Law Commission Update: Property Law Reform Under the 14th Programme

Law Commission Update: Property Law Reform Under the 14th Programme

The Property Litigation Association's Law Reform Committee recently met with the Law Commission's Property, Family and Trusts team to discuss their current work programme and future priorities in property law and to meet Lisa Webley, the newly appointed Law Commissioner for Property, Family and Trusts. The meeting emphasised the value of input from respected organisations such as the PLA, noting that understanding the real-world impact of their work is crucial to effective law reform.

Current Projects Under the 14th Programme

The Law Commission is currently progressing several significant property law projects, each at different stages of development:

    1. Part 2 of the Landlord and Tenant Act 1954

The review of business tenancies legislation is well advanced. Following an initial consultation that provided direction on the preferred approach regarding high-level questions, including what “model” of security of tenure is appropriate, the Law Commission is now preparing a second consultation paper, scheduled for publication in Spring 2026. This consultation will focus on the detailed mechanics of Part 2, based on a "contracting out" model. Following analysis of consultee responses, the Commission will produce its final report and recommendations.

2. Management of housing estates

Responding to growing concerns about how housing estates are managed and how services such as shared roads are provided, the Law Commission included in its 14^th Programme a project examining the management of housing estates. This project represents an extension of their work on residential leasehold and will consider whether the Right to Manage regime that benefits leaseholders of flats might be adapted to housing estates. A consultation paper is expected later this year.

3. Ownerless land (bona vacantia and escheat)

Whilst formal work had not yet commenced on this project, the Law Commission had begun preliminary consideration of the complex issues surrounding ownerless land.

4. Agricultural Law

Later in the programme, the Law Commission will undertake a review of the two principal statutes governing agricultural tenancies: the Agricultural Tenancies Act 1995 and the Agricultural Holdings Act 1986.  This project will consider whether the existing law properly balances giving tenant farmers sufficient security to encourage investment and maintain viable farm businesses, opportunities for new entrants to access farming opportunities, and the interests and confidence of landlords to let land.

This project will also consider whether the law impedes tenant farmers from diversifying their businesses, including to farm in more sustainable ways; whether the law supports a collaborative approach between landlords and tenants; and whether there are technical issues which cause problems in practice.  

5. Commercial leasehold

This project is comprised of two sub-projects.

First, the Law Commission is reviewing the Landlord and Tenant Act 1987 and the Landlord and Tenant (Covenants) Act 1995 (both through a commercial leasehold lens). This is not expected to be a wholesale review or reconsideration of underlying policy. Rather, the Commission will look at whether there are specific issues with the existing legislation that could be addressed.

Second, scoping work will be undertaken which will focus on the law governing the maintenance, repair and upgrading of leased commercial buildings, including the law relating to dilapidations. This is with a view to establishing whether there are problems with the current law, to identify what those problems are, and to determine whether law reform can provide solutions.

Timings on these projects have not been published yet, so it is a case of watch this space.

6. Registered land and chancel repair liability

This marks the second occasion on which the Law Commission has examined chancel repair liability, although it also addressed some features of the liability in its 2018 Report on updating the Land Registration Act 2002. Despite the relatively modest sums typically involved, the issue has real-world impact, with property owners continuing to purchase chancel repair insurance. A consultation paper was published in July 2025 – which included draft legislation to implement provisional proposals made in that paper. A report will be published in due course.

Opportunities for PLA Input

Early engagement allows the Law Commission to draw upon the thinking and experience of practitioners and to incorporate relevant data sources and studies into their work.

The message was clear: the more information and input the Law Commission has access to before formal consultation, the better informed and more effective their consultations are likely to be. The Commission also reinforced the importance of having detailed material provided in response to its consultations. Members who have conducted studies, gathered data, or developed insights touching upon any of the Law Commission's projects are encouraged to share this material.

Looking Ahead

When the time comes for the Commission to develop its 15th programme, there will be a valuable opportunity for the PLA to shape the future direction of property law reform. However, we would encourage members with views on priorities for law reform, or who can provide evidence of areas where the current law is causing practical difficulties, to contact the PLA Law Reform Committee with their suggestions as early as possible in order that the best possible case for reform can be made at that time.

More details on all the projects mentioned above can be found on the Law Commission’s website: www.lawcom.gov.uk.