Your lease and service charges

Your lease and service charges

Your lease is a legally binding document, and places numerous responsibilities on you and Raglan as leaseholder and lessor, as set out in the various clauses and provisions of your lease.

Raglan has developed a range of different types of lease over the years. We aim to set out general information that applies to most if not all leases, but if you have any questions regarding the specific details of your lease, you should address them to your solicitor.

What are your responsibilities?

In general, you have the right to remain in your home until the end of your lease, without interference from Raglan for so long as you keep to the conditions set out in your lease.

You must pay any rent, ground rent, service charge and any other monies due. We will allow you reasonable time to do that before taking any formal action.

Homeowner service charges

All residents contribute to the cost of providing services, maintenance and management through a service charge. Your lease will set out what proportion of the total cost of running the scheme that each leaseholder has to meet.

The service charge is paid monthly and is usually due in advance. We will prepare an annual estimate of the costs and expenses of providing the various services upon which the charge is based. Any credits (surplus) or debits (deficit) on the account are brought forward and incorporated into the following year's charge.

By law, we have to consult you over any proposed expenditure that is likely to increase the service charge substantially and we must take your views into account.

All monies paid by leaseholders relate solely to the scheme that they occupy and are accounted for separately. Reserve fund monies for long term maintenance and renewals are invested and interest from that investment is credited to the fund.

You are entitled to inspect the accounts, including receipts/invoices, relating to your home and to take copies. You are also entitled to apply to the First-tier Tribunal (Property Chamber) for a ruling if you believe that the service charge is unreasonable.

The First-tier Tribunal (Property Chamber) can determine the reasonableness of service charges, including costs and standard of works, and the adequacy and cost of buildings insurance.

Breaching your lease

Some breaches are capable of remedy, and so need not lead to action on our part to end the lease. Generally, if you breach your lease  we will work with you so that you know what to do to remedy the breach. In the first instance, we will first ask you to agree to put matters right, before considering any action to enforce the terms of your lease.

If you persistently breach the lease, for example, by causing persistent nuisance or harassment, failing to keep the property in good order or failing to pay ground rent and service charges, this could lead to Raglan taking formal proceedings.

When attempts to remedy a breach of the lease fail, forfeiture action may have to be considered. It will only be taken with prior approval from one of Raglan’s Executive Management Team. If the Court agrees that the lease should be forfeit, the property will be sold and you will lose all entitlement to any of the proceeds of sale. You will also be liable for any costs that we incur in taking Court action. This is clearly a drastic remedy and not one that we would consider lightly.

Sub-letting

We manage a variety of schemes; each has its own particular form of lease, some of which permit sub-letting. Shared ownership leases generally do not permit sub-letting.

There will be a small charge for administering any request separate from the management charge.

Making changes to your lease

We can only make changes to the terms of the lease if there is provision in the lease for us to do so. If we need to make changes, we will consult you beforehand.

Questions about your lease?  Contact us for general information about your lease. If your questions are specific, seek advice from your solicitor.