Leaseholders
Understanding your lease
We are committed to providing a clear, fair and transparent leasehold service.
This information explains leaseholders’ rights and responsibilities and how we manage buildings, services and associated costs.
This guidance helps you understand how council-owned leasehold homes are managed and what you can expect from us. It does not replace your lease, which is the legal agreement between yourselves and us. Lease terms vary, so always check your own lease. If you are unsure how your lease applies to you, consider independent legal advice.
What is a lease?
A lease is a long‑term legal contract between you and Cheshire West and Chester Council. It sets out what you are responsible for inside your home and what we are responsible for as freeholder. Most former Council leases were originally granted for 99 or 125 years. The lease gives you the right to live in your home for the length of the term.
Some leases now have a remaining term of 82 years or less and leaseholders may find it difficult to sell or re-mortgage. If you have any questions in relation to your lease please contact us. Please be aware that you will need to pay our legal fees in addition to your own.
Costs to consider
- Council’s Legal Fees: £1000
- Council Surveyor’s Fee: £350
- Valuation Fee: to be confirmed via quotation
Fees are reviewed annually after 1 April each year.
Lease extension is a complex process, and you are strongly advised to obtain independent legal advice.
Your lease will normally require you to keep the inside of your home in good repair, pay service charges which are reviewed annually along with any ground rent when due, and follow the conditions of the lease. The Council, as freeholder, continues to own the building, shared areas and the land, and is responsible for managing the building and, where stated, arranging buildings insurance.
The lease also explains access rights for safety checks and essential works, any restrictions on use, how your share of communal costs is calculated, and when written permission is required for changes such as structural alterations or subletting. If you need a copy of your lease you can usually obtain one from HM Land Registry (fees may apply).
Independent advice is also available from Citizens Advice or the Leasehold Advisory Service (LEASE).
Living in a leasehold building involves shared responsibilities with neighbours. Leaseholders are expected to be considerate, avoid nuisance, and keep communal areas clear so they are safe and accessible. The principle of quiet enjoyment applies: you are entitled to live peacefully in your home when you comply with your lease, and the same protection applies to your neighbours.
Anti‑social behaviour is taken seriously. Examples include persistent noise, harassment, vandalism and illegal activity. If concerns arise, we will signpost the most appropriate route, which may include the anti‑social behaviour team or the police depending on the issue. Pets may require permission; check your lease and any local rules for your block or estate.
If you plan to carry out activities that might affect neighbours such as minor refurbishment or short‑term construction please let them know in advance where possible and follow any site rules that apply (for example, use of lifts, waste disposal and permitted hours). This helps maintain good relations with neighbours.
Service charges are paid by leaseholders to contribute to the cost of managing, maintaining and, where required by the lease, insuring the building and estate. They are a legal mechanism under your lease and relevant legislation. They are not rent. Typical costs include grounds maintenance, communal lighting and power, day‑to‑day repairs, planned maintenance, management and administration, and buildings insurance.
Under the terms of the lease agreement, the Council, who are the freeholder (owner of the block) are responsible for insuring the building, however the cost will be recovered from you as the leaseholder via the service charge. Therefore, it is best that you cancel any buildings insurance policy you have of your own.
If you own 100% of the property through shared ownership you will no longer receive buildings insurance cover from us.
Each year we issue an estimated service charge and later a final account showing the actual costs and any balance due or credit. Your lease explains how your share is calculated. If you are part of a block, you will be charged a proportion of the overall costs of maintaining the block, for example, if you are one leaseholder in a block of four properties, you’ll be charged ¼ of the costs.
Service charges are payable from the 1 April each year. Payments are due quarterly in advance on the first day of each quarter, on 1 April, 1 July, 1 October and 1 January. You can choose to pay monthly by Direct Debit over 12 monthly instalments.
You have legal rights to information about service charges. You can ask for a summary of costs for the last accounting period and, after receiving a summary, you can ask to inspect supporting documents such as invoices and receipts within set timeframes. If you believe a charge is unreasonable, please contact us to discuss it and we will investigate and report back to confirm if any changes need to be made, you may challenge it through the appropriate route, including the First‑tier Tribunal where applicable.
If you are struggling to pay, contact us to discuss options; early engagement helps prevent debt from escalating.
If your lease allows subletting, you must inform us in writing and provide an up‑to‑date correspondence address for legal notices. You remain responsible for paying service charges and ensuring your tenant follows building rules. The landlord can be subject to forfeiture proceedings if the tenant does not abide by the terms of the lease. As a landlord you have legal safety duties, including annual gas safety checks, ensuring electrical installations are safe and providing required energy performance information to tenants.
We involve and consult leaseholders on major works, long‑term agreements and changes that affect homes or charges. We encourage you to contact us via our online form with any questions or concerns so we can resolve issues informally wherever possible. If you remain unhappy with our service, you can use our complaints process. Some matters may be referred to the Housing Ombudsman if unresolved.
Certain disputes, including whether a service charge is reasonable or payable, can be decided by the First‑tier Tribunal (Property Chamber). You have legal rights to request information about how charges are calculated and to see supporting documents, however there are time limits that apply to demanding costs. Independent advice is available and we will send you to suitable sources if you need them.
