Housing: Commonhold

Baroness Gardner of Parkes Excerpts

Monday 10th February 2014 Lords Chamber

Asked by

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government whether they have any plans to review the present requirement for the agreement of 100 per cent of tenants in leasehold blocks of flats in order to convert the tenure of those flats to commonhold.

[Baroness Gardner of Parkes (Con)]

My Lords, my interest is declared in the register. Can I ask the Minister if he is aware—

[Noble Lords]

No!

[Baroness Gardner of Parkes]

Oh! I beg leave to ask the Question standing in my name on the Order Paper.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Government have no plans to review the 100% rule for conversion from leasehold to commonhold.

--- Later in debate ---

[Baroness Gardner of Parkes]

My Lords, is the Minister aware that I have asked this Question repeatedly over the years and I have always had the Answer that it is totally impossible? That is on record in Hansard many times. Does the Minister think that, as we now have so many different Acts covering the same issues, even for the skilled property lawyer it has become quite a nightmare, and is impossible for ordinary people? Even today I am wandering too. Does the Minister think that it is time that the Government asked the Law Commission to review this legislation with a view to bringing in a consolidation Act?

[Lord Faulks]

My Lords, my noble friend Lady Gardner has been a doughty champion of commonhold and has indeed recorded her interest and Questions on a number of occasions, in the past decade in particular. Of course, commonhold is successful and well established in other parts of the world, particularly Australia. Unfortunately it has failed to attract much enthusiasm in this country. It was originally the creation of the Law Commission in the 1980s. Whether review of commonhold legislation might be suitable for the commission’s further consideration is a question for the Government ultimately to decide. They have to decide priorities in accordance with the protocol but will bear in mind what the noble Baroness has said.