Leasehold and Freehold Reform Bill (Second sitting)

Debate between Rachel Maclean and Marie Rimmer

Committee stage
Tuesday 16th January 2024 Public Bill Committees

[Ms Rimmer]

Q Is it fair to say that you are content with the provisions that the Government have put in the Bill?

Professor Hopkins: It is fair to say that what the Bill does will be of substantial benefit to leaseholders.

[Rachel Maclean (Redditch) (Con)]

Q Thank you for all your work. Can you remind the Committee how many recommendations you made in total?

Professor Hopkins: Across enfranchisement, right to manage, and commonhold, we made around 350 recommendations.

Leasehold and Freehold Reform Bill (First sitting)

Debate between Rachel Maclean and Marie Rimmer

Committee stage
Tuesday 16th January 2024 Public Bill Committees

[Rachel Maclean (Redditch) (Con)]

Q Mr Boyd, it is good to see you. You have talked about commonhold. Would you mind just being quite succinct and clear on your view about commonhold? There are proposals from various groups who are active in the sector to make it mandatory to sell all new leasehold flats as commonhold. Would that be a good idea, and if not, why not?

Mr Martin Boyd: I am proud to say that it was LKP that restarted the whole commonhold project in 2014. At the time, we were told, “The market doesn’t want commonhold.” The market very clearly told us that it did want commonhold; it was just that the legislation had problems in 2002. One of our trustees, who is now unfortunately no longer with us, was part of a very big commonhold project in Milton Keynes that had to be converted back to leasehold when they found problems with the law.

I think the Government have been making it very clear for several years that they accept that leasehold’s time is really over. I do not see any reason why we cannot move to a mandatory commonhold system quite quickly. What the developers had always said to us—I think they are possibly right—is that they worry that the Government might get the legislation wrong again, and they would therefore want a bedding-in period where they could test the market to ensure that commonhold was working, and they would agree to a sunset clause. They had fundamentally opposed that in 2002, and we managed to get them in 2014 to agree that, if commonhold could be shown to work, they would agree to a sunset clause that would say, “You cannot build leasehold properties after x date in the future.” I think that that is a viable system.

[Ms Rimmer]

Q Good morning, Mr Boyd. How will the Bill impact on your work as an advisory service and the advice that you give to leaseholders?

Mr Martin Boyd: As some of you may know, I have been very critical in the past of the organisation that I now chair, because I thought that it was doing the wrong thing. The Government took what some might see as a brave decision in asking me to take on the role as chair. LEASE is going to become a much more proactive part of the system, and, as far as I see it, we now have several roles rather than one. While we are predominantly there to help advise consumers about the legislation and how to use it—and hopefully when not to use it—we will also have a role in helping to press Governments to make sure that they improve the legislation. That was not a remit that we had, but it will be very much part of our remit going forward.