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Leaseholder rights and responsibilities
Understanding your leaseYour lease is a contract between you and Kirklees council. It gives you and your successors the right of
possession of your flat for a long period, provided you keep to the terms of your lease.
The lawSeveral laws and Acts of Parliament protect your rights as a leaseholder tenant (copies are available at public libraries):
If you are not sure of your rights, seek advice from a solicitor or the Citizens Advice Bureaux. Your rightsYou have the right to ask your landlord to keep the 'common parts' of your block in a fit state of repair. You also have the right to be consulted about major repairs for which you will have to pay a share. If you want to make any internal alterations to your flat, you must seek written permission before work begins, if this involves alterations to walls, windows, door openings, or shared services. You may also require building regulation approval. You have the right to sell your lease to anyone you want to, but you must tell us when you sell it. If you bought your flat after 18 January 2005, you must first offer it back to the council. You can also leave it to someone in your will or give it as a gift, but you should get a solicitor to help make sure everything is done legally. You have the right to take in lodgers or rent your flat to anyone you want to. You must request permission from your mortgage lender if you sub-let your flat. You do not have to ask us for permission, but if you sub-let you need to let us know so we can update our records in case we need to communicate with the new tenant. Your responsibilities as a leaseholderAs a leaseholder, you effectively become a 'shareholder' in the block you live in. This means you have a responsibility to pay your share of the costs of managing and maintaining your block. As the landlord's agent, we have a legal duty to charge you your share of the costs, and you have a legal duty to pay them. You must pay your share of the costs of managing and maintaining your block. This is a legal duty set out
in your lease.
Living in a flat can be difficult. You may have people above or below you, and you may have to share
landings and other areas.
Our rights as a landlordWe have the right to make decisions about:
We have a right and a legal duty to make charges for:
In some circumstances, we have the right to enter your property to carry out repairs if there is a danger to other residents, for example, if you removed a structural wall or a leak in your plumbing is damaging other flats. Our responsibilities as landlordWe are responsible for keeping the building structure and shared areas of the block in good repair. We have a legal duty to consult you about any repairs to your block which are likely to cost £250 or
more to each leaseholder.
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