Labour's Leasehold Promise: What Was Pledged?
Andy Burnham stood before the Labour Party conference and offered millions of homeowners something they had rarely received from politicians: an unqualified personal guarantee. "To the millions of leaseholders across the country, you have my word," he declared. "The days of you being squeezed for every penny are coming to an end." Words like that, delivered from a conference platform, carry real political weight — and real political risk.
Labour's 2024 manifesto had been equally categorical. The party promised to "finally bring the feudal leasehold system to an end," language deliberately chosen to signal not tinkering but transformation. This was not a pledge to review the system, appoint a working group, or consult stakeholders. It was a promise of abolition. Across England and Wales, an estimated four to five million leasehold dwellings exist — a figure drawn from Ministry of Housing, Communities and Local Government data — each representing a household living under property arrangements that legal scholars and campaign groups have consistently described as structurally exploitative. The scale of the constituency Labour was addressing was enormous, and the boldness of the promise matched it.
That background matters enormously when evaluating what has actually happened since.
Two Years On: What Has Actually Been Delivered?
Hours before Burnham's conference speech, housing secretary Angela Rayner made an announcement that, in a world of modest expectations, would have looked credible. The government intends to legislate for a new independent regulator overseeing the leasehold sector, and will launch a consultation aimed at capping what ministers have termed "rip-off" administrative fees — the service charges, permission fees, and management levies that have long been the primary mechanism through which freeholders extract money from leaseholders.
Read next France Is Dragging the Eurozone Toward a Debt CrisisThese are not nothing. A new regulator, properly designed and adequately funded, could impose minimum standards on a sector that currently operates with remarkable opacity. Capping fees that have no discernible basis in actual cost would give some relief to homeowners facing charges of hundreds of pounds simply to secure permission to change their carpets or keep a pet. The National Leasehold Campaign, which has documented such abuses in painstaking detail through years of casework, would cautiously acknowledge that fewer unregulated fees represent genuine improvement.
But the gap between what was promised and what has been delivered is not minor. It is structural. Regulating the existing system is categorically different from ending it. Two years after an unambiguous manifesto commitment, leaseholders are being offered a complaints mechanism and a cost-capping consultation. The feudal system, in its essential architecture, remains intact.
Why a Complaints Box Is Not the Same as Reform
This is the analytical hinge on which the entire debate turns, and it deserves careful unpacking. A regulatory body, however well-intentioned, operates within the existing framework of property rights. It can adjudicate disputes, sanction bad actors, and set procedural standards. What it cannot do is transfer the fundamental power relationship between freeholder and leaseholder. The freeholder still owns the land. The leaseholder still pays ground rent, service charges, and administrative fees to a party whose financial interest is structurally opposed to their own. The regulator can moderate the exploitation; it cannot end it.
The Leasehold Knowledge Partnership, which has provided expert legal analysis of the sector for years, has consistently made this distinction. Campaigners have repeatedly demonstrated that the problem is not simply the absence of oversight — it is the design of the tenure itself. Under current leasehold arrangements, freeholders hold a near-unassailable position: they can appoint managing agents, set service charges, grant or withhold permissions, and ultimately threaten forfeiture of a property worth hundreds of thousands of pounds over a debt of a few hundred. No regulator can meaningfully address those power asymmetries without legislative changes that go far beyond fee caps.
The Leasehold Reform (Ground Rent) Act 2022, passed under the previous Conservative government, illustrates precisely how incremental change can be presented as transformation without delivering it. That legislation abolished ground rents for new leases — a genuine improvement that the Leasehold Knowledge Partnership supported — while leaving the broader system of leasehold tenure untouched. Millions of existing leaseholders, locked into contracts with ongoing ground rent obligations and no right to manage their own buildings, saw no material benefit. Good policy, insufficient scale. Labour's current proposals risk the same problem at greater political cost, because Labour made promises the Conservatives never made.
How Leasehold Traps Homeowners as Income Streams for Freeholders
To understand why regulatory oversight misses the point, it helps to understand precisely how the system works in practice. Leasehold in its modern English form is less a property arrangement than a financial product. When a developer builds a block of flats and sells them as leasehold properties, the freehold — the actual land and building fabric — is frequently sold on to an investment fund or property company. That entity then derives ongoing income from the leaseholders indefinitely, often with no corresponding obligation to maintain the building or provide services commensurate with the charges levied.
Service charges that rise faster than inflation. Insurance policies placed through managing agents who receive undisclosed commissions. Permission fees charged for home improvements that require no real administrative effort. Legal costs billed to leaseholders in disputes the freeholder initiated. These are not edge cases or isolated abuses — they are systemic features of a tenure model designed to extract value from captive consumers. Leaseholders cannot easily shop for a different freeholder. They cannot refuse to pay without risking legal action. In the most extreme cases, they can lose their homes entirely through the archaic forfeiture mechanism, a power that has no equivalent in any comparable legal system.
Approximately one in five homes in England and Wales sits under leasehold tenure. Many owners discovered the full implications of that status only after completion, when the first service charge demands arrived.
What Genuine Leasehold Reform Would Look Like
The model that reformers, including the Law Commission in its landmark 2020 reports, have consistently advocated is commonhold. Under commonhold tenure, flat owners collectively own and manage their building through a commonhold association. There is no external freeholder, no ground rent, no permission structure, no forfeiture. Each owner holds their flat outright and participates in collective governance of shared spaces. Scotland abolished feudal tenure in 2004. Most European countries have equivalent arrangements. England and Wales stand as an outlier.
Transitioning existing leasehold properties to commonhold is legally complex, and the Law Commission was candid about the challenges. But complexity is not impossibility, and the absence of legislative ambition cannot be dressed up as practical caution indefinitely. Genuine reform would establish a right to convert to commonhold, make the process accessible and affordable, give leaseholders immediate statutory rights to manage their own buildings, and abolish the forfeiture mechanism without qualification.
None of this appears in the current government's proposals. What appears instead is a regulator and a consultation.
The Political Stakes: Can Labour Be Trusted to Deliver?
The political arithmetic here is not complicated. Leaseholders are concentrated in precisely the urban constituencies — Greater Manchester, London, Birmingham — that delivered Labour its parliamentary majority. Andy Burnham's intervention at conference was not coincidental; Manchester has some of the highest concentrations of leasehold flats in the country. The political and the moral argument point in the same direction.
What erodes trust is not difficult announcements but easy ones that fail to match earlier rhetoric. Burnham gave his word. Rayner announced a regulator. The gap between those two events is not yet fatal to Labour's credibility on leasehold reform UK — but it is accumulating. If the government's forthcoming legislation delivers fee caps and complaint-handling procedures while leaving the underlying power structure untouched, it will have fulfilled the letter of neither its manifesto pledge nor its conference promise.
Leaseholders have heard before that reform is coming. They have watched incremental adjustments presented as milestones while the essential unfairness continues. This time, they were given a personal guarantee. Ministers should understand what it means if that guarantee, too, turns out to be worth precisely as much as a leasehold contract that transfers all the risk to the buyer and all the income to someone else.
Source: Opinion | The Guardian



