Your Lease

Your Lease

What is a lease?

A lease is a legal agreement or contract between you and the person who owns the land and the building your home is in. The lease sets out both parties’ rights and responsibilities, this includes if you want to sell (assign) your lease, alter your home, or sublet it.
 
Your lease
 
Your lease is a type of tenancy that allows you to live in your home for a set period of time, usually 125 years, starting from when the first property in your building was sold. The set period of time is known as the lease ‘term’.
 
If you bought your home on the open market, the seller will have transferred the rights and responsibilities to you under the lease for the rest of its term. There are a small number of properties where the Council do not own the freehold of the building. In these cases the lease between you and the council is known as the underlease, but it works in almost the same way as if the Council did own the freehold.
 
What is Partners responsible for?
 
Your lease sets out the services Partners provides on behalf of the Council, and includes how Partners can recover the cost of those services through service charges.
   
What if the terms of the lease are broken?
 
Partners are responsible for ensuring the Council meets its obligations under the terms of the lease.

If we think you have breached (broken) the terms of your lease agreement we will contact you; for example, if you are behind with your service-charge payments or have made an alteration to your home without our consent. If you do not put things right, we will take further action. As a last resort we will take legal action, which could lead to you losing your home without any financial compensation.
 
How to get a copy of your lease
 
The Land Registry will provide you with a copy of your lease for a small fee. 
Or you can get a copy from us for a fee of £25. Please phone us to make a payment over the phone by debit or credit card or make cheques payable to Hyde Housing Association. 

Ground rent
 
As your lease is a type of tenancy, you have to pay rent for the ground your property is built on. This is known as ground rent and is a fixed amount of £10 every year for most properties.

Your rights and responsibilities
 
As a leaseholder you have the right to live peacefully in your home. In return, you must meet the obligations of your lease. These include but are not limited to:
 

You are responsible for looking after everything that is inside your home or that relates only to your home.
 
This includes: 

What property do you own?

The lease plan shows the property you own, which is known as the ‘demised premises’. The plan also shows where your home is in the building and whether your property includes a private or communal garden.
 
Usually, the space inside the roof is not included in your property, even if access to it is only through your home. The same applies to any flat roof surface on the building.
 
Responsibilities not covered by your lease
 
There are other charges and services for your home that are not conditions of your lease but are still your responsibility. These include:

Partners’ rights and responsibilities
 
Partners are responsible for the main structure and exterior of the building, the shared parts and any shared services to your building. These will depend on the type of property you live in, but will include: 

Partners, as agents for the Council, have the right to access your home to do inspections or repairs. We must do this at a reasonable time and give reasonable notice (48 hours’ notice in writing). In an emergency we may need immediate access, and if we can’t contact you we may have to force entry or get a court order allowing us access (or both).