Commonhold and Leasehold Reform Act 2002 Explanatory Notes

Commonhold unit

Section 22: Part-units: charging

70.Subsection (1) of section 22 prohibits the creation of a charge over part only of an

  • interest in a commonhold unit. This reflects the technical point that a unit as such cannot be charged, rather it is the unit-holders’ interest in the unit that is charged. Subsection (2) renders ineffective any attempt to create a charge over part only of an interest in a unit. Subsections (3) and (4) provide that where land is added to a commonhold in such a way that a charge over a part unit would exist, such a charge shall be extinguished.

Back to top