Commonhold and
Leasehold Reform
Bill
“My Ministers will bring
forward legislation to…
reform the leasehold system,
including the capping of ground rents”
- For far too many leaseholders, the reality of home
ownership has fallen woefully short of the dream – their lives
marked by a recurring struggle with unregulated and
unaffordable ground rents; unjustified permissions and
administration fees; unreasonable or extortionate charges; and
onerous conditions imposed with little or no consultation. This
is not what home ownership should entail.
- The Bill will modernise property law, deliver a fair and
efficient modern housing market and transform the experience of
home ownership for millions of leaseholders across the country.
Alongside the ongoing implementation of those reforms to the
leasehold system already in statute, the Bill progresses key
reforms necessary to honour the manifesto commitment to finally
bring the feudal leasehold system to an end in this Parliament.
What does the Bill
do?
- The Bill marks the beginning of the end for the feudal
leasehold system that has tainted the dream of home ownership
for so many. It will transform the experience of home ownership
for millions of leaseholders across the country and support
them with the cost of living by giving them greater control
over how their homes are managed and the bills they pay.
- The current leasehold system in England and Wales has a
number of fundamental, structural flaws that mean it is
weighted against the interests of leasehold homeowners:
-
- Third-party landlords exercise control over the
management, shared facilities and related costs of
buildings rather than the leaseholders who live in them and
who have a direct stake in their upkeep.
- Leaseholders do not own their homes forever and their
value tends to fall over time as the years remaining on
leases reduce.
- Leaseholders and residents on freehold estates can be
viewed by freeholders and managing agents not as homeowners
or customers, but as a source of steady profit, whether
that be through unregulated and unaffordable ground rents,
unjustified fees, or rentcharges.
Leaseholders and residents on freehold estates are vulnerable to
disproportionate enforcement mechanisms such as forfeiture.
-
-
Create a new legal framework for
commonhold, providing full freehold ownership
for flats and a bespoke approach to communal living
without control by third-party landlords; ensuring this
radical improvement on leasehold will be available for as
many as possible by making it workable for more types of
buildings.
-
Introduce a ban on the use of leasehold for new
flats to ensure that in future commonhold is the
default tenure for flatted development.
-
Implement a new process for converting to
commonhold to make conversion easier for
existing leaseholders.
-
Cap ground rents at £250 per year,
falling to a peppercorn after 40 years.
-
Abolish the disproportionate leasehold
enforcement regime of forfeiture, and replace it
with a fairer system that strengthens protections for
leaseholders, removes the automatic risk of home loss and
protects leaseholders' equity.
-
Repeal
the
draconian
powers
relating
to
enforcement of maintenance
charges (estate rentcharges) and require notice
before pursuing ordinary enforcement on freehold estates
to protect homeowners.
-
Amend enfranchisement
provisions in
the Leasehold
and Freehold Reform Act
2024 that make it cheaper and easier for
leaseholders to extend their lease or buy their freehold.
- Create a new right for leaseholders in flats to request
improvements, such as a gigabit capable broadband
connection.
- The draft Commonhold and Leasehold Reform Bill, published
in January 2026, included all of the above measures apart from
the necessary ‘fixes' to the Leasehold and Freehold Reform Act
2024 and provisions relating to gigabit capable broadband
connections. The Housing, Communities and Local Government
Committee are currently undertaking pre-legislative scrutiny on
the draft Bill. The Government will consider any
recommendations made by the Committee before introducing the
Bill.
Territorial extent and
application
- The Bill will extend and apply to England and Wales.
Key facts
-
Each year an estimated 30,000 - 40,000 new flats are
delivered across England and Wales (HM Land
Registry: Price Paid Data) and over 99 per cent of
flats for sale are sold as leasehold (Leasehold
housing in England Statistics, House of Commons Library).
Commonhold offers a better alternative to leasehold for flat
ownership. Ownership is on a freehold basis from the outset
and owners are part of a commonhold association, which gives
them more control over their homes and greater opportunity to
have a say over key decisions affecting how their building is
used, managed and financed.
-
The existing
model of
commonhold has
not worked
- there
are fewer than
20 commonholds
despite the
tenure being
available for
over 20
years (The Law Commission on Commonhold,
July 2020). Without reform to make commonhold workable for
modern developments, including mixed-use and mixed tenure
blocks, that number is unlikely to increase.
-
The Bill will ensure that existing leaseholders can
take advantage of the reinvigorated commonhold
model. Although commonhold has been available since
the regulations came into force in 2004, we are aware of only
one conversion having taken place. The Commonhold and
Leasehold Reform Act 2002 requires 100 per cent leaseholder
consent, freeholder consent and lender consent, meaning a
single hold-out can derail the entire process. This makes
conversion virtually impossible except in the smallest and
simplest of blocks.
- Although actual forfeiture cases are thought to be
relatively rare, the threat of forfeiture is routinely
leveraged by landlords to ensure compliance. In 2024,
the Property Tribunal recorded 786 breach determinations,
providing a partial indication of how regularly in a given year
landlords are taking formal litigation steps towards forfeiting
a residential lease. Stakeholder estimates suggest 80 to 90 per
cent of forfeiture cases are triggered by a financial breach of
a lease, which can be initiated for unpaid amounts of as little
as £350 (Draft Commonhold and Leasehold Reform Bill: Impact
Assessment, Annex 3).
-
Approximately 3.8 million residential leaseholders in
England and Wales have a
ground rent
obligation. Of these, around 770,000 to
900,000 pay over
£250 a year in ground rent of which 490,000 to 590,000 are in
London and the South. In total, leaseholders pay over £600
million per year in ground rent (The ground rents cap, House of
Commons Library).
There are up to 1.75 million homes on private estates in
England, where estate rentcharges
could apply, although we do not
know how many of these are privately managed (English Housing
Survey 2020-21). Competition and Markets Authority analysis shows
over 80 per cent of new freehold homes built by the 11 largest
housebuilders have estate management charges (Housebuilding
market study).
-
Rentcharge owners can currently take enforcement action
without prior notice once arrears reach 40 days,
including taking possession of the property, granting long
leases (sometimes 99 years) to third parties that can continue
even after arrears are paid, or appointing a receiver with
mortgagee-like powers. These powers are widely regarded as
disproportionate and can create significant difficulties for
homeowners, lenders and prospective buyers.
-
The Chair of the Leasehold Advisory Service, Martin
Boyd, said “This is a significant milestone for
leaseholders and marks the beginning of the end
for the leasehold system as we know it. The draft Bill
tackles some of the most damaging features of leasehold … the
Bill signals a decisive shift away from leasehold
as the default form
of home ownership. Moving
towards commonhold and making it easier
for existing buildings to convert where leaseholders
choose to do so, has
the potential to give
homeowners genuine control,
security and long-term certainty over their homes.”