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ARTICLE · 30 APRIL 2025

Commonhold: Love Thy Neighbour

Travers Smith LLP
Travers Smith LLP
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Travers Smith LLP

Travers Smith LLP

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In its Commonhold White Paper, the Government acknowledges that "no form of homeownership is perfect, nor immune from disputes, especially in flatted developments...

United KingdomReal Estate and Construction

In its Commonhold White Paper, the Government acknowledges that "no form of homeownership is perfect, nor immune from disputes, especially in flatted developments with the close proximity of neighbours and shared responsibility for upkeep and associated costs". However, commonhold is presented as a tenure which, due to its democratic nature, is inherently less likely than leasehold tenure to generate disputes.

In this briefing we explore six aspects of the dispute resolution mechanisms within commonhold and discuss the extent to which they are likely to provide sufficient protection for unit-owners.

What is commonhold?

As explained here, in a commonhold scheme each owner owns the freehold of their unit. They are also the members of the commonhold association (the "CA"), which owns the freehold of the common parts of the building (such as the reception, roof, lift, corridors and garden) and is obliged to organise the repair, maintenance and insurance of these

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