Leaseholder Services

Last updated - 22 February 2018

The Leasehold Services team has been created to provide our Genesis customers with access to a range of leasehold services including home improvements, lease extensions, re-mortgaging and conveyancing queries.
The team will provide useful advice on your rights and responsibilities as a leaseholder and also deal with all lease-related transactions.

Conveyancing Queries

There are admin fees for dealing with all our service transactions. Please download our charges list on the top right of this page.

Please contact the Leasehold Team to discuss your conveyancing queries further.

Registration Notices

When you are buying a leasehold property, your solicitor must serve a Notice of Transfer and Charge (if there is a mortgage) on the landlord/management. This should outline the transfer of ownership and change of mortgage.

Deed of Covenant

A Deed of Covenant is a document that the buyer signs to say they will comply with the terms of the Lease.

Please refer to the lease and your solicitor may need to submit a request, in writing, to the Leasehold Services Team for a Deed of Covenant.  

Licence to Assign

This is an agreement between the landlord and the leaseholder to assign or transfer their obligations under the lease to another party.

Refer to your lease and you solicitor may need to submit a written request to the Leasehold Services Team for a draft Licence to Assign.

Certificate of Compliance

A Certificate of Compliance is a document required by the Land Registry to confirm that all the covenants of the lease have been complied with. This is needed if a restriction against transfer is listed against the title register.

Please refer to the lease; your solicitor might need to submit a formal request for a Certificate of Compliance to be issued by the Landlord. This should be accompanied by the relevant extract of your lease relating to the restriction.

The Certificate of Compliance can be issued upon completion of the sales transaction subject to all arrears of the account being cleared.

Transfer of Equity

A Transfer of Equity is a legal change of ownership of a property where at the minimum one of the original owners remains on the title.

You will need to instruct a solicitor to act on your behalf and we will need:

  • Proof of consent from all parties involved
  • Sight of the new mortgage for approval
  • Registration Notices
  • Certificate of Compliance

Remortgage

Remortgaging is the changing of your mortgage provider or its terms.

If Genesis retains a financial interest in your property you will need to get approval from us to change your mortgage terms.

You will need to instruct a solicitor to act on your behalf in this transaction and we will need to service notice upon Genesis.

Probate

Probate is the system people go through when they are handling the estate of someone who has died. It gives them the legal right to distribute the estate according to the deceased’s wishes.

If you are a leaseholder when you die your lease will become part of your “estate”. This means it will pass on to the person(s) you have named in your will. As a homeowner it is strongly recommended that you have a will. If you have no will the courts will administer your estate according to set rules.

Copy of the Lease

Your lease is very important and therefore you should ensure that your own copy.

A copy of your lease would have been provided by your solicitor upon purchase of your property. However if you are unable to obtain a copy and require a new one we can arrange for one to be sent to you.

Deed of Variation

A Deed of Variation is used to make changes to the lease of a property. Instead of rewriting the entire lease a deed of variation is drawn up by our solicitors outlining the terms. To be effective a deed has to be agreed and signed by both the leaseholder and landlord.

You will require a solicitor to act on your behalf and cover the legal fees.

Alterations and Home Improvements

As a home owner you may want to make alterations to the premises at some point during the period of the lease.

You should read the lease carefully to see what alterations are allowed. However we’re aware the lease agreement can be tough because of the language used. We have produced a guide to help explain our requirements in a simple way. It includes information about when you need to get consent to carry out changes in your home It also lets you know what you will need to do before you can start the works..

The following key information can be found in the alterations and improvements guide:

•Introduction to Home Improvements

•How to Apply

•Surveyors Assessments: feasibility, interim and post.

•Premium Works Procedure

•Licence to Carry out Works

•Final Consent

•Retrospective Permission

•Fees

•Types of Work: minor, major and premium.

•Further Advice

We have also included additional information about our new procedure for how we determine if the works will be subject to a premium.

All information and costs contained in the guide are up to date at the time of publishing.

You can read the full guide here.

Please note if Genesis is not the freeholder then we will be required to obtain consent from the Superior Landlord/Managing Agent. Charges applicable may be passed on to the Leaseholder.

Lease Extension

As a leaseholder Genesis offers the ‘right’ to extend the existing term of your lease by an additional 90 years. This is done at a ‘peppercorn’ rent as long as you meet the qualifying criteria.

To be a qualifying leaseholder:

  • The existing lease must be for a term of more than 21 years.
  • You have owned the property for two years or more.
  • A shared ownership lease where the leaseholder’s share is 100%
  • Granted under the Social Home Buy Scheme with 100% ownership
  • Granted under the Right to Buy or Right to Acquire rent to mortgage terms

A Shared Ownership leaseholder can also have their lease extended. However this is at our discretion and they will still be obligated to pay the rent on the unsold share.

Genesis provides an informal or formal lease extension procedure. The informal process is available to 100% leaseholders and Shared Ownership leaseholders. This option offers a cheaper and faster option. As opposed to the formal procedure as legal fees are not applicable until the drafting of the deeds.


The formal process is available to 100% leaseholders only and you will require a solicitor to act on your behalf. A statutory notice under section 42 of the Leasehold Reform Act 1993 will need to be served.

 

Collective Enfranchisement (Buying the freehold of the building)

Collective enfranchisement gives tenants of flats the right to act together to purchase the freehold of the building.

Genesis Housing Association is a charity and properties used for Genesis’ charitable purposes, including shared ownership properties, are exempt.

We may however consider selling the freehold of a building if all residents in the building own their properties outright, i.e. who are not shared owners or tenants.

In order for the building to qualify under the Act, it must:

• be an independent building or be a part of a building which is capable of independent development; and

• contain two or more flats held by qualifying tenants; and

• have at least two thirds of the flats held by qualifying tenants.

In order to be a qualifying tenant you must have a long lease which means a lease which, when originally granted, was for a term of more than 21 years. However you must not own three or more flats in the building. You cannot be a qualifying tenant if you hold a business lease.

Notwithstanding the above, the building will not qualify if:

• it comprises four or less units and has a “resident freeholder”;

• more than 25% of the internal floor space (excluding common parts) is used for non-residential purposes;

 • the building is part of an operational railway

For more information about this please contact The Leasehold Team.

Right to Manage

If you are a leaseholder and own 100% equity in your home, you have the ‘right’ to set up a Right to Manage (RTM) company. This means you take over certain management responsibilities from the landlord. You do not need to get the landlord's permission, prove any mismanagement or obtain any court order to exercise the right.

To qualify for RTM:

  • the block has at least two flats and is self-contained
  • at least two-thirds of the leaseholders are ‘qualifying tenants’ (explained below),and
  • the members of the management company are ‘qualifying tenants’ from at least half of the flats in the building.

You are a ‘qualifying tenant’ if the original term of your lease was more than 21 years. There is no limit on the number of flats owned by one person and the leaseholder does not need to have lived in any of the flats.

For more information about Right to Manage please contact The Leasehold Team.

Leaseholder Management Pack

If you intend to buy, sell or re-mortgage your leasehold property as part of the transaction you may receive a request for information about the property from your solicitor or mortgage lender. We have produced our Leasehold Management pack which will contain the following information:

  • Service charges for three years and the estimated statement for the current year
  • Service charge and ground rent statement
  • Fire risk assessment
  • Asbestos Report (if applicable)
  • Building insurance
  • Information about planned major works for the block and/or estate
  • Section 20 notices served about planned major works
  • Information about if the leaseholder has made any alterations to the property
  • Breaches of lease
  • Information about the landlord and/or management company

All requests for a pack must be received from you or your solicitor. 

Subletting

Subletting is a right for the homeowner to rent their property in part or whole to another person, commonly known as a subtenant.

Homeowner

If you are a Leaseholder owning 100% equity then you should check your lease to see if there are any restrictions on subletting your property. Providing there is no restrictions please download a form and register your sublet.

When a leaseholder registers their sublet we have control if any issues arise during the letting period. We are responsible for the safety and security of the building.

We work closely with Local Authorities to tackle anti-social behaviour and in cases of emergency such as fire we must be able to contact you. So it is important that we are notified when a leasehold property is sublet and that we have updated contact information.

Shared Ownership leaseholder

If you are a Shared Owner or a Supported Housing Homeowner you cannot sublet your property, under the terms of your lease. We, however, judge each case by their circumstances. If you would like to make an application for Genesis to consider your sublet request, then please use the appropriate form. Please use the link below to download a form.