Leasehold and Freehold Reform Act 2024 – Judicial Review

By Tracey Taylor

Associate Solicitor

06 February 2025

Insights News

As many of you know who are reading this article there have been many promises by the Government to provide leaseholders with more rights and protections to make extending their Lease or buying their freehold easier and cheaper.  The Leasehold and Freehold Reform Act 2024 obtained Royal consent on 24 May 2024 as the last piece of legislation passed in the wash up before Parliament was prorogued.

However, not everybody was happy with the proposed changes albeit that the Act has not actually come in force yet (save for some very minor matters). 

As such, the John Lyons Charity issued an application for a Judicial Review against the Government; arguing that the Leasehold and Freehold Reform Act 2024 would jeopardise the financial stability and operational capacity of a hand full of charities that depend on property assets for funding. John Lyons Charity warned that many organisations rely on their charity as their primary or sole source of funding.  They have indicated that it could lose over £1million pound annually and would put organisations and jobs at risk.

In light of that, John Lyons Charity along with five other claimants have now been given permission to apply for a Judicial Review of various provisions within the Leasehold and Freehold Reform Act 2024, including the removal of the payment of marriage value from enfranchisement premiums.

In a recent hearing at the Royal Courts of Justice it was decided that the six claims should proceed to a substantive hearing to decide whether the specific provisions of the Leasehold and Freehold Reform Act should be declared to be incompatible with the right to property under the Human Rights Act 1998.  The matter has been listed for a substantive hearing in July 2025.

The recent decision has been hailed as a great result for John Lyons Charity and potentially other charities in the Country.

If you are a tenant looking to extend your lease, or if you are a Landlord on the receiving end of a request to extend a lease, Taylor Walton have a designated Commercial Property Department with experienced solicitors that will be able to help you with what is becoming an ever increasing complex area of law. To make contact with one of the team please send us your details via our online form.

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