Nearly Legal: Housing Law News and Comment

Of new tenancy terms and unfortunate neologisms

It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018, (version 2, or 4, depending on how you count it), is in force for all new tenancies of under seven years, or new periodic tenancies. The implied term that a let dwelling will be fit for human habitation at the start of the tenancy and kept in that condition throughout will be in its first tenancies today.

Now (or in a little while), we will get to see what the courts make of it. But forgive me a moment of happiness.

….

OK, I have had my moment. Now back to things that need changing. The Commons Housing, Communities and Local Government select committee has published its report on its inquiry into leasehold reform. The full report is well worth reading. (For transparency, I gave evidence to the committee and am cited here and there.)

The headline recommendations are:

Mostly, these are very sensible recommendations, though interfering with existing lease terms is, to put it mildly, not going to be easy. However there is one recommendation that I simply cannot accept:

There are clearly very significant differences between the freehold and leasehold tenures, but these are not always apparent to prospective leaseholders at the point of sale. As we will come on to recommend, this should be made much clearer to prospective purchasers from the start of the sales process. Our view is that it would be more appropriate to refer to this tenure as ‘lease-rental’. The Government and others may wish to use this terminology in future publications and policy statements.

No, no, no, no. Not about the principle, but that is an awful coinage. An ugly, lumpen, cut and shunt of a failed portmanteau with the gap between front and back showing.  I like words, some of my best friends are words, but I could never welcome that term into my home. We can do better than that…

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