What You Should Know About Lease Contracts in the UK

Nearly 4.5 million households in England and Wales live in leasehold properties, and the rules that govern those leases are about to change more dramatically than anything we’ve seen in decades. That figure alone tells you this isn’t a niche issue — it affects millions of people who own a home but don’t own the land it sits on. I’ve been writing about UK property law for long enough to know that leasehold reform has been promised before, but the draft legislation published in January 2026 is different. It’s detailed, it’s ambitious, and parts of it are already in force.

4.5 million
Leasehold households in England and Wales
gov.uk

31 Jan 2025
Two-year ownership rule abolished
anthonygold.co.uk

£250
Proposed annual ground rent cap
enact.co.uk

~20
Commonhold developments since 2002
enact.co.uk

The problem is that most leaseholders don’t realise how much of this reform is already law and how much is still stuck in the legislative pipeline. If you act on what you think is coming rather than what’s actually in force, you could make an expensive mistake. Here’s what you actually need to know.

If you’re currently renting rather than owning, the same principles of understanding your agreement apply — decoding the jargon in your tenancy agreement is just as important as knowing your leasehold rights. And if you’re a leaseholder wondering whether you need professional advice right now, a tenant landlord lawyer can help you understand where you stand under current law.

Two-year wait is gone
You can now extend your lease or buy your freehold immediately after purchase. The old two-year ownership rule was abolished on 31 January 2025.

Ground rent cap proposed
The draft Bill would cap ground rents at £250 per year, dropping to zero after 40 years. This would apply to many existing leases, not just new ones.

Marriage value not yet gone
The abolition of marriage value — which can add thousands to the cost of extending a short lease — is not expected until 2027 or 2028.

New leasehold flats to end
Most new flats would be sold as commonhold rather than leasehold under the proposed ban, with limited exceptions.

What Leasehold Actually Means and Why the Definition Matters Now

The most important thing to understand about leasehold isn’t the textbook definition — it’s the consequence. When you buy a leasehold property, you own the building but not the land it stands on. That means you have a ticking clock on your ownership, and the shorter that clock gets, the more it costs you to fix it. The reforms are trying to change that dynamic, but they’re doing it in stages.

Leasehold
A form of property ownership where you own the building for a fixed period (the lease term) but not the land. The freeholder owns the land and can charge ground rent and service charges.

What I tend to notice is that people focus on the headline reforms — the ban on new leasehold flats, the ground rent cap — and assume everything has changed. It hasn’t. The essential guide to finding your ideal UK apartment is still relevant because the basics of what you’re buying haven’t shifted overnight. The key is knowing which parts of the reform are live and which are still theoretical.

Why the Timing of These Reforms Affects Your Wallet Right Now

Here’s where it gets practical. If your lease has dropped below 80 years, you are currently still liable for marriage value — that’s the theoretical increase in your flat’s value after a lease extension, and you have to pay 50% of it to your freeholder. The reform that abolishes marriage value is not yet in force and is unlikely to be until 2027 or 2028. That means waiting could save you thousands, but it also means your lease keeps shrinking, which makes the property harder to sell.

Consider this scenario: your flat has 78 years left on the lease. Under current law, extending it costs you a premium that includes marriage value. If you wait until the reform kicks in, that cost drops significantly. But if you need to sell in the next two years, a lease under 80 years is a major deterrent for buyers. You’re caught between a financial penalty now and a practical problem later.

The negotiation tactics that work for renters don’t apply here — this isn’t about haggling. It’s about understanding a legal framework that is shifting beneath your feet. My advice would be to get a professional valuation of your lease extension cost under current law, then model what it would look like after the marriage value abolition. That comparison tells you whether to act now or hold tight.

The 80-Year Cliff Edge
Once your lease drops below 80 years, marriage value becomes payable — typically adding 50% of the theoretical uplift in property value to your extension cost. The reform abolishing this charge is not expected until 2027 or 2028, so leaseholders with leases under 80 years face a difficult timing decision.

If you’re unsure where you stand, speaking to a property lawyer who specialises in leasehold can clarify your options without committing you to a costly process.

Where Leaseholders Commonly Get Tripped Up by the Reforms

The biggest mistake I see is people assuming the draft Bill is already law. It isn’t. The Draft Commonhold and Leasehold Reform Bill was published in January 2026, but it’s only at the pre-legislative scrutiny stage. That means it could change, be delayed, or even stall entirely. Acting as if the reforms are in place could lead you to make decisions that cost you money under current law.

→ Scroll right to see all columns

Source: Anthony Gold leasehold analysis
ReformStatusExpected Timeline
Abolition of two-year ownership ruleIn force31 January 2025
Right to Manage changesIn force3 March 2025
Ground rent cap (£250/year)ProposedUnknown
Abolition of marriage valueProposed2027 or 2028
Ban on new leasehold flatsProposedUnknown
990-year standard lease extensionsProposedNot yet in force

Assuming the ground rent cap applies to your lease now

The proposed cap of £250 per year, dropping to a peppercorn after 40 years, would be a major shift. It would apply to many existing leases, not just new ones. But it is not yet law. If you’re currently paying ground rent above £250, you cannot stop paying it based on a proposal. You would be in breach of your lease. The reform is significant, but it’s not enforceable until the Bill receives Royal Assent.

Waiting for marriage value abolition without a plan

This is the most consequential trap. Marriage value can add tens of thousands of pounds to the cost of extending a lease under 80 years. The reform to abolish it is real, but it’s been challenged legally — a judicial review was dismissed in October 2025, but the implementation is still years away. If your lease is approaching 80 years, waiting without a backup plan is risky. You could end up with a lease so short that it becomes unmortgageable.

Ignoring the Right to Manage changes already in force

Since 3 March 2025, leaseholders in mixed-use buildings can exercise the Right to Manage if the non-residential floor space is under 50% — up from the old 25% limit. Each party now bears their own costs unless the tribunal orders otherwise. If you live in a building with a shop or office on the ground floor, you may now be eligible to take over management when you weren’t before. Many leaseholders don’t know this change has already happened.

Believing forfeiture has already been abolished

The draft Bill proposes to abolish forfeiture — the mechanism that can theoretically let a freeholder take your home over relatively small arrears. But this is not yet law. Forfeiture still exists. If you are in arrears, you are still at risk. The reform would replace forfeiture with a court-supervised process, but until that happens, the old rules apply.

If you’re dealing with a dispute over service charges or ground rent, a tenant landlord lawyer can advise on your current legal position without waiting for reforms that may not arrive for years.

What You Can Actually Do Now to Protect Your Position

Writing about topics like this takes real time and research. If you buy something through an Amazon link on this page, I may earn a small commission — at no extra cost to you. It’s one of the things that makes it possible to keep BritWealth free to read. I only link to products that are genuinely relevant to the article.

The reforms are real, but they’re phased. Here’s what you can do right now to make sure you’re not caught out by the gap between what’s promised and what’s in force.

Get a professional valuation of your lease extension cost under current law

You cannot make a smart timing decision without knowing the numbers. A surveyor specialising in leasehold enfranchisement can calculate the premium you’d pay today, including marriage value if your lease is under 80 years. Then ask them to model the same extension under the proposed reforms — without marriage value, with the new ground rent cap, and with the 990-year term. The difference tells you whether waiting is worth the risk. If the saving is modest and your lease is heading toward 80 years, acting now may be the safer call.

Check your eligibility for Right to Manage under the new rules

If your building has commercial space, check whether the non-residential floor area is under 50%. If it is, you may now qualify for RTM where you didn’t before. The process involves forming a RTM company, serving notice on the freeholder, and then taking over management. You no longer have to pay the freeholder’s legal fees for the claim. This is one of the few reforms already in force, and it’s widely underused.

Understand the commonhold conversion pathway

The draft Bill proposes that existing leaseholders can convert to commonhold if at least 50% agree. Commonhold means you own your property outright with no landlord and no ground rent. Only about 20 commonhold developments have been created since 2002, so the process is unfamiliar to most solicitors. If you’re in a block where leaseholders are frustrated with the freeholder, this is worth discussing with a specialist now — the legal framework is being simplified, but early movers may face fewer procedural bottlenecks.

Prepare for the ban on new leasehold flats

If you’re planning to buy a new-build flat, the ban on leasehold sales is coming. Most new flats would be sold as commonhold instead. That changes what you’re buying — no ground rent, no freeholder, but also a less established legal framework. If you’re considering a new-build purchase in the next 12 to 18 months, ask the developer explicitly whether the property will be leasehold or commonhold. The answer affects your long-term costs and your resale value.

  • 1
    Get a current lease extension valuation
    Instruct a surveyor to calculate the premium under today’s law, including marriage value if applicable. Then ask for a modelled cost under the proposed reforms to compare.

  • 2
    Check RTM eligibility for your building
    Measure the non-residential floor space. If it’s under 50%, you can form a RTM company and serve notice. The freeholder no longer gets to claim their legal fees from you.

  • 3
    Discuss commonhold conversion with neighbours
    If at least 50% of leaseholders in your block agree, conversion to commonhold may become viable under the new Bill. Start the conversation early.

  • 4
    Ask developers about tenure before buying new-build
    With the ban on new leasehold flats approaching, confirm whether a new-build flat will be leasehold or commonhold. This affects ground rent, service charges, and resale.

If you’re buying a new-build and want to understand the implications of commonhold versus leasehold, a real estate lawyer can walk you through the differences before you commit.

Frequently Asked Questions

Can I extend my lease immediately after buying now? ▾
Yes. The two-year ownership rule was abolished on 31 January 2025. You can extend your lease or buy your freehold as soon as you complete the purchase.
Will the ground rent cap apply to my existing lease? ▾
The draft Bill proposes capping ground rents at £250 per year for most existing leases, dropping to zero after 40 years. But this is not yet law. You must continue paying your current ground rent until the reform passes.
What happens if my lease is under 80 years and I wait for reform? ▾
Waiting could save you the marriage value cost, but your lease keeps shrinking. A lease under 80 years is harder to sell and may become unmortgageable. You need to weigh the potential saving against the practical risk.
Can my freeholder still take my home for minor arrears? ▾
Yes. Forfeiture has not been abolished yet. The draft Bill proposes replacing it with a court-supervised process, but until that becomes law, the current forfeiture regime still applies.
How do I know if my building qualifies for Right to Manage now? ▾
If the non-residential floor space in your building is under 50%, you likely qualify. The old limit was 25%. This change came into force on 3 March 2025. Check your building’s floor plan or ask your managing agent.
Will new flats still be sold as leasehold? ▾
The draft Bill proposes banning most new leasehold flats, requiring commonhold instead. This is not yet law. If you’re buying a new-build, ask the developer which tenure applies and what the transition timeline looks like.

If you’re dealing with a specific dispute or need clarity on your lease terms, a tenant landlord lawyer can give you advice based on current law, not proposed reforms.

What to Do Next

The leasehold reforms are real, but they’re arriving in pieces. The two-year ownership rule is gone. The Right to Manage changes are in force. Everything else — the ground rent cap, the marriage value abolition, the ban on new leasehold flats — is still proposed. The smartest move you can make is to get a professional valuation of your current position, compare it to what the reforms would change, and decide whether acting now or waiting makes more sense for your specific situation. Don’t assume the future rules apply today.

If this was useful, you might also want to read what to know about early move-out penalties when renting.

Sources and Further Reading

Renters insurance UK: what you need to know to protect your belongings — If you’re renting, this guide explains how to cover your possessions without overpaying.

Government announces major leasehold reform proposals – Why leaseholders should still rely on today’s law. Anthony Gold, 2026.

Everything you need to know about leasehold reform in 2026. Enact, February 2026.

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Sam Willy

I’m Sam Willy, one of the bright minds behind BritWealth.com, where I share insights, stories, and fun ideas about a wide range of topics—finance included, but not limited to it! My journey into the world of writing began with a simple hobby: sharing the things that fascinated me. From quirky facts to deeper dives into personal development, I’ve always been curious about the world around me and love passing that knowledge on.
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