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Saturday, 21 November 2009

Leasehold tenants - who is responsible for what

If you are a leaseholder of a council property, the council retains responsibility for the land on which the property is built, and the main structural elements of the building. During the lease, the tenant is responsible for everything within the property walls.

What is a lease?

A lease is a private contract between the leaseholder and the landlord. The lease sets out the contractual obligations and rights of the two parties. Although many leases may contain similar terms or clauses, it is wise to read your own lease very carefully as there may be clauses that relate specifically to your tenancy.

Repairs and maintenance obligations

Leaseholders and landlords usually have different responsibilities in terms of repair and maintenance of the property.

In general, the leaseholder is responsible for the repair and maintenance of:

  • the floor surface including floorboards within the dwelling
  • wall plaster and plasterboards
  • ceiling plaster and plasterboards
  • glass to windows within the dwelling
  • internal non structural walls
  • plumbing and wiring within the dwelling

The council is responsible for repairs and maintenance of:

  • any communal areas, such as communal staircase or corridors,  lifts, communal gardens and pathways; and
  • structural and exterior repairs for example, foundations to the building, external walls, roof, window frames, external doors and frames, service pipes and ducts

If you would like some further information on this in relation to your tenancy you should contact your council to discuss what charges will apply to you.

If repairs need to be carried out on your estate or in your block you should contact your local council.

The following links will let you enter details of where you live and then take you to your local authority website where you can find out more about repairs of communal areas.

The leaseholder will have to contribute towards a share of the costs incurred by the council for work carried out on communal areas as well as work to the structure and exterior of their home. This amount will be calculated by the council.

The following links will let you enter details of where you live and then take you to your local authority website where you can find out more about paying your service charges.

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