Mind the registration gap

The High Court decision in Bennets Courtyard Limited v Bennets Courtyard Airspace Limited [2026] EWHC 1119 (Ch) provides an important warning for anyone preparing a collective enfranchisement claim where the freehold has recently been sold.

The case confirms that, during the period between completion of a transfer and registration of the purchaser at HM Land Registry—the familiar “registration gap”—the relevant freeholder for the purposes of the Leasehold Reform, Housing and Urban Development Act 1993 remains the registered proprietor.

A section 13 initial notice served only on the purchaser awaiting registration will therefore be invalid.

That may appear technical. In practice, however, getting this wrong can cause the entire claim to fail.

Japanese Knotweed

The Royal Institution of Chartered Surveyors (RICS) have published updated guidance around Japanese Knotweed which came into effect on 23 March 2022.

Enacting the remaining Law Commission recommendations relating to the Right to Manage

As we have discussed in our previous articles, it was announced in the King’s Speech that the Government’s legislative programme would include draft legislation on leasehold and commonhold reform: the “Draft Leasehold and Commonhold Reform Bill.”

This implied that the Government might leave the previous Conservative Government’s legislation, The Leasehold and Freehold Reform Act 2024, on the shelf and perhaps implement a wider set of reforms consolidating the existing law following the recommendations made by the Law Commission.