Your rights and responsibilities

Your leasehold contract is an agreement between you and Gateshead Council.

The council is responsible for maintaining shared parts and services connected to your home.

It seeks payment, called a service charge, in advance from you every year.

In general, your responsibilities are to:

• pay your service charges, including ground rent
• keep your home in good condition and repair
• pay your property's living costs, like Council Tax, gas, and water
• use your home as a private flat
• be responsible for your visitors
• be a good neighbour by not causing annoyance
• repair and maintain the interior of your property
• have a Gas Safe registered engineer service all gas appliances annually, then send us a copy of your certificate
• be fire safe. Install smoke detectors. Check your electrics every five years
• ensure your property does not damage the estate's structure and shared areas. If your home opens onto a shared area, fit a fire-rated door
• keep all passages, staircases, fire escapes, and shared areas clear
• not alter your home (except for fixtures) without written permission. If in doubt, ask us
• not put up aerials, satellite dishes and so on without our written permission
• get our written permission if you want to keep an animal in your home
• inform us if you want to sublet your property. Also, provide certificates to show you are a responsible landlord
• if you bought your home under the Right to Buy, repay the discount if you sell it within five years

Our responsibilities are:

• keep your home and block in good repair
• maintain the services to your flat and building. For example, provide caretaking in multi-storey flats
• give adequate notice for non-emergency access to your flat to do works
• ensure that the structure and communal areas in your block are insured against fire and damage
• ensure fire-risk assessments are completed for the communal and shared areas of the block

Rights and responsibilities included in your lease

Paying service charges

Leaseholders need to pay annual ground rent and service charges. Service charges help pay for services to your block or estate. Pay your housing leasehold and service charges.

Ground rent

This charge is a small annual rent fee for using the ground on which the building stands.

Subletting

You must tell us if you want to sublet your property. Also, provide a copy of your tenancy agreement and your address. You must also pay the registration fees to Gateshead Council.

You must pay the service charge and maintain the property. You are also responsible for your tenants and their guests. You must check your home's gas safety and get an annual gas certificate.

Alterations

You cannot alter the property's structure or fabric, internal or external, without Gateshead Council's written approval. You must get our permission before starting any work or changes.

If you're thinking of changing your leasehold home and aren't sure if you need permission, please email us. We'll let you know what approvals you need, based on the work you plan to do.

You will need to provide the following:

• your name and address of the leasehold property
• the work you want to carry out before doing anything
• any approvals you already have to start the work

If work is done before you get permission, charges may apply. You will still need to get our permission. Please let us know as soon as possible to avoid any delays.

Access

Our staff or contractors may enter properties to inspect, repair, and maintain communal services that run through them. We will normally give you at least 48 hours' notice before doing this. In the event of an emergency we may have to force entry.

Selling, buying and remortgaging

You can sell your property whenever you wish to. If a purchase was made under the Right to Buy scheme, and the sale is within the discount repayment period, you must repay some, or all, of the discount you received.

If you have bought, your solicitor must send us a Notice of Assignment and Charge (if applicable) within 21 days.

Repairs

We must maintain your building and the communal areas. You must pay your share of the cost. You must maintain the inside of your property. This includes regular decorating and the internal plumbing, electrical wiring, gas pipes, boilers, and central heating. If you are connected to a communal heating system, you are not responsible for it.

Also, you must have a gas safety check done each year. Please email us a copy.

Report a repair.

Major works

We must, at times, do major work to improve or repair communal and structural parts of your building. These will usually be planned one-off works.

You have the right to be consulted about proposed works and service contracts with external contractors.

We will notify you in advance about any work in your block. We will explain why we need to do it and the consultation process. You will get early notice of when you will be billed for the work. You will also be given a list of major payment options (Excel doc, 13 KB).

Insurance

We arrange insurance cover for the buildings we own. Our cover is for your property's structure and communal areas. It includes accidental damage, like fire, storm, flood, and subsidence.

You need to arrange cover for your contents.

Nuisance

You must not cause a nuisance from your property. This includes things like playing televisions and radios at unreasonable levels, harassing neighbours, using the property for illegal purposes, failing to control any pets, and obstructing communal areas with any items. These can result in a breach of lease and may result in legal action.

Use of property

Your property is for residential use only. Holding a sale, auction or running a business from the property is not allowed.

Buying the freehold

If you qualify, you have the right to buy the building's freehold. This is called leasehold or collective enfranchisement (opens new window)

Statutory rights

We recommend that you read and understand the conditions of your lease. Leaseholders' rights include:

• extending the terms of your lease
• setting up a tenants' and residents' association
• setting up a tenant management organisation
• viewing accounts and documents used to calculate service charges

Email us if you want to challenge service charges.

You can also apply to the First-tier Tribunal (opens new window) at rpnorthern@justice.gov.ukor call 0161 237 9491.

This information is a summary and does not replace your lease. If you have a dispute with your lease, seek advice.