Glossary of leasehold terms
Assignment: This is the sale of the lease to
another person.
Block: This is the building in which your home
is located. All leaseholders are responsible for paying a share of
the running and management costs for the block
Breach of covenant: This is the term used when
a duty set out in the lease is broken.
Collective enfranchisement: This is when a
group of leaseholders buy the freehold of the block.
Commonhold and Leasehold Reform Act 2002: This
is a law which gives leaseholders more rights to buy the freehold,
to be consulted on works and contracts, and be given information
about money that is spent on the building
Common parts: These are the areas which are
shared with other residents and include entrance areas, corridors,
lifts, staircases, bin stores, communal gardens and any other parts
within the block and outside which are intended for the use of the
residents of that block
Consents: This is the written permission
leaseholders require from the landlord when they are considering
making alterations or additions to the property.
Consultation: This is the process that we go
through when we tell you about expensive works and contracts and in
some cases to suggest contractors to carry out the work
Covenant: This is a legally enforceable
promise, for instance a leaseholder's covenant to pay the service
charge.
Decent Homes Standard: This is a Government
housing standard which requires all Councils and Housing
Associations to bring their properties up to a certain standard by
2010.
Demised premises: This is the definition of the
property being leased. This is set out in the fourth schedule of
the lease and includes the surfaces of floors and ceilings, but
excludes joists and subfloors. Lofts and cellars are also excluded
from leasehold sales as these form part of the structural areas
which the landlord maintains. You should also look at the lease
plan when checking the leased property.
Enfranchisement: The process by which
leaseholders, individually or as a group may be able to buy the
freehold of the block.
Forfeiture: This is where the lease is ended by
a formal legal process because the leaseholder has broken the
lease. This course of action only takes place for substantial
breaches of the lease covenants and following a decision of a court
or Leasehold Valuation Tribunal.
Ground Rent: This is the rent paid to the
landlord by a leaseholder. It is currently £10 per year.
Lease: This is the document which sets out the
rights and obligations of both the landlord and the leaseholder and
forms a contract between them.
Leasehold Valuation Tribunal: More commonly
referred to as the LVT. This is an independent and impartial body
which makes decisions about service charge and other leasehold
disputes. The panel is normally made up of three members: a lawyer,
a layperson (which may be a leaseholder) and a valuer.
Section 125 Notice: This is the notice of Right
to Buy purchase price which sets out major works costs for the
first five years of the lease, and the most that the council can
charge during this period.
Service Charge: This is the charge that is made
to leaseholders in return for the services provided by the
landlord. The service charge is variable and is due annually.
Sub-letting: This is when you let your home to
someone else. You will then become a landlord and will then have
legal responsibilities for your tenants. You must let us know if
you sub let your home otherwise you will be in breach of
covenant.
Term: This is the number of years of the lease
paid for by the leaseholder. The length of a standard lease is 125
years.