What rights does the Leaseholder have?

There is a wide range of rights set out in the legislation and advice is readily available; however, where a dispute arises, the first step should be to contact South Cambridgeshire District Council for full details and/or an explanation.

  • Information: South Cambridgeshire District Council provides contact details, which are stated on every demand for service charges. Leaseholders can demand summaries of the service charges; details of the insurance cover and have the right to inspect accounts and other documents.
  • Consultation on major works: South Cambridgeshire District Council cannot carry out major works to the building without first consulting the leaseholders in the proper fashion; if we fail to do this, we may not be able to recover all the costs.
  • Consultation on long-term agreements: South Cambridgeshire District Council cannot enter into certain agreements or contracts for any service over 12 months without first consulting the leaseholders.
  • Challenging service charges: leaseholders can apply to the Leasehold Valuation Tribunal (LVT) to seek a determination of the reasonableness of the charges, whether already paid or not.
  • Challenging administration charges: leaseholders can apply to the LVT to seek a determination of the reasonableness of other charges arising from the lease in addition to the service charge. For example, consents for alterations and sub-letting, or fees for providing information on resale.
  • Extending a lease: an individual leaseholder who satisfies certain conditions can demand a new lease from South Cambridgeshire District Council with the price to be agreed between the parties, or if this is not possible set by the LVT.
  • 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, if this is not possible, set by the LVT.
  • Right of first refusal: where the landlord proposes to sell his interest in the building, he must offer it to the leaseholders first or he can be prosecuted (except for housing associations and local authority landlords).