• Sectors we work in banner(2)

    Quick Reads

Deadline for responses to ground rent consultation extended until 17 January 2024

min read

On 9 November 2023, we reported that the Government had published its consultation on capping ground rents in long residential leases in England and Wales.  The consultation was originally due to be open for a period of 6 weeks but has been extended by 4 weeks until 17 January 2024.  This will be a welcome extension to the deadline for freeholders, investors and others given the seismic changes which the Government is proposing in that consultation.

Meanwhile, the Leasehold and Freehold Reform Bill, which is likely to contain the legislation implementing any changes to ground rents in existing leases, is currently making its way through Parliament and had its second reading in the House of Commons on 11 December 2023.  It appears from the second reading, that notwithstanding the consultation, the Government is determined to eliminate ground rents by reducing ground rents in all existing leases to a peppercorn (zero ground rent).  During the debates, Michael Gove stated “As I say, I cannot pre-empt the consultation but, in a way, I already have, because I was asked by the Select Committee last week what my favoured approach would be, and I believe that it should be a peppercorn.  Of course, if compelling evidence is produced, as a Secretary of State with great civil servants, I will look at it, but my preference is clear, and I suspect that it is the preference of the House as well.”

These comments are surprising given that the Government is consulting on five different options for capping ground rents in existing leases.  Whichever option is chosen, it will effectively rewrite existing contracts between landlords and leaseholders and interfere with existing agreements reached between those parties.  For those that have invested in leasehold property, the Government’s proposals will come as an unwelcome development in circumstances where the Government has clearly stated it will not compensate those investors and freeholders for loss of income.  Any ground rent cap in existing leases will further reduce the premiums payable for lease extensions and enfranchisement of houses and flats, notwithstanding the Government’s separate proposals in the Bill to reduce premiums.  

This pre-emptive statement should also be considered in light of the Government’s own impact assessment, published on 6 December 2023, which estimates that restricting ground rent to a peppercorn in existing leases would cost freeholders' income in the sum of £5.1 billion over a 10-year period.  In addition, there would be a change in asset value by calculating the loss of ground rent income over the remainder of lease terms of an estimated £27.3 billion (including the loss for the first 10 years of £5.1 billion).  

The impact assessment acknowledges that freeholders will exit the market if a peppercorn ground rent is introduced into existing leases.

Details of how to respond to the consultation can be found here.  Given the substantial changes proposed by the Government, all those stakeholders involved in leasehold property are encouraged to respond.

We are continuing to track developments on our Essential Residential Hub and our timeline: Changing landscapes in residential leasehold.

First, we have a consultation on ground rents. I cannot pre-empt that consultation, but at its conclusion, we will legislate on the basis of that set of responses in order to ensure that ground rents are reduced, and can only be levied in a justifiable way. As I say, I cannot pre-empt the consultation, but in a way I already have, because I was asked by the Select Committee last week what my favoured approach would be, and I believe that it should be a peppercorn. Of course, if compelling evidence is produced, as a Secretary of State with great civil servants, I will look at it, but my preference is clear, and I suspect that it is the preference of the House as well.

Our thinking

  • Judgement Under Pressure: The General Counsel and In-House Counsel Role in the Built Environment

    Events

    min read
  • Law360 quotes Sadie Pitman on the planning considerations for Manchester United’s Old Trafford plans

    Sadie Pitman

    In the Press

    min read
  • What Do Landlords Need to Know About the New ‘Register Your Rental Property’ Service?

    Lauren Fraser

    Insights

    min read
  • Surveyors' Refresher Seminar

    Hope Barton

    Events

    min read
  • Balancing repair against quiet enjoyment

    Sylwia Barchus

    Insights

    min read
  • Georgina Muskett and Sylwia Barchus examine the strategic use of settlement offers in property disputes, writing in Solicitors Journal

    Georgina Muskett

    In the Press

    min read
  • Laura Bushaway and Helena Cullwick write in Solicitors Journal about preparing for the private rented sector database

    Laura Bushaway

    In the Press

    min read
  • Qatar launches "Companies House" to streamline business registration across economic zones

    Ahmad Anani

    Quick Reads

    min read
  • Sylwia Barchus contributes to an Estates Gazette legal Q&A about recovering a freehold

    Sylwia Barchus

    In the Press

    min read
  • Building Safety Update Seminar

    David Savage

    Events

    min read
  • Lauren Fraser comments in New Law Journal on a Supreme Court decision regarding Right to Manage claims

    Lauren Fraser

    In the Press

    min read
  • Charles Russell Speechlys advises long-standing client BioMed Realty on Jagex's move to Granta Park

    Amy Shuttleworth

    News

    min read
  • Property Patter: Service Charges – What is the current state of play?

    Georgina Muskett

    Podcasts

  • Niamh Tenison contributes to an Estates Gazette legal Q&A on limitation periods and incorrect court fees

    Niamh Tenison

    In the Press

    min read
  • Qatar’s New Preliminary Registration Framework: A Transformative Step for the Off-Plan Market

    Ahmad Anani

    Insights

    min read
  • Infrastructure Projects - Take care when accessing land under statutory powers

    Kevin Gibbs

    Insights

    min read
  • Why the UK-India Trade Deal Matters for Private Capital

    Kim Lalli

    Quick Reads

    min read
  • Summer 2026 Update: Where are we are on the Government’s roadmap to Commonhold?

    Laura Bushaway

    Quick Reads

    min read
  • Leasehold and Freehold Reform Act 2024: New consultations on valuation and legal costs of enfranchisement and lease extension claims

    Laura Bushaway

    Quick Reads

    min read
  • Leasehold Reform; Government responds to consultation on service charge regulation

    Laura Bushaway

    Quick Reads

    min read
Back to top