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Plans to ban leaseholds on new-build houses in England

Land, Registered Land, Planning law etc.

Plans to ban leaseholds on new-build houses in England

Postby waterloo2 » Tue Jul 25, 2017 9:35 pm

The current government appears to think that ground rent increases embedded into leases maybe unfair. http://www.bbc.co.uk/news/business-40711013
Assuming a leaseholder had received legal advice during the conveyance might they have a damages case against their advisor?
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Re: Plans to ban leaseholds on new-build houses in England

Postby atticus » Tue Jul 25, 2017 10:13 pm

Only if the legal advice had been negligent. People do make bad decisions despite being advised of the risks or consequences.
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Re: Plans to ban leaseholds on new-build houses in England

Postby dls » Wed Jul 26, 2017 7:51 am

Atti is right, but there may be considerable scope for claims against lawyers; and if there aren't many very substantial claims, there should be a very considerable shame.

When people are buying property there tends to be a heads down 'Lets just get on with it, stop it with all this legal claptrap' attitude. Solicitors and licensed conveyancers should have it as part of their life statement that they will, as it were refuse to give clients what they want.

Some of the discussion of this topic has been woeful, not recognising at all the very real reasons why, for very many properties, a leasehold or similar is necessary.

In this area there are huge numbers of old style leasehold properties. Many many years ago, before planning law, leaseholds were used by landowners to do what is now done by planning law.
There is a real problem about over greedy freeholders charging silly sums for consents etc, and there is a real problem about rents increasing a exorbitant rates.
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Lawyers should not accept being an 'approved' solicitor for house builders. It creates a clear conflict of interest.
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Re: Plans to ban leaseholds on new-build houses in England

Postby tph » Wed Jul 26, 2017 9:20 am

Although some form of reform in this area is needed I don't think an outright ban is a sensible way forward. There are instances where homeowners have benefitted from not holding the freehold especially in the case of 'brownfield' sites which the government appears to be so keen on developing.
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Re: Plans to ban leaseholds on new-build houses in England

Postby Hairyloon » Wed Jul 26, 2017 10:13 am

tph wrote:Although some form of reform in this area is needed I don't think an outright ban is a sensible way forward...

It rarely is.
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