Regulation & Policy

Homeowners are now set to gain unprecedented rights, power, and protections over their residences, thanks to the Leasehold and Freehold Reform Act, which has officially become law today.
This landmark legislation simplifies and reduces the cost for leaseholders looking to acquire their freehold. It extends standard lease terms to an impressive 990 years for both houses and flats and enhances transparency surrounding service charges. Additionally, it dismantles the obstacles leaseholders face when contesting their landlords' unreasonable charges at Tribunal.
Notably, the Act outright bans the sale of new leasehold houses, save for a few exceptional cases. It also puts an end to exorbitant buildings insurance commissions for freeholders and managing agents. Another key reform is the removal of the stipulation that new leaseholders must own their property for two years before they can extend their lease or purchase the freehold.
In a bid to level the playing field, the new powers extend the same rights of redress and transparency over estate charges to freehold homeowners on private and mixed tenure estates, akin to those enjoyed by leaseholders. Moreover, the Act empowers more leaseholders to assume control over the management of their properties if they choose to do so.
Previously, leaseholders in certain buildings were restricted from managing the site or buying its freehold if more than 25% of the floor space was commercial – for example, ground-floor shops or offices. This cap is now raised to 50%, thereby enabling a greater number of homeowners to exercise their Right to Manage or the right to collective enfranchisement.
The Act, having received Royal Assent, fortifies and introduces new consumer rights for homeowners, making it more affordable and simpler for individuals to extend their leases or purchase their freeholds. As a result, leaseholders will spend less while gaining more security in their homes. The standard lease extension term has been significantly increased to 990 years for both houses and flats, eliminating the future burden and expense of further lease extensions.
Transparency regarding service charges is also set to improve, as the Act mandates that freeholders or managing agents issue bills in a standardized format, making them easier to scrutinize and contest.
For leaseholders wishing to manage their buildings, the Act facilitates this process by allowing them to appoint a managing agent of their choice. It also makes enfranchisement more affordable by eliminating the requirement for leaseholders to cover their freeholders' costs when making a claim, and it broadens access to redress schemes for challenging poor practices.
Freeholders who directly manage their buildings are now required to belong to a redress scheme, providing leaseholders with a necessary channel for grievances – a requirement already in place for managing agents.
The process of buying or selling a leasehold property is set to become more efficient, as the Act imposes a maximum time limit and fee for the provision of home buying and selling information.
Homeowners on private and mixed tenure estates will benefit from comprehensive rights of redress, gaining more transparency regarding the charges they incur and the ability to contest their reasonableness.
Furthermore, leaseholders will no longer be deterred by the obligation to pay their freeholders' legal costs when disputing unfair practices, a significant deterrent under the current system.
Opaque and excessive buildings insurance commissions are now banned, replaced with transparent and equitable handling fees.
Lastly, the Act prohibits the sale of new leasehold houses, ensuring that, barring exceptional cases, every new house in England and Wales will be freehold from the outset.
The requirement for new leaseholders to have owned their property for two years before extending their lease or purchasing the freehold is also abolished, streamlining the process for new homeowners.