Leaseholders' rights and responsibilities
This section explains your rights and responsibilities under the conditions of your lease if Lambeth Council is your landlord.
What is a leaseholder?
A leaseholder is someone who owns a lease. The leaseholder does not own the land surrounding their home or the building that their home is in. The freeholder grants a lease (a legal contract) giving the leaseholder the right to live in part of the building for a period of time. They can resell this right. The term of the lease for properties sold under the right-to-buy scheme is normally 125 years.
As the freeholder of your building or estate, under the conditions of your lease we must repair and maintain the outside and shared parts of your building and the estate. We also provide certain services to your building and the estate that it is on.
Under the conditions of your lease, you must contribute to our expenses in carrying out repairs and maintenance to your building and in providing services to your building and the estate that it is on.
What is the lease?
The lease is a contract between you and us. It is a legally binding document. The lease defines your building and estate (if this applies), and gives details about your flat. The lease will include a map of your home called the lease plan which will also include the block and the area where you live. The lease explains your rights and responsibilities, and our rights and responsibilities.
It is important that you know and understand the conditions of your lease.
What do the different words and phrases in the lease mean?
The main expressions used in the lease mean the following.
- The term - this is the length of time the lease has been granted for. This period is usually 125 years from the first lease in the block being granted.
- Easements rights and privileges - this section of the lease explains your rights.
- Excepted and reserved - this section of the lease explains our rights and those of other people who live in your building.
- Demised premises - this expression simply means the inside of your flat or maisonette. It can also include any gardens, sheds or garages that may have been included when you bought your lease.
- The reversion - this expression applies to those areas of the building that have not been included in your lease. These will be any common areas, such as stairways and balconies, and also any other flat in the building that has not been sold.
How many types of lease do you use?
We use two main types of lease.
- Block lease We use this lease for flats that are in blocks on an estate. Blocks that stand on their own grounds (known as clusters) also have block leases. The service-charge percentage is split into two - the block percentage and the estate percentage. (Go to 'How do you work out my service charge?' for an explanation of how we work out these charges.)
- Non-block lease We use this lease for flats that are in blocks that are not on estates. These are usually converted houses.
Here are a few of the important clauses in the lease that you should know about:
Ground rent
What is ground rent?
This is the rent for the land that your property forms part of. It only applies to leasehold properties.
How much is my ground rent?
Right-to-buy leasehold properties
The ground rent is £10 a year. We will ask for this on 1 April each year
Properties where the lease is not an original right-to-buy lease
The ground rent is different for some of these properties and is set for different periods of the lease. For example, the ground rent during the first 25 years of the lease might be £150 a year, and then increase to £300 a year during the next 25-year period. You should check your lease agreement to find out what the current ground rent is for the period. We will ask for this on 1 April each year.
What parts of the flat am I responsible for?
You will be responsible for maintaining the inside of your flat. This includes:
- the floor surfaces, including floorboards
- the ceiling plaster or plasterboard
- the plaster or plasterboard of the walls
- glass in windows, but not the window frames
- all doors and door frames inside the flat and the front door to it
- pipes, wires and cables that serve your flat only, including any protection surrounding them
- decorations inside your flat
- all fixtures and fittings including plumbing and sanitary apparatus, such as sinks, baths and toilets
- electrical and gas appliances
What are your responsibilities?
Towards my flat?
We must repair and maintain the structural parts of your flat. Under the lease, you must pay a share of our expenses in repairing, maintaining and renewing these parts.
These areas include:
- the window frames
- concrete floors
- structural walls
- pipework, wires and cables that run through your flat to other parts of the building.
Towards my building?
It is our responsibility to repair, maintain, renew and provide services to the shared areas and structure of the building. Under the lease, you must pay a share of our expenses in repairing and maintaining these areas.
These areas include:
- shared staircases, corridors and balconies
- door-entry systems
- lifts
- the roof space
- roofs
- main timbers and joists
- concrete floors
- foundations
- window frames (shared and individual)
- outside walls or dividing walls
- shared wiring, cabling and pipework
- district heating systems.
Towards my estate?
If your property is on an estate, we are responsible for repairing, renewing, maintaining, replacing and providing services to the roads, ways, pathways, shared landscaped areas and play areas on the estate. We are also responsible for the underground cables, wires and pipes that supply gas, electricity and water to the estate. Under the lease, you must pay a share of our expenses in repairing, renewing, replacing and maintaining these areas.
Do I have to give you access to my property for carrying out work?
Yes you do have to give us access. We are responsible for the building structure and shared areas. If we need to enter your flat to fix something, for example, balconies, windows, brickwork, shared pipework or cables, we will give you a reasonable notice period (unless it is an emergency) before we start the work.
You must also let us into your home so we can inspect it. This is because we must be satisfied that your home is maintained to a reasonable standard. We will give you notice for this. After the inspection, if we find that the flat needs repairing, we will give you a period of time (usually two months) to carry out the repair. If there has been an emergency, you will have to do the work immediately. Another inspection will take place at the end of the period. If you have not carried out the repair or the work is of poor quality, we will do the work and charge you for it.
As a leaseholder, will I be allowed to alter my flat?
If you want to make changes to your flat (such as putting in a new bathroom or kitchen), you must give your housing office details of the work and the contractor you are going to use before you start any work. You must get written permission from your housing office before you start any work. You may also need to get planning permission. Any work we agree to must meet health and safety rules, and you may need a building regulations certificate. You must give your housing office copies of these documents. We will check the work when it is finished to make sure it meets an acceptable standard.
We will not give you permission to make any structural alterations to the flat (for example, to knock down supporting walls).
You should also tell our insurance department about the work, as they might need to change the conditions of your insurance policy. If you have a mortgage, you should tell your mortgage company about the work you are doing.
Do I have to decorate my flat?
Yes you do have to decorate the flat. The lease says that you must decorate those parts of the inside of the flat which should be decorated every five years.
Can I sublet my flat?
Yes you can sublet your flat but you must tell us. You must write to your housing office and give them your forwarding address or the address of your managing agent. You must also tell our insurance department as this may increase the cost of insuring your home. If you have a mortgage, you should tell your mortgage company that you have sublet your flat.
If you sublet your home, you should make sure that your tenants agree to the contract you have with us. You can do this by asking your tenants to fill in a tenancy agreement. You must tell your tenant to follow the conditions of your lease. If they do not, you will be breaking your lease agreement and we will take action against you.
If you have any gas appliances in your home, the Gas Safety (Installation and Use) Regulations 1998 apply to you. This means that you must make sure that a gas safety check is carried out every year and that your appliances are properly maintained. You should give your tenants a copy of a landlord's gas safety certificate and keep a record for two years. When you tell us that you are going to sublet your home, we may ask you to send us a copy of this certificate.
If you sublet your home, you will still be responsible for paying us any service charge.
Am I allowed to have pets?
Please check your lease agreement or check with your housing office. If your lease allows you to keep a pet, you must keep it under control.
Can I put in my own central-heating system?
Yes you can, but you must get our written permission before putting in your own heating system.
If we give you permission, you must give us details of the work you want to do and get permission, in writing, from your housing office. The work must meet building regulations and health and safety standards. You must send copies of these certificates to your housing office.
If you are fitting gas-fired heating and hot water, a recognised gas installer such as a CORGI-registered engineer must check the work.
You will also be responsible for repairing and maintaining your heating system (this includes boilers, pipework and radiators).
My property is on your district heating and hot-water system. Can I disconnect from your system and put in my own central heating?
If your home is on our district heating system, you must get our permission, in writing. If we give you permission, we will disconnect you from our district heating system. There may be a charge for disconnecting you so check with your housing office.
You must also obtain a form BC1 from Building Control. Please see 'Other useful addresses and phone numbers'. When the work is finished, you must fill in this form and send it to Building Control who will inspect the work. There is a fee for this.
You must give us details of the work you want to have done and get permission, in writing, from your housing office. The work must meet building regulations and health and safety standards. You must send copies of these certificates to your housing office.
If you are fitting gas-fired heating and hot water, a recognised gas installer such as a CORGI-registered engineer must check the work.
You will also be responsible for repairing and maintaining your heating system (this includes boilers, pipework and radiators).
What happens to my heating and hot-water charges once I have been disconnected from your system?
After inspecting the work and getting confirmation of the date of your disconnection, your housing office will arrange for the heating and hot-water charges to be removed from the service-charge account.
You will have to pay your energy bills for heating and hot water to the utility company direct, and you will have to pay VAT on your fuel bills.
Gas safety
Under the conditions of your lease, you are responsible for keeping any appliances in your home in a safe condition. This is so that they do not present an increased safety risk or danger to the flat or any of the people who live in it, or any other flats in the building.
What do I have to do to make sure my gas appliances are safe?
You must have your gas appliances serviced every year by a recognised gas installer such as a CORGI-registered engineer. If you do not do this, you may be breaking the conditions of the lease. We may ask you for evidence that you have had a safety check or service in the last 12 months.
If you are subletting your home, see the section 'Can I sublet my flat?'.
Can you service my appliances?
We cannot service your appliances but, in response to requests from leaseholders, we have negotiated with our gas-servicing contractors to provide this service for you. As we buy this service in bulk for our tenants, you should get cheaper rates than you would expect to pay if you ordered the service directly.
Your housing office will be able to give you details of how to contact the
gas-servicing contractor that they use. The contractor will be able to give you a quote for the cost of the service and arrange an appointment with you. They will ask you to pay in advance.
The service
The engineer will check all your gas appliances. They will clean the gas burner and fire, removing any blockages, and check the chimney to make sure that the appliance is ventilated properly.
The engineer can also carry out any necessary repairs and give you valuable advice on how to get the best value from your gas bill. Replacing parts is not included in the service we have agreed with the contractors.
Can you check my appliances?
You must allow us or our agents into your home to inspect and, if necessary, close down the appliance. We will give you reasonable notice unless it is an emergency. If we have reasonable evidence that the equipment may not have been serviced and is dangerous, we will decide whether an appliance should be shut down. If the appliance is shut down, this will be at your expense. If this happens, you will either have to repair the appliance before it can be used again or replace it. We or our agents will need to inspect the equipment after it has been repaired or replaced.
What about chimney flues?
You are responsible for ordinary flues that come directly from the boiler to the outside of the property.
A chimney flue is part of the structure of the building so it is our responsibility to repair it if it is blocked or damaged. When you employ a recognised CORGI-registered gas installer to carry out a gas safety check, they will identify any problems with the chimney flue.
If your safety check shows a problem with a chimney flue, for example, a blockage in the flue, you should tell us straight away. We will arrange for appropriate work to be carried out to the flue in line with our responsibilities, as a freeholder, to maintain the structure of the building. We will charge you for the work either in your annual service charge under general maintenance or by sending you a separate invoice.
Can I put up my own TV aerial or satellite dish?
In most converted street properties, you will be allowed to put up TV aerials in the roof space or on the roof of the building that you live in. You must get written permission from your housing office first.
If you live in a block of flats, you will not be allowed to put up your own TV aerial as these buildings generally have a shared TV aerial that our contractor puts up and maintains.
We are currently making arrangements for cable TV to be put in many of our buildings. For more information about whether your building is included in the programme, please contact your housing office.
You should check with your housing office and get written permission before putting up satellite dishes. We may refuse to grant you permission.
What does my lease say about harassment and nuisance?
You, your family and your visitors must not cause or be a nuisance to any of your neighbours. This includes playing a stereo or other types of music centres very loudly. You will also have to pay for any damage (including graffiti) to council property that is caused by you or any members of your family or visitors.
What does my lease say about getting rid of rubbish?
You must keep shared landings, staircases and balconies clear of rubbish and in a clean and tidy condition.
You should get rid of rubbish:
- down rubbish chutes (without blocking them)
- in bin chambers or wheely bins we have provided
- in your own rubbish bins.
If you do not get rid of your rubbish properly, we will treat it as a nuisance and may take legal action against you.
Please tell your caretaker or Housing Officer if rubbish is being dumped on your estate or street.
There are recycling bins (for newspapers, tins and glass bottles) in some parts of Lambeth. The Information Desk at the Town Hall can give you more information.
Collecting large items of rubbish
Help your estate's caretaking staff and rubbish collectors by keeping chutes clear, wrapping rubbish properly and not dumping large items. If you see any large items left lying around the shared areas of your block or your estate, please tell your caretaker or Housing Officer. We can arrange to remove large items.
You will be breaking the conditions of your lease if you dump large items in your building or on your estate.