Freehold vs Leasehold: Understanding the Difference

When buying a home in England, one of the first things you will come across is whether the property is being sold as freehold or leasehold. These terms describe the type of ownership you are acquiring and carry significant differences for homeowners.

What is Freehold?

If you purchase a freehold property, you own both the building and the land it stands on outright. Your ownership is not limited by time, and you are responsible for the upkeep of the property and the land. Freehold is generally considered the most straightforward form of ownership, as there is no landlord or ground rent to pay. Most houses in England are sold as freehold, although there are exceptions.

What is Leasehold?

A leasehold property means you own the right to live in the property for a fixed number of years, decades, or even centuries (leases are commonly granted for 99, 125, or 999 years). The land itself remains owned by the freeholder or landlord.

As a leaseholder, you may be required to pay:

• Ground rent (though reforms are phasing out new ground rents for most residential leases),
• Service charges and maintenance fees for shared spaces such as hallways, gardens, or lifts,
• Contributions to major works like roof repairs or external decoration.

Flats are almost always sold as leasehold because of the shared nature of the building. Some houses were historically sold as leasehold, but this practice has been widely criticised and since 2019 most new-build houses cannot legally be sold on a leasehold basis (with limited exceptions).

Key Differences Between Freehold and Leasehold

The distinction between freehold and leasehold can have long-term implications for property owners.

• Ownership: Freehold gives you permanent ownership of the land and property. Leasehold grants ownership for a fixed term only.
• Costs: Leaseholders may face ongoing costs such as ground rent, service charges, and fees for extending their lease. Freeholders are responsible for the entire cost of maintaining the property.
• Control: Freeholders have complete control over their property (subject to planning laws). Leaseholders may also require permission from the freeholder for alterations.
• Expiry: Leasehold ownership reduces in value as the lease term shortens. Extending a lease can be expensive, particularly if the remaining term is less than 80 years.

Recent Reforms

The law relating to leasehold is evolving. The Leasehold Reform (Ground Rent) Act 2022 abolished ground rent for most new residential long leases. Existing leaseholders may still have to pay ground rent unless they extend or vary their lease. The Leasehold and Freehold Reform Act 2024 (not yet fully in force) is expected to make it easier and cheaper to extend leases (standardising them to 990 years and abolishing marriage value) or buy the freehold, as well as increasing service charge transparency.

Which is Better?

Buyers often prefer freehold because it avoids ongoing costs and restrictions. However, leasehold is common with flats and may be the only available option in some areas. The “better” choice depends on your circumstances, and, in the case of a lease, its terms and how long is left on it. Different rules apply in Scotland and Northern Ireland, where leasehold ownership is uncommon or has been abolished.

Final Thoughts

Whether you are considering a freehold or leasehold property, it is essential to understand the implications of each before committing to a purchase. A solicitor can explain your rights and responsibilities, help you review the terms of a lease, and advise on any risks.