May 2019
Price: £95 PLUS VAT
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This timely conference brought together policymakers and key stakeholders to discuss the way forward for property law in England and Wales, coming as government and the Law Commission developed a series of significant reforms to the leasehold, commonhold and property management systems.
Stakeholders discussed the series of interlocking proposals for policy reform designed to lead to a single piece of new property and land rights legislation, including:
- Government consultation on leasehold, looking at how to implement their proposed ban on new homes from being sold with leasehold, capping ground rents to £10 per annum, improving transparency on the maintenance costs that underlie service charges, and making the process of selling a leasehold property easier; and
- The Law Commission undertaking four consultations on specific issues in the sector, including on enfranchisement, commonhold and Right to Manage, and plans to seek views early this year on unfair terms in leasehold contracts.
Delegates discussed the practical and legal implications emanating from the Law Commission’s consultation on the process for leaseholders seeking to buy the freehold, including reforms to the valuation formula, which aims to make it more simple and ‘cost-effective’.
The agenda also looked at the Government’s new regulations on ensuring recognition of residents’ associations and The Law Commission’s further consultation on simplifying the Right to Manage process by which residents can set-up their own company to undertake maintenance instead of the company chosen by the freeholder.
Delegates considered the potential impact of government proposals for a range of measures following their consultation on strengthening consumer redress in housing, including a new ombudsman and complaints resolution service backed by mandatory commitments from private landlords - and the setting up of a working group to further develop plans for reform.
With the Law Commission also consulting on policies to expand the use of commonhold ownership in England and Wales, and make it easier to convert from leasehold to commonhold, there was discussion on whether lessons can be learnt from other jurisdictions where this model is more often utilised such as the USA or Australia.
Delegates also looked at how a change in culture might be achieved amongst property developers, advisors and others connected with the sector to promote commonhold, including increasing lender confidence to improve the choice of mortgage options for consumers in England and Wales.
