Your rights as a leaseholder

About your lease

The lease is a contract between you and the Council. It gives you and your successors the right of possession of your flat for a long period provided you keep to the terms of the lease. When we sell a flat the length of the lease will depend on whether we have sold any other flats in the same block. If this is the first flat the lease will be for 125 years, but if other flats have been sold your lease will end on the same date as the others.

The lease document sets out these terms and conditions. You should get a solicitor to look at it and explain what it says when you buy the flat, and ask to keep a copy.

The lease is a legal document. Keep it in a safe place. If you have a mortgage then your lender will keep the original lease. If you need a copy you may be able to get one from your lender, although they may make a charge.

The law

Several laws protect your rights as a leaseholder. If you are not sure of your rights, a solicitor can advise you or you can contact the Citizens Advice Bureau.

The main laws on leasehold tenancies are the:

• Housing Act 1985
• Landlord and Tenant Acts 1985 and 1987
• Housing and Planning Act 1986
• Leasehold Reform, Housing and Urban Development Act 1993
• Housing Act 1996
• Commonhold and Leasehold Reform Act 2002.

From time to time more regulations are made under these laws. You should be able to see copies of these laws and regulations at the main public library and some may also be available on the internet.

Repairs and maintenance

You have the right to ask your landlord to keep the ‘common parts’ of your block in a reasonable state of repair. You also have the right to be consulted about major repairs for which you will have to pay a share.

Making alterations

You have the right to make alterations to the inside of your flat provided you first obtain our written permission. Generally, the Council will not give permission for any alterations to the structure, walls, timbers, elevations (faces or sides of the building) or the removal of any main walls, timbers, floors or ceilings. You may also need planning permission and or building regulations approval or both.

Management

You have the right to expect your landlord to deal with problems in your block, such as neighbour nuisance and to manage the communal areas.

‘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.

Selling your flat

You, or your solicitor, must tell us within one calendar month if the ownership of the flat passes on to someone else.

Lodgers and sub-tenants

You have the right to take in lodgers, but if you do you should make sure that you do not become overcrowded. If you rent your flat out to someone else you should check the provisions of your lease, you may have to get your sub-tenant to enter into an agreement with the Council. In any event, you will be directly responsible for ensuring that your tenant doesn’t break the terms of the lease, e.g. by causing nuisance.