High Court Hands Down Judgment in Landmark Challenge to Leasehold Reform

On 24 October 2025, the High Court handed down judgment in R (on the application of ARC Time Freehold Income Authorised Fund and others) v The Secretary of State for Housing, Communities and Local Government [2025] EWHC 2751 (Admin).

39 Essex Chambers' barristers Saara Idelbi and Ruth Keating acted for the Secretary of State for Housing, Communities and Local Government, instructed by the Government Legal Department as part of a large counsel team led by first Treasury Counsel.

The Claimants – referred to as the “landlords” in the judgment – asked the Divisional Court (Holgate LJ and Foxton J) to declare that amendments made by the Leasehold and Freehold Reform Act 2024 (“LFRA 2024”) were incompatible with Article 1 of the First Protocol (“A1P1”) to the European Convention of Human Rights (“ECHR”).

The case has attracted national media attention due to its potential wide implications for leasehold enfranchisement and the future of property law reform.

The judgment raises important issues on the fair balance between public interest legislation and private property rights. It concludes that each of the measures challenged by the Claimants – whether considered individually or cumulatively – are compatible with A1P1.

Accordingly, each of the claims has been dismissed.

The judgment is available here.