As many readers will be aware, government introduced a new piece of legislation in May last year – The Leasehold and Freehold Reform Act 2024 – aimed at strengthening the rights of tenants and residents.
The law is part of a programme of government reforms which were prompted by intensive campaigning and lobbying by leaseholder groups and which seek to reduce the use and application of the leasehold system.
This law will not solve the many problems caused by leasehold, but is nonetheless an important first step. However, a group of freeholders (those who own the land) are seeking to stop the legal provisions being enacted by Parliament.
The freeholder group includes the Grosvenor Estate, owned by one of Britain’s richest men, the Duke of Westminster. Long Harbour is also a claimant in the case under the Abacus Land brand, and is run by David Cameron’s aristocratic half brother in law, Will Astor.
Hugh Grosvenor, the Duke of Westminster. Image courtesy of The Entrepeneur. Net worth over £12 Billion.
The freeholders argue that reforms to protect leaseholders breach their rights to property as enshrined in the European Convention on Human Rights. The legal challenge will be brought before a Judicial Review due to be heard at the High Court in July.
This challenge is an unbelievably cynical but not unexpected move by freeholders who will, routinely and without hesitation, abuse the rights of those living on their land. Most of their land was stolen from public use through the land-grab enclosures of the 1700s.
The hearing was covered in Inside Housing. The article is behind a paywall but can be viewed here.
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Harry Scoffin, founder of the Free Leaseholders organisation, assembled a coalition of tenant and resident groups, including SHAC, and secured free legal representation from top level solicitors and barristers at Bindmans and Thomas More Chambers.
The coalition then sought ‘intervener’ status at the judicial review. That is, asked to give evidence on behalf of those with lived experience of the problems caused by leasehold, and make sure that their voices were heard.
The question of whether evidence collated by campaign groups could be presented to the judicial review was reviewed at the High Court on Friday 23rd May. It was roundly rejected by the judge.
Harry Scoffin pictured left (Free Leaseholders) and Shula Rich (Brighton Hove and District Leaseholders Association) pictured right
Ironically, one of the reasons given was that these groups were having to rely on free legal advice, which demonstrates just how firmly access to justice is confined to the wealthy, landowning class.
A second reason was that government, as an elected body, already represents leaseholders. The fact that government also serves the interests of freeholders was apparently disregarded.
The Fight Continues
Although we did not win this particular battle, it is not the end of the road for our challenge. Free Leaseholders has brought together a strong alliance of campaigners, and this unified voice has not been silenced by the setback.
The coalition includes Free Leaseholders, SHAC, the Federation of Private Residents’ Associations, the Brighton Hove and District Leaseholders Association and the Home Owners Rights Network (HorNets).
25 May 2025
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