Lease Extension Policies for Residential Properties

Question

Asked by

To ask His Majesty’s Government, further to the remarks by Baroness Williams of Trafford on 24 May (HL Deb col 1368) where she relayed undertakings of the Crown, when they expect the Crown to publish their new lease extension policies for residential properties.

My Lords, I thank my noble friend for his Question. The Crown has agreed to act by analogy with the new Leasehold and Freehold Reform Act 2024, subject to the specific condition set out in the undertaking. This will improve home ownership for most Crown leaseholders, but it is a matter for the Crown to determine when it will publish its new lease extension policies. The Government anticipate that the Crown policies of the relevant Crown bodies will be published no later than when the relevant provisions in the Leasehold and Freehold Reform Act come into effect.

I am grateful to my noble friend for that Answer. This was a Crown undertaking, given by the then Minister over two months ago. Hundreds of leaseholders on the Isles of Scilly and elsewhere are dying to know whether their 40-year leases can be extended in the way that the rest of the country achieved with the leasehold reform Act. Could my noble friend go back to the Crown and maybe instruct the Duke of Cornwall to publish this document, which will give comfort to these tenants? Could she also provide an opportunity for the House to debate that document, if and when we ever see it?

I thank my noble friend for his championing of Crown leaseholders and the Scilly Isles, and for this offer to visit. You do not have to be a Foreign Office Minister to go to beautiful and exotic places. The undertaking confirms that the Crown will act by analogy, but it is well established that Acts of Parliament for England and Wales do not bind the Crown unless the Act expressly states that this is the case or does so by necessary implication. Instructing the Duke of Cornwall is probably a bit beyond my ministerial powers. The undertaking for the Act delivers similar improvements to those that leaseholders would have if the Leasehold and Reform Act 2024 were to bind the Crown directly. The difference is therefore largely a matter of delivery. Binding the Crown to the Act’s provisions is therefore felt to be unnecessary.

But does the Minister remember the debate on an amendment to the then leasehold Bill in my name on this very subject? Although as she said, in a nutshell, the Crown Estate is not bound by the law on enfranchisement, it voluntarily agreed 30 years ago, when I was the responsible Minister, to abide by its provisions. It has broadly done so in respect of freeholds that it originally owned, but it is not doing so in respect of freeholds that it acquires by an obscure process known as escheat. I believe this is contrary to the agreement that I reached with it 30 years ago, so will the Minister agree to support my amendment to the Crown Estates Bill to close this loophole?

My Lords, as the noble Lord says, when property becomes ownerless, the land and buildings escheat to the Crown. That includes the Crown Estate and the royal duchies of Lancaster and Cornwall. If a purchaser is interested, the Crown can sell it so it goes back into private ownership, or the leaseholders are able to collectively purchase the freehold from the Crown. The Government recognise very much that when a freehold becomes ownerless it causes significant problems for leaseholders, but ownerless goods and escheat are complex areas of law, as I have discovered since I heard the noble Lord’s original discussion on this, and need to be considered very carefully. The Law Commission has flagged ownerless land as a possible project for inclusion in its 14th programme of law reform; I think we will be very interested to see what comes out of that review.

My Lords, can I segue a little from Crown Estate tenants, if the noble Baroness will forgive me? We have 5 million leaseholders in limbo land waiting for the enactment of the 2024 Act. Indeed, we were promised in the recent King’s Speech a new leasehold and commonhold Bill—I see a big smile from the Government Chief Whip there. Therefore, could the noble Baroness urge the Government to set out a timetable as soon as possible for both these things, as limbo land is not a good place to be? Leaseholders have already waited long enough for this much-needed reform.

The noble Baroness will know that I agree with her sentiments. I have certainly already had the Chief Whip speak about this. As outlined in the King’s Speech, the Government will provide home owners with greater rights, powers and protections over their homes by, first, implementing the provisions of the Leasehold and Freehold Reform Act 2024. Some of that has already been enacted, but there will be a need for some secondary legislation to do the rest. We will then further reform the leasehold system by enacting remaining Law Commission recommendations —which we tried to do with amendments but were not successful—relating to leasehold enfranchisement and the right to manage; tackling unregulated and unaffordable ground rents; and removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with the lease agreement. We will take steps to bring the feudal leasehold system to an end, reinvigorating commonhold through a comprehensive new legal framework.

My Lords, the Crown Estate owns the seabed around England and Wales. Is it the Government’s opinion that it should use that influence of ownership to stop particularly destructive fishing practices, such as scallop dredging? It could end that here and now.

The noble Lord will not be surprised to learn that I do not have particular information about scallop dredging. However, a Crown Estate Bill will come forward as part of the King’s Speech legislation. This will modernise the Crown Estate by removing some of the outdated restrictions on its activities. The measures that will come forward will widen investment powers and give the Crown Estate powers to borrow to invest at a faster pace. Those reforms will ensure the successful future of Crown Estate business and help meet the clean energy superpower mission. I will come back to the noble Lord with a Written Answer on the issue of scallop dredging.

My Lords, it would not be reasonable to ask the Minister to talk in detail about scallop dredging, but I think it would be reasonable to ask her to make sure that the regulations, when changed under the new law, enable the Crown Estate to stop the terrible destruction on the seabed, which is very damaging in respect of climate change. All sorts of bottom trawling ought to be banned. The Crown Estate ought to have the power, as it owns the seabed, to say, “No more of that kind of behaviour”.

I thank the noble Lord for those comments. The Government want to do everything they can to protect the environment and tackle climate change. As we go through the process of the Crown Estate Bill, I am sure noble Lords will want to get involved in the consultation and submit amendments. I encourage the noble Lord to do so.