Law Commission publishes annual report
The Law Commission has published its annual report for 2020–2021. The report details the work undertaken by the Law Commission over the past year, which included launching a consultation on its 14th Programme of Law Reform and its reports in July 2020 on leasehold enfranchisement, right to manage and commonhold.
Enfranchisement, right to manage and commonhold
The report confirms that on 7 January 2021, following Law Commission reports in July 2020 relating to enfranchisement, right to manage and commonhold, and in January 2020 on the price paid on enfranchisement, Housing Secretary Robert Jenrick indicated that it was the Government’s intention to proceed with reforms that were based on some of the options set out in the January 2020 report and recommendations set out in the July 2020 report on enfranchisement. The Law Commission confirmed that the government is continuing its work considering the remainder of the Law Commission’s recommendations. The Law Commission confirmed that in the meantime, and to assist the government, it is undertaking preliminary work, such as preparing instructions to Parliamentary Counsel, that will be necessary to implement the options and recommendations that the government has said it will proceed with. The Law Commission is also undertaking preliminary work that will be necessary if the government accepts the remainder of its recommendations in due course.
In addition, the Law Commission confirmed that in March 2021, the Minister for Housing and Local Government in the Welsh Government had indicated her ‘support [for] the approach set out by the Law Commission recommendations’ and that it was her intention to ‘[seek] the UK Government’s agreement that…officials work together to explore a joint approach to legislation enacting the Law Commission’s recommendations’.
The Law Commission further confirmed that Professor Nick Hopkins (Commissioner for Property, Family and Trust Law) has been appointed to the Commonhold Council’s Technical Support Group.
Easements, covenants and profits à prendre
The annual report confirms that, at the government’s request, it is reviewing and updating its draft legislation given the passage of time (the Law Commission’s final report ‘Making Land Work: Easements, Covenants and Profits à Prendre’ and a draft Bill were published on 8 June 2011) and to take into account the implications of the government’s planned reforms of residential leasehold.
Land Registration Act 2002
In its full response on 25 March 2021, the government welcomed the Law Commission’s examination of the Land Registration Act 2002. It accepted 40 of the 53 recommendations and was further considering another ten recommendations on which it has not yet reached final conclusions. In its annual report, the Law Commission confirmed that the government has indicated that it will consider implementation alongside wider land registration, policy development and HM Land Registry business strategy priorities.
Termination of tenancies for tenant default
In March 2019, the Housing, Communities and Local Government Select Committee recommended that the government implement the Law Commission’s recommendations. In response the government asked the Law Commission to update its report. In the annual report, the Law Commission confirmed work on that has been undertaken during the reporting year, and is ongoing.
Rights to light
The annual report indicates no movement on this.
See: LNB News 21/07/2021 90.
Source: Annual report 2020-21 published.