Part of the debate – in the Senedd at 4:34 pm on 31 January 2018.
Commonhold is a model that I've been looking at, and I've been trying to understand why commonhold hasn't taken off in the past, what have been the barriers to it succeeding previously, and what could be done differently in future as part of that wider context of how to improve leasehold and so on, and freehold, within this particular sector.
I'll be developing awareness-raising materials and bespoke training to be made available to all of those involved in both buying and selling of property, and that includes leaseholders, estate agents, managing agents, conveyancers and freeholders, and I've already asked officials to set up a multidisciplinary task and finish group to expedite this piece of work. I also intend to put in place a voluntary code of practice to underpin these measures. This will help improve standards, promote best practice, and improve engagement between all parties. It will also set out clear expectations for leaseholders, freeholders and managing agents and will be of particular interest to those managing or living in homes where there is that need for joint management of communal areas and maintenance.
So, these are some of the things that I am taking forward right now, and I do believe that they will have an early and positive impact. But I do acknowledge that they are very much only part of the picture. So, I'm not shying away from the more fundamental issues around the future of leasehold as a tenure and alternatives that may be more appropriate in the modern housing market, such as commonhold, for example. Neither am I ruling out the possibility of legislation if working together with the industry fails to deliver the improvements in the practice that are so clearly needed. I will be measured and base my decisions on the solid evidence.
That is why I've tasked officials with commissioning research to understand the detail of some of the more complex issues around enfranchisement and the buying, selling and extension of leases as they specifically relate to Wales. I've asked them to engage with stakeholders as well, and this very much responds to that final ask that Mick Antoniw made in his speech at the start of the debate as well. It's also why I'm engaging with the Law Commission and their planned review in this area, and I think that will help answer some of those questions about competence. Because, of course, the answer often depends on the question that you ask in terms of competence, because so many of these areas do straddle areas of responsibility. But that piece of Law Commission work that we're engaging with I think will be particularly illuminating and useful.
I'm also keen to see what we can learn from other parts of the UK, including England, which faces similar challenges, but also keen to see what lessons we can draw from Scotland. Again, we've heard a little about the approach there, where they've taken a very different direction to tenure for properties with shared facilities. I do recognise, though, that even future legislative reform may offer little to those who feel that they have been unfairly treated in the past. This is why I've asked officials to work closely with LEASE to identify how existing leaseholders might be best supported. So, the measures I've spoken about here today and the further detail I'll be announcing very shortly can be delivered in the very short term without the need for legislation. That doesn't mean that I'm ruling out the need to consider future legislative options, but it does reflect my desire to act quickly where I can whilst we do that ground work on which to base any wider reforms.