Your leasehold

Your rights and responsibilities as a leaseholder. Includes guidance about repairs and neighbours.

Your lease

Your lease is a legal agreement between the council (the landlord) and you. It is a contract between two parties which sets out the rights and responsibilities of both you, the home owner, and the landlord.

Understanding your lease

Like most legal documents your lease can be difficult to read and understand. If there is anything in your lease that you do not understand, we strongly advise you to take independent legal advice.

You should keep a copy of your lease in a safe place. If you lose it or need a further copy you should contact Land Registry who will be able to provide you with a copy at a fee.

Traditionally, leases would run for a period (term) of 125 years. Your lease will tell you the date when it comes to an end.

You have the right to extend your lease, see Leasehold after sales for more information, or contact H&F Home Buy:

020 8753 6464

h&fhomebuy@lbhf.gov.uk.

There are several Acts of Parliament on leaseholder rights, the main ones are:

Copies of these can be found in most public libraries.

Your rights

  • Enjoyment of your property
    You have the right to expect your landlord to deal with any problems in your block or on your estate. For issues with neighbours, noise or anti-social behaviour, see Resolving neighbourhood problems. For issues with communal areas or green spaces, see Looking after your estate and green areas
  • Sub-letting
    You have the right to sub-let your home to another person either by renting the property out or granting an under-lease. You do not have to ask our permission to do this, but you must tell us you are doing this as specified in the lease and should advise your mortgage lender of this. Legal requirements from leaseholders wishing to sublet tells you what information you must give our legal team.
     
  • Selling your flat
    You have the right to sell your lease to anyone you want to. You can also leave your lease to someone in your will or give it away as a gift. If you bought the flat under the Right to Buy scheme, in the last five years you will have to repay some discount if you sell it. When you sell your flat, we can provide a pre-sale enquiry pack, which will answer the standard queries from solicitors. The cost of a pack is £200 and any cheques should be made payable to the London Borough of Hammersmith & Fulham (LBHF), and sent to:
    Leasehold Services
    Town Hall Extension
    King Street
    London
    W6 9JU
    or you can call us on 020 8753 4500 or Freephone number: 0800 840 4501

Your responsibilities

As a leaseholder you have taken on a number of responsibilities under the lease agreement. This is not only in your own flat, you have in effect become a shareholder in the building where your flat is and have some responsibilities for the block.

  • Repairs and maintenance
    You are responsible for keeping the inside of your flat in a reasonable condition and not doing anything or allowing anyone living with you, renting or leasing your property or visiting you to do something resulting in damage to the flat or building. You have a duty to report damage or faults you find in the building to your landlord. See Repairs and maintenance
     
  • Living with your neighbours
    Like you, others in the building have the right to quiet enjoyment of their homes. You must make sure that you, or anyone living in or visiting your flat, does not cause a nuisance to others. We will take action against nuisance neighbours and both tenants and leaseholders risk losing their homes if they cause a nuisance. See Resolving neighbourhood problems
     
  • Service charges
    You have taken on the responsibility to pay towards the costs of repairing and maintaining the building (and estate) and the services provided by the management company, for example, caretaking, grounds maintenance and concierge services. Failing to pay your service charges can put your home at risk and is against the conditions of your lease. See Service charges

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