Leasehold ownership is simply a long tenancy, the right to occupation and use of the flat or maisonette for the term of the lease.
The term of the lease (usually be 125 years) is fixed at the beginning and so decreases in length year by year. A flat or maisonette bought as leasehold can be bought and sold during the term of the lease.
When you purchase a flat or maisonette you are buying the right to occupy part of a larger building. The ownership of the flat or maisonette relates to everything within the four walls, including floorboards and plaster to walls and ceiling, but does not usually include the external or structural walls and roof.
The structure and common parts of the building and the land it stands on are owned by the council, which is responsible for its maintenance and repair.
A lease is a contract between the leaseholder and the council, giving conditional ownership for a fixed period of time, that is, the term of the lease.
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.
Common terms used in the lease include:
- 'leaseholder' or 'lessee' - the owner of the flat or maisonette
- 'lessor' - the council
- 'demised premises' - the internal shell of the flat or maisonette which you have bought
The right of occupation of the flat for the term of the lease.
In addition, the leaseholder has the right to expect the council to maintain and repair the building and manage the common areas, that is, the parts of the building or grounds not specifically granted to the leaseholder but to which there are rights of access (for example, the entrance hall and stairs).
To keep the flat in good order, to pay (on time) a share of the costs of maintaining and running the building and abide by the terms and conditions specified in the lease.
For queries on your lease and your rights, please contact the council's leasehold officer, on 01246 959764.
To report a repair please email repair.requests@chesterfield.gov.uk.
Service charges are payments by the leaseholder to the council for all the services the council provides.
Service charges cover the owners' share of the costs incurred by the council in managing, maintaining, repairing and improving the structure and communal areas of the block to which the purchased dwelling forms a part.
Service charges can vary from year to year; they can go up or down without any limit other than they are reasonable.
Details of what can and cannot be charged by the council, and the proportion of the charge to be paid, will be set out in the lease.
Day-to-day repairs may include, for example, repairs to staircase lighting, refuse disposal systems and door entry systems. These are repairs that are not planned but are done when the council is notified there is a problem. This type of work is called a 'responsive repair'.
Occasionally more substantial work will need to be done to your block, such as major roof repairs, full window replacements, etc. This type of work is called 'programmed repairs'.
Such work is planned in advance (rather than responsive) and is prioritised and planned by Housing Services. We will advise you before any major work is started, and ask you for your views.
Programmes of work are reviewed regularly and are subject to change depending on priorities and finance.
As well as service charges, you will also receive charges for buildings insurance and ground rent.
You will need to arrange your own contents insurance to insure your belongings.