Key things you are responsible for under your Lease
General
You must keep your flat in good repair. If you fail to do so, your landlord can serve a notice on your giving you two months to complete repairs, after which BCML and/or your landlord can instruct their workmen/agent to enter your property and complete the repairs, with 100% of the cost of repair and any professional fees associate with the action charged to you. This is set out in section 4 of your flat’s lease.
Windows
The freeholder owns the window frames and the seals, not you. The frames of the windows will be repaired via a contractors that BCML’s agent must instruct, with the cost of the repairs recovered via the service charge that you pay. Glass in windows is owned by you and you are responsible for its maintenance and any replacement needed. The lease requires you to wash them (at least once a month) and repair/replace any broken or damaged glass.
Balconies and Terraces
- You own the doors to your balcony/terrace and their glass and frames and therefore you are responsible for organising any repairs/replacement at your own cost.
- Any decking/flag stone is owned by you and you are responsible for maintaining it to a safe condition
IMPORTANT: if you want/need to replace any item of your windows or balcony/doors, it is a critical clause of your flat’s lease that any works do not alter the external appearance of the Estate. It is advised to obtain sign-off with any visuals before work starts, as it could be very expensive for you to remedy any breaches afterwards (not only the cost of doing works twice, but you’ll also be liable for the professional fees of lawyers/surveyors/agents in corresponding with you regarding the breach).
If anything you are doing via replacement could impact the structural integrity of the building or its insurance/EWS1 (external walls) certification, you must liaise with BCML’s agents to ensure no part of the building’s structure is compromised. This will include changing the type of decking on your balcony (both in terms of what the structure of the balcony can support and from a regulation point of view the type of material which can be used for decking – see also here for more on upcoming balcony works.)
The structural metalwork of your balcony is owned by the freeholder and maintained by BCML via periodic works – as it will mean putting up scaffolding), these usually take place every 10-15 years. If you want to paint your balcony metalwork at your own cost in the interim, please contact BCML’s agents to discuss this before you do anything.
Ground floor terraces: leaseholders own the flagstones and are responsible for replacing them if they break. They also need to keep the flags free of weeds as part of the general condition of the lease to keep your flat in good repair.
Balconies above bay windows: these flats own their balcony’s flags/flooring material and the drainpipes leading off the balcony as they only serve that flat).
Replacing balcony slats: Leaseholders are responsible for the balcony flooring slats . For fire safety and personal safety reasons, balconies must be maintained in a safe and clean condition.
Material: The material used will need to be A1 /A+ fire rated , in a colour similar to already used, so it’s in keeping with the rest of the building. Please contact our managing agents if you have any queries.
No composite materials should be used as these can give off dangerous fumes and also cause drips of molten material. Acceptable types you can find online, would be Exadack, ceramic fibre, cement, aluminium.
Letting your Flat
Our leases forbid letting only part of your property.
The whole of your flat can be let out but:
- the tenancy must be one where the tenant are individuals (for around 28 of the flats, their leases specifically say that the tenancy must be an Assured Short-hold Tenancy – check your lease to see if this applies to you).
Corporate lets are now allowed.
Tenancies must: - last for at least 6 months; and
- include a clause in the lease that your tenants agree to observe the terms and covenants in the lease that you hold for your flat and that you have agreed to observe, so you do not find yourself in a position where you are in breach of lease with your own landlord as a result of your tenant’s actions, but you cannot legally force your tenant to stop doing the thing that is leaving you in breach of your own tenancy (and which could therefore lead to your own lease being forfeited);
- you may need a licence from Southwark Council
- you must give the names of your tenants to the managing agent; and
- you should contact the managing agent to give them your future contact details for the receipt of correspondence, service charge demands etc.
Please note: short-term holiday lets and/or AirBnB type lets are prohibited.
If in any doubt, we suggest you take professional legal advice to clarify your rights.
Making Internal Alterations to your Flat
The lease for your flat prohibits alterations to your flat or to the structure of the building. This means:
- you cannot add extra rooms to your flat (e.g. by subdividing existing rooms into two);
- you cannot take down walls; and
- if you have made alterations you should return your property to its original layout as per the original lease or the landlord may seek to forfeit your lease.
It is a clause of every lease that all other leases on the estate are granted on similar terms. This is standard practice and for a very good reason – it means you (and your lawyer when you buy a flat on the Estate) do not have to read every lease in existence to know/understand the terms. You cannot ask your landlord to change your lease’s terms in a way that would result in it being granted on terms dissimilar to other flats’ leases – if your landlord did this, they would be acting breach of every other lease they have granted.
Very important point: the 2020 Supreme Court decision in the case of ‘Duval’ has confirmed that the restrictions in our lease against alterations cannot be ignored by your landlord. This is critical for us – as our leases state we cannot make any alterations to layout (remove/add walls) or (separately) that result in structural alterations: we are in the same position as the block of flats in the Duval case. As in Duval, you have a right to ask the landlord of any flat in breach of lease to enforce that other lease. You will be required to fund this litigation and prepare/provide the relevant evidence and testimony, but that does not impede your rights. This could relate to alterations, nuisance or other breach of lease.
If in any doubt, we suggest you take professional legal advice to clarify your rights.
The Hallways & Electricity /Dry Riser Cupboards
The lease prohibits storing anything in the hallways or communal parts.
Please do not leave pushchairs or buggies or any belongings in the hallways or store things in the electricity or other hallway cupboards. This is a Fire Safety rule.
Anything left in the communal areas could be removed and disposed of and no liability will be assumed by BCML.
Communal Electricity
We do not use the communal electric hallway heaters. Please do not try to switch them on.
Do not use sockets in the communal areas for any portable heaters, or for charging of appliances such as mobile phones, etc.
For let/for Sale signs
These are not allowed to be attached to the building or put up in your window.
Similarly, no posters etc can be displayed so as to be visible from outside, e.g. political or religious.
animals
Animals cannot be kept without the consent of BCML. Please contact BCML’s agent if you would like us to consider your application to keep an animal. Dogs are not allowed (except for working assistance dogs such as Guide Dogs). See here for our Pets Policy.
External appearance of buildings
It is a clause of all leases that no one does anything that alters the external appearance of the buildings. This means for example:
- all colours of window frames and types of glass in windows must remain the same;
- you cannot paint your balcony railings other than black;
- if you install a new boiler, the flue must be black (see the separate guidance on this site re. boiler replacement);
- you cannot attach alarm boxes, satellite dishes or anything else to external walls. You do not own the external walls nor any roof/attic space above your rooms if you are a top floor flat). You will be trespassing if you do anything outside your flat’s demise.
Windows doors and Glass
You own your front door. You own any balcony door and window glass in your flat and you are responsible for their maintenance and care. You are responsible for ensuring your front door is compliant with fire regulations.
Disclaimer
The text of this page does not constitute professional legal or other advice and its should not be relied on in order to fulfil any legal obligation which the reader may be required to comply.