Next step for leasehold reform

Mr Midgley said: “It is over 20 years since the Leasehold Reform Housing and Urban Development Act 1993 was enacted. Since the passage of that landmark piece of legislation, there has been significant amending legislation in the Commonhold and Leasehold Reform Act 2002 and a continuing and developing body of case law. However, over the years it has become apparent to many practitioners that there are certain anomalies within the law that should be addressed.”

ALEP has, on numerous occasions, made representations to successive housing ministers over its members’ concerns. One of these relates to the signing of notices under the provisions of Sections 13 and 42 of the 1993 Act. These notices must be signed by the individual tenant(s) personally.

This causes problems in situations such as when an individual tenant has a disability and has given a power of attorney to a third party, or when notices need to be signed by tenants who are based overseas.

“In so many areas, it is possible for a solicitor or other authorised representative to sign on an individual’s behalf. As the law currently stands, this is not possible for signing section 13 or 42 Notices. If the tenant cannot sign personally, no claim for a lease extension can be made and, in the case of a collective enfranchisement for the acquisition of a freehold, it may be prejudicial to getting a sufficient number of people involved.”