Call for Evidence: Law Commission

Following the ALEP Commonhold Lecture last week, and as part of our ongoing consultation with the Law Commission, ALEP has been asked to support its Call for Evidence with regards to Commonhold.

We have been asked by Professor Nick Hopkins, Law Commissioner,  to request participation by our members.


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On Wednesday 21 February, the Law Commission published a Call for Evidence on Commonhold, which is available to download from its website, along with a summary and an optional response form.

The website can be viewed here:
Whilst it has been possible to create commonholds since 2004, hardly any commonholds have been set up. The purpose of this call for evidence is to find out why commonhold has failed and to obtain evidence which will guide our future work.

If commonhold is to succeed, it will need the support of the whole property sector, including legal practitioners. In our call for evidence, we discuss aspects of the current law of commonhold which, we have been told, need to be improved in order for commonhold to succeed. We invite observations on whether the issues raised are problematic in practice and whether there may be any other issues not referred to.

This call for evidence is the first step in our project to reform the law of commonhold. Later this year we will launch a full consultation paper in which we will put forward proposals to address the issues raised in response to our call for evidence.

We are particularly keen to hear from you, and we would be grateful if you would consider engaging with us by submitting a response to the Call for Evidence.
We would be extremely grateful if you would consider responding to our call for evidence. Your views will help us shape our proposed reforms to commonhold law.

The call for evidence is open until Thursday 19 April 2018.

If you would like any further information, please email the team at, or call Rachel Preston on 020 3334 5333.
Yours sincerely,
Sent on behalf of
Professor Nick Hopkins
Law Commissioner