Replace Leasehold with Commonhold!

Leasehold is an 800 year old Feudal system which strangely only exists in England and Wales — Scotland and Ireland have got rid of
Leasehold many years ago and replaced it with an equal Commonhold system.

Leaseholders are classed as Vassal,inferiors,surfs etc etc.

Freeholders and Managing agents are classed as Superiors.

All Leaseholders are able to do is to go to the Leasehold Valuation Tribunal– However as in Trafalgar Court Mundesley this
has been going on for eleven years and the building still remains in ruin. The Freeholder there is Mr Ravinder Sharma (London Land Securities, who constantly sends out service charges to Leaseholders that make no sense at all, plus he placed many drink
and drug addicts in the building, who threatened Leaseholders,
Mr Sharma then offered Leaseholders £2,500 for the their flats that hey had paid £40,000 pounds plus for!

He also sold 13 flats to unknown names for £1 each which sill remained registered at his home address.

Unfortunately there is no law in England and Wales to stop this ripoff.

The Rowner Regeneration again brought about by Leaseholders being exploited for many years.
Seven years of going to the Leasehold Valuation Tribunal again was unable to stop the rot.

Why is this idea important?

Leasehold is an 800 year old Feudal system which strangely only exists in England and Wales — Scotland and Ireland have got rid of
Leasehold many years ago and replaced it with an equal Commonhold system.

Leaseholders are classed as Vassal,inferiors,surfs etc etc.

Freeholders and Managing agents are classed as Superiors.

All Leaseholders are able to do is to go to the Leasehold Valuation Tribunal– However as in Trafalgar Court Mundesley this
has been going on for eleven years and the building still remains in ruin. The Freeholder there is Mr Ravinder Sharma (London Land Securities, who constantly sends out service charges to Leaseholders that make no sense at all, plus he placed many drink
and drug addicts in the building, who threatened Leaseholders,
Mr Sharma then offered Leaseholders £2,500 for the their flats that hey had paid £40,000 pounds plus for!

He also sold 13 flats to unknown names for £1 each which sill remained registered at his home address.

Unfortunately there is no law in England and Wales to stop this ripoff.

The Rowner Regeneration again brought about by Leaseholders being exploited for many years.
Seven years of going to the Leasehold Valuation Tribunal again was unable to stop the rot.

Rogue Freeholders

If Rogue Freeholders commit criminal acts they should be arrested and charged. This would make them think twice about breaching peoples leases, extortion, invalid insurance or bordereaux insurance rip offs. Also issuing false (fraud) invoices and threatening people if they question anything or stand up to them.

Criminal and fraudulent acts that are committed with the knowledge that they will be protected if found out and exposed.
Currently it is evident that these people can do as they choose and are protected – Councils/Police/LVT etc etc… the bigger the Landlord the more protection they have.

Why is this idea important?

If Rogue Freeholders commit criminal acts they should be arrested and charged. This would make them think twice about breaching peoples leases, extortion, invalid insurance or bordereaux insurance rip offs. Also issuing false (fraud) invoices and threatening people if they question anything or stand up to them.

Criminal and fraudulent acts that are committed with the knowledge that they will be protected if found out and exposed.
Currently it is evident that these people can do as they choose and are protected – Councils/Police/LVT etc etc… the bigger the Landlord the more protection they have.

Change Housing Act 1996 “Right of First Refusal”

Law Relating to This Matter

The Housing Act 1996 inserted into the Landlord & Tenant Act 1987 Part 1 was intended to stop the transfer of substantial ownership in a building ("A Relevant Disposal") from taking place without the knowledge and interest of the tenants of the building.  It was further amended in the Commonhold & Leasehold Reform Act 2002.  The Act allows only separate non relevant disposals to different parties to occur without notification.  It is recognised as a badly drafted Act in which a huge loophole exists for unscrupulous parties to circumvent the law in order to achieve precisely what the Act was intended to avoid.

Example:

28 Finchley Road, Westcliff-on-Sea comprises 4 flats.  The owner occupiers with qualifying long leases were informed retrospectively that the freehold of the building had been transferred.  They should have received Section 5 Notices under the Landlord & Tenant Act 1987.  The Landlord avoided this by allowing Superior Leases to be granted to separate companies over each flat thereby creating a vehicle to avoid a "Relevant Disposal" in law.  However to the tenants it was a relevant disposal as all companies are owned by the same family group members.  The Landlord then sent the Section 5 Notices to the newly created Superior tenant companies who accepted that a sale of the freehold would occur.  The freehold was then purchased by another company in the family group.

The wording needs to change so that common interests cannot be separated to create a sham non relevant disposal to the disadvantage of occupying long leaseholders.  Counsel says no law has been broken!

John Lee  

Why is this idea important?

Law Relating to This Matter

The Housing Act 1996 inserted into the Landlord & Tenant Act 1987 Part 1 was intended to stop the transfer of substantial ownership in a building ("A Relevant Disposal") from taking place without the knowledge and interest of the tenants of the building.  It was further amended in the Commonhold & Leasehold Reform Act 2002.  The Act allows only separate non relevant disposals to different parties to occur without notification.  It is recognised as a badly drafted Act in which a huge loophole exists for unscrupulous parties to circumvent the law in order to achieve precisely what the Act was intended to avoid.

Example:

28 Finchley Road, Westcliff-on-Sea comprises 4 flats.  The owner occupiers with qualifying long leases were informed retrospectively that the freehold of the building had been transferred.  They should have received Section 5 Notices under the Landlord & Tenant Act 1987.  The Landlord avoided this by allowing Superior Leases to be granted to separate companies over each flat thereby creating a vehicle to avoid a "Relevant Disposal" in law.  However to the tenants it was a relevant disposal as all companies are owned by the same family group members.  The Landlord then sent the Section 5 Notices to the newly created Superior tenant companies who accepted that a sale of the freehold would occur.  The freehold was then purchased by another company in the family group.

The wording needs to change so that common interests cannot be separated to create a sham non relevant disposal to the disadvantage of occupying long leaseholders.  Counsel says no law has been broken!

John Lee  

Changes to Right to Purchase Freehold

We would like to propose what we think is a far more efficient, far more cost effective and much fairer way of dealing with requests from leaseholders wishing to purchase the freehold to their own homes:

  1. Should negotiation between the leaseholders and the freeholder fail to agree a fair price for the freehold, a direct application is made to an approved valuerfor a valuation anda speedy resolution.
  2. Should there be a disagreement over the independent valuation, then each party could seek a further valuation and the median of the valuations be adopted.
  3. The Tribunal should be required to report within 4 weeks of any hearing and should adhere to this or else pay compensation e.g. return their fees or a daily penalty.
  4. The freeholder should have to provide valid, legal title documents at their expense rather than any costs of updating documents falling to the leaseholder.
  5. The freeholder should be ready to complete within 8 weeks of the Tribunal decision and is subject to fines/compensation for each day they exceed this.
  6. The leaseholder should not have to pay the freeholders costs for a valuation report unless that report is also copied to the leaseholders. This will increase the chance of a mutually agreeable freehold price being identified and prevent the leaseholder paying for a service they don’t receive.
  7. To act as an incentive for the freeholder to act swiftly, the leaseholder(s) should not have to pay all of the freeholder’s costs and there should be far more onus on the freeholder to act faster and fairer. Time limits should be set for each side to adhere to with appropriate sanctions and compensation for slippages.
  8. The removal of the draconian situation where the leaseholder forfeits their right to proceed if they miss a deadline, especially as it can be missed by the freeholder doing nothing and the leaseholder constantly has to chase and push the freeholder to respond – after all the leaseholderswant to purchase the freehold!

From the moment the leaseholder invokes their ‘right to buy’ the freehold, the whole process should be completed within a set period of time,say a maximum of 12 months.

Why is this idea important?

We would like to propose what we think is a far more efficient, far more cost effective and much fairer way of dealing with requests from leaseholders wishing to purchase the freehold to their own homes:

  1. Should negotiation between the leaseholders and the freeholder fail to agree a fair price for the freehold, a direct application is made to an approved valuerfor a valuation anda speedy resolution.
  2. Should there be a disagreement over the independent valuation, then each party could seek a further valuation and the median of the valuations be adopted.
  3. The Tribunal should be required to report within 4 weeks of any hearing and should adhere to this or else pay compensation e.g. return their fees or a daily penalty.
  4. The freeholder should have to provide valid, legal title documents at their expense rather than any costs of updating documents falling to the leaseholder.
  5. The freeholder should be ready to complete within 8 weeks of the Tribunal decision and is subject to fines/compensation for each day they exceed this.
  6. The leaseholder should not have to pay the freeholders costs for a valuation report unless that report is also copied to the leaseholders. This will increase the chance of a mutually agreeable freehold price being identified and prevent the leaseholder paying for a service they don’t receive.
  7. To act as an incentive for the freeholder to act swiftly, the leaseholder(s) should not have to pay all of the freeholder’s costs and there should be far more onus on the freeholder to act faster and fairer. Time limits should be set for each side to adhere to with appropriate sanctions and compensation for slippages.
  8. The removal of the draconian situation where the leaseholder forfeits their right to proceed if they miss a deadline, especially as it can be missed by the freeholder doing nothing and the leaseholder constantly has to chase and push the freeholder to respond – after all the leaseholderswant to purchase the freehold!

From the moment the leaseholder invokes their ‘right to buy’ the freehold, the whole process should be completed within a set period of time,say a maximum of 12 months.

Replace Freehold with Ownership

Currently Freehold on land or property gives the 'owner' certain rights, but true ownership lies with the crown.

I think it's time to give every Englishman, and Scotsman, Welshman, Irishman, and of course women,  the right to actually own their own proporty.

Why is this idea important?

Currently Freehold on land or property gives the 'owner' certain rights, but true ownership lies with the crown.

I think it's time to give every Englishman, and Scotsman, Welshman, Irishman, and of course women,  the right to actually own their own proporty.

purchase of leasehold

Do not allow the owner of the land in question to keep old covenants on the land which restrict the use by the new owner.These laws go back many years and owners who are reluctant to sell, but are obliged to under government laws, wish to retain these old covenants.

Why is this idea important?

Do not allow the owner of the land in question to keep old covenants on the land which restrict the use by the new owner.These laws go back many years and owners who are reluctant to sell, but are obliged to under government laws, wish to retain these old covenants.

Scrap Leaseholds on Properties

I would like to see the leasehold system held on many properties scrapped. This is such an unfair and outdated idea where you buy a house or a flat for a silly amount of money and it is never really your own. You will always be subject to a faceless landlord and continue to pay them for the entire time you 'own' the property.  It's an outdated Feudal right that urgently needs changing.

Many leaseholders will complain that they will lose out and there is already an option to buy your leasehold if you want to (or the majority of flats want to). This is out of reach for most people who have made their biggest ever purchase (their house). An assessment should be done to determine the real price of the land that your house stands on and include it within the house/ flat price. Until this is done nobody with a leasehold house can truly say that it's their castle.

Why is this idea important?

I would like to see the leasehold system held on many properties scrapped. This is such an unfair and outdated idea where you buy a house or a flat for a silly amount of money and it is never really your own. You will always be subject to a faceless landlord and continue to pay them for the entire time you 'own' the property.  It's an outdated Feudal right that urgently needs changing.

Many leaseholders will complain that they will lose out and there is already an option to buy your leasehold if you want to (or the majority of flats want to). This is out of reach for most people who have made their biggest ever purchase (their house). An assessment should be done to determine the real price of the land that your house stands on and include it within the house/ flat price. Until this is done nobody with a leasehold house can truly say that it's their castle.