"Banning Leasehold": What the January Draft Bill Means for Flat Owners

23rd March 2026
Home > News > "Banning Leasehold": What the January Draft Bill Means for Flat Owners

If you have been following the property news this year, you’ll know that January 2026 marked a historic turning point for homeowners. On January 27th, the Government published the long-awaited Draft Commonhold and Leasehold Reform Bill.

While the headlines screamed about "banning leasehold," the reality for many in West Yorkshire—from the mill conversions of Huddersfield to the sleek apartments of Leeds Dock—is more nuanced. This isn't an overnight disappearance of leases, but it is a "seismic shift" in how we own and manage property in England and Wales.

Here is a breakdown of what the draft bill actually says and what it means for you as a current or future flat owner.


1. The Headline: Banning New Leasehold Flats

The most transformative part of the bill is the move to make Commonhold the default tenure.

The New Rule: Once this bill is enacted, developers will be prohibited from selling new flats as leasehold. Instead, they must be sold as Commonhold.

What is Commonhold? Unlike a leasehold, where you essentially "rent" the right to live in a flat for 99 or 999 years from a landlord, Commonhold means:

  • Outright Ownership: You own your flat (the "unit") forever.

  • Joint Control: You and your neighbours collectively own the building and the land it sits on through a "Commonhold Association."

  • No Landlord: There is no third-party freeholder charging ground rent or making profit-driven decisions about your repairs.


2. The Relief: A £250 Cap on Ground Rent

For the 5 million existing leaseholders, the most immediate "win" in the January draft is the crackdown on ground rents.

The Reform: For most residential leases granted before July 2023, the government intends to cap ground rent at £250 per year.

Even better? After a 40-year transition period, these ground rents will be reduced to a "peppercorn" (effectively £0). This is designed to kill off the "doubling ground rent" scandals that have made some flats in the North almost impossible to mortgage or sell in recent years.

Impact Check: The government estimates that nearly 900,000 leaseholders currently paying over £250 will see immediate savings. For a flat owner in a modern Leeds development currently paying £400+ a year, this is a significant boost to the property’s marketability.


3. The Exit: 50% Consent to Convert

Previously, converting an entire block from Leasehold to Commonhold was nearly impossible because it required 100% of the owners to agree.

The 2026 Bill slashes this threshold to 50%. If half of the qualifying leaseholders in your building want to switch to the fairer Commonhold model, you can now collectively "buy out" the freeholder and take control. This aligns the process with the existing "Right to Manage" and enfranchisement rules, making it a realistic option for proactive residents' committees.


4. The Protection: Abolishing Forfeiture

For decades, freeholders have held a "draconian" power called forfeiture. This allowed them to theoretically seize a leaseholder's entire home—and all the equity in it—over a debt as small as £350.

The January 2026 Bill finally moves to abolish forfeiture. It will be replaced by a much fairer, court-led enforcement scheme. If a leaseholder falls behind on service charges, the freeholder can still recover the debt, but they can no longer take the roof from over your head for a minor financial dispute.


5. What Should West Yorkshire Flat Owners Do Now?

If you are currently trying to sell a flat or thinking of buying one, here is our professional take on the "Wait vs. Act" dilemma:

  • If you are Buying: Commonhold is the future. If you are looking at a "New Build" completing in late 2026 or 2027, ask the developer if they are early adopters of the Commonhold model. It will likely hold its value better than a traditional leasehold.

  • If you are Selling: The £250 ground rent cap is a massive selling point. Use it to reassure buyers who might be worried about spiralling costs.

  • If you have a Short Lease: The bill (building on the 2024 Act) makes it cheaper to extend your lease to 990 years by removing "marriage value." If your lease is approaching the 80-year mark, the reforms coming into force over the next 18 months could save you thousands.

The Bottom Line

The "feudal" leasehold system isn't dead yet—the bill is still in its "draft" stage and subject to consultation until April 24th, 2026. However, the direction of travel is clear. Property is becoming about people, not profit for freeholders.


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