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20 June 2025 / Mark Chick
Issue: 8121 / Categories: Features , Profession , Leasehold , Property , Housing , Landlord&tenant
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Leasehold isn’t broken (so why fix it?)

223025
Mark Chick ponders the leasehold v commonhold conundrum, arguing for reform, not replacement
  • Government plans to ban new leasehold flats may not be taking into account challenges that exist with regard to the commonhold system.
  • This article questions the need for a ban, arguing that reform to leasehold could benefit leaseholders and freeholders.

The government is planning to replace leasehold with commonhold, and to take steps to make commonhold the default tenure for new flats within the lifetime of this Parliament. As the first stage in this process, it published its Commonhold White Paper in March. In the white paper, the government said it would consult on the ‘best approach to banning new leasehold flats’.

While I support the proposals to reform the current system, I am also mindful of the challenges that must be overcome to make commonhold succeed for all types of development, and of the fact that leasehold is not the complete failure that some have stated.

There

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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