We Know you are all tired of completing consultation after consultation but PLEASE do not stop. We need to keep going.
Helping leaseholders take control over the running of their buildings.
The Law Commission are conducting a public consultation on reform of the right to manage: “Leasehold home ownership: exercising the right to manage”.
The consultation period is open until 30 April 2019.
They want to hear from everyone with views on the law and process of RTM – leaseholders, landlords, campaigners, property developers, industry bodies, professionals and academics.
The Consultation Paper is lengthy and technical. Please don’t be put off by this. You do not need to answer every question.
If you are only interested in one part of our consultation, or even if you wish to answer only one question, you can respond to just that part or question.You do not need to complete all of your answers in one go.
You can save and return to the form at any time.The Law Comission have provided guidance and explanations on their website. Please take the time to read them.
Comments may be sent using the online form, accessible here. Where possible, it would be helpful if this form was used.
Alternatively, comments may be sent:
By email to firstname.lastname@example.org.
By post to Right to Manage Team, Law Commission, 1st Floor, Tower, 52 Queen’s Anne Gate, London, SW1H 9AG.
(If you send your comments by post, it would be helpful if, whenever possible, you could also send them electronically.)
There is also a short survey leaseholders can complete.
SHORT SURVEY:They have produced a short survey for leaseholders and directors of RTM companies to complete, to tell us about their experiences of the RTM.You can access it here.
PLEASE SUPPORT EACHOTHER IN TRYING TO DETANGLE OURSELVES FROM THIS LEASEHOLD WEB.
“Together we can do this. This campaign has galvanised leaseholders. We have achieved so much already BUT we still have a long way to go. Stay positive & stay focussed. Real change is coming if we stick together”
“Reflects a serious cross market failure of oversight of sales practices”
NLC STATEMENT TO THE REPORT
The Housing, Communities and Local Government Committee report into leasehold reform is a damning indictment of the leasehold scandal that has turned the dream of so many homeowners into a living nightmare. We hope that Government will act swiftly on the many recommendations the Committee have put forward, particularly an investigation into mis-selling by the Competition and Markets Authority (CMA) and the many legislative changes recommended to protect consumers.
We at the National Leasehold Campaign are hugely proud of the significant contribution that we have made to highlight the multitude of leasehold abuses and mobilise leaseholders to work together to raise awareness and bring about much needed reform. The National Leasehold Campaign will continue to campaign for the abolition of leasehold in England and Wales and we will be watching the Government’s response to this independent committee’s report closely to ensure that this scandal is resolved and the millions trapped by these feudal laws get the fair treatment and redress they deserve.
Katie Kendrick, Cath Williams & Jo Darbyshire
Please do take the time to read the full report.
Many will want to know if this report helps existing leaseholders :
It would be legally possible for the Government to introduce legislation to remove onerous ground rents in existing leases.
Existing ground rents should be limited to 0.1% of the present value of a property, up to a maximum of £250 per year. They should not increase above £250 over time, by RPI or any other mechanism.
Introduce legislation to restrict onerous permission fees in existingleases.
Where leaseholders have paid unreasonable permission fees or ground rents over the course of their leases so far, they should have those refunded by freeholders with interest. In such circumstances the government should establish a clear and easily accessible route to compensation for affected leaseholders
Other recommendations include:
Introduce low-interest loans—a Help to Buy scheme for leaseholders—so that leaseholders who want to enfranchise or extend their leases, but cannot afford to or obtain the necessary finance, have the opportunity to do so.
Invite, and fund, the Law Commission to conduct a more comprehensive review of leasehold legislation.
Ensure that commonhold becomes the primary model of ownership of flats in England and Wales, as it is in many other countries.
CMA to investigate mis-selling in the leasehold sector and make recommendations for appropriate compensation.
More appropriate to refer to this tenure as ‘Lease-rental’.
Alternative the government should establish a compensation scheme for the mis-sale of onerous ground rents, funded by the relevant developers and the purchasers’ solicitors.
We would like to thank each and everyone one of you for your continued support. We got this Select Committee Inquiry because leaseholders galvanised together. It is a true illustration of People Power at its best. This is not the end of our fight, this really is a David V’s Goliath Battle. But it is a battle we will win. The momentum is there, it is up to leaseholders nationally to ensure we continue to keep the pressure on and make as much noise as possible. WHAT CAN YOU DO NOW….
We would like everyone to contact your local MP with a copy of the report. Ask them to continue to raise this in the Chamber. Ask them to write to James Brokenshire supporting the Select Committees recommendations. We need these recommendations to be actioned. Words are not enough, we need Action.
NLC launched a new leaflet to raise awarness. The support from around the England & Wales has been phenomenal. We have posted over 30k leaflets to campaigners who are eager and keen to mobilise and raise awareness.
NLC LEAFLET SIDE 1
NLC LEAFLET SIDE 2
Leaflets have been spotted all around the UK.
If you have spotted any leaflets or would like us to send you some leaflets please email :
Abolish Leasehold Petition has smashed through 20k today.
Katie Kendrick, who created the National Leasehold Campaign launched this petition on 1st February 2019.
Katie states “This petition is an excellent illustration of people uniting together to send one clear message. Leasehold has to go. Leasehold needs to be Abolished NOT polished. This week the Law Commissions Consultation on Commonhold Closed and I’m hoping the strong message to make Commonhold Mandatory was echoed within the submissions. We want to be able to own our homes. We understand that comes with responsibility too but it’s our responsibility to have in our own homes not a 3rd party investor”
The success of the National Leasehold Campaign is PEOPLE POWER & SOLIDARITY.
Leaseholders have been abused and will continue to be abused unless ALL leaseholders unite together to have their voices heard.
The message we want to get across is irrespective of if you are a leaseholder of a flat or a house we are all victims of this horrific feudal outdated & abusive system. Commonhold is a viable alternative and should be mandatory.
We appreciate the consultation is difficult to understand. EVERYONE can complete it by filling in their personal details and going straight to Additional Comments at the end of the consultation if you don’t feel able to answer any of the technical questions. The final comments box says “If you have any further comments on issues raised in our Consultation Paper, please share them with us”
This is your opportunity to say that Commonhold should be mandatory moving forward. Explain your situation to them. You may want to identify here that if Commonhold was an option when you purchased your property you would of chosen this option. Because it wasn’t you are now left in this awful position. REALLY HELPFUL SUMMARY CAN BE FOUND HERE
Commonhold is an alternative form of property ownership which allows homeowners to own the freehold of their flats. The Law Commissions commonhold project looks at aspects of the law of commonhold which may be preventing its uptake.
You do not need to answer all the questions if they are only interested in some aspects of the consultation.
We have highlight some important questions to answer are Q1 Q93, Q94, Q105 Q1 Consultation Question 1 (para 3.31):
In order to protect freeholders, we provisionally propose that it should only be possible to convert to commonhold if either:
* the freeholder consents; or
* the leaseholders satisfy the qualifying criteria for collective enfranchisement, and acquire the freehold as part of the process of converting to commonhold.
You may want to say that keeping the 25% rule on non-residential premises is wrong. Mixed use schemes are common in the city centres. This would exclude so many leaseholders from moving to a better system. Q94 Consultation Question 94 (para 16.9):
What advantages do you think commonhold could offer over leasehold?
Consultation Question 105 (para 16.43):
Which of the following statements best reflects your views on the provisional proposals in this Consultation Paper?
If these proposals are adopted, then developers will be willing to use commonhold for a substantial number of developments.
Even if these proposals are adopted, developers will not be willing to use commonhold unless Government introduces financial incentives for them to do so, either directly by offering financial incentives for the developers, or indirectly, by offering incentives for purchasers of commonhold units.
Even if these proposals are adopted, and financial incentives are given, developers will not use commonhold for developments unless they are prohibited from selling flats on a leasehold basis and they are thus forced to use commonhold.
Leasehold Knowledge Partnership have provided some excellent video guidance on completing the consultation.
We would like to see the list of “ethical builders” grow.
“I’ve been a leaseholder and seen the problems that the outdated leasehold system causes. We’re building a commonhold development because we want to give our buyers real ownership and real control of their homes – not just a right to live there which is controlled by someone else. We’re selling homes, not leases.” Stewart Moxon, Hopton Build (Yorkshire) Limited Leeds
How is commonhold different from leasehold?
Commonhold provides an opportunity to think afresh and provide a specifically-designed democratic system for managing buildings. Commonhold contains bespoke provisions which cover every aspect of management. For example, leasehold owners pay a service charge set by their landlord towards the cost of managing and maintaining the building. Service charges are based on the assumption that the landlord of the building is an external party. In commonhold, however, there is no external landlord. Shared services are funded through commonhold contributions, which, importantly, the unit owners control themselves
WE HAVE BEEN GIVEN AN OPPORTUNITY TO MAKE COMMONHOLD WORK. PLEASE SUPPORT COMMONHOLD. IT CAN WORK. WE DO NOT NEED STEWARDSHIP.
Even if you only answer the “Additional Comments” box to say Commonhold should be mandatory please do so.
Every Single submission counts.
“Two years and almost 13,000 members later, her National Leasehold Campaign group on Facebook is galvanising record responses to a raft of official consultations that could finally reform leasehold law. Yet powerful freeholders have already threatened judicial review to the government, which risks facing compensation claims of billions of pounds. It is a pivotal moment for the feudal practices that still control at least a fifth of homes in England and Wales” The Home Front, By Martina Lees
The Law Commission have launched a Consultation Paper on leasehold enfranchisement reform: “Leasehold home ownership: buying your freehold or extending your lease”.
The provisional proposals would:
Provide a better deal for leaseholders by making enfranchisement easier, quicker and more cost effective;
Reform the existing rights of leaseholders, including removing the separate rules for houses and for flats; and
Simplify, and reduce the legal and other costs of, the procedure for acquiring a freehold or an extended lease.
We appreciate the consultation is very complicated, Long and written using terminology many people do not understand. Please don’t be put off by this. It’s PARAMOUNT as many people as possible complete this consultation.
The consultation closes on 7 January 2019.
Comments may be sent usingthe link here. It has also created a short survey, which asks leaseholders (and former leaseholders) for information about their leases, and about their experiences of the current enfranchisement process.The survey is available here.
We know people are fed up of completing consultation after consultation but please don’t tire. We can not afford to take our foot off the peddle. The freeholders and investors want us to go quiet and give up. It’s up to Leaseholder’s to show them this is not going to happen.
This is the best chance in decades to change this feudal abusive leasehold system. WE CAN NOT AND WILL NOT GIVE UP.
The National Leasehold Campaign (NLC) thankyou for your continued support.
TO COMPLETE THE CONSULTATION ON ENFRANCHISMENT PLEASE CLICK ON THE LINK BELOW.