If you are considering buying a Leasehold flat or already own one but are baffled by the laws and regulation in the industry, let us help by explaining a few facts about owning a Leasehold flat and the Leasehold industry in general.
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There are over 5 million Leasehold properties in the UK.
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When you ‘buy’ a Leasehold flat, you are in fact only purchasing the ‘right to occupy a space’, with that space being defined in your Lease.
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The land the building is on is called the Freehold. It is possibly for a Leaseholder to have a share in that Freehold land.
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The Freeholder can be a person or a company. You can find out who your Freeholder is via the Land Registry.
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Your Lease will last a set period of time with the average being 125 years from the first purchase.
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Your Lease will require you to pay a contribution of the building maintenance costs to the Freeholder.
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Responsibility for the upkeep of the building is on the Freeholders shoulders, this includes legal compliance and health & safety.
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You will be contractually obligated to keep the inside of your flat in good order however, at your own cost.
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You may have to pay a ‘Ground Rent’ amount to the Freeholder every year on top of the maintenance costs.
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The amounts you pay are set out in your Lease, typically based either on the size of your flat or split between the amount of flats in the building.
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Your Lease decreases in value as the length of time left on your Lease decreases.
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You can extend your Lease for 90 years however, formally applying to the Freeholder and negotiating the price.
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Leaseholders do have significant rights (check out our blog on all of those here)
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If your Lease runs out of time, you must leave the property or renegotiate for a new Lease with the Freeholder
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There is the Leasehold Advisory Service (website here) to help Leaseholders with free, independent advice.
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If you do not keep up service charge payments, you may lose your right to occupy your flat.
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You may have to pay a fee to your Freeholder to rent out your Leasehold flat.
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Typically every 5 years you will have to contribute towards major re-decorations / repairs to the external of the building.
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You can organise a ‘Right to Manage’ company or ‘Residents Association’ to get more responsibility in the running of the building.
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You have the First Tier Tribunal: Property Chamber (formerly the Leasehold Valuation Tribunal) as a legal avenue of problem resolution.
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