Corporate & Commercial

Ferbrache & Farrell LLP’s corporate department offers full service corporate, banking and commercial cover and is able to advise on all aspects of Guernsey corporate and commercial law, including banking and finance, regulatory, investment funds, asset management and listings on The International Stock Exchange (TISE).

Latest Insight
04 February 2025
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Dispute Resolution

The dispute resolution department at Ferbrache & Farrell LLP has vast experience of local and international litigation and dispute resolution generally, gained from acting in complex local and international high-value disputes, both in Guernsey and throughout the world.

Latest Insight
27 February 2025
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On 20 December 2024 Jersey made its first wrongful trading order against a Jersey director in the case of Viscount v Thomas McLaughlin (In re…
Property

The Guernsey property department is dedicated to providing tailored solutions that meet and exceed clients’ expectations. In addition, the property department provides support to colleagues in the corporate and dispute resolution departments on real estate-related technical points of law.

Latest Insight
12 February 2025
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UK Real Estate

We are delighted to help in relation to providing legal advice for real estate in England and Wales. We listen. We learn what your needs are. We proactively respond. Whether it’s personal or commercial property, we always provide sound and pragmatic advice, adding value to the transaction.

Latest Insight
04 March 2025
News
The UK government is set to ban new leasehold flats in England and Wales, aiming to overhaul home ownership. The current leasehold system, where freeholders…
Private Client

Our services for private client matters include the drafting of realty and personalty wills, acting as professional executors, and assisting foreign lawyers who have requirements in this jurisdiction.

Latest Insight
04 February 2025
Insight
When is a sanction not a sanction, but still a headache? We are increasingly seeing individuals and entities becoming subject to designation or sanction in…

The UK government is set to ban new leasehold flats in England and Wales, aiming to overhaul home ownership.

The current leasehold system, where freeholders own buildings and leaseholders buy the right to occupy flats, is intended to be replaced by commonhold, giving homeowners ownership and control over their buildings.

While freeholders argue that leasehold is effective for managing large complexes, the government is committed to making it easier to convert existing leaseholds to commonhold.

A white paper has announced the ban on new leasehold flats and the introduction of a new legal framework for commonhold, with a draft bill expected later this year.

Building management companies attribute the rising costs to legitimate expenses like energy prices and inflation, but many leaseholders feel these costs are unfair and constantly rising.

Currently, freeholders appoint managing agents, but under commonhold, residents would have more control over payments and maintenance decisions.

Leasehold vs. Commonhold:

  • Leasehold: Property reverts to the freeholder after a fixed period.
  • Commonhold: Property is owned outright, like a freehold house.
  • Commonhold Benefits: Homeowners control the annual budget, hire/fire managing agents, and face no ground rent or forfeiture threats.

Reactions:

The National Leasehold Campaign (NLC) is delighted with the announcement, calling it a significant step forward.

NLC founder Katie Kendrick emphasised the importance of addressing the needs of current leaseholders, stating that commonhold conversion mechanisms are essential for those trapped in the current leasehold system.

Housing Minister Matthew Pennycook assured that the government would continue implementing reforms to help millions of existing leaseholders.

If you need further information or legal advice, including conveyancing services in England, please contact our dedicated UKRE team: Anna Douglass, Alastair Hargreaves, Caren Vidamour, and Hannah Damant, who will be delighted to assist.