Questions on your Lease
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Your Lease
The Owner of City View is CVRA Ltd (aka 'Freeholder' or 'Landlord' - please see the History page for more background). Each flat/property owner is called a Leaseholder as they own the lease for their property. The lease is a contract between the Freeholder and the Leaseholder which grants the Leaseholder conditional ownership for a fixed period of time i.e. the 'term' of the Lease.
As The Leasehold Advisory Service notes: The lease sets out the contractual obligations of the two parties: what the leaseholder has contracted to do, and what the landlord is bound to do. The leaseholder’s obligations will include payment of the ground rent (if any) and contribution to the costs of maintaining, insuring and managing the building. The lease will probably also place certain conditions on the use and occupation of the flat. The landlord will usually be required to manage and maintain the structure, exterior and common areas of the property, to collect service charges from all the leaseholders, insure the building and keep the accounts.
For more information please visit The Leasehold Advisory Service.
This page is designed to answer some common questions regarding your lease with CVRA Ltd.
Can I use my flat for Short Term lets such as AirBnB?
The short answer is: No. Note: in this circumstance the definition of 'Short Term' is less than 6 months.
Letting your property out on a short term basis breaches a number of the covenants within your lease, specifically:
The fourth schedule:
Regulation 18(b) ‘not to carry on in the Flat any trade or business or use or permit the same to be used for any illegal or immoral purposes or for any purpose injurious to the reputation of the Building’
Regulation 19(a) ‘not to do or permit to be done anything whereby any insurance for the time being effected on the Building or any part thereof may be rendered void or voidable or where the rate of premium may be increased’
It is considered that such short term rentals to persons without references, who will not care about looking after the property, increases the likelihood of damage and nuisance to other properties in City View House and communal areas and inevitably creates security risks. As a result, any damage suffered is unlikely to be covered under the blocks buildings insurance policy.
Note: This answer only addresses the question with respect to the Lease and does not consider other legal limitations such as mortgage conditions and local government guidelines, if applicable.
Can I rent out my flat for a long term let?
Yes. Assuming it is for a minimum of 6 months under a standard contract such as a short assured tenancy. Some notes:
You (the Leaseholder) remain responsible for paying the service charge and therefore you should advise the Managing Agent of your new address for the service charge, etc.
There is an obligation under the lease to notify the Freeholder (via the Managing Agents) of new tenants as they change and their names.
The tenancy agreement should conform with and mandate the terms of your Lease with the Freeholder.
Note: This answer only addresses the question with respect to the Lease and does not consider other legal limitations such as mortgage conditions and local government guidelines, if applicable.
Do I need permission to re-decorate my flat?
No. Standard painting/redecoration is permissible under the lease without consent. Please see below for where consent is required.
Do I need permission to re-model my flat?
Yes. Leaseholders should get in touch with the Managing Agent when planning any structural alterations to their property, so that it can be determined if a 'licence to alter' (aka Deed of Variation) is required. Simple painting/redecorating does not require a licence, however any structural alterations (e.g. new bathrooms, making the apartment open plan/ any kind of alteration from the original lease plan) will require Landlord consent via a licence to alter. The Block Surveyor will need to review the proposed changes and any associated costs are borne by the applicant.
For the avoidance of doubt, the replacement of a kitchen which does not involve the replacement of waste connections to the central stack does not require a license to alter. The removal of a bath and its' replacement with a shower (or wet room) would require a license to alter. If you are in doubt, please consult the Managing Agent.
Note: the license to alter is in addition to any planning or building regulations consent required from the local authority which it is the Leaseholder's responsibility to obtain.
Do I need permission to put down wooden floors?
Yes. A change from carpets to wooden flooring would require a licence to alter as the lease stipulates the flats include carpet. There have been instances where a licence for wooden flooring has been granted when there is adequate sound insulation as agreed by Block Surveyor.
How do I get a License to Alter?
You should approach the managing agent in the first instance. The basic process is that:
You specify what you want to do;
You obtain the necessary permissions (such as Planning Permission (if required), Building Regulations permission, etc.);
You formally apply for a license to alter. This means (i) the Block Surveyor will review your plans and will make recommendations. Once your plans are approved by the Block Surveyor, the Landlord's solicitor will draw up a formal license to alter.
Once the license to alter is approved and before you start work, the Block Surveyor will visit your flat and adjacent flats to prepare a condition report. This protects both you and your neighbours in the case of dispute cuased by works.
Once the work is finished the Block Surveyor will have to sign-off the changes. This confirms that they are as agreed and specified in the license to alter.
You are responsible for all costs, including those incurred by the Block Surveyor and the Landlord (i.e. solicitors costs). You will be asked to pay these upfront.
I’m unhappy with the amount of service charge I’m paying c/w other flats
The percentage of the service charge you pay is written into your Lease. The smallest percentage contribution is .53% and the largest is 1.67% therefore each flat will pay a differing amount. Neither you nor the Freeholder can change the Lease as this would affect all other flats/Leases as the percentage must add up to 100% i.e. the service charge & reserve fund budget is fully covered.
It is not possible to change the percentage you pay of the overall service charge and reserve fund regardless of usage of the facilities or other circumstances. Neither is it possible to change to a fixed rate per apartment rather than the current percentage calculation.
Can I obtain a lease extension?
Yes. Leaseholders have a statutory right to a lease extension. There is considerable information on this right on the internet. For more information please contact the Freeholder via the Managing Agent.
Note: all costs associated with the lease extension are borne by the applicant.
Workhomes: Do I need permission for change of use?
Yes. Workhome Leaseholders need planning consent in order to change their Workhome unit to fully residential as well as Landlord consent via a licence to alter. An open market fee (as determined by professional valuers) is payable to the Freeholder and all associated costs are borne by the applicant.
Page updated 14st October 2023 - please see the disclaimer in the Legal and About page.