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Tue 06 Mar 2018

Law Commission consultation on Commonhold - 6 weeks to go to submit your views

Law Commission consultation on Commonhold - 6 weeks to go to submit your views


The Law Commission is seeking views and evidence on the problems (both perceived and actual) with commonhold with a view to making recommendations for reform.

Commonhold is a form of property ownership in which each unit in a building such as a flat is owned freehold, as is the building itself. Differing to leasehold, owners own their ‘unit’ outright, so their ownership doesn’t run out at a point in the future and they don’t have a landlord. There are currently fewer than 20 commonhold developments in England and Wales therefore the Law Commission is launching this call to determine what is stopping commonhold from being a more popular option. The key questions for the Commission are:

-       What are the difficulties in creating or converting to commonhold?

-       What issues make commonhold unpopular in the general property sector?

-       What issues make commonhold unattractive to homeowners?

Property Practice Group Leader Yashmin Mistry comments 'Commonhold in theory has great appeal but the legislation as currently drafted simply does not work. We probably need a completely new act or legislation to be brought into force - amending the current Commonhold legislation is unlikely to be sufficient as there are too many problems to fix which amendments just won't cure. so I am delighted that the Law Commission is looking into the area. The government's recent consultation is indicative that there seems to be real intent this time to bring forward Commonhold in some form or another. Watch this space!'

The consultation paper is available to download and interested parties should respond within the next 6 weeks by 19 April 2018:

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