Leaseholders

Leaseholders

As a leaseholder with Lincolnshire Housing Partnership you have special rights and responsibilities for your home which are set out in your lease.

This dedicated leaseholder area provides advice and guidance on your lease and managing your home, subletting, home improvements, along with lots of extra information that you may need whilst you are a leaseholder with us.
If you are a Shared Owner you will also have a lease with Lincolnshire Housing Partnership. There is a page that is dedicated for you.

What is a lease?

A lease is a contract between the leaseholder and LHP giving conditional ownership for a fixed period of time. It is an important document and leaseholders must ensure that they have a copy and that they understand it. The wording of leases is usually in ‘legal language’ and can vary from property to property. If you cannot understand your lease please contact us. You can also read more in our Leaseholder Handbook.

We have listed a few common definitions within your lease:

Terms referred to in Leases

“The Act” means the Housing Act 1985 (as amended)

“The Building” means the entire structure of which the Demised Premises form part
and each and every part of it as shown edged (in most cases edged red) on the Plan

“The Demised Premises” means the premises described in the First Schedule and
includes each and every part of it

“Lettable Unit” means a flat within the Building, other than the Demised Premises,
that is capable of being let and occupied on terms similar to those of this lease

“The Plan” the plan attached to this Lease

“The Regulations” means the additional regulations set out in the Eighth Schedule

“The Service Installations” means all sewers watercourses gutters downspouts channels culverts drains pipes wires cables soakaways and any other conducting media or apparatus for the supply or transmission of water sewage gas electricity and
other media and shall include all ancillary equipment

“The Term” means the term of years hereby granted together with any continuation or extension thereof and any holding over whether by statute or at common law orotherwise

“The Lessee” the owner of the flat in this case yourself

“The Lessor” your landlord in this case LHP

“Quiet Enjoyment” means the right to reside in the premises without, unreasonable, interference from the landlord

You may read it in your lease this way:

‘the lessee paying the rents hereby reserved and performing and observing the several covenants on the lessee’s part and the conditions herein contained shall peaceably hold and enjoy the Flat during the said term without any interruption by the Lessor or any person rightfully claiming under or in trust for the lessor’.

“Parties” to the lease means the people or companies involved in the contract. Your lease will usually show the names of the original parties to the lease on the first page. If you have bought the lease from someone else and are not the first leaseholder, it won’t be your name that appears in the lease. However, your solicitor will have registered you with the Land Registry as the lease owner.

“Easements” Rights granted to a leaseholder are usually called easements in a lease. For example, you may need to walk down a path you don’t own and up a staircase you don’t own to get to your flat

It is difficult to change the conditions of the lease after you buy, so make sure that the services provided in the lease are those that you want or can accept. The lease sets out the contractual obligations of the two parties: what the leaseholder has contracted to do, and what LHP as landlord is bound to do.

The leaseholder’s obligations will include payment of the ground rent and contribution to the costs of maintaining and managing the building. The lease will probably also place certain conditions on the use and occupation of the property. For flats, LHP will usually be required to manage and maintain the structure, exterior and common areas of the property, and collect contributions from all the leaseholders.

Leaseholders are not necessarily entirely free to do whatever they want in or with the property – the lease comes with conditions, to protect the rights of everyone with an interest in the building. When a flat/house changes hands, the seller assigns all the rights and responsibilities of the lease to the purchaser, including any future service charges that have not yet been identified.