Rights and responsibilities

Your rights and responsibilities as a leaseholder are set out in Lewisham Council's standard lease. The lease is the contract between the Lessee (the leaseholder) and the Lessor (the freeholder/landlord).

Your lease is a legal agreement between you, the leaseholder, and, in this case, the Council (your landlord). It gives you rights over land or buildings for a limited period of time. Most leases granted under the Right to buy are for 125 years. However if a property in your block was sold before you bought your lease, the term of your lease will probably be for less than 125 years. This ensures that all leases in the block end on the same date.

The London Borough of Lewisham has two main types of lease, these are: 

• One for flats that have been converted from large houses
• One for flats in purpose built blocks

If you have a query about your own lease you should seek independent advice from a solicitor, Citizens Advice Bureau, local Law Centre or LEASE.

 

The responsibilities and obligations for repair and improving the property are set out in covenants. Some covenants place obligations on either the leaseholder or the freeholder to carry out certain actions, other covenants prevent the leaseholder or the freeholder from doing certain things.

The lease also defines what is included as part of the leasehold property including garden land and fencing. It is worth drawing your attention to, in particular, the exclusion of window frames from the definition of the leasehold property. This means that the landlord is responsible for the maintenance and repair of window frames.

 

The last part of the lease agreement is called the declaration. The leaseholder must sign this declaration to say that you understand and will keep to the conditions of the lease. It is also signed by the Council to say that as landlord we fully accept our responsibilities under the agreement. Once the declaration has been signed by both parties it becomes legally binding.