Leasehold to Be Abolished for Flats: What the New Legislation Means for Property Owners

Overview of Leasehold Reform for Flats

The UK government has unveiled landmark legislation set to abolish leasehold ownership for new flats across England and Wales.

This sweeping reform will mark a definitive shift toward commonhold as the standard tenure for flats, promising more autonomy, transparency, and fairness for homeowners. This article examines the implications, timelines, and key details of the leasehold abolition.

What Is Leasehold and Why Is It Being Abolished?

Leasehold is a form of property ownership where the buyer owns the flat for a fixed term but not the land it stands on.

Ground rent, restrictive covenants, high service charges, and limited control over shared space management have long been sources of conflict between leaseholders and freeholders.

These issues have led to widespread criticism, classing leasehold as a “feudal” system unfit for modern homeownership.

The Leasehold and Freehold Reform Bill, introduced in 2024, aims to:

Abolish leasehold for new flats

Ban new leasehold houses

Simplify the enfranchisement process

Cap ground rents on existing leases

Key Changes Under the New Legislation

1. New Flats to Be Sold as Commonhold

All new-build flats will be sold as commonhold properties, allowing flat owners to jointly own and manage the building. This eradicates the need for freeholders and managing agents, giving homeowners complete control over maintenance and service charges.

Benefits of Commonhold:

Equal ownership of shared spaces

Transparent service charge allocation

No ground rent or lease renewal costs

Permanent tenure with no expiry

2. Existing Leaseholders Gain Enhanced Rights

The bill introduces significant reforms to enfranchisement and lease extension rights, including:

Standard 990-year lease extensions (up from 90 years)

Zero ground rent on extended leases

Removal of the two-year ownership rule before applying to extend

Right to buy out freeholders collectively at fair market value

3. Ban on Leasehold Houses

Leasehold houses will be banned entirely, aligning with the government’s previous commitments.

Any newly built house must be sold as freehold unless exceptional circumstances apply (e.g., shared ownership schemes).

4. Simplified Right to Manage (RTM)

The bill enhances leaseholders’ ability to take over building management via a streamlined Right to Manage (RTM) process. The following changes are proposed:

Reduced notice periods

Fewer legal barriers

Easier voting and qualification thresholds

5. Ground Rent Cap for Existing Leases

A statutory cap on ground rents for existing leases is under review. While not yet finalized, proposals include:

Capping ground rents to a peppercorn rate (£0)

Mandatory transparency on historic ground rent increases

Rebate schemes for unfairly inflated ground rents

Transition to Commonhold: Implementation Timeline

The reform will be implemented in phases, ensuring developers, managing agents, and leaseholders can adapt. The expected rollout is as follows:

TimelineReform Milestone

Q2 2025 Royal Assent and commencement of legislation

Q3 2025 Ban on leasehold houses takes effect

Q1 2026 All new flats must be sold as commonhold

2026–2027 Enfranchisement and lease extension reforms commence

TBC Ground rent caps implemented via secondary legislation

Responsibilities Under Commonhold Ownership

Unlike leaseholds, commonhold requires flat owners to participate in building upkeep through a Commonhold Association.

Each unit owner becomes a member and co-owner of shared assets, with obligations that include:

Attending AGMs and voting on budgets

Paying service charges based on transparent calculations

Contributing to long-term maintenance planning

This model fosters collective decision-making and removes the conflict of interest often seen in leasehold management.

Who Benefits From the Abolition of Leaseholds?

Homebuyers

No ground rent

Full ownership rights

Ability to sell or remortgage freely

Existing Leaseholders

Access to longer, fairer lease extensions

More affordable enfranchisement

Greater control over service charges

Property Investors

Increased market confidence

More stable ownership structures

The better resale potential of commonhold units

Challenges Ahead: Developer and Lender Adaptation

While the reform is widely welcomed, challenges remain:

Developers must redesign sales and legal models to accommodate common

Mortgage lenders require assurance of commonhold viability

Education campaigns are needed to inform consumers and convey commonhold advantages

Responsibilities Under Commonhold Ownership

Unlike leaseholds, commonhold requires flat owners to participate in building upkeep through a Commonhold Association. Each unit owner becomes a member and co-owner of shared assets, with obligations that include:

Attending AGMs and voting on budgets

Paying service charges based on transparent calculations

Contributing to long-term maintenance planning

This model fosters collective decision-making and removes the conflict of interest often seen in leasehold management.

Who Benefits From the Abolition of Leaseholds?

Homebuyers

No ground rent

Full ownership rights

Ability to sell or remortgage freely

Existing Leaseholders

Access to longer, fairer lease extensions

More affordable enfranchisement

Greater control over service charges

Property Investors

Increased market confidence

More stable ownership structures

The better resale potential of commonhold units

Challenges Ahead: Developer and Lender Adaptation

While the reform is widely welcomed, challenges remain:

Developers must redesign sales and legal models to accommodate common

Mortgage lenders require assurance of commonhold viability

Education campaigns are needed to inform consumers and convey commonhold advantages

Final Thoughts

This reform represents the most radical overhaul of property law in a generation. The abolition of leasehold for flats—and the elevation of commonhold—signals a decisive move toward a more just, modern housing market.

We encourage leaseholders, developers, and legal professionals to prepare for the coming changes, ensuring a smooth transition and long-term benefits for all stakeholders.

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