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Housing
Council residential leaseholders
Adur's Leasehold Administration Service
All of Adur's leasehold flats were originally part of the housing stock and were occupied by council tenants. Approximately 400 of these flats have now bought by council tenants under the 'Right to Buy' provisions and are now owned leasehold. These flats may still be owned by the original right to buy purchaser, or may have subsequently been sold, and now may be owned by any member of the public.
The Leasehold Administration Service is here to provide advice and assistance to all of Adur's leaseholders. The service also provides advice and assistance to potential leaseholders, i.e. council tenants living in flats and buying through the right to buy provisions, and prospective purchasers of one of Adur's leasehold flats.
- What is leasehold?
- What is a lease?
- What are leaseholder's rights ... (and responsibilities?)
- And the council's responsibilities?
- What is ground rent?
- What are service charges?
- The landlord arranges provision of the services
The leaseholder pays for them - What happens if a leaseholder doesn't pay?
- What other rights do leaseholders have?
- Adur Leaseholders' Forum
- Who can I contact?
- How to make a payment
- How do I report a repair to the council
- Leaseholder handbook (.PDF 214kb)
What is leasehold?
Leasehold ownership is simply a long tenancy - the right to occupation and use of the flat for the term of the lease.
Leasehold flats can be in purpose-built blocks, in converted houses, or above commercial premises.
The flat can be brought and sold throughout the term of the lease.
The value of a flat is likely to diminish significantly as the term of the lease nears expiry.
Ownership of the flat relates to everything within the four walls of the flat, including floorboards and plaster to the walls and ceilings, but does not include the external or structural walls.
The structure and common parts of the building, and the land that it stands on is owned by Adur District Council.
Adur District Council as landlord is responsible for maintenance and repair of the building.
What is a lease?
A lease is a contract between the leaseholder and the landlord giving ownership of the flat for a fixed period of time. Adur's leases are generally for a period of 125 years.
The lease is an important document and leaseholders should ensure that they have a copy of their lease, and that they understand it. Leaseholders should have discussed the terms and conditions of the lease with their solicitor when they bought the flat. Some former council tenants will have taken the advice and opportunity given during their Right to Buy application to discuss the terms and conditions of the lease with the Leasehold Properties Administrator.
The lease sets out the obligations of the two parties: what the leaseholder has agreed to do, and what the landlord is bound to do.
The leaseholder will have to pay ground rent, and a contribution towards the costs of maintaining and managing the building. The leaseholder will also have to keep a number of conditions on the use and occupation of the flat.
It is difficult to change the conditions of the lease after you buy, so make sure you understand your lease before you buy.
Read the lease - understand your rights and responsibilities
What are leaseholder's rights ...
Leaseholders have the right to peaceable occupation of the flat for the term of the lease, this is also known as 'quiet enjoyment'.
Leaseholders have the right to expect the landlord to maintain and repair the structure of the building, and to manage the common parts.
and responsibilities?
Primarily to keep the inside of your flat in good order including: any service pipes or cables that only serve your flat, individual front/back doors including frames, internal plumbing, internal electrics, window and door furniture, water tanks, and decorative finishes.
To behave in a neighbourly manner, and not to do certain things without the landlord's consent e.g. make alterations.
To allow the council access to your flat for example to trace a fault or effect a repair, usually upon reasonable notice, but immediately in an emergency situation.
To pay ground rent, and a proportionate contribution to the costs of maintaining and managing the building.
Read the lease ...
- The Fifth Schedule of the Lease contains 23 responsibilities for leaseholders
- The Sixth Schedule of the Lease contains a further 13 responsibilities for leaseholders!
And the council's responsibilities?
The landlord is responsible for managing and maintaining the structure of the building, the exterior and common areas (entrance halls and staircases, etc.), and for collecting the contributions towards the costs from leaseholders.
The landlord is also responsible for the insurance of the building and common parts, and has the right to recover a contribution towards the premium through a service charge.
What is ground rent?
Because leasehold is a tenancy it is subject to payment of rent. Adur's ground rent is a nominal £10 paid annually in advance on 1st April.
Ground rent is a specific requirement of the lease and must be paid on the due date.
What are service charges?
Service charge are payments by the leaseholder for all the services the landlord provides.
The services include maintenance and repairs, insurance of the building, lifts, lighting and cleaning of communal ways, etc. and the cost of management.
The landlord arranges provision of the services
The leaseholder pays for them
Details of what can (and cannot) be charged by the landlord and the proportion of the charge to be paid by the leaseholder will be set out in the lease.
Usually the total expenditure for the block is divided by the number of flats in the block to determine the proportion due from each leaseholder.
Service charge accounts are issued in September/October of each year. They are based on an estimate of the charges for the current financial year i.e. from the previous 1 April through to the following 31 March. The service charge account includes an adjustment for the previous financial year being the difference between the actual expenditure incurred and the estimated account previously paid. The adjustment could be either a debit or credit.
Service charges can vary from year to year, they can go up or down without any limit other than that they are reasonable.
Landlords can only recover costs which are reasonable. Leaseholders have rights to challenge any service charges they feel are unreasonable at the Leasehold Valuation Tribunal (LVT).
Items of major work/expenditure are not included on the service charge account, but are billed separately on completion of the work.
When considering the purchase of a leasehold flat it is important to find out what the current and future service charges are likely to be. The Leasehold Administration Service can provide this information on request.
Instalment facilities can be arranged for any invoice for service charges or major work. The Leasehold Administration Service can provide detail of the terms that can be arranged for settlement of invoices.
What happens if a leaseholder doesn't pay?
It is the leaseholder's obligation to pay service charges and ground rent promptly under the terms of the lease. If they are not paid and the landlord is able to show that the charges are reasonable, then he can begin a legal action to repossess the flat.
If you are having problems paying service charges please don't ignore the problem but contact the Leasehold Administration Service. Generally appropriate arrangements can be made for settlement of invoices.
The service will also provide assistance and copy documents in support of claims for Tax Credits.
What other rights do leaseholders have?
Information :
The landlord must provide its name and address within the UK which must be
stated on every demand for service charges. Leaseholders can demand summaries
of service charges, details of the insurance cover and have the right to
inspect account and other documents.
Consultation on major works :
The landlord cannot carry out major works to the building (costing in excess
of £250 per flat) without first consulting the leaseholders in the
proper fashion. If the landlord fails to consult it may not be able recover
all costs.
Consultation on long-term agreements :
The landlord cannot enter into agreements or contracts over 12 months whereby
any leaseholder will have to pay more than £100 without first consulting
the leaseholders. If the landlord fails to consult it may not be able recover
all costs.
Challenging service charges :
Leaseholders can apply to the Leasehold Valuation Tribunal to seek a determination
of the reasonableness of the charges, whether already paid or not.
Challenging administration charges :
Leaseholders can apply to the Leasehold Valuation Tribunal to seek a determination
of the reasonableness of other charges arising from the lease in addition
to the service charge. For example, fees for providing information on resale.
Extending a lease :
An individual leaseholder who satisfies certain conditions can demand a new
lease from the landlord, with a price to be agreed between the parties,
or set by the Leasehold Valuation Tribunal.
Buying the freehold :
Groups of leaseholders who satisfy certain conditions can get together and
enforce the purchase of the freehold, again with the price being agreed
between the parties, or set by the Leasehold Valuation Tribunal.
Adur Leaseholders' Forum
The officers from the council meet regularly with leaseholders at the Adur Leaseholders' Forum. These meetings are open to all leaseholders, are informal, and are held on a six-weekly cycle.
Matters for discussion include updates on legislative changes, council policies, renewal of contracts, etc.
All leaseholders are welcome to attend. Details of the dates, times and locations of the meetings are available from :
- the Leasehold Properties Administrator on : (01273) 263284
- or the Tenants' Assistant on : (01273) 464540
Who can I contact?
You can contact the Leasehold Properties Administrator at :
- Leasehold Properties Administrator,
Adur District Council,
Civic Centre,
Ham Road,
Shoreham by Sea,
West Sussex, BN43 6PR
By sending the Leasehold Administrator an e-mail
By phone on : (01273) 263284
You can also obtain general advice and useful publications on leasehold issues from :
- LEASE - The Leasehold Advisory Service,
70-74 City Road,
London, EC1Y 2BJ
On their website at : www.lease-advice.org
By phone on : 0845 345 1993
How to make a payment
Council cash offices : There are three cash offices within the District, situated at the following locations :
- Civic Centre, Ham Road, Shoreham
- 101/103 North Road, Lancing
- 21 Southwick Street, Southwick
By post : Cheques and Postal Orders should be made payable to Adur District Council and crossed A/C Payee only. Please write the account number on the reverse side of your cheque. Detach the counterfoil at the foot of the account and send it with your cheque, keeping the detailed account for your records.
Cash should only be sent by registered post.
By Bank Giro Credit : Complete and detach the counterfoil and send or take it to your bank. If paying by cheque, please write the invoice number on the reverse side of the cheque. If paying by cash, the complete account should be handed to the cashier.
By Credit/Debit card : Card payments can be made directly at any of the Council’s cash offices or by telephoning the automated response service on (01273) 263458.
Electronic Payments on-line : To make an electronic payment on-line please use the following link :
How do I report a repair to the council?
By phone : If there is a problem with an area that is the council’s responsibility then you should call the repairs helpdesk on freephone 0800 783 7150 between 9am - 5pm
If it is out of office hours and is an emergency then you should contact the duty supervisor by calling (01273) 263000. This will give you a contact mobile number on a recorded message.
On-line : You can report non-emergency repairs online 24 hours a day using the following link :
