Government caps ground rents for leases

In a significant move for leaseholders, the UK government has announced a cap on ground rents at £250 per year for older leases. This reform builds on previous changes introduced by the Leasehold Reform (Ground Rent) Act 2022, which already aimed to modernise and protect leasehold agreements. Scott Goldstein, property litigation partner from leading law firm Payne Hicks Beach, stated, "The headline reform announced today (capping ground rents in older leases) builds on similar changes to new leases which were introduced by the Leasehold Reform (Ground Rent) Act 2022."

Goldstein also expressed concern that "the £250 ground rent cap will interfere with investments in freeholds built up by pension funds over many years, which are there to benefit millions." This highlights the potential impact of the new regulations on investors and pension funds relying on revenue from these properties.

Under the proposed lease enforcement scheme, landlords will face stricter regulations and can no longer unilaterally terminate long residential leases. They must comply with legal requirements designed to protect leaseholders. The regulations will prevent landlords from enforcing residential evictions for unpaid ground rent or for small unpaid charges, like service fees.

While the government asserts that landlords will be safeguarded by court intervention, Goldstein remarked, "this offers little reassurance given court staff shortages and long delays." He pointed out that the practical effects of the reforms may be minimal, as previous changes in 2002 already made it challenging for landlords to end residential leases without a court or tribunal decision. As a result, the use of forfeiture in residential cases remains uncommon.

Thus, the capping of ground rents may provide relief to leaseholders but raises concerns about the broader ramifications on investment and property management in the long term.

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