Shared ownership leases

New housing development - Canva - 050624

Is a shared ownership lease where the tenant has not yet “staircased” to a 100% interest a “long lease” for the purposes of the Commonhold and Leasehold Reform Act 2002 (and/or the Leasehold Reform, Housing and Urban Development Act 1993)? The case-law on this point is somewhat inconsistent. In Richardson v Midland Heart Ltd [2008] L & TR 31, the High Court held that, in such a scenario, there was not a “long lease” but in Brick Farm Management Ltd v Richmond Housing Partnership Ltd [2005] EWHC 1650 (QB) and Corscombe Close Block 8 RTM Co Ltd v Roseleb Ltd [2013] UKUT 81 (LC), the High Court and Upper Tribunal held that it was. The Court of Appeal is now set to resolve this conundrum, having granted permission to appeal in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd. Justin Bates and Katherine Traynor act for the appellant freeholder.

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