With a freehold, you own the property and the land it is built on. With a leasehold you own the property for a set term, but not the land, which is owned by a freeholder.
Most houses are freehold and nearly all flats are leasehold, but there are exceptions.
When you bought your property, the title deeds – legal documents about the ownership of the property – that came with it show its status as freehold or leasehold.
If you own a flat or a house which has a lease then it is likely that you own a leasehold property.
Your purchasing solicitor should give you a copy of your lease or you may be able to get a copy of your lease from your mortgage lender.
HM Land Registry keeps a record of registered properties which you could search to confirm the status of your home.
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You will need to establish whether your house is part of an Estate Management Scheme (EMS) made under Section 19 of the Leasehold Reform Act 1967, or under Chapter 4 or Section 93 of the Leasehold Reform, Housing and Urban Development Act 1993. If you are unsure you can contact your conveyancer or the First-tier Tribunal (Property Chamber).
If your house is part of an EMS, charges made under the scheme can be challenged at the First-tier Tribunal (Property Chamber). An application can be made to a Tribunal to vary the scheme itself on the grounds that a charge under the scheme is unreasonable or that any formula for the calculation of the charge is unreasonable. An application can also be made to an Tribunal to determine whether or not a charge is payable, and, if so, by whom and to whom it is payable; the amount that is payable; the date that it is payable and the manner in which it is payable. However, an application cannot be made to the Tribunal where the charge has been agreed or admitted.
If your house is not part of an EMS you cannot make an application to the Tribunal but it may be possible to apply to the County Court. You should seek specialist litigation advice prior to embarking on any legal action.
You may require the services of a solicitor.
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You are entitled to place insurance with your choice of insurer provided notice is given to the landlord and certain requirements relating to the cover are met.
The insurance policy must:
You must serve a prescribed Notice of Cover on your landlord no later than 14 days after having placed the insurance (or within 14 days of any request by the landlord).
The prescribed form and contents of the Notice of Cover in relation to England can be found here.
The prescribed form and contents of the Notice of Cover in relation to Wales can be found here.
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No, the right of first refusal under the Landlord and Tenant Act 1987 only applies to buildings containing flats.
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A lease is a contract between the leaseholder and the landlord giving conditional ownership of the house for a fixed period of time e.g. 99, 125 or 999 years. As a leaseholder you are not entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’s consent to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the house is part of an estate.
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As a leaseholder of a house, you will generally be responsible for arranging the buildings insurance. You should, however refer to the terms of your lease.
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