Frequently Asked Questions

If you have any questions about LEASE, or any aspect of residential leasehold law, please refer to the options below. As there are many different questions and answers you may find it easier to find information using the Search facility to the right of this page.

Please note that the questions are sorted in order of popularity (the number of times that question has been clicked on). The most popular questions appear first.

If your question doesn't appear, or you need further information or clarification, please contact us.

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The FAQs are grouped according to subject matter. Please select a category from the list:

• Rights and Obligations under a Lease
• Lease Variations
• Lease Extension
• Buying the Freehold of Flats
• Houses - Buying the Freehold and Lease Extension
• Houses - General Issues
• Service Charges
• Service Charges - Management
• Insurance
• Section 20 Consultation
• Administration Charges
• Application to the LVT
• Breach of Lease
• Licenses/Consent
• Right of First Refusal
• Right to Manage
• Appointment of a Manager
• Ground Rent
• Retirement Housing
• Purchase/Sale
• Shared Ownership
• Right to Buy
• Glossary

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Rights and Obligations under a Lease

• Where can I get a copy of my lease?
• Who is responsible for repairing and maintaining the property?
• I am buying a leasehold flat where the landlord is a Local Authority. The lease seems defective in that it does not grant a right of entry to the flat and other covenants I would expect to see in a lease are missing. Is the lease defective?
• Water has leaked into my flat from the flat above and caused damage to my property. What can I do?
• I have damp in my flat. An expert has told me that a damp proof course should be installed. Is this my landlord's responsibility?

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Lease Variations

• Is the landlord entitled to charge a fee for varying the lease?
• Can I vary my lease?
• In what circumstances can I apply to the Leasehold Valuation Tribunal (LVT) to vary my lease?
• Do I need to employ a lawyer to represent me on any variation to a lease?
• Can a number of leaseholders make a joint application to the Leasehold Valuation Tribunal (LVT) for all the leases in the building to be varied?
• Can I vary the lease of my house?

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Lease Extension

• What happens when my lease runs out?
• Am I a qualifying tenant for lease extension?
• Will the ground rent increase after a lease extension?
• How long do I have to wait before I have the right to extend my lease?
• I want to extend my lease. Are there any additional costs payable other than the price of the lease extension?
• How long can I extend my lease for?
• Why should I extend my lease?
• What happens if we cannot agree on how much the lease extension should cost?
• Do I have to go through the Act to extend my lease?
• I am a freeholder. Do I have to grant a lease extension to the leaseholder?
• I am a freeholder. How do I know what premium the lessee should be paying me to extend his lease?
• I am a freeholder, and involved in a lease extension. Will I need a solicitor?
• I am a freeholder. If a lease is extended will the terms of the new lease be the same as the existing one?
• I am undertaking a lease extension. Can the landlord insist on making variations to the lease?
• I am a leaseholder. How do I calculate the premium payable to extend my lease?
• How can I extend my lease?
• When should I extend my lease?
• I am a leaseholder and I want to extend my lease but my landlord is missing. What should I do?
• How do I find out who my freeholder is?
• I have served a Section 42 notice and have not received a counter-notice. What can I do?
• I am a freeholder. The lessee is going to pay me a premium to extend his lease. Am I going to pay any tax on it?
• I am proceeding under the Leasehold Reform, Housing and Urban Development Act 1993 and have agreed the terms of the lease extension but have not completed. What can I do?

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Buying the Freehold of Flats

• I have served a Section 13 notice and have not received a counter-notice. What can I do?
• I own the freehold of a building containing flats. The leaseholders want to buy the freehold. Do I have to sell it to them?
• Do I qualify for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993?
• How can I buy the freehold of my building?
• How do I start the Collective Enfranchisement process?
• We are proceeding under the Leasehold Reform, Housing and Urban Development Act 1993 and are unable to agree the premium or other terms. What can we do?
• We are proceeding under the Leasehold Reform, Housing and Urban Development Act 1993 and have agreed all the terms of acquisition but have not completed. What do we do?
• We are buying the freehold of our building collectively. How do we split the costs between us?
• What happens if any of the participating tenants in a claim for collective enfranchisement wish to withdraw after the initial notice has been served on the freeholder?
• I own a leasehold flat in a block of 5. The Freeholder has agreed to transfer the freehold to the leaseholders. We agree that we should buy the Freehold but we are unsure how to hold the Freehold.
• We want to buy the freehold of our building. Are there additional costs payable, other than the price of the freehold?
• How do I find out who my freeholder is?
• The leaseholders in my building are buying the freehold. What happens if I don’t want to take part?

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Houses - Buying the Freehold and Lease Extension

• I own the freehold of a leasehold house. The leaseholder wants to buy the freehold. Do I have to sell it to them?
• How long will it take to buy the freehold of my house?
• I own a leasehold house. My freeholder has gone missing. What do I do if I wish to acquire the freehold?
• How long do I have to live in my house before I can purchase the freehold?
• I own a leasehold house. How much will the freehold cost?
• I own a leasehold house. How do I buy the freehold?
• I can't afford to buy the freehold of my house. Can I extend my lease instead?
• I want to buy the freehold of my house. Are there any additional costs other than the price of the freehold?
• What can I do if I cannot reach agreement with the freeholder on the premium payable to buy the freehold of my house?
• Where can I obtain the rateable values for my house?
• I own the freehold of a leasehold house. Does the leaseholder have the right to extend the lease?
• What happens when my lease runs out?
• How do I find out who my freeholder is?

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Houses - General Issues

• I am the leaseholder of a house. Who should arrange the insurance for the building?
• I am a leaseholder of a house and my lease requires me to arrange insurance with an insurer nominated or approved by my landlord. Is there any way of choosing my own insurer?
• What are the implications of buying a leasehold house?
• I own a freehold house. Can I challenge my service charge?

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Service Charges

• Are there any circumstances in which I can legally withhold my service charge?
• How should my service charge be calculated?
• I have received a service charge demand for works undertaken 2 years ago. Do I have to pay?
• Do I have to pay for an asbestos and fire safety inspection of the common parts of the building?
• I have received a service charge demand and I think it is too high. What should I do?
• My service charge has been consistent for some time, is it fixed?
• My service charge is a fixed amount. Can I seek a determination from the Leasehold Valuation Tribunal (LVT) if I am unhappy with it?
• My landlord is asking me to pay service charges in relation to the Digital Switchover, do I have to pay?
• I recently put double glazed windows in my flat with my landlord's consent. I have now received a bill for window replacement in my block. Do I have to pay?
• Am I liable to pay for the renewal of the roof on a block in which I own a flat?
• Can my landlord increase my service charge?
• My landlord is carrying out improvement works to the building, do I have to contribute towards the costs?
• I have received a demand for the estimated cost of major works. Do I have the right not to pay until the job has been completed?

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Service Charges - Management

• How can I find out what my service charge is being used for?
• We are not happy with the management of our building. Can we take over the management or appoint someone else to manage?
• What should a summary of the service charge account under Section 21 of the Landlord and Tenant Act 1985 contain?
• My landlord has failed to provide a summary of the service charge account or allow access to inspect supporting documents in accordance with Sections 21 and 22 of the Landlord and Tenant Act 1985. What can I do now?
• Can the landlord make a profit from repairs done to the building?

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Insurance

• What can I do if my landlord fails to provide information about the insurance cover in accordance with the Landlord and Tenant Act 1985?
• I am a leaseholder of a flat. I have received a demand for a share of the buildings insurance premium. Do I have to pay?
• My landlord arranges the buildings insurance and I pay a proportion of the cost through my service charge. Can I get information about the policy?
• We have taken over the right to manage (RTM), but the landlord insists that they continue to insure the building. Is this correct?

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Section 20 Consultation

• My landlord has carried out Section 20 consultation but I am still unhappy about the service charges I'm being asked to pay. What can I do?
• What can a landlord or manager do if it is not possible to follow Section 20? (e.g. where emergency works are required)
• My landlord is going to do a lot of work to my building. Does he have to consult me before the work starts?
• What should the notice of estimates for major works contain?
• What should the notice of intention to carry out major works contain?
• My landlord has completed the work without seeking my views beforehand. What action can I take?
• What should the notification of award of contract for major works contain?
• My landlord wants to engage a new cleaner. Does he need to tell me he is doing this before the cleaner is employed?
• My landlord wants to enter into a qualifying long term agreement (QLTA) . What should the notice of intention contain?
• My landlord wants to enter into a qualifying long term agreement (QLTA) . What should the notice of estimates contain?
• My landlord is the council. They have entered into a 20 year contract with a major building company. What are the implications for me as a leaseholder?
• My landlord is the council. They want to enter into a 20 year contract with a company. Do they need to consult me first?
• What is the Section 20 consultation process for major works?
• My landlord wants to enter into a qualifying long term agreement (QLTA). What steps do they need to take?
• My landlord wants to enter into a qualifying long term agreement (QLTA) . What should the notification of award of contract contain?
• What can I do if Section 20 applies but it is not possible or practical to consult?

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Administration Charges

• What can I do if I disagree with an administration charge?
• I want to alter my property. Can my landlord charge a fee for granting permission?
• I want to sublet my property. Can my landlord charge a fee for granting permission?
• I'm selling my property. Can my landlord charge a fee for answering pre-sale enquiries?

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Application to the LVT

• I am in dispute with my landlord but I do not want to go to Court or Tribunal. Is there an alternative?
• What happens at the Leasehold Valuation Tribunal (LVT) hearing?
• How do I make an application to the Leasehold Valuation Tribunal (LVT) for my service charge to be determined?
• How do I apply to the Leasehold Valuation Tribunal (LVT)?
• What will it cost to apply to the Leasehold Valuation Tribunal (LVT)?
• Can I appeal against a Leasehold Valuation Tribunal (LVT) decision?
• Where will the Leasehold Valuation Tribunal (LVT) hearing take place?
• Where can I find past Leasehold Valuation Tribunal (LVT) decisions?
• Can I attend and observe hearings at the Leasehold Valuation Tribunal (LVT)?
• How long will it take for the Leasehold Valuation Tribunal (LVT) to make a decision?
• If I apply to the Leasehold Valuation Tribunal (LVT) will I need a solicitor or other professional to represent me?
• Can I make a joint application to the Leasehold Valuation Tribunal (LVT) with other leaseholders?
• What happens after I submit my application form to the Leasehold Valuation Tribunal (LVT)?
• Will I need to attend the Leasehold Valuation Tribunal (LVT) hearing?
• If an application is made to the LVT can a landlord recover their legal costs through the service charge?

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Breach of Lease

• My neighbours are very noisy and it is affecting the enjoyment of my property. What can I do?
• What happens if I breach the terms of my lease?
• I am a landlord. What can I do if a leaseholder breaches the terms of their lease?
• How can a leaseholder enforce the covenants in the lease against another leaseholder?
• Under what conditions can a landlord forfeit, and what recourse do leaseholders have?
• What can I do if my landlord breaches their obligations in the lease?
• I have a designated car parking space but my neighbours and their visitors keep using it. What can I do?
• What can I do if my landlord fails to insure the building?
• My next door neighbour is keeping a dog in their flat and it's causing a nuisance. What can I do?
• I'm having problems with the supply from the communal hot water/ heating system in my building. What can I do?
• If a lease stipulates that floors should be carpeted, can a new owner of the flat disregard this provision if the floor was not carpeted at the time of purchase?

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Licenses/Consent

• I want to alter my property. Do I need to ask my landlord for permission?
• I want to sublet my property. Do I need to ask my freeholder for permission?
• I intend to make alterations to my flat with the landlords consent. Will the lease need to be varied?
• Can I cut down a tree in the front garden without getting permission?

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Right of First Refusal

• The freehold has been sold without being offered to us. What can I do?
• My landlord has served me with a notice under Section 5a of the Landlord and Tenant Act 1987 offering the freehold of my building, what do I do?
• The freehold has been offered to us but it is going to auction, what do I do?
• Am I a qualifying tenant for the purposes of the right of first refusal (RFR) under the Landlord and Tenant Act 1987?
• I own the freehold of a building containing flats. Do I have to offer the leaseholders the right of first refusal (RFR) if I want to dispose of the freehold?
• Does the right of first refusal (RFR) apply to houses?
• Are there any disposals which are exempt from the right of first refusal (RFR)
• Am I an exempt landlord for the purpose of right of first refusal (RFR)?
• If the majority of leaseholders accept the landlord's offer to buy under a Right of First Refusal, are the other leaseholders then forced to accept as well, or can the accepting majority buy the freehold themselves and charge ground rent to the non-accepting minority?

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Right to Manage

• Can the leaseholders exercise the right to manage (RTM) if the landlord lives in the building?
• Am I a qualifying tenant for the purpose of right to manage (RTM)?
• I am the leaseholder of a flat. Can I and the other leaseholders exercise the right to manage (RTM)?
• I live in a leasehold house on an estate comprising both houses and flats. Can we exercise the right to manage (RTM)?
• If we exercise the right to manage (RTM), do we have to manage the building ourselves?
• We want to exercise the right to manage (RTM). Do we need to set up a company?
• We want to exercise the right to manage (RTM), how do we start the process?
• Is the right to manage (RTM) company responsible for chasing service charge arrears from before it took over management of the building?
• Is the right to manage (RTM) company bound to carry on with existing contracts entered into by the landlord?
• What can we do if the landlord fails to provide information requested under Sections 82 and/or 93 of the Commonhold and Leasehold Reform Act 2002?
• Can I ask the landlord to provide the names of the other leaseholders so that I can invite them to participate in the right to manage (RTM) process?
• Is the landlord entitled to join the right to manage (RTM) company?
• How can I resolve a dispute concerning Right to Manage (RTM)?

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Appointment of a Manager

• What grounds need to be satisfied before we can exercise appointment of a manager?
• My lease has 3 parties to it: myself as the leaseholder, a freeholder and a separate management agent/company. Can I still apply for the appointment of a manager?
• How many leaseholders need to exercise appointment of a manager?
• What is the procedure for the appointment of a manager?
• Does my building qualify for appointment of a manager?
• Do the leaseholders exercising appointment of a manager need to qualify?
• What kind of order can the Leasehold Valuation Tribunal (LVT) grant when a manager is appointed?
• Are any landlords exempt from the appointment of a manager?
• I am a leaseholder of a flat on an estate comprising several blocks of flats. Can we apply for a manager to be appointed for the whole estate?

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Ground Rent

• My landlord has not demanded ground rent for several years. Can he still demand it?
• Can my landlord increase the ground rent?
• My landlord has not demanded ground rent. What should I do?

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Retirement Housing

• I am buying a retirement property. What should I look out for in the lease?
• What is an exit fee?
• Can I challenge my exit fee as an unfair contract term?
• I am a leaseholder in a retirement property. Am I responsible for the expenses of the resident warden's flat?
• Can I sublet my retirement flat if I can't sell it?
• Are family members responsible for the service charge costs of the deceased leaseholder?
• I've inherited a flat with a short lease. Can I extend it?
• I have a disability. Is my landlord responsible for making adaptations to the communal areas?
• I live in a retirement property. Are we responsible for the cost of making adaptations to the communal areas to assist a disabled person?
• I am a landlord of a building containing flats. Am I obliged to make adjustments to the common parts to assist a disabled leaseholder?
• Do I have a right to be consulted if the common parts have to be adapted to assist a disabled person?
• Is it legal to limit retirement properties to over 55's?

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Purchase/Sale

• I am about to sell my leasehold flat. Am I entitled to recover any money I have paid into a reserve or sinking fund?
• I am considering buying a flat and I would like to extend the lease. I know that I cannot do this for two years from the date of purchase. Might there be any issues with the renewal or the cost of the renewal which I should check out before I buy?
• Am I liable to pay arrears of ground rent that accrued prior to me purchasing the property?
• I've recently bought a leasehold property. Am I liable to pay service charges relating to a period prior to me purchasing the property?
• I'm selling my property. Is my landlord obliged to respond to pre-sale enquiries?
• Can the seller of a flat start the lease extension process for the buyer?

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Shared Ownership

• I have a shared ownership lease. Do I have a right to extend my lease?
• I have a shared ownership lease. I wish to sublet my flat. Can I do so?
• I have a shared ownership lease. Do I have a right to participate in the Right to Manage (RTM) of my building?
• I have a shared ownership lease. Do I have a right to participate in a collective purchase of the freehold in my building?
• I have a shared ownership lease. How is the rent of the share owned by the landlord calculated?
• I have a shared ownership lease. Can I increase my share of the equity in the building?
• We own 80% of our flat in a shared-ownership lease. We now wish to sell our share. Do we have any obligations to the landlord/housing company?

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Right to Buy

• I purchased my flat under the Right to Buy. The Council is demanding a service charge for a period when I was still a Council tenant. Can they do this?
• I purchased my flat under the Right to Buy and was informed that my service charges would not go above a certain amount during a reference period. Can I be asked to pay extra during this period?

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Glossary

• What is a leaseholder?
• What is ground rent?
• What is the appointment of a manager?
• What is a Recognised Tenants Association (RTA)?
• What is a shared ownership lease?
• What is an administration charge?
• What is a reserve or sinking fund?
• What does share of freehold mean?
• What does forfeiture mean?
• What is a service charge?
• What is a freeholder?
• What is an Estate Management Scheme (EMS)?
• What is Commonhold?
• What is a lease?
• What is a section 146 notice?

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