Lease Extension Policies for Residential Properties

Debate between Lord Berkeley and Baroness Taylor of Stevenage

Tuesday 30th July 2024 Lords Chamber

[Lord Berkeley]

To ask His Majesty’s Government, further to the remarks by Baroness Williams of Trafford on 24 May (HL Deb col 1368) where she relayed undertakings of the Crown, when they expect the Crown to publish their new lease extension policies for residential properties.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I thank my noble friend for his Question. The Crown has agreed to act by analogy with the new Leasehold and Freehold Reform Act 2024, subject to the specific condition set out in the undertaking. This will improve home ownership for most Crown leaseholders, but it is a matter for the Crown to determine when it will publish its new lease extension policies. The Government anticipate that the Crown policies of the relevant Crown bodies will be published no later than when the relevant provisions in the Leasehold and Freehold Reform Act come into effect.

[Lord Berkeley (Lab)]

I am grateful to my noble friend for that Answer. This was a Crown undertaking, given by the then Minister over two months ago. Hundreds of leaseholders on the Isles of Scilly and elsewhere are dying to know whether their 40-year leases can be extended in the way that the rest of the country achieved with the leasehold reform Act. Could my noble friend go back to the Crown and maybe instruct the Duke of Cornwall to publish this document, which will give comfort to these tenants? Could she also provide an opportunity for the House to debate that document, if and when we ever see it?

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend for his championing of Crown leaseholders and the Scilly Isles, and for this offer to visit. You do not have to be a Foreign Office Minister to go to beautiful and exotic places. The undertaking confirms that the Crown will act by analogy, but it is well established that Acts of Parliament for England and Wales do not bind the Crown unless the Act expressly states that this is the case or does so by necessary implication. Instructing the Duke of Cornwall is probably a bit beyond my ministerial powers. The undertaking for the Act delivers similar improvements to those that leaseholders would have if the Leasehold and Reform Act 2024 were to bind the Crown directly. The difference is therefore largely a matter of delivery. Binding the Crown to the Act’s provisions is therefore felt to be unnecessary.