Cultural expectations of homeownership. Explaining changing legal definitions of flat 'ownership' within Britain

Abstract

Following the break-up of privately rented flats in both England and Wales, and Scotland, two distinct property 'ownership' systems emerged. Each sought to provide individual 'ownership' of the flat and collective management of the block in which the flat was contained. Leasehold 'ownership' effectively retained the previous landlord tenant relationship because of a peculiarity in English law that only allows 'positive covenants' - such as maintenance obligations, to be enforced on the first purchaser of a flat, not subsequent purchasers. Although in Scotland outright individual ownership of a flat was legally possible, the management arrangements covering the common parts of the building have not proved satisfactory. Neither legal arrangement put in place an 'ownership' or 'governance' regime which matched popular cultural expectations of what individual home ownership should constitute. The scale of and scope of property law reform over the last 30 years illustrates how these popular cultural expectations have demanded due recognition within the British property system.