A leaseholder is someone who has bought the lease for a flat, apartment or shared ownership home from their landlord (Community Housing). This lease grants the right to occupy and use the property long term, which decreases each year. If the leaseholder sells their lease, the buyer takes over the remaining lease term. When the lease period ends, ownership of the property returns to Community Housing.
Understanding freeholders
Community Housing, as the freeholder, owns the land on which the property is built. Leaseholders pay ground rent to Community Housing as part of the lease agreement.
What is a lease?
A lease is a formal contract that details the rights and obligations of both the leaseholder and the freeholder. It protects both parties by setting out terms and conditions for living in and managing the property. This document is legally binding and should be kept safe, as it defines each party's responsibilities.
Who is a shared owner?
A shared owner is someone who has bought a share of a property and rents the remaining part. This arrangement is often an affordable way to own part of a home.
Seeking further advice
Leases and legal terms can sometimes be complex. We encourage you to seek legal advice if you need help understanding your lease agreement.
Communal areas
We are responsible for cleaning communal landings, stairways and garden areas, which is included in your annual service charge. To ensure a safe environment, residents must keep communal areas free from personal belongings, rubbish or any items that may pose a fire hazard.
Keeping pets
You must seek permission from us before keeping a pet and ensure that it is not a nuisance to your neighbours - eg noise or dog fouling.
Being a considerate neighbour
Please refer to our Good Neighbour Guide for guidance on everyone having the right to a quiet and peaceful enjoyment of their home.
Service charges
These cover additional services such as building insurance and maintenance. Charges vary by location/type of property and will also include a management fee. The annual charge runs from 1 April to 31 March, and payments can be made annually or monthly.
If you miss a payment, then you are breaking the terms of your lease and we will commence with arrears proceedings. If you have any problems paying your bill, then please contact Heather Whittaker, Home Ownership Advisor to discuss this further.
Ground rent
Please refer to your lease agreement for the terms of your ground rent.
Major works and sinking Fund
Major works, such as roof refurbishments or window replacements, may require consultation with leaseholders:
We will send you a 'section 20' letter explaining the requirement for the works with an estimate of the costs, allowing you 30 days to respond with any questions or comments.
When is the service charge due?
This is not applicable to all properties - please refer to your lease or contact us if you are unsure.
A sinking fund is collected to ensure there is money set aside to cover the cost of any major repairs. Your monthly rent may include a contribution to this and the amount you are charged will depend on the works expected to be undertaken over the next few years.
Not only is it essential for the upkeep of your home, it maintains the value and saleability of the property. However, if you sell your lease then the sinking fund remains with the property and transfers to the new owners.
Repairs and maintenance
As a leaseholder, if you live in a flat/apartment, you are responsible for maintaining the inside of your home. Community Housing will maintain communal areas including the building structure and repairs to the roof, gutters, downpipes, window frames, lighting and communal door entry systems. However, windows that have 'blown' or misted up is the responsibility of the leaseholder. Please refer to your lease for further details.
Leaseholders are responsible for servicing their own gas appliances, ideally once a year.
Reporting a repair to communal areas
Repairs can be reported by phone, through the online form or by post.
Making alterations
As a leaseholder you have the right to improve your own home. Your lease will confirm if you are able to make alterations to your property.
Leases generally allow for internal alterations - e.g. kitchen and bathroom replacement with written permission. You may also need planning permission and building regulations approval before starting any work. We do not need to know about minor works - e.g. decorating.
You must not damage the structure of the building or any shared services - e.g. removing internal walls, plumbing to the roof tank, door frames, windows, electricity/gas supplied or sewerage. Improvement requests are required in writing to Sales team.
Selling your leasehold home (Right to Buy/Right to Acquire)
You may sell your property at any time but must notify us of this. Your solicitor will generally do this for you.
If selling within five years of purchase under Right to Buy, some or all of the purchase discounts may need to be repaid. Before the sale completes, you will need to ensure all service charges are paid and your account is clear. The buyer must provide our solicitors with a Notice of Assignment for the service charge account to transfer across into their name(s).
Useful contacts
The Leasehold Advisory Service (LEASE) - provides free legal advice on residential long leasehold in England and Wales, on the main issues that affect leasehold properties. They are written and regularly reviewed by a team of legal advisers. Please be aware that these are guides only so not a substitute for personal legal advice.
Visit: www.lease-advice.org.
First-tier Tribunal (Property Chamber Residential Property) - you can apply if you're a landlord, tenant, freeholder or leaseholder. The cases you can apply for include:
https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber
Buildings insurance - if you need to make a claim on the building insurance policy please refer to your annual buildings insurance policy summary. If this is not available, please contact the Shared Ownership Team on 01562 733035.
For more information on shared ownership leases, then please speak to the Sales team on or call 01562 733035.
For help and advice on leasehold enquiries, please email Heather Whittaker, Home Ownership Advisor on leaseholdenquiries@communityhousing.co.uk. Alternatively, call our Customer Service Centre on 0300 003 5454.
To make a service charge payment, speak to our Finance team on 0300 003 5454.
