Chancel repair liability and leasehold included in Law Commission’s programme of reform

The Law Commission have announced that leasehold and chancel repair liability will be among the projects they plan on exploring in the near future.

Today (14/12/17), the Commission announced its law reform programme, setting out which areas of law would be looked at during the next three years; the consultation on this, they stated, received a record amount of feedback with over 1,300 responses.

The Commission has stated that its focus has been on reforms which will reduce unfairness for citizens, as well as those which will help to improve the UK international competitiveness.

One of the most topical areas the Commission are set to look at is residential leasehold, having highlighted a number of received responses which were highly critical of certain aspects of the current legislation. These included lease administration fees, rights of first refusal and service charges.

Also included in the 13th programme of reform was chancel repair liability, with the Commission’s report highlighting the uncertainty surrounding the legal status of the liability. As set out in the report, the aim of focussing on this would be to close the loophole in order to bring greater clarification, as well as eliminating the existing practice of purchasers having to search or insure against the risk of liability. This, the Commission states, costs approximately £20 million each year.

Commenting on the response to the consultation and the areas of reform was Sir David Bean. The Law Commission Chair and Court of Appeal judge stated: “Our 13th Programme of Law Reform attracted unprecedented interest across a broad range of areas. The Commission has now refined these ideas into what I believe is a highly relevant and important series of law reform projects.

“We want to help tackle injustices by making the law simpler, clearer and fit for the future.

“We will also be making sure the law supports cutting edge technical innovation such as automated vehicles and smart contracts.

“Although we are operating in uncertain times, I am confident that our independence and ability to build consensus will help ensure that Parliament can take forward law reform in these areas.”

The full report can be accessed here.

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