Advertisement

The Lease

  • Dave Cowan
  • Helen Carr
  • Alison Wallace
Chapter
Part of the Palgrave Socio-Legal Studies book series (PSLS)

Abstract

In the previous chapter, we developed a history in which some fairly complex ideas became enjoined into one simple, financialised product, which became known as shared ownership. Despite the complexity inherent in the idea of ownership, shared ownership had a fit with housing policy. We noted how the label led to a legal puzzle, for there was no such thing as shared ownership. This chapter is concerned with how shared ownership became legible. It is a story of the way a long-used and well-known technique, the lease, was manipulated so that it became the device through which shared ownership was and is delivered. It is another remarkable story. It enabled KS3 to say, in one breath, that shared ownership is not complicated, and, later on in our interview, recognise that it was rather more complicated than that. It was the lease which produced the option chaos and, as we develop in this chapter, other problematics. Nevertheless, despite its well-known failings (see, e.g., Karn et al. 1985; Stewart 1981), the lease was adopted as the legal technique for the delivery of this complex idea.

Bibliography

  1. Blandy, S. and Goodchild, B. (1999), ‘From Tenure to Rights: Conceptualising the Changing Focus of Housing Law in England’, 16(1), Housing Theory and Society: 31–42.Google Scholar
  2. Bramley, G., Morgan, J., Cousins, L., Dunmore, K., Three Dragons Consultancy and MORI Social Research (2002), Evaluation of the Low Cost Home Ownership Programme, London: ODPM.Google Scholar
  3. Bright, S. and Hopkins, N. (2009), ‘Low Cost Home Ownership: Legal Issues of the Shared Ownership Lease’, 73(4), Conveyancer and Property Lawyer: 337–49.Google Scholar
  4. Bright, S. and Hopkins, N. (2011), ‘Home, Meaning and Identity: Learning from the English Model of Shared Ownership’, 28(3), Housing, Theory and Society: 377–96.Google Scholar
  5. Clarke, A., Heywood, A. and Williams, P. (2016), Shared Ownership: Ugly Sister or Cinderella? The Role of Mortgage Lenders in Growing the Shared Ownership Market, London: CML.Google Scholar
  6. Council of Mortgage Lenders (CML), Homes and Communities Agency (HCA) and National Housing Federation (NHF) (2014), Guidance for Handling Arrears and Possession Sales of Shared Ownership Properties, London: CML.Google Scholar
  7. Cousins, L., Ledward, C., Howe, K., Rock, G. and Taylor, G. (1993), An Appraisal of Shared Ownership, London: HMSO.Google Scholar
  8. Financial Services Authority (FSA) (2013), Building Societies’ Sourcebook, London: FSA.Google Scholar
  9. Homes and Communities Agency (HCA) (2010), Updated Consultation Note for Stakeholders Following Informal Consultation Process, 29th January 2010, available at https://www.gov.uk/guidance/capital-funding-guide/1-help-to-buy-shared-ownership
  10. Homes and Communities Agency (HCA) (2013), Shared Ownership Model House Lease, available at https://www.gov.uk/guidance/capital-funding-guide/1-help-to-buy-shared-ownership#section-11
  11. Homes and Communities Agency (HCA) (2016), Shared Ownership: Joint Guidance for England, London: HCA.Google Scholar
  12. Homes and Communities Agency (HCA), Council of Mortgage Lenders (CML) and National Housing Federation (NHF) (2010), Shared Ownership: Joint Guidance for England, London: CML.Google Scholar
  13. Hunter, C. (2015), ‘Solar Panels, Homeowners and Leases: The Lease as a Socio-Legal Object’, in D. Cowan and D. Wincott (eds), Exploring the ‘Legal’ in Socio-Legal Studies, London: Palgrave Macmillan.Google Scholar
  14. Karn, V., Kemeny, J. and Williams, P. (1985), Home Ownership in the Inner City: Salvation or Despair?, Aldershot: Gower.Google Scholar
  15. Keenan, S. (2013), ‘Property as Governance: Time, Space and Belonging in Australia’s Northern Territory Intervention’, 76(3), Modern Law Review: 464–93.Google Scholar
  16. National Federation of Housing Associations (NFHA) (1978), A Handbook for Community Leasehold, London: NFHA.Google Scholar
  17. Peaker, G. (2013), ‘The Hidden Dangers of Shared Ownership’, The Guardian, 3rd September.Google Scholar
  18. Stanley, J. (1974), Shared Purchase: A New Route to Home-Ownership, London: Conservative Political Centre.Google Scholar
  19. Stewart, A. (1981), Housing Action in an Industrial Suburb, London: Academic Press.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Dave Cowan
    • 1
  • Helen Carr
    • 2
  • Alison Wallace
    • 3
  1. 1.School of LawUniversity of BristolBristolUK
  2. 2.Kent Law SchoolUniversity of KentCanterburyUK
  3. 3.Centre for Housing PolicyUniversity of YorkYorkUK

Personalised recommendations