Property Ownership in the UK

In the UK, home ownership is typically categorised into three main forms of tenure: freehold, leasehold, and commonhold. Each of these forms of ownership offers different rights and obligations, affecting everything from property maintenance to control over how the property is used. Understanding these distinctions is crucial for buyers, sellers, and property managers.

Freehold Ownership

Freehold is the most complete and unrestricted form of property ownership. When you own a freehold property, you own both the building and the land on which it stands. This provides full control over the property, with no time limits on ownership.

Freehold Houses
Houses in the UK are typically sold as freehold, meaning the homeowner is responsible for maintaining the property, insuring the building, and ensuring compliance with building control and planning regulations if any alterations are made. One key benefit of freehold ownership is that there is no need to pay ground rent to a landlord, a common requirement in leasehold properties. However, if a freehold house is part of an estate where communal services (such as roads or gardens) are shared, the owner may have to contribute towards the maintenance costs of these shared areas.

Share of Freehold
In some cases, flat owners may also own a share of the freehold for the building in which their flat is located. This usually occurs through a process called leasehold enfranchisement or collective enfranchisement, where leaseholders collectively purchase the freehold from the landlord. When a group of leaseholders acquires the freehold, they typically form a management company to manage the building's common areas. This arrangement gives flat owners more control over issues such as lease extensions, maintenance, and management decisions, eliminating the need to pay ground rent.

Flying Freeholds
A more unusual form of freehold is the flying freehold, where a part of a property overhangs or is located underneath land that is not part of the same freehold. This could include rooms that span across passageways or archways, or basements that extend under a neighbour's property. Because flying freeholds involve a complex overlap of ownership rights, they can complicate matters, especially when seeking a mortgage or selling the property, as lenders may require additional information before agreeing to finance.

Leasehold Ownership

Leasehold ownership is a more restricted form of property tenure in which you own the property but not the land on which it stands. This is common with flats and occasionally with houses. When you purchase a leasehold property, you enter into a contract with the freeholder or landlord, who retains ownership of the land. The lease grants you the right to live in and use the property for a set period, which is typically between 99 and 125 years, although some leases can last as long as 999 years.

Characteristics of Leasehold
Leaseholders usually have obligations set out in the lease, such as paying ground rent to the freeholder, contributing to the building's maintenance costs through a service charge, and adhering to certain restrictions. These restrictions might include prohibitions on running a business from the property, keeping pets, or making structural alterations without the freeholder's permission.

Leasehold properties typically involve ongoing costs. Historically, ground rents were low, often under £100 annually, but in recent years, some developers have implemented escalating ground rent clauses, which can make leasehold properties more expensive to own and difficult to sell. As a lease decreases in length, the value of the property can also decline, leading many leaseholders to seek lease extensions. This can be a costly process, especially when the remaining lease term is less than 80 years.

Buying the Freehold (Enfranchisement)
For leaseholders who wish to gain more control over their property, the process of enfranchisement allows them to buy the freehold of their house or a share of the freehold in the case of flats. This gives leaseholders more freedom to manage their property without the restrictions imposed by the landlord. The government has been exploring reforms to the leasehold system to make it fairer for buyers, especially regarding high and escalating ground rents.

Commonhold Ownership

Commonhold was introduced in 2004 as an alternative to leasehold ownership, particularly for multi-unit developments like blocks of flats. Under the commonhold system, individual unit owners hold the freehold of their units, while a commonhold association or residents' association manages the common areas, such as stairways, gardens, and communal spaces.

Benefits of Commonhold
One of the major advantages of commonhold ownership is that it provides flat owners with greater control over the management of their building. Since the unit holders collectively own and manage the common areas, there is no need for a separate freeholder or landlord. Unlike leasehold properties, commonhold units are not subject to ground rent, and the residents have the autonomy to make decisions about maintenance and repairs through their commonhold association. There is also no risk of the lease term expiring, as each owner holds the freehold of their unit indefinitely.

Challenges of Commonhold
Despite its potential benefits, commonhold has not gained widespread popularity in the UK. The system was intended to give homeowners more control over their properties compared to leasehold, but relatively few commonhold developments have been established since its introduction. The complexity of converting existing leasehold properties to commonhold and a lack of awareness about the system may account for its limited uptake. Nonetheless, the government has been considering reforms to make commonhold more attractive and accessible to homeowners, with the Law Commission consulting on changes to the system in 2018 and 2019.

In conclusion, freehold, leasehold, and commonhold are the three main types of property ownership in the UK, each offering different levels of control, responsibility, and financial obligations. As the UK government continues to examine reforms to these systems, it is essential for buyers to understand the implications of each ownership structure when making property decisions.