Leaseholders
What is a leaseholder?
You will be leaseholder if you have
bought:
- Your home under a shared ownership scheme (now known as
HomeBuy)
- Your home under another low cost home ownership scheme such as
discounted sale
- Your flat/apartment under the right to buy or right to
acquire
Your lease
Your lease is a formal contract, between you
(the leaseholder) and us (Broadacres – the freeholder), setting out
the rights and obligations of both parties. When you bought your
home you bought the right to live in your property for a period of
time (up to 125 years).
Length of lease
If you are the first person to buy the
property, the lease will be granted for a period of up to 125
years. Subsequent owners take over the number of years remaining on
the lease at the time of the purchase. When the lease runs out the
property reverts back to us or you can apply for an extension of
the lease.
Main terms of the lease
The main sections of your lease give you
details on the following:
- A description of the property defining the boundaries and areas
you are responsible for
- Rent and service charges you must pay when the lease
starts
- How and when the rent and service charges are reviewed
- The items that may be included within your service charges
- An explanation of the legal responsibilities for you and
us
Your rights and responsibilities under the lease
As a leaseholder you have the right
to:
- Live in your home for the length of the lease
- The quiet enjoyment of your home
- For apartment owners, the repair of the structure and communal
areas by us.
- Sell the lease on your home (for the remaining years) or leave
it to someone in your will. If you have bought your home under the
Right to Buy or Right to Acquire, you may need to repay some or all
of the discount that you received.
If you bought your home under a low cost home ownership scheme,
there are restrictions on who you can sell your home to which are
outlined in your lease.
If you are a shared owner, you have additional
rights to:
- Purchase further additional shares of the equity (known as
staircasing) although in some rural schemes you cannot purchase
100%.
- Obtain the freehold if you have purchased 100% of the equity of
a house.
As a leaseholder you have a
responsibility to:
- Pay the ground rent and existing and future taxes on the
property
- Keep the property in good repair, decoration and condition,
including servicing appliances and installations in line with
current regulations.
- Pay the buildings insurance for your property.
- Pay the yearly service charges as a contribution to the
maintenance in and around the building
- Obtain permission from us prior to making any alterations to
your home.
- Allow your neighbours the same right to “quiet enjoyment” of
their home and not to cause nuisance or annoyance or cause damage
to any neighbouring property.
- Comply with the conditions in your lease about pets and use of
the property.
- Not to do anything which is likely to damage the structure of
the building or damage any shared services.
- Keep the communal areas clean and tidy unless we provide a
service for which you pay.
- Send us legal notice of any change of ownership with a
registration fee.
- Inform us in writing of any correspondence address.
Shared owners have additional
responsibilities:
- To inform us if you wish to sell your home and obtain our
consent. This will not be unreasonably withheld.
As the freeholder, our
responsibilities are:
- To maintain any external communal areas for which you pay a
charge
- To keep your home insured against loss or fire
- To send an annual statement of service charges
If you live in an apartment:
- To maintain the structure and exterior of the building
- To maintain the internal communal areas and keep them clean and
well lit.
Your statutory rights
In addition, as a leaseholder you have extra
statutory rights, which give you the right to:
- Information about your landlord (Broadacres)
- Seek recognition for a residents association
- Information about the service charges and right to challenge
them
- Be consulted about any major works and long-term agreements to
carry out works to your apartment or block of apartments.
- Information about the landlords (Broadacres) insurance.
If there are a majority of leaseholders in a
block of apartments and they agree you also have the right to:
- A management audit
- Manage
More information about all these rights can be obtained from the
booklet called “Residential
long leaseholder – a guide to your rights and
responsibilies”.