Leaseholder rights and responsibilities

Your rights as a leaseholder

The lease

• The lease is a contract between you and us. It gives you and the people who take over your leasehold the right to own your property for a long period (up to 125 years at first), as long as you keep to the terms of the lease.
  

• The lease document sets out these terms and conditions. You should get a solicitor to look at it when you buy the lease.
  

• The lease is a legal document. Keep it in a safe place. We can give you a copy if you lose it, but you should always have your own copy.
  

• In some circumstances, we can make changes to the lease if everyone agrees. In some cases the Leasehold Valuation Tribunal will need to approve the changes too.

Repairs and maintenance

You have the right to ask us to keep the ‘common parts’ of your block in good condition. You also have the right to be consulted about major repairs and service contracts for which you will have to pay a share. (See section six – ‘Consultation’.)

Changes

You have the right to make changes to the inside of your flat, as long as you do not remove structural walls or cause damage to the outside or shared parts of the building. (See section five – ‘Changes to your property’.)

Management

You have the right to expect us to deal with problems in your block, such as noise from neighbours, dirt and rubbish.

‘Quiet enjoyment’

Under the law, you have the right to the ‘quiet enjoyment’ of your home. This means you have the right to live peacefully in your flat without interference from your neighbours or the landlord, as long as you keep to the conditions of your lease. You must also respect the rights of your neighbours to live peacefully in their homes.

Selling your flat

You have the right to sell your lease to anyone you want to. You can also leave it to someone in your will or give it as a gift. (See section seven – ‘Selling your property’.)

Lodgers and sub tenants

You have the right to take in lodgers or rent your flat to anyone you want to. You must tell us if you do. If you take in tenants, it is important that you do not allow the property to become overcrowded. You are also responsible for the behaviour of any tenants you take in. You may need to get permission from your mortgage lender if you sublet your flat.

‘Breach of covenant’

If either we or you fail to keep to the terms of the lease, this is known as a breach of covenant. If this happens, there are different types of legal action one of us can take action against the other. This includes an injunction or a court order.

The right to manage
Under the Commonhold and Leasehold Reform Act 2002, leaseholders have a right to manage their own a property. This applies where there are two or more flats in a self-contained building which has its own services for example, electricity, gas and water. At least two-thirds of the properties in a block must have leaseholders living in them.

Your responsibilities as a leaseholder

Paying costs

As a leaseholder you have a responsibility to pay your share of the costs to manage and maintain your block. We have a legal duty to charge you your share of the costs, and you have a legal duty to pay them.

Living with your neighbours

Living in a flat can sometimes be difficult. You may have people above or below you, and you may have to share landings and other areas. You have a right to live peacefully in your flat, and your neighbours have the same right. We will try to deal with people who cause a nuisance to you, but you must not cause a nuisance to them. This includes anyone who visits you or lives with you. The same applies to your neighbours. Tenants or leaseholders who cause serious harassment to their neighbours can lose their home.

Harassment and antisocial behaviour (ASB)

Harassment affects another person’s peace and comfort and can include threats, abuse, damage to the property, noise and graffiti. We will deal with any harassment promptly under the terms of the lease.

We have a thorough procedure to deal with ASB and harassment. If you are concerned about any antisocial behaviour, you should contact your Neighbourhood Officer. We also have a Tenancy Enforcement Team that can give you advice on what to do in these cases. (phone: 020 7510 0538)

Service charges

You must pay your share of the costs to manage and maintain your block. This is a legal duty set out in your lease. If you do not pay your share, you are breaking your lease agreement and we could apply to a leasehold tribunal and then to the courts to have your lease ‘forfeited’. This means you could lose your home.

We will always be fair about service charges. We will explain how we work them out, and you can challenge any charges you do not agree with. If you have financial problems, we may be able to give you a loan or make other arrangements to help you pay your service charges. (See section five – ‘Payment options’.)

Ground rent
Because a leasehold is a tenancy, you will have to pay ground rent. How much you pay depends on the type of lease. Ground rent is a specific condition of the lease and you must pay it on the date it is due. If you do not pay it, you could lose your home.

Using the flat and estate

You must only use the flat as a private home. You must not overcrowd it or use it for a business. You, your family and visitors must keep to the estate parking regulations at all times and not block any roads or parking spaces.

You must not obstruct the shared areas of the block by dumping bulky items such as fridges and furniture. You should also be careful not to overload the floor (for example, by having a lot of heavy furniture) or the plug sockets, or to disconnect or damage any power supplies to the building. You must not store flammable materials (material that catches fire easily) in your property such as gas bottles.

Joint responsibility
The lease is a legal contract, so everyone named on it will jointly responsible for keeping to its terms and conditions.

Your responsibilities are explained in more detail in other sections of this booklet.