The lease is a legal document between you and Crown Simmons Housing. It sets out the rights and responsibilities of Crown Simmons (as the landlord/freeholder/lessor) and yourself (as the leaseholder/lessee).
This means that we own the building itself and the land it sits on, and your lease allows you to live in an internal part of the property. Your solicitor should have explained to you exactly what your lease means and the rights and obligations attached to it.
If you originally bought your home from Crown Simmons Housing the lease will have your name on it. If you bought your home from another person you will have a ‘Notice of Assignment’ confirming that the lease now belongs to you, and you have the property for whatever time remains on the lease* (until you sell the property yourself, although the original owner’s name will remain on the original lease).
If there are any terms used in your lease that you are unfamiliar with, go to Terms Used in Your Lease for further explanation or contact your solicitor.
*See below for information on extending your lease.
Your lease is an important legal document so keep it in a safe place. Some of your responsibilities, outlined in your lease, include:
- pay the service charges, ground rent (only Elizabeth Hart Court), and major works costs as asked (we will consult with leaseholders on works that will cost over £250 per household or where a contract exceeds 1 year).
- not to make any alterations or additions to the structure, including the drains, external pipes and window frames without Crown Simmons Housing’s written permission
- tell us if you intend to sell or mortgage your property (you’re not allowed to sell part of the flat - you must complete a Notice of Intention to Sell from Crown Simmons Housing)
- observe the conditions and regulations contained in your Lease and send us a copy of any notices affecting the property
The shared ownership lease was first introduced in the late 1970`s/early 1980`s.Most of these leases would have been issued for terms of 99 years and accordingly the remaining term will have reduced significantly.
We are aware that this may create difficulties for those shared owners wishing to sell or remortgage their property.
Leases with less than 70 years remaining on the lease are not attractive to mortgage lenders and this may make it difficult for purchasers, when you come to sell.
Shared ownership leaseholders have no statutory right to a lease extension, although the Homes and Communities Agency (HCA) recommend Housing Associations consider granting extensions to shared ownership leases wherever possible.
The Leasehold Reform Housing and Urban Development Act 1993 and the Commonhold and Leasehold Reform Act 2002, grants a leaseholder of a flat the right to apply for a lease extension. The right arises once the leaseholder has owned the flat for at least 2 years and if successful the Lease is then extended by a further 90 years from when it would otherwise have expired.
Leaseholders would be advised to consult with their solicitors to ensure that the correct procedures are adopted.
We will consider your request to extend your lease and will be happy to provide you with further information.
Please contact us for more information or if you are unsure of anything in your lease or obtaining a lease extension, please contact your solicitor.