flats and houses may also have the right to extend their lease, but this can be expensive.

Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.

Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlords and any lenders, which may be difficult to achieve.

The lease will set out the rights and responsibilities of the parties in relation to:

Rent.
Service charges.
Insurance.
Rent–free period.
Rent deposit.
Alterations to premises.
Responsibility for maintenance, repairs and reinstatement, in particular in relation to the demised premises and the retained parts.
Right to sublet or assign the lease.
Use of premises.
Security
Dilapidations.
Termination of lease.

See Lease negotiations for more information.

[edit] Updates

[edit] 2024

The Leasehold and Freehold Reform Act 2024 (LAFRA) was enacted on 24 May 2024, the legislation was passed shortly before Parliament was dissolved, following announcement of the General Election. The act is intended to improve the rights of residential long leaseholders in England and Wales, and it also ammends certain aspects of the Building Safety Act 2022 relating to building defect remediation.

At bill stage its long title was decribed as a bill 'to prohibit the grant or assignment of certain new long residential leases of houses, to amend the rights of tenants under long residential leases to acquire the freeholds of their houses, to extend the leases of their houses or flats, and to collectively enfranchise or manage the buildings containing their flats, to give such tenants the right to reduce the rent payable under their leases to a peppercorn, to regulate the relationship between residential landlords and tenants, to regulate residential estate management, to regulate rentcharges and to amend the Building Safety Act 2022 in connection with the remediation of building defects and the insolvency of persons who have repairing obligations relating to certain kinds of buildings.'

[edit] 2023

As of April 2023 the ground rent ban described above also applies to retirement homes. Future measures may include the right for leaseholders to extend leases to 990 years at zero ground rent along with online tools to assist leaseholders in buying freehold rights or extended leases.

[edit] 2022

The Leasehold Reform (ground rent) Act 2022 came into force on 30th June 2022 and impacts ground rent charges for new long residential leasehold properties, effectively preventing them from being charged by freeholders of leasehold properties. The new Act refers to regulated leases, which are residential leases for a house or flat granted after 30th June 2022, for more than 21 years and thus covered by the Act. There will be no requirement to pay ground rent or administrative lease related costs in relation to these regulated leases. There are a number of exceptions under the Act;

Statutory lease extensions
Existing leases
Leases granted pursuant to contracts exchanged before 30 June 2022
Certain financial products such as home finance leases
Community housing leases
Business leases defined by the Act as leases of commercial premises

In the case of informal (non-statutory) lease extensions for existing leaseholders the ground rent is restricted to zero. In the case of statutory lease extensions, the landlord is forced to reduce ground rent to a peppercorn for the lease term. Existing leaseholders not extended their leases could consider enquiring about a deed of variation regarding ground rent. Local authorities can impose fines up to £30,000 per lease, ground rent is required and payment not returned.

[edit] 2021

In Junuary 2021, the government announced reforms ot make it easier and cheaper for leaseholders to buy their homes, with millions of leaseholders given the right to extend their lease by 990 years. The changes will mean that leaseholders who choose to extend their lease will no longer pay any ground rent to the freeholder. Ref https://www.gov.uk/government/news/government-reforms-make-it-easier-and-cheaper-for-leaseholders-to-buy-their-homes

[edit] 2018

In July 2018, Communities Secretary James Brokenshire announced that "unjustified" new leasehold housing will no longer be funded from new government schemes.

Brokenshire said: "We have seen leaseholders in new-build homes facing unexpected costs rising every year that bear no relation to services and that’s not fair. So from now on, any new government funding scheme will contain the condition that the money cannot support the unjustified use of leasehold for new homes.”

A package of measures to shake up the housing market included new proposals for three-year minimum tenancy terms with a six-month break clause, to try and make renting more secure.

[edit] 2017

In July 2017, it was announced that the government intends to ban builders from selling houses as leasehold in England. In addition, ground rents on flats could be cut to zero following long-standing controversy about exploitative contracts which have resulted in thousands of housebuyers being caught by spiralling charges. In extreme cases, this has left some houses being virtually unsaleable.

It will still be permitted to sell flats as leasehold, but ground rents will be restricted to a 'peppercorn' level. It is thought that this will render them of little financial value to speculative buyers. The ban is expected to come into force after an eight-week consultation period.

For more information, see Peppercorn rent.

With regard to existing leaseholders stuck with charges, in some cases rents doubling every 10 years, the Department of Communities and Local Government (DCLG) is expected to consult on what it can do to support them. It is thought this could include tackling unreasonable rises and giving householders more powers to fight unfair charges.

Then-Communities Secretary Sajid Javid said; “Enough is enough. These practices are unjust, unnecessary and need to stop. Our proposed changes will help make sure leasehold works in the best interests of homebuyers now and in the future.” He also described some housebuilders as using ground rent “as an unjustifiable way to print money”.

Sebastian O’Kelly, Leasehold Knowledge Partnership, said; “Leasehold houses are an absolute racket: a means by which developers have managed to turn ordinary people’s homes into long-term investment vehicles for shadowy investors, often based offshore. In short, plc housebuilders have been systematically cheating their own customers.”

(Ref. The Guardian)

[edit] Other meanings of lease

HM Land Registry: 1862 Act Register, glossary, published on 7 November 2014 by HM Land Registry, suggests that the word lease can have a number of meanings:

An old method of conveying land.
A type of estate in land (leasehold).
Another word for a life interest, where life interest is a type of estate in land granted to someone only until they die.