ao link

Commonhold is coming, but will it drive standards up for managing agents?

Commonhold could be the default tenure on the sale of new flats by the end of this decade. It’s time to prepare, says Andrew Bulmer, chief executive of professional body The Property Institute (TPI)

BlueSky IHLLinkedInX/Twitter IHLeCard
Sharelines

LinkedIn IHLCommonhold could be the default tenure on the sale of new flats by the end of this decade. It’s time to prepare, says Andrew Bulmer, chief executive of The Property Institute #UKhousing

The government’s policy on ground rents may have captured the headlines, but, for me, the standout announcement on the draft Commonhold and Leasehold Reform Bill was the move to make commonhold a workable tenure – indeed, the tenure of default, with a future ban on the sale of leasehold flats.

It was the will of parliament in 2002 to have a workable commonhold system. Instead, what was delivered was ineffective and full of legislative holes. There was a lack of incentive to adopt it on new developments, and a high bar to convert existing developments (100% of all qualifying leaseholders).

No one, least of all the government, had driven preparedness. As a result, most parties to the homebuying process – lenders, conveyancers and insurers – were ill-prepared.


Read more

Landlords ‘acting with impunity’ over leasehold major works rules, says advice bodyLandlords ‘acting with impunity’ over leasehold major works rules, says advice body
The future of later living: less leasehold, more renting?The future of later living: less leasehold, more renting?
Unlocking growth in retirement living: what legal reforms do we really need?Unlocking growth in retirement living: what legal reforms do we really need?

Can it work now? Absolutely. A co-proprietor tenure is effective in most other countries, such as France, the USA, Australia, or closer to home in Scotland.

Will it happen? There have been a few false dawns that have bred deep scepticism in the housing and development sectors. The publication of the draft bill is a government statement of intent. There is also strong backbench support across all parties, and that leaves the government with little room for further delay.

If all goes well, commonhold could be the default tenure on the sale of new flats by the end of this decade. I would suggest, therefore, that the time for scepticism is over. It is time that we all start to prepare.

A useful consultation paper, issued alongside the draft bill, indicates that the impact will be negligible for some sectors, for example rental sectors such as social housing or build-to-rent. Besides these, the government indicates exemptions will be minimal.

“If all goes well, commonhold could be the default tenure on the sale of new flats by the end of this decade. I would suggest, therefore, that the time for scepticism is over. It is time that we all start to prepare”

For the development and housing management sectors, the unknown nature of commonhold may appear daunting, but both sectors have been adapting to the desire for more resident control over the past decade. Most large housing developers these days sell houses with 999-year leases, run by homeowners through resident management companies (RMCs), what the sector calls ‘commonhold-lite’.

The property management sector, which I represent, has experienced a sea change in homeowner-run blocks. About 60% of the buildings now managed by TPI members are under resident control or ownership, via RMCs or right-to-manage (RTM) companies, rather than owned by third-party landlords. A third of those blocks are owned by the residents, through collective enfranchisement.

The sector is therefore well used to working with homeowners on the management of their blocks.

The move to commonhold brings an associated issue into sharp focus which TPI, alongside many other stakeholders, has campaigned long and hard on: the regulation of managing agents, as recommended by the Regulation of Property Agents report produced by a working group chaired by Lord Best in 2019.

In a world where more homeowners are collectively choosing their managing agents, there should be some checks that those agents are qualified, competent and fit for purpose, rather than the current situation where effectively anyone can call themselves a property manager.

The recent building safety regulatory regime also highlighted the importance of owners and managers proving their competence. Should that seriously be left to anyone on the street?

The government has consulted on mandating qualifications in property management, and possibly also requiring continuing professional development (CPD) for the sector. At TPI, we welcome this proposal. It is a step already taken in the social housing sector, where mandatory qualifications for senior staff were introduced in October 2025.

“The government has consulted on mandating qualifications in property management, and possibly also requiring continuing professional development for the sector. It is a step already taken in the social housing sector”

The government has suggested it could mandate qualifications in property management through an arm’s-length arrangement, working with designated professional bodies. TPI might be one, should we be invited. TPI has invested heavily in a range of Ofqual-accredited and constantly updated qualifications and CPD for the profession. Mandating qualifications is not part of the draft bill though, but we hope it will be part of a full bill to follow.

The draft bill is being scrutinised by the Housing, Communities and Local Government Committee. This may pave the way for a full bill in the King’s Speech, and its publication in the second half of this year.

Of course, just because we may get a workable commonhold tenure, that doesn’t mean leasehold will disappear. A sizeable part of the existing leasehold sector will either choose not to convert, nor wish to spend the money on doing so, even with a lower threshold of a simple majority of qualifying leaseholders. Many property managers will therefore have to become experts in operating in both tenures.

The legislative process provides time for the professions, businesses and individuals who are impacted by commonhold to prepare. We must all use our time wisely.

In moving to a model where more homeowners will be running their blocks, there is a compelling case to mandate qualifications for managing agents, and to regulate our profession.

Andrew Bulmer, chief executive, The Property Institute


Sign up to our weekly Living newsletter


Inside Housing Living brings you exclusive analysis and big deals from the wider residential market, including build-to-rent, student living, later living, for-profit registered providers and more.

Already have an account? Click here to manage your newsletters.

Click here to register and sign up for the newsletter