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Your lease Photo of flats at Freehold

 

This section gives you information on your rights and responsibilities as a leaseholder and Rochdale Boroughwide Housing's rights and responsibilities on behalf of the Council..

What are you responsible for?

What are we responsible for?

What are your obligations in the lease?

What are our obligations in the lease?

Can I alter my lease?

Can I buy a new lease?

Can I buy the freehold of my flat?

 

What are you responsible for?

Amongst other things you will be responsible for:

•  Floor boards

•  Wall and ceiling plaster and paper

•  Internal partition walls, unless they are load bearing

•  Internal doors

•  All glazing

•  Electrical wiring (unless it serves other flats)

•  Fittings such as baths, sinks, WC, kitchen units, individual boilers and plumbing that serve your flat.

•  Any garden area included in the lease for your own exclusive use.

The flat or maisonette you have purchased is called the 'demise'. You are responsible for the upkeep and maintenance of all the items included within the demise. Full details are in your lease but conditions may vary from one flat to another depending upon when the terms were agreed.

You should only refer to your own lease when working out the respective responsibilities of each party.

What are we responsible for?

 

On behalf of the Council, we are responsible for managing the property and estate, including the provision of necessary services and maintenance of the fabric of the building, the exterior and common parts. These include:

•  The roof

•  Foundations

•  Cladding and brickwork

•  Structural timber such as joists

•  Balconies

•  Gutters

•  Communal doors and window frames (including glass in communal areas)

•  Communal stairways and entrance halls

•  Lifts

•  Entry phones

•  Communal TV aerials

•  Estate lighting

•  Communal security systems (concierge)

•  Communal access

•  Paths and open spaces on the estate

•  At Kingfisher Court we are responsible for the windows and doors on the outside of the flats within the buildings (but not the glass in any such windows and doors).

We carry out the repair and maintenance of these items under the terms of the lease. We are entitled to charge you for your share of the cost of these items (see Leaseholders repairs and maintenance for further details).

What are your obligations in the lease?

 

Check your lease for details. Generally your lease will say:

•  You must pay your share of our costs in managing and maintaining the property.

•  You must pay your ground rent.

•  You must pay your share of the cost of insuring your property.

•  You must keep your home in good repair.

•  You must tell us within 21 days if you sell your home and provide a contact address. If your lease is for a property at Kingfisher Court you must not sell/assign the premises without observance of the conditions of shared ownership agreement and not mortgage or charge the property without our consent.

•  You must use your home only as a private residential home for one household such as one family or an individual or a couple.

•  You must not cause a nuisance to your neighbours.

•  You must not carry out alterations or additions to your home without our consent.

•  You must not keep animals without our written consent

•  You must not put up any external aerial or dish without our permission.

•  If you bought the property under the Right to Buy scheme, with a discount, you must repay part of that discount if you sell it again within 3 years.

•  You must allow our staff and contractor access to carry out repairs or other works.

•  You must decorate the inside of your home at least once every seven years.

What are our obligations in the lease?

 

Rochdale Boroughwide Housing, on behalf of the Council must:

•  Keep the structure of the building in good repair

•  Insure the building (but not the contents) and the common area against loss or damage by fire and other risks (some earlier leases do not contain this clause).

•  Provide a written summary of the services provided and the cost of provision.

•  Allow you to inspect paid bills and accounts of the services that appear in the accounts.

Can I alter my lease?

Leases can be altered at any time with the agreement of all parties concerned.  If agreement cannot be reached you can apply to the Leasaehold Valuation Tribunal (LVT) if you feel that the lease does not make proper provision for repairs, insurance, calculation of service charges etc.

Can I buy a new lease?

Anyone who has held a long lease for at least 2 years can apply for the right to a new lease.  This will involve giving up the existing lease and buying a new one, adding 90 years to the time left on your old lease.

This can be done more than once and at any time while you are the leaseholder but you will have the pay our costs which could involve a reduction in value of the Council's interest.

The terms of the new lease will be largely the same but you will not have to pay ground rent.

Can I buy the freehold of my flat?

Subject to certain conditions a group of long leaseholders may form a company to collectively acquire the freehold of a block of flats (franchisement).  The main conditions that will apply are as follows:

  • There must be 2 or more flats in the building
  • At least two thirds of all flats in your building must be held on long leases, and
  • The number of tenants participating must equal at least half the flats in the block.l

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