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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.
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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.
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.
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.
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.
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.
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.
Cousins, L., Ledward, C., Howe, K., Rock, G. and Taylor, G. (1993), An Appraisal of Shared Ownership, London: HMSO.
Financial Services Authority (FSA) (2013), Building Societies’ Sourcebook, London: FSA.
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
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
Homes and Communities Agency (HCA) (2016), Shared Ownership: Joint Guidance for England, London: HCA.
Homes and Communities Agency (HCA), Council of Mortgage Lenders (CML) and National Housing Federation (NHF) (2010), Shared Ownership: Joint Guidance for England, London: CML.
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.
Karn, V., Kemeny, J. and Williams, P. (1985), Home Ownership in the Inner City: Salvation or Despair?, Aldershot: Gower.
Keenan, S. (2013), ‘Property as Governance: Time, Space and Belonging in Australia’s Northern Territory Intervention’, 76(3), Modern Law Review: 464–93.
National Federation of Housing Associations (NFHA) (1978), A Handbook for Community Leasehold, London: NFHA.
Peaker, G. (2013), ‘The Hidden Dangers of Shared Ownership’, The Guardian, 3rd September.
Stanley, J. (1974), Shared Purchase: A New Route to Home-Ownership, London: Conservative Political Centre.
Stewart, A. (1981), Housing Action in an Industrial Suburb, London: Academic Press.
- The Lease
- Palgrave Macmillan UK
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