Leaseholders

Tamworth Borough Council Leaseholder Information

Welcome to the Leaseholder Information page. Here, you’ll find detailed information about your lease, the roles and responsibilities of both leaseholders and the council, how Section 20 works affect you, what is included in long-term qualifying agreements, and how to report repairs. This page is designed to help you understand your rights and obligations as a leaseholder and provide guidance on how to manage your lease and property.

What is a Lease?

A lease is a legal agreement between you, the leaseholder, and the landlord (in this case, the local council). The lease allows you to occupy and live in a property for a fixed period, typically 99 or 125 years, in exchange for an annual ground rent and other responsibilities set out in the lease.

What Does Your Lease Cover?

Your lease document sets out the terms of your occupancy and specifies your rights and obligations. Key elements covered in your lease include:

  1. Lease Term: The number of years left on your lease. As your lease gets shorter, it may affect the value of your property.
  2. Ground Rent: The amount you pay annually to the council for the land your property sits on.
  3. Service Charges: Contributions towards the maintenance and upkeep of communal areas and services such as cleaning, lighting, and gardening.
  4. Repairs and Maintenance: Defines which repairs and maintenance are your responsibility (usually the interior of your property), and which are the council’s responsibility (usually the exterior and structural elements).
  5. Alterations: Conditions about making alterations to your property, such as changes to the layout, installing new windows, or building extensions.
  6. Insurance: The lease may specify that the council provides building insurance, while you are responsible for insuring the contents of your property.

Council’s Responsibilities

As the freeholder of your property, the local council is responsible for certain aspects of the property’s management and maintenance. These include:

  1. Structural Repairs: The council is responsible for the upkeep and repair of the building’s structure, including the roof, external walls, and foundations.
  2. Common Areas: The council maintains and repairs communal areas such as hallways, stairwells, lifts, and shared gardens.
  3. Building Insurance: The council usually arranges for building insurance that covers the structure of the property.
  4. Health & Safety Compliance: Ensuring that the property complies with all safety standards, including fire safety, gas safety, electrical safety, and overall building security.
  5. Service Charges: The council is required to manage and allocate service charges transparently. They must provide detailed accounts of what service charges cover.

Leaseholder’s Responsibilities

As a leaseholder, you have certain duties and responsibilities, which typically include:

  1. Paying Ground Rent and Service Charges: You must pay your ground rent, and any service charges specified in your lease on time. Non-payment may lead to penalties or legal action.
  2. Internal Repairs and Maintenance: You are responsible for maintaining the interior of your property, including plumbing, electrical systems, windows, and internal fixtures.
  3. Insurance for Contents: You must arrange insurance for the contents of your property, as the council’s building insurance does not cover personal belongings.
  4. Permission for Alterations: If you wish to make changes to your property (such as installing new doors or making structural changes), you must seek written permission from the council.
  5. Respecting the Lease Terms: You must follow the rules set out in your lease, including not causing damage to the property or disturbing other residents.
  6. Lease Extension: If your lease is approaching 80 years or less, you may want to consider applying for a lease extension.

Section 20 Works

Under the Leasehold Reform, Housing and Urban Development Act 1993, if the council needs to carry out major works or repairs to the building (such as roof repairs, structural works, or major improvements), they are required to follow a legal process known as Section 20 Consultation. This gives leaseholders the opportunity to:

  • Receive information about the proposed works.
  • Provide feedback or objections to the proposed works or costs.
  • Contribute to the decision-making process on the work being carried out.

For any work that exceeds £250 per leaseholder (for major works), the council must issue a Section 20 notice to all leaseholders, detailing the works and estimated costs. Leaseholders can then respond with any concerns.

Long-Term Qualifying Agreement

A long-term qualifying agreement is an arrangement where the council enters into a long-term contract with a service provider for work or services that will be carried out over several years. These contracts are designed to provide value for money and ensure continuity of service.

Under such agreements, the council is required to:

  • Provide leaseholders with details of the agreement and its terms.
  • Offer transparency on costs, service performance, and what is included under the agreement.
  • Consult leaseholders about long-term agreements that will impact the service charges you pay.

You are entitled to ask for details about any long-term qualifying agreements affecting your property, and the council must ensure that charges for services under these agreements are reasonable.

Reporting Repairs

If you need to report a repair or maintenance issue in your property or in any communal areas, please follow the steps below:

For Internal Repairs (Your Responsibility):

  • Contact a professional contractor or tradesperson to carry out any internal repairs you are responsible for. The council does not cover the costs of internal repairs to your property.

For Repairs Under Council Responsibility:

  • Submit a repair request online through our Repair Request Portal.
  • Call our Repairs Team on 08001830044 to report urgent issues like a broken lift, water leaks, or heating failures.
  • Email: repairs@tamworth.gov.uk- for non-urgent repairs or general enquiries.

All repairs reported will be logged and managed by our Repairs and Maintenance team. If repairs are urgent (e.g., structural damage or a significant safety concern), we aim to resolve them as quickly as possible.

Common Leaseholder FAQs

1. How do I get more information about a Section 20 notice?

If you receive a Section 20 notice for major works, the council will provide details of the proposed works, including costs and timelines. You have 30 days to respond with comments or concerns. If you have any questions or objections, please contact the Leasehold Services team.

2. Can I challenge the cost-of-service charges?

Yes, if you feel that the service charges are unreasonable or you do not believe the costs are being distributed correctly, you can challenge them. You may contact the Leasehold Services team, or in some cases, apply to a First-tier Tribunal if you believe the charges are unfair.

3. What should I do if I want to make changes to my property?

Before making any changes, alterations, or improvements to your property, please check your lease for any specific clauses about alterations. You must also request written permission from the council. Unauthorised alterations could result in legal action or the need to reverse the changes.

4. How do I extend my lease?

If your lease is nearing 80 years or less, you may apply to extend it under the terms of the Leasehold Reform, Housing and Urban Development Act 1993. Contact our Leasehold Services team for more details on how to apply for a lease extension.

Contact Us

For further queries or aid related to your lease, repairs, service charges, or anything else, please contact our Leasehold Services team: