Recently, the Association of Leasehold Enfranchisement Professionals wrote to Rachel Maclean, the Minister of State (Housing and Planning) to highlight an issue with the definition of "qualifying lease" contained in section 119 of the Building Safety Act 2022.  

This section states that a lease needs to have been granted before 14 February 2022 in order to be able to qualify.  This begs an important question though - how does this work if a qualifying leaseholder decides to extend their lease after 14 February 2022?  Surely it can't have been Government's intention for such leases to lose the protection under the Building Safety Act?

At the outset, the issue was compounded by unclear guidance published on the matter. Government has since amended this guidance but only by acknowledging that there is a problem - nothing further! 

This is a real problem as it clearly causes ambiguity for leaseholders and professionals trying to advise them.  It is also quite ridiculous given Government's key aim for leasehold reform i.e. to make the process ‘simpler, quicker and cheaper for leaseholders'.  This fails in all three respects!

Government urgently needs to resolve this but to date, the enfranchisement world is still waiting...