Commonhold and leasehold compared | Winston Solicitors Skip to main content
typical english flat and maisonette properties
Advice

Commonhold and leasehold compared

Jeremy Conway Jeremy Conway
3 min read

Commonhold vs leasehold

Many properties, particularly flats or maisonettes, are held on long leases. The Law Commission, in three detailed reports, proposes substantial reforms to the leasehold regime and recommends that commonhold should be the preferred method of owning flats.

The commonhold regime was introduced by the Commonhold and Leasehold Reform Act 2002, but has not been popular.

Historically, the leasehold regime was thought to have the following benefits:

  • There would not be any element of flying or creeping freehold. The freehold to the entire estate would be owned by one legal entity.
  • The leases to all the properties on the estate would be in identical form, and would include appropriate mutual rights.
  • The obligations contained in the leases would be enforceable by the freeholder even if the freehold changed hands.
  • Some leases would allow tenants to enforce directly against each other without involving the freeholder.
  • A long lease was thought to be almost as valuable as a freehold title.

The approaches of lawyers, lenders and surveyors have changed over the years, and difficulties have arisen as a result. For example:

  • Leases that had only 50 years left to run used to be acceptable to most lenders and to buyers. Now, only leases that have at least 80 or 85 years left to run are considered acceptable.
  • In certain areas of the country, leasehold houses are the norm. This was – and still is to some extent – commonly accepted. However, in recent years, developers started to grant long leases of new houses instead of selling the freehold. This led to confusion amongst buyers who thought that they had purchased the freehold and to consternation amongst lenders and valuers.
  • Ground rent provisions became more sophisticated and unfair. Instead of charging a nominal ground rent throughout the term, landlords would seek to charge a more substantial initial ground rent, which would escalate during the lease period. It would sometimes double every 10 or 25 years, resulting in unaffordable ground rents and arguably more extensive rights for the landlord to retake possession of the property.
  • Management of the estate would be farmed out to a managing agent, who would sometimes charge excessive fees for providing information and would not always maintain the estate to an acceptable standard.

The commonhold regime was introduced to deal with the perceived unfairness of the leasehold regime. Commonhold involves:

  • Each flat owner owning the freehold of the individual unit.
  • Shared ownership and shared responsibility of the remainder of the estate

The proposed reforms will:

  • Introduce a process for converting leasehold ownership to commonhold ownership.
  • Introduce 990 year lease extensions, rather than the current 50 or 90 year lease extensions.
  • Abolish ground rent on extended leases.
  • Make it easier for leaseholders to collectively acquire the freehold.
  • Promote commonhold as the preferred method of owning flats and an acceptable method of owning houses.
  • Make it easier to set up a right to manage company.
  • Introduce more flexibility.

The Law Commission is to be applauded for tackling this difficult area of law and for writing three detailed reports. However, the proposed reforms will only work if lenders agree to lend on commonhold properties without qualification.

Additionally, the proposals might overlook the fact that currently, even in cases where (a) management companies own the freehold of the estate and are collectively owned by the tenants, or (b) right to manage companies have been set up, the tenants find the management responsibilities overwhelming and appoint managing agents, who sometimes charge excessive fees and do not always maintain the estate to an acceptable standard. Any reforms must recognise this, and must contain safeguards against abuse by managing agents, coupled with effective powers of enforcement and sanctions for non-compliance.

Client feedback

Excellent service,highly professional and support me with purchasing the house.
Midhula
I found Winston Solicitors through, of all places, a post on Reddit from property flippers. They had great reviews on it and being a trusted person, did my due dilligence and checked Google too. I wasn't disappointed. I had been dealing with Amanda, Tom and Sidraa throughout my sale and purchase. I felt like I had the best team all the way through. Nothing got passed them and they were always prompt, helpful and friendly from start to finish. Sidraa certainly had her work cut out and she made me feel like they had my back and my interests at heart. Please don't be put off by using solicitors miles away. Most of this can be done online nowadays. It's all so easy to do. I don't want to move anytime soon but, if I have to, I will be using Winston Solicitors again and preferably the same team! Thank you all.
David
Leasa and Julie at Winston Solicitors were excellent to work with. Communicative and prompt with replies and emails and super clear on each step of the way. - June 2025
I Salmon, Surrey
Sidraa and Tom were both brilliant and made the whole process seamless as a first time buyer.Completely efficient, no messing around and more than competent.Thank you!
Benjamin
Leasa is a first class conveyancing solicitor. Her excellent professional skills and compassion came through very strongly in all the communications I had with her. A huge thank you, Leasa.
Anonymous
Samantha made my house buying process smooth and completely stress-free. As a first time buyer, I truly can’t thank her enough! She was incredibly thorough, explained everything clearly, and always responded promptly to any questions I had. I highly recommend her to anyone. Thank you Samantha!
Ms R
Working with Leasa and Julie at Winston’s was excellent. Each step was explained clearly and concisely and communication was prompt. I will be highly recommending
Ishmail
Great communication and kept in touch regularly
Mohammed
Contact Jeremy