Leaseholder Information

All leaseholder information can be downloaded as PDFs by clicking on the following links:

Leaseholder Handbook

Summary of Rights and Obligations

Methods of Payment

Major Works: Leaseholder

 

  1. Your Lease

A lease is a contract between the leaseholder (“you”) and the landlord (”Tai Ceredigion”) giving conditional ownership for a fixed period of time, which is often 125 years from the date of the first sale. It is an important document and you should ensure that you have a copy and understand it.

The wording of leases is usually in legal language and can vary from property to property. Leaseholders who find it difficult to understand the document should get advice from a solicitor.

The lease sets out the contractual obligations of the two parties: what the leaseholder has contracted to do, and what the landlord is bound to do.

Where properties have been purchased on the open market, the seller would have transferred all the terms and conditions to the leaseholder as part of the sale process.

A copy of the lease document can be obtained from the Land Registry Office for a small fee. The contact details are noted below:

 

HM Land Registry Wales Office

Tŷ Cwm Tawe

Pheonix Way

Llansamlet

Swansea

SA7 9FQ

Enquiries and appointments: contact form and phone numbers for Land Registry.

Contact form

http://landregistry.custhelp.com/app/contactus_general/

Office visits

To visit the Land Registry office you must make an appointment where 72 hours’ notice is required. Appointments are available from 8.30am to 6.00pm, Monday to Friday (excluding Bank Holidays).

Phone

Lines are open 8.00am to 6.00pm, Monday to Friday (excluding Bank Holidays).

Welsh:       0300 006 0422

English:     0300 006 0411

Call charges apply.

 

  1. Your Rights and Obligations

 

First and foremost, as a leaseholder, you have the right of “quiet enjoyment” of the flat for the term of the lease, this right is implied by law, even if it is not set out in the lease. “Quiet enjoyment” means the right to reside in the premises without, unreasonable, interference from the landlord.

In addition, leaseholders have the right to expect the landlord to maintain and repair the building and manage the common parts – that is, the part of the building or grounds not specifically granted to the leaseholder in the lease to which there are rights of access.

In return leaseholders must meet the obligations of the lease. Principally, these will be the requirements;

  • To keep and maintain the inside of the flat in good tenable condition by carrying out all repairs and maintenance that are your responsibility.
  • To pay (on time) the ground rent, insurance premium and service charges due, including your share of the cost of maintaining and running of the building.
  • To behave in a neighbourly manner and not to cause a nuisance or annoyance to your neighbours.
  • Not to do certain things without the landlord’s consent, for example sublet the flat.
  • Not to make any structural alterations or structural additions to the property nor to erect any new buildings or remove any of the landlord’s fixtures and fittings without the previous consent in writing.
  • Inform landlord of any disposal stating the name and address of the person to whom such disposal is made.

The landlord has an obligation to ensure that the leaseholder complies with such responsibilities for the good of all the other leaseholders. The above is not an exhaustive list and the rights and responsibilities will be set out in the lease.

 

  1. Service Charges

Service charges are payments by the leaseholder to the landlord for all services the landlord provides. These will include maintenance and repairs, insurance of the building and, in some cases, provision of central heating, lifts, porterage, estate staff, lighting and cleaning of common areas etc. These charges will also include the costs of management.

Service charges will vary from year to year; they can go up or down without any limit other than that they are reasonable.

All costs must be met by the leaseholders. Leases allow for the landlord to collect estimated service charges in advance, repaying any surplus or collecting any shortfall at the end of the year.

Leaseholders should also be aware that if you fail to pay your insurance charge, you will be jeopardising any building insurance cover in place.

As a landlord, Tai Ceredigion can only recover the costs of services which are reasonable. As a leaseholder, you have the right to challenge service charges which you feel are unreasonable at the First-tier Tribunal (The Residential Property Tribunal Wales, 1st Floor, West Wing, Southgate House, Wood Street, Cardiff, CF10 1EW. Tel: 03000 252 777

e-mail rpt@wales.gsi.gov.uk).

 

  1. Planned Maintenance and Major Works

Planned maintenance and major works are works carried out on your building or any other premises which Tai Ceredigion is responsible for under the terms of your lease and for which you are required to contribute. Under the Landlord & Tenant Act 1985 they will be major works if it costs any one leaseholder more than £250.

Major works will usually include such works as maintenance and repair, and some improvement, of the exterior and structure of the building and common parts. It will not include maintenance and repair of your own “demised premises”, which will, normally be the interior parts of the property as defined in your lease, that is therefore your own responsibility.

Tai Ceredigion will carry out full “Section 20” consultation where the cost of any qualifying works to any leaseholder is more than £250. The consultation process involves a notice to leaseholders describing the proposed works, explaining why they are necessary and giving an estimate of the total cost of the works .The notice should invite “observations” on the proposed works and allow leaseholders 30 days for these to be sent to Tai Ceredigion.  In some circumstances leaseholders are entitled to nominate a contractor for Tai Ceredigion to obtain an estimate from. If observations are received, Tai Ceredigion is required to “have regard” to them and respond directly to you as leaseholder(s) making the observation(s) within set time limits.

Tai Ceredigion will seek to offer a range of payment options to assist those who would otherwise have difficulty in meeting the charges for which leaseholders are liable. Eligibility for certain repayment options may depend upon a leaseholder’s circumstances.

“Major Works – A guide for leaseholders of social landlords” developed by LEASE and funded by the Welsh Government can be found at,

http://www.lease-advice.org/files/2016/09/Major-Works-Leaseholder-English.pdf

 

  1. Leaseholder Advisory Service

 

The Leasehold Advisory Service is a Non-Departmental Public Body funded by Government to provide free impartial advice on the law affecting residential leasehold property in England and Wales.

LEASE’s advice, guides, podcasts and FAQ can be found at their website page, http://www.lease-advice.org/advice/

 

  1. Tai Ceredigion’s Leaseholder Guide

       Can be found on Tai Ceredigion’s Website www.taiceredigion.org.uk