Freeholder’s challenge to Leasehold and Freehold Reform Act 2024—Civil Society
In Civil Society, residential property partner Shabnam Ali-Khan and charity partner Richard Jones explain why the High Court rejected a human rights challenge brought by several large freeholders against key provisions of the Leasehold and Freehold Reform Act 2024. The challenge related to caps on ground rent, removal of marriage value, and cost recovery provisions, and considered the impact on charity landlords.
The court accepted that bringing in these reforms would impact A1P1 rights. However, the statutory objectives behind LAFRA and their connection to leaseholder A1P1 rights justifies these provisions. The key intention behind LAFRA was to address the ‘inherent unfairness and imbalance in the nature of leasehold property’. This particularly relates to the diminishing nature of leasehold assets, the lack of security and control.
The full article is available online from Civil Society here.
About Shabnam and Richard
Shabnam Ali-Khan is a partner in the residential property team specialising in lease extension and enfranchisement matters, primarily under the Leasehold Reform Housing and Urban Development Act 1993 working with a variety of clients ranging from high-net-worth individuals and companies to individual leaseholders and investor landlords.
Richard Jones is a partner in the charity and not for profit team, acting on a broad range of real estate matters and transactions in the charity, not-for-profit, heritage property and education sectors. He also deals with acquisitions, disposals, landlord and tenant matters, development projects and re-financing.
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If you would like to speak with a member of the team you can contact our charity law solicitors by telephone on +44 (0)20 3826 7510 or complete our enquiry form.
