What Are My Rights As A Leaseholder?

Nikka Sulton

What Are My Rights As A Leaseholder?

Understanding leasehold rights and responsibilities is crucial in business lease agreements. Leasehold grants the right to use a property for a specified period. As a leaseholder, obligations entail compliance with contract regulations, covering maintenance, insurance, and legal requirements.

What are the effects of the lease?

A lease is a critical document for owners and potential buyers of leasehold properties. It’s a legally binding contract that transfers possession of a flat for an agreed period, often allowing access to communal areas. It outlines rights and duties for both landlord and leaseholder, sometimes involving a third party like a manager. Maintenance responsibilities, usage restrictions, and conditions for lease sale or transfer are typically included.

Leases commonly require leaseholders to pay ground rent and contribute to building maintenance costs via service charges and reserve funds. When a property changes hands, the new owner usually inherits the remaining lease term. However, some leases necessitate a ‘surrender and re-grant’ process, issuing a new lease from the purchase date.

While leases vary, most long leaseholders possess statutory rights to extend their lease or purchase the freehold alongside other leaseholders. Understanding one’s lease, possibly with professional guidance, is crucial for grasping rights and obligations. Residential leases within the same property are often similar, differing mainly in personal details and lease term specifics.

In case of inquiries or disputes, referencing the lease and seeking professional advice is advisable. The Leaseholder Association (LA) offers guidance to its members on interpreting residential leases.

What are a leaseholders’ rights and obligations under a typical lease?

Leaseholders’ Rights:

– Peaceful enjoyment of the property

– Reasonable access to common areas

– Support, shelter, and protection from other parts of the building

– Access to utilities and service media

– Common parts kept in good repair and redecoration

– Benefit from specified services in the lease

Leaseholders’ Obligations:

– Pay ground rent

– Contribute to service charges and reserve funds

– Maintain their flat

– Cover costs of damage to common parts

– Allow access for repairs or emergencies

– Use the flat appropriately and avoid nuisance

– Seek consent for structural alterations or subletting

Landlords’ Rights:

– Receive ground rent

– Recover expenditure through service charges

– Appoint a manager

– Make regulations for common areas

– Inspect properties with notice

– Make alterations without affecting leaseholders’ rights

– Receive the property in reasonable condition at lease end

Landlords’ Obligations:

– Enforce leaseholders’ covenants

– Ensure consistency among leases

– Ensure leaseholders’ quiet enjoyment

– Maintain common parts

– Provide specified services and insurance

– Properly demand and manage service charges

What statutory rights does the leaseholder have?

Below is an expanded version of the summary outlining leaseholders’ statutory rights, in addition to the contractual rights specified in the lease:

Leaseholders possess a range of statutory rights that complement the contractual obligations delineated in their lease agreements. These rights are designed to empower leaseholders and ensure fair treatment in their interactions with landlords and property management entities.

Right to Information About the Landlord: Leaseholders have the entitlement to obtain comprehensive information regarding their landlord, facilitating transparency and accountability in property management.

Right to Form a Tenants’ Association: Leaseholders can exercise their right to organize and establish a tenants’ association, enabling collective representation and advocacy for their shared interests and concerns.

Right to Challenge Service Charges: Leaseholders retain the right to dispute the reasonableness of service charges at a First-Tier Tribunal (FTT), providing a mechanism for redress in cases of perceived overcharging or unjustified expenses.

Right to Challenge Administration Charges: Similarly, leaseholders have the right to contest administration charges at an FTT, ensuring that fees levied for administrative tasks are fair and proportionate to the services rendered.

Right to Information About Insurance: Leaseholders are entitled to access information regarding insurance coverage for the property, enabling them to understand their obligations and liabilities in the event of damage or loss.

Right to Be Consulted About Major Works: Leaseholders have a say in decisions concerning major works and long-term agreements affecting the property, ensuring that their voices are heard in matters impacting their living environment and financial commitments.

Right to Seek Lease Variation: Leaseholders possess the right to seek variations to their lease terms, with the option to escalate unresolved disputes to an FTT for adjudication if consensus cannot be reached among involved parties.

Right to Extend Lease: Leaseholders can extend the term of their lease by an additional 90 years, providing them with greater security and flexibility in their tenure arrangements.

Right to Request Appointment of a Manager: In cases of alleged mismanagement by the landlord, leaseholders have the right to petition for the appointment of a manager through an FTT, safeguarding their interests and ensuring proper property management practices.

Right to Management Audit and Surveyor Appointment: Recognized tenant associations possess the authority to conduct management audits and appoint surveyors to assess property conditions and management performance, empowering leaseholders to uphold standards of accountability and transparency.

Right to Manage Collectively: Leaseholders collectively hold the right to assume management responsibilities for the property without the burden of proving landlord fault or providing compensation, fostering greater autonomy and control over property affairs.

Right to Enfranchisement: Leaseholders have the collective right to purchase the freehold of the building, even in instances where the landlord is unwilling to sell, empowering them to take ownership of their property collectively and assert greater control over its management and destiny.

Right to First Refusal: In situations where the landlord intends to sell a controlling interest in the property, leaseholders are afforded the collective right of first refusal, enabling them to preemptively acquire ownership stakes and preserve their stake in the property’s management and governance.

These statutory rights serve as essential safeguards for leaseholders, providing avenues for recourse, advocacy, and collective action to uphold their rights and interests within the property ownership framework. Understanding and asserting these rights empower leaseholders to actively participate in property management decisions, ensure accountability from landlords and management entities, and safeguard their long-term investment in the property.

What is ground rent?

Ground rent, outlined in the lease, is a fee payable by residential leaseholders to the landlord. The lease specifies the amount and potential increases, with recent legislation requiring landlords to serve a written notice when ground rent is due.

This notice must detail the amount owed, payment date, leaseholder’s details, recipient’s information, and supporting notes. The payment date must be within 30-60 days after service, or as per the lease terms.

The landlord cannot impose additional charges without serving a notice, nor initiate forfeiture action without issuing a Section 146 notice for unpaid ground rent. Legal action is only viable if the leaseholder fails to respond after receiving the demand notice as per legal requirements.

What might happen if charges are not paid by a leaseholder?

Although there’s no dedicated legislation for housing debt recovery, landlords typically follow government-approved codes of practice. These include:

Monitoring Payments: Landlords track service charge and ground rent payments to help leaseholders avoid arrears.
Providing Information: Leaseholders are given necessary information to manage arrears effectively.
Prompt Communication: Landlords promptly contact leaseholders when arrears occur to discuss solutions.
Offering Support: They may recommend welfare agency advice or debt counselling if appropriate.
Consistency and Compliance: Actions align with lease terms, laws, and codes of practice.

In cases of persistent arrears, seeking independent advice from The LA, housing advice centers, citizens’ advice bureaus, or solicitors is advisable.

What enforcement action might be taken?

If a leaseholder does not adhere to payment agreements or maintain communication, the following enforcement options may be pursued for debt recovery:

Contacting the leaseholder’s mortgage lender.
Initiation of civil action, such as a small claims action or county court judgment.
Forfeiture – details below.

In instances of a deceased leaseholder, the landlord or manager might opt to defer charges until the property is sold or rented out. However, this concession is discretionary, and the landlord or manager retains the contractual right to take recovery action as per the lease.

What is forfeiture?

If a leaseholder violates any terms of the lease, the landlord may have the right to initiate forfeiture proceedings and reclaim possession of the property. However, legislation provides safeguards for leaseholders in such situations. The landlord cannot re-enter the premises without a court order while the property is lawfully occupied. Additionally, a section 146 Notice must be served before forfeiture.

The process typically begins with the landlord serving a Notice of Seeking Possession under section 146 of the Law of Property Act 1925. This notice outlines the alleged breach and allows the leaseholder to rectify it or compensate the landlord. For non-payment of service charges, forfeiture action can only commence if the charge is agreed upon, admitted by the leaseholder, or determined by a court, FTT, or arbitration.

During forfeiture proceedings:

– The breach must be acknowledged by the leaseholder or determined by a court, FTT, or arbitration.

– The leaseholder must be given 14 days to resolve the breach or pay arrears after a final determination.

– If the breach remains unresolved after 14 days, the landlord can serve the Section 146 notice, subject to county court determination before enforcement.

Throughout legal proceedings, the leaseholder has opportunities to address the issue and prevent lease forfeiture.

What restrictions are there on forfeiture action?

The landlord cannot issue a valid Section 146 notice for forfeiture unless:

The outstanding amount of service charges, administration charges, or ground rent exceeds £350, or
The outstanding amount, if less than £350, has been due for over three years.
Administration charges for non-payment are not considered in this £350 limit calculation.

While forfeiture may not occur, landlords can pursue arrears through other means, such as the small claims court. Therefore, leaseholders should not withhold payments below £350, assuming no action can be taken.

Though not legally required, some approved codes of practice suggest that after forfeiture and property repossession, landlords should reimburse the former leaseholder for the forfeited lease’s value. However, deductions may include:

Legal and management costs for forfeiture.
Costs related to property marketing and resale.
Other reasonable costs incurred during the lease period or upon resale.

What are the leaseholders’ rights to information about their landlord?

Landlords must:

Provide a designated address in England or Wales for legal notices.
Non-compliance exempts leaseholders from paying until the information is provided.
Include landlord’s name and address on all written charge demands.
Without this, charges aren’t payable until details are supplied.
If landlord’s address is abroad, provide an address in England or Wales for notices.
For corporate landlords, leaseholders can request directors’ and secretary’s details in writing.
Notify leaseholders in writing of any change in landlord, providing new details.
Failure to comply is a criminal offense.

What is a management audit?

Long leaseholders have the option to conduct a management audit to assess the activities of their landlord or manager. This audit entails covering the fees of the auditor as well as the reasonable costs incurred by the landlord or manager during the process. However, it’s advisable to explore other avenues before opting for an audit, with the Leaseholder Association offering assistance through conciliation services if needed.

This right extends to long leaseholders who pay variable service charges and mandates that the audit be conducted by a suitably qualified individual. If there are only two properties, either leaseholder can initiate the audit. However, if there are more than two properties, at least two-thirds of the long leaseholders must agree to exercise this right. Importantly, the audit right doesn’t grant leaseholders or their representatives the authority to conduct independent investigations into the activities or practices of the landlord or manager.

What is the objective of a management audit?

The primary objective of a management audit is to assess whether the landlord fulfills their management responsibilities as outlined in the lease and statutory regulations efficiently. It encompasses reviewing various management aspects and scrutinizing expenditure to ensure cost-effectiveness. Auditors inspect common areas and examine pertinent documents, potentially uncovering evidence of inadequate management, valuable in legal proceedings.

While a management audit doesn’t inherently offer remedies, it serves several purposes:

– Evaluating management standards and procedures.

– Conducting a comprehensive review of service charge accounts.

– Enforcing lease covenants on management, maintenance, and services.

– Ensuring compliance with approved management codes.

– Providing evidence for challenging service charges at an FTT.

– Supporting applications for manager appointments.

Qualified surveyors or accountants, independent of tenants and with no affiliations to the landlord, must conduct the audit. Leaseholders supporting the audit sign a notice served to the landlord. However, it’s crucial to note that while a management audit reveals irregularities, leaseholders may still need to resort to legal avenues like courts or FTTs for resolution.