Law Commission launches its 14th Programme of Law Reform

The Law Commission is required by statute to consider proposals for law reform, and on 4 September 2025, the Law Commission launched its 14th Programme of Law Reform.

This follows a consultation in 2021 on which topics should be in the scope of the 14th Programme. The Law Commission notes that there has been a 'considerable hiatus in finalising the Fourteenth Programme'.  This is attributed to work on the 14th Programme being paused in 2023 due to the government's priorities at that time, along with the Law Commission being fully engaged on other projects. However, work on the 14th Programme was resumed following the general election in July 2024.

Under the 14th Programme, projects which will be of relevance to the property sector include:

Commercial leasehold

The Law Commission notes that this project will comprise two sub-projects.

The first sub-project: This will have two limbs, and the Law Commission will consider reforms to both the Landlord and Tenant (Covenants) Act 1995 and also rights of first refusal under the Landlord and Tenant Act 1987 (in so far as the law relates to commercial premises).

Review and potential reform of the Landlord and Tenant (Covenants) Act 1995 will be welcomed by real estate lawyers and their clients.  In particular, the anti-avoidance measures in the 1995 Act, which apply in relation to guarantees, Authorised Guarantee Agreements (AGAs) and sub-guarantees of AGAs which are known as GAGAs, are uncertain and can cause significant issues in practice.     

The second sub-project: The second sub-project is described as 'a scoping project, focusing on the law governing the maintenance, repair and upgrading of leased commercial buildings'.  As part of the scoping work the Law Commission sets out it will consider 'the law relating to dilapidations, service charges, and the interaction between environmental frameworks and commercial leasehold law'.

It is noted that further steps and timings for the project will be confirmed in due course.

Management of housing estates

This project will consider the creation of a new right for freeholders on housing estates to take over the management of their estates. This would be a similar right to the existing leasehold 'Right to Manage'. The Law Commission plans to publish a consultation paper in 2026.

Ownerless land

The Law Commission will look to address the problems that can arise when land ceases to have an owner and transfers to the Crown. The project will 'carry out a review of the law of bona vacantia and escheat'.  No timings are given for this project, and the Law Commission notes it will be undertaken as soon as resources allow.

Deeds

The Law Commission views the current law as outdated. It sets out that the project on deeds will include consideration of:

• broad issues about the efficacy of deeds, including whether the concept remains fit for purpose;

• whether there should be amendments to the existing requirements of deeds, including witnessing, attestation, and delivery; and

• whether amendments to the law of deeds are required to ensure that compliance with the requirements of deeds can be facilitated by smart contracts.

It notes a holistic approach will be taken and it will cover both paper and electronic deeds.

Existing projects

This 14th Programme of Law Reform will run alongside existing projects the Law Commission is working on in the real estate space including current projects concerning;

• Business Tenancies: the Right to Renew

• Chancel repair liability

• Compulsory purchase