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A1P1 challenge to leasehold reform rejected

24/10/25

The Divisional Court has today handed down judgment dismissing human rights challenges brought by a number of Claimant groups to the Leasehold and Freehold Reform Act 2024. The Claimants are owners of freeholds and other revisionary interests in dwellings in England and Wales. They challenged aspects of the 2024 Act which had the effect of reducing the overall premium that will be payable by leaseholders on enfranchisement (i.e. when they buy their freehold or extend their lease), on the basis that the legislation was incompatible with Article 1 of Protocol 1 to the European Convention of Human Rights. The challenges were resisted by the Secretary of State for Housing, Communities and Local Government.

In a detailed judgment running to more than 160 pages, the Divisional Court (Lord Justice Holgate and Mr Justice Foxton) has today rejected the Claimants’ challenges. The Court found that the measures under challenge constituted an interference with property rights but were capable of justification, both individually and cumulatively.

The judgment can be found here.

Malcolm Birdling acted for the Third Claimant group, Abacus, instructed by Fieldfisher LLP.

Victoria Wakefield KC and Harry Balfour-Lynn acted for the Fourth Claimant group, Wallace, instructed by Hogan Lovells International LLP.

Emma Mockford acted for the Defendant, the Secretary of State for Housing, Communities and Local Government, instructed by the Government Legal Department.

All members of Brick Court Chambers are self employed barristers. Any views expressed are those of the individual barristers and not of Brick Court Chambers as a whole.