Being a Leaseholder
Rights and responsibilities
This section summarises Royal Borough of Kingston upon Thames’s role as your landlord and freeholder, and your rights and obligations as a leaseholder. The full details are in your lease document.
The Council has a duty to:
- repair, maintain and redecorate the structure and exterior of the property, including drains, external pipes and roofs.
- keep the building insured against fire, lightning, explosion and other such risks that it is prudent to insure against
- manage your block or estate in a proper and reasonable manner
- advise leaseholders of the Council’s yearly estimate of service charge for their flats
- provide a summary of costs at the end of each year showing the actual costs for services to your block or flats over the previous year, and your contribution towards them
- consult with leaseholders before undertaking any major works to the building.
The Council has the right:
- of entry, to repair or maintain communal facilities and to fix structural defects having given reasonable notice. In an emergency, no formal notice needs to be given
- to rebuild, restrict or develop any part of the block and/or estate or neighbouring land.
The Leaseholders’ responsibilities
As a leaseholder you have a duty:
- to pay the ground rent, service charge and major works costs as demanded
- not to make alterations or additions to the structure, including drains, external pipes and windows, without the Council’s prior written permission
- to advise the Council’s housing department of any transfer or lease or mortgage, assent, vesting deed, assignment, charge or devolution of the flat
- not to transfer “part only” of the flat
- to keep the flat owned by you in good repair
- to pay your proportion of any major works carried out to your block (which is your block percentage share shown in your lease)
- to observe the terms and regulations contained in your lease
- to send a copy of any Notice affecting the property to the Council’s housing department
- not to do any illegal act or thing which may be or become a nuisance or annoyance or cause damage to residents or any part of the building
- not to play loud music causing nuisance or annoyance to neighbours or be heard outside leaseholders’ flats between the hours of 11.00pm and 7.00 am
- abide by other regulations as laid out in your lease.
You also have the right:
- to information on service charges and the costs incurred to your block of flats. For example, within six months of receiving the audited summary of costs, you may request to see the invoices and documents that support the summary
- to be consulted about major works affecting your block of flats.