Powers of Attorney & Living Wills

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.

Law Commission recommendations to reform the Right to Manage

The Right to Manage (RTM) was introduced in 2002 giving flat owners the ability collectively TO take over the management functions in respect of their building without having to prove fault on the part of those responsible for management under their lease (usually their landlord) or paying a premium.

Building Safety Act 2022

The Building Safety Act 2022 (the Act) came into force on 28 June 2022. It created new financial protections around the cost of remediation of historical safety defects for leaseholders of buildings at or above 11 metres or five storeys with historical safety defects.

While flat owners who benefit from this protection will welcome this unfortunately there are problems around the conveyancing process as it adjusts to the effect of the complex new rules which may adversely affect the sales process and the Government overlooked the effect of the legislation on flat owners extending their leases.