1. HLPA Annual Conference Housing Law in Action 5 December 2002
James Driscoll

2. The Transformation of Housing Law
Huge number of recent developments including:
Land Registration Act 2002
Homelessness Act 2002
Commonhold and Leasehold Reform Act 2002
Police Reform Act 2002 (!)
Impact of the Human Rights Act 1998

3. Other current developments
Law Commission project (and NB DTLR/ODPM consultation on anti-social behaviour)
Two consultation papers
Implementation will transform the law on rented accommodation
Draft Housing Bill 2003?
Licensing of private landlords
Anti-social behaviour measures
Fitness standard?

4. Leasehold Reform
Affects more than 2 million leaseholders of flats and houses
Some in the social rented sector
Another role for housing lawyers?

5. Leasehold Reform: the new law
Commonhold and Leasehold Reform Act 2002
Govt. considers the leasehold system to be an unsatisfactory system for owner-occupation, hence:
Commonhold (long-term solution)
Leasehold Reform (shoring up the system)

6. Leasehold Reform: the new Right to Manage
For qualifying leaseholders of flats
All landlords are covered (except for local authorities)
Same qualifications as for enfranchisement
No fault based right
Leaseholders take over almost all management functions

7. Enfranchisement and lease extension
Changes to qualifying rules
Residence and low rent tests repealed
More buildings eligible
Valuation simplified
Easier for leaseholders to exercise rights
Most changes came into force on 26 July 2002

8. Service charges
Improvement and administration charges can also be challenged in the LVT
New consultation requirements for landlords
New leaseholder rights
Consultation
Notice of rights
Right to withhold payment
Further forfeiture reforms are likely

9. Other reforms to leasehold management
New insurance rights for leaseholders
Ground rent reforms
Variation of leases
Forfeiture reforms
Landlord will have to prove breach in the LVT
Only then could landlord seek to forfeit

10. New options for leaseholders
RTM may prove popular
Commencement of this and the service charge (etc) changes likely in June 2003
RTM could later convert to RTE
Could then convert to Commonhold!