Rights and Obligations

This page contains information on rights and obligations of a leaseholder or freeholder. This also may be of interest to potential leaseholders/freeholders.

Alterations
Building Insurance
Garden Maintenance
Gas
Home Contents Insurance
Payment of Administration Charge
Service Charges
Subletting

You can carry out improvements to your home. You should discuss your plans with us first and then write to us giving full details of what you plan to do. We will write back to you with an answer within one month.

Each application is considered separately and normally given permission, subject to any conditions that may be appropriate for that type of work. You must not start work before getting permission. If we don’t give permission we will tell you our reasons.

It is your responsibility to get Council building approval if needed.

Hackney Homes is responsible for arranging the building insurance of your block, including your flat. We will invoice you for this as part of your annual service charge, in accordance with the terms of your lease.

Please note that if you own a lease of a house rather than a flat in a block, you may be able to arrange your own building insurance.

If you require a copy of your building insurance policy, please write to:

London Borough of Hackney
Insurance Section
3rd Floor, Kelton House
89 – 115 Mare Street
London E8 4RU

You are responsible for keeping your garden tidy and free of rubbish. Some of your other garden responsibilities include trimming and lopping any shrubs, hedges and trees to make sure they do not become a nuisance to neighbours.

You must also maintain fences, garden paths and garden features (such as patios or terraces) that you are responsible for. Hackney Homes is responsible for maintaining fences, paths etc in communal areas..

You are responsible for the servicing of your gas appliances under the terms of your Lease. For good health and safety reasons it is recommended that you have your gas appliances serviced by a qualified CORGI-registered engineer at least once a year.

If you sub-let your property and become a landlord you are required by law to have the gas appliances serviced every year. More information on your responsibilities as a landlord are available as a PDF on the Health & Safety Executive website

We strongly advise you to take out home contents insurance. This will provide cover against damage to your TV, carpets, furniture, clothing and other household contents, if, for example, you had a fire or flood or burst pipe. The insurance would also cover for lost or stolen keys and for certain items stolen in a break-in. You must choose your own contents insurance policy.

The law requires us under Section 158 and Schedule 11 of the Commonhold and Leasehold Reform Act 2002 to provide you with a summary of your rights and obligations as a leaseholder in paying administration charges.

This summary provides information about what your rights and obligations are and is not exhaustive. Where you have doubt as to what your rights and/or obligations are, you are advised to seek legal advice.

The law defines this as a charge payable to the landlord either with or as an addition to your service charges. It is payable in relation to matters such as requests for an approval or consent under the lease, requests for information, for a breach of your lease or for failure to make a payment by the due date to your landlord.

An administration charge has to be reasonable for you to pay it. Where you consider that it is unreasonable, then you have a right to challenge it with your landlord as well as take the matter before the Leasehold Valuation Tribunal (known as LVT, an organisation set up by government to look into such matters and make a decision). Where you consider your administration charge is unreasonable, you could still make payment as this will not undermine your case with either the landlord or the LVT.

Before the landlord demands an administration charge from you, it must supply you with a summary of your rights and obligations. You do not have to pay it until this is provided.

Your failure to pay on this basis will not allow any provision of the lease regarding non-payment to be applied against you.

The document does not provide full interpretation of your rights under both your lease and legislation and is not meant to be a substitute to any legal or professional advice that you should seek.

It is strongly advised that where you have concerns as to what your rights and responsibilities are, that you seek professional and legal advice. This document tells you what you may expect  from London Borough of Hackney, as your landlord, and what it can expect from you as a leaseholder.

As a leaseholder, your lease is a contract between you and your landlord. It specifies what you may or may not do during your ownership of the leasehold property. If you are unhappy with what we have charged you or how we have calculated or apportioned your charges, you have a right to bring this to our attention and to withhold your payments of the disputed item(s) until we have resolved the matter for you.

Your right is given under the Landlord and Tenant Act 1985 and the Commonhold and Leasehold Reform Act 2002.

Your rights include the right to ask us to provide you with the following:

Your rights also include:

Your rights as listed above also come attached with responsibilities, which include:

Many leaseholders sublet their homes. Where this occurs a notice must be served to Hackney Homes informing us that this is happening.  There is also a small charge payable for administration. This will ensure that your building insurance is adequately covered and you comply with the terms of your lease.

As the leaseholder you are responsible for the conduct of your tenants. When you notify us that you are subletting we will need you to provide us with your contact details. This can be important, particularly if there is an emergency at your property or if there are problems with your tenants. We would also recommend that you use a reputable letting agent.