ALEP Responds to Government Triumphs over Freeholders in Landmark Judicial Review

The judicial review, heard between 15 and 18 July, was brought by several prominent freeholders, including Arc Time Freehold Income Authorised Fund, Alpha Real Capital LLP, Cadogan Group Limited, Grosvenor Limited, Abacus Land 1 (Holdco 1) Limited, Wallace Partnership Group Limited, John Lyon’s Charity, and the Trustees of the Portal Trust.

Commenting on the outcome, Mark Chick, ALEP (the Association of Leasehold Enfranchisement Practitioners) director and Senior Partner at Bishop & Sewell LLP, said: “At the centre of the dispute were unimplemented sections of LAFRA, specifically those relating to the removal of marriage value, which the freeholders had challenged under Human Rights law. Marriage value is a key element in the calculation of lease extension and freehold purchase premiums. The claimants argued that the abolition of marriage value and the resulting loss of income amounted to a breach of their human rights, alleging that it deprived them of property without fair compensation.

“The High Court rejected the freeholders’ arguments, finding that the government’s approach was lawful and proportionate. The ruling paves the way for ministers to proceed with implementing the remaining provisions of LAFRA, which were delayed pending the outcome of this case.

“The decision is widely seen as a necessary step in clarifying the legal position around leasehold enfranchisement and is essential to advancing future reforms, specifically the potential introduction of commonhold through a future Leasehold and Commonhold Reform Bill. Until now, uncertainty around the legality of these provisions had stalled further progress and the government had indicated that the Draft Bill would not be published until the case was resolved.

“While the government’s legal victory is being viewed as a major milestone, few expect the issue to end here. The claimants are expected to seek leave to appeal, potentially taking the case to the European Court of Human Rights.

“This leads to the inevitable question, will the Draft Bill now be published, as was initially anticipated to take place in the autumn, or will it continue to be delayed?

“Additionally, victory for the government means that theoretically it is free to move ahead with the implementation of remaining provisions of LAFRA. But will this happen? It would be a bold move given that it’s more than likely that this was simply a first-instance decision in relation to the position of the unimplemented legislation under Human Rights law. There is the prospect of a UK appeal and then possibly an onward appeal to the European Court of Human Rights. Strategically, the government will be considering options carefully and of course, we wait to hear from the freeholders about what they will do.”

The outcome will be watched closely across the legal, property and political sectors. For now, the judgment represents an endorsement of the government’s reform agenda, but it leaves unanswered questions over the potential for further leasehold reform.