COMMONHOLD & LEASEHOLD REFORM ACT 2002

For a consise guide to the Act and its coming into force you can do no better than look first at the summary provided by The Leasehold Advisory Service (LEASE).

The following references are listed in chronological sequence.
This is intended as a rough guide to the history of the bringing into operation of the Act only. Persons wishing to derive quotes from what follows shouold use the links and refer to the documents directly.

Since at least the commencement of recorded history, leasehold has been recognised as a key mechanism by which Lords have retained wealth and power over their tenants. We might ask why the governing party, having recently identified it as feudal, would then choose to introduce the Commonhold Leasehold Reform Bill via the House of Lords rather than the House of Commons where Bills normally start and whether this influenced the finaloutcome.
(Those wishing to research the history of leasehold need to commence with the Babylonians, trace its use by the Romans and the Anglo Saxons before they get to the Normans)

It should be noted that many of the sections in the Act were brought in part at a time and some sections are still not in operation 5 years after the Act was past and a full decade since it was conceived.

1995

1995 October An end to Feudalism
Frank Dobson MP as shadow secretary of State for the Environment
Nick Raynsford MP as Shadow Minister for Housing
1995 Labour Party committment to "give effective help for leaseholders who have been betrayed by the Tories": "cutting Tory red tape" and providing new opportunities for leaseholders to own and manager their homes" (Commonhold)

1998

1998 November Consultation press release

1998 November Consultation. DETR. Read the forward by Hilary Armstrong then Minister of State

2001

2001 June 21st. 15.24pm Column 25 First Reading In the Lords

2001 July 4th. Select Committee on Delegated Powers and Regulatory Reform In the Commons

2001 July 5th. 16.05pm Column 885 Second Reading In the Lords

2001 September Labour Party Conference.
In reply to a question from from the floor, asked by Shula Rich of the Leasehold Enfranchisement Association, Lord Falconer of Thoroton who was at the time as Lord Chancellor taking the Commonhold and Leasehold Reform Bill through its stages in the House of Lord stated that the Bill was the result of a bargain between the interested parties. This issue was subsequently taken up by Lord Jacobs on four ocassions in 2002 (see below) and not refuted. The Bill was certainly not the result of a bargain with the organisations representing leaseholders that are to this day still campaigning for its replacement with new legislation.

2001 September 14th. Policy Position Paper: Leasehold Reform from the British Property Federation (BPF).

2001 October 16th. 15.25pm Column 482 Committee Stage In the Lords. Continued through until 2001 October 22nd 20.12 pm Column 894

2001 November 13th. 15.25pm Column 463 Report Stage In the Lords. Adjourned at 19.23pm Column 526 resumed again at 20.33pm Column 542House adjourned at 21.25pm

2001 November 19th. 17.27pm Column 907 Third Reading In the Lords. Continued until 19.50pm when it was ready to go to the Commons.

2001 December 14th. House of Commons Library Research Paper 01/115 The Commonhold and Leasehold Reform Bill: HL Bill 51 of 2001-02

2002

2002 January 8th. 15.47 pm Column 422 Second Reading. In the Commons. Concluded Second Reading at 21.59 pm or soon after. Barry Gardiner MP's keynote speech was at 19.33pm

2002 January 15th. 10.30 am Column 3 Standing Committee D 1st sitting In the Commons.

2002 January 15th. 16.30 pm Column 39 Standing Committee D 2nd sitting In the Commons.

2002 January 17th. 09.30 am Column 65 Standing Committee D 3rd. sitting In the Commons.

2002 January 17th. 14.30 am Column 91 Standing Committee D 4th sitting In the Commons.

2002 January 22nd. 10.30 am Column 111 Standing Committee D 5th sitting In the Commons.

2002 January 22nd. 10.30 am Column 149 Standing Committee D 6th sitting In the Commons.

2002 January 24th. 09.30 am. column 167 Standing Committee D 7th sitting In the Commons.

2002 January 24th. 14.30 am. column 195 Standing Committee D 8th sitting In the Commons.

2002 January 31st. 12.30 pm Pursuant to the report of 24th January 2002 from Standing Committee D, the Order of 8th January 2002 (Commonhold and Leasehold Reform Bill [Lords] (Programme)) varied.

2002 March 26th.Column WA31 Lords Questions The Lord Chancellor (Lord Irvine of Lairg) 1st. attempt to answer Lord Jacobs question on CLARA as a "bargain"

2002 April 24th.Column WA31 Lords Questions The Lord Chancellor (Lord Irvine of Lairg) 2nd. attempt to answer Lord Jacobs question on CLARA as a "bargain"

2002 May 1st. Column 681 Royal Assent

2002 May Explanatory Notes to Commonhold and Leasehold Reform Act 2002 Chapter 15

2002 May Commonhold and Leasehold Reform Act 2002 Chapter 15,
This is now the principle Act for leaseholders to reference.

2002 May 13th. Column 106 Lords Questions The Lord Chancellor (Lord Irvine of Lairg) 3rd. attempt to answer Lord Jacobs question on CLARA as a "bargain".
This response makes mention of having in the run up to the passing of the Bill with members of Leasehold Enfranchisement Association (LEA), the Campaign for the Abolition of Residential Leasehold (CARL) and the British Property Federation (BPF). For an idea of where the BPF see leasehold reform you can read their position paper from 2001 September 14th.

2002 July 16th. Column 134 Lords Questions The Lord Chancellor (Lord Irvine of Lairg) 4th. attempt to answer Lord Jacobs question on CLARA as a "bargain"

2002 July Statutory Instrument 2002 No. 1912 (C. 58) The Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (England) Order 2002. 2002 July 17th.
Brings the Commonhold & Leasehold reform Act 2002 Section 74 (partially), Section 78 (partially), Section 80 (partially), Section 84 (partially), Section 92 (partially), Section 110 (partially), sections 114 to 120, Section 122 partially, Section 125 and 127 to 147, section 151 partially, sections 152, 153 and 156 (partially), Sections 160 to 162, section 164, 166 167 and 171 partially, Section 174 and Schedule 12 (partially), Section 176 and Schedule 13 (partially) Provision coming into force on 2002 July 26th.
Brings the Commonhold & Leasehold reform Act 2002 Section 151 - this is complex and cannot be summarised. It is necessary to read the Commencement Order itself. Provision coming into force on 2003 October 31st.

2003

2003 August Statutory Instrument 2003 No. 1986 (C.82)The Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (England) Order 2003. 2003 August 4th.
Brings the Commonhold & Leasehold reform Act 2002 Sections 71 to 73 and Schedule 6, Section 74 remainder, Sections 75 to 77, Section 78 remainder, Section 79, Section 80 remainder, Sections 81 to 83, section 84 remainder, sections 85 to 91, Section 92 remainder, Sections 93 to 103 and Schedule 7, Sections 105 to 109, section 110 remainder, sections 111 to 113, sections 148 to 150 and schedule 9, Section 155, Section 157 and Schedule 10 partially, Section 158 and Schedule 11, Sections 159 and 163, 172, 173, 175 and Sections 174 and Schedule 12 and Section 176 and Schedule 13 partially Provision coming into force on 2003 September 30th.
Brings the Commonhold & Leasehold reform Act 2002 Sections 42, 62, 64 to 67 and Partially Sections 69 to 70 Provision coming into force on 2003 October 31st.

2003 September Statutory Instrument 2003 No. 2377 (C. 91)The Commonhold and Leasehold Reform Act 2002 (Commencement No. 3) Order 2003. 2003 September 8th.
Brings the Commonhold & Leasehold reform Act 2002 Sections 42, 62, 64 to 67 and Partially Sections 69 to 70 Provision coming into force on 2003 September 8th.

2004

2004 June Commonhold and Leasehold reform Act 2002 - A Consultation Paper on Accounting for Leaseholders' monies and summaries of tenants rights and obligations.

2004 July 14th Statutory Instrument 2004 No. 1832 (C. 76)The Commonhold and Leasehold Reform Act 2002 (Commencement No. 4) Order 2004
Brings the Commonhold & Leasehold reform Act 2002 Sections 1 to 20, Sections 21(1) to (3) and (6) to (10), sections 22 to 41, 43 to 61, 63 and 68 and the remainder of Sections 69 and 70 (remaining from 2003/1377) into operation. Provision coming into force on 2004 September 27th.

2004 November 16th Statutory Instrument 2004 No. 3056 (C.127)The Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004
Brings the Commonhold & Leasehold reform Act 2002 Section 180 in so far as it relates to the repeal of Schedule 14 of Section 104, Section 126, Section 157 and Schedule 10 (in so far as it relates to paragraph 16 of Schedule 10), Section 164 Remander, Section 165, Section 166 to 167 remainder, Sections 168 to 170, Section 171 remainder, Section 172 partially, Sections 172 and Schedule 13 remainder, into operation. Provision coming into force on 2005 February 28th.

2005

ODPM News Release 2005/0156 Accounting for service Charge Monies: The Way Forward

2007

2007 January Social Sector Working Party Major works charges for social sector leaseholders: Report to Baroness Andrews OBE Parliamentary Under-Secretary of State Communities and Local Government. January 2007 [30 pages]

2007 April Statutory Instrument 2007 No. 1256 (C. 55)Commonhold and Leasehold Reform Act 2002 (Commencement No.6) (England) Order 2007. 2007 April 16th.
Brings the Commonhold & Leasehold reform Act 2002 Section 153 into operation. Section 153 requires a landlord to send a summary of a tenant's right and obligations in relation to service charges with service charge demands. This commencement Order also includes a list of the commencement orders relating to CLARA that precede it. Provision coming into force on 1st October 2007

2007 July Commonhold and Leasehold reform Act 2002 A Consultation Paper on Regular Statements of Account and Designated Client Accounts

2008

2008 January 16th Regular statements of Account and Designated Client Accounts - Consultation - Summary of responses

2008 March 5th "We the undersigned petition the Prime Minister to Abolish Leasehold." Denis Knowles had posted an e-petition on Prime Minister's web site. It did not attract a notable number of signature but is very significant in the daft response that it attracted from the Prime Minister's office that includes "Commonhold was provided for as an alternative to leasehold as part of Government's commitment to promote housing choice." Choice is usually advocated for the 'consumer' (if you want to call tenants consumers), here we have it being advocated for the supplier (the landlord). Refer to the documents that lie behind the references above as much as you like and it is doubtful if you will find any reference being made to Commonhold as an element of choice at the time when the bill was in formation.Hilary Armstrong MP's introduction to the Government consultation in 1998 for instance makes mention that "The Government believes the leasehold system is fundamentally flawed", which remains the case, but there is no mention of "choice". Perhaps this simply serves to illustrate once again that people who understand, or care, what leasehold is are as rare as hen's teeth even at the highest levels of Government.