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.