GUEST BLOG: ‘Leasehold reform will reduce flat prices and raise costs for owners’

Leading leasehold expert warns that Labour's leasehold reform plans will likely have dramatic implications for new 'commonholders'.

leasehold reform

The Government wants to make leasehold ‘easier and cheaper’ which is a virtuous message, politically useful and broadly appealing.

But the reality beneath it is more complicated. The Commonhold reforms, as proposed in the recent White Paper do not eliminate cost – they shift it. And the shift is squarely onto the shoulders of individual flat owners.

The story here is not about cheaper ownership, it is about cost visibility.

After all, 80% of the reformers’ rhetoric is focused on rip-off landlords and their agents. But when the true cost of ownership becomes visible, the value of a flat may just need to be repriced.

Out of sight

Under the current leasehold system, freeholders carry at least some of the burden – capital expenditure forecasting, and the general risk of the building is on their shoulders. Under Commonhold, that is passed to homeowners.

That may sound like a fair trade for more control and responsibility. But the financial implications are real.

That may sound like a fair trade for more control and responsibility. But the financial implications are real.

Remove any landlord monkey business, and under Commonhold the capital costs of running a building do not get smaller just because they are now split among flat owners.

They likely just become harder to manage, as each owner in the cooperative has a different agenda and vision of how they see their building being run. And as a wake-up, the costs are more immediate.

Under Commonhold, there is nowhere to hide. Lift failures, insurance hikes – it all lands on the owners. And here is the part most reformers do not want to say: those that will show up in service charges, reserve fund contributions, and ultimately, in property prices.

Structural reset

Commonhold is sold as a fix, being more transparent and accountable. Maybe it is, but it is also the democratisation of ownership liability, as there will no longer be anyone to carry the risk.

If your neighbour does not pay, someone must cover it. If there is, let’s say, a £40,000 per flat, reserve fund contribution required in twenty years’ time, then you have no choice but to make your contribution.

And that’s regardless of the fact you will have moved on by then. That liability (excluding indexing for inflation) is £2,000 a year, which with a mortgage rate at 5%, is the equivalent to borrowing £40,000 of the purchase price. And that’s before you have even paid for the building insurance or ‘common part’ cleaning.

Any managing agent will tell you reserve funds rarely accrue to pay for planned works, as the costs escalate over time and payments are not indexed to match price hikes.

The Commonhold White Paper examples sound like manageable reserve funds, but due to their contribution modesty these levels of budgets will not get the serious jobs done.

Therefore, when flat buyers see that cost structure that comes with ownership upfront, annualised and indexed, priced into their service charge from day one, they may be forced to value their dream home differently. Not because flats are worse homes, but because they are now priced with their full liabilities in view, baked in.

Price correction

Baby Boomers and Gen Xers buying flats decades ago did very well from leasehold ownership, especially if they got in, and then out, of the market to buy a house.

That success has given a false sense of comfort as we are used to the idea that homeownership appreciates by default. If the economics change, so do the valuations.

Flats may simply have been overvalued – not by mistake, but because the costs of ownership were underpriced or hidden.

Flats may simply have been overvalued – not by mistake, but because the costs of ownership were underpriced or hidden.

Once those costs are surfaced – the upheaval following the Grenfell Tower tragedy has shown what risk can really be and the punishing inability to financially recover, reserve funding, regulatory compliance (a big one today with nothing to show for it), the pricing structure might have to adjust. That will not be a failure of reform, it is just how markets work when they are given better data.

And maybe, that is the quiet aim here. Let the market reprice, let values reset, and let a new kind of ownership model find its footing.

Trade off

Two successive governments have pledged to reform leasehold. But we should stop pretending it comes without trade-offs. It is not the silver bullet to right all home ownership wrongs. Quite the opposite, it is a leap of faith that the reforms will work and that the market can sustain the change without too much price correction – and that is in either direction.

After all, there is nothing our society needs less than house price inflation. It makes savings pointless, as home ownership becomes less attainable to even more of the population.

The risk does not go away – it becomes shared, and that may be a better model – but it won’t necessarily be a cheaper one. What we will see is the real cost of running a building finally coming to the surface, and when that happens, the pricing conversation may change.

Of course, there will need to be a significant timeline given to know if the reforms have worked or not.

Mark Wilson is a director of Myleasehold and a member of ALEP (Association of Leasehold Enfranchisement Practitioners).


2 Comments

  1. One of the biggest issues regarding leaseholds is the increasing ground rent charges. They used to be a minimal cost and are now becoming extortionate in some instances. Ground rent is for absolutely nothing. Freeholder just receive this with nothing in return.

    1. You’re ignoring the thrust of this article! Yes, there are a few high ground rents. But the vast majority are minimal.

      The thing leaseholders moan about most is high service charges. Well, once all these flat holders are moved to common hold and have to face the reality of what it actually costs to maintain a block of flats, accumulate a sinking fund to handle big expenditures like a new roof or re-render or the inevitable upgrade to EPC Grade A by 2050, *and* deal with the administrative nightmare of persuading 20, 50, 250 leaseholders in large blocks to agree on the big-ticket items, they are going to regret ever being forced to self-manage their properties.

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