Your lease

Your lease

For lease advice, contact the Leasehold Advisory Service. It is an independent organisation that gives leaseholders free legal advice. Your lease is an important document - if you don't have a copy you can order one from the Land Registry. For more details, see the Land Registry website (opens new window).

Common terms found in your lease. 

The laws which apply to your lease.

Our  guide to your lease (PDF) [1MB] .

Your rights and responsibilities

Your lease defines your specific rights and duties.

A summary of your rights and responsibilities

Lease plan

The lease document includes a plan for your property. It outlines your boundaries and any access rights.

Guidance on understanding the lease plan colours (PDF) [88KB] .

Extending your lease

You may be eligible to extend your lease for an additional 90 years - on top of what is left. For example, if you have seven years left on your lease, you may be given a new lease for 97 years.

You should contact a solicitor before taking any action to extend your lease. Your solicitor will need to send us notice to extend your lease or enfranchise.

You must repay our costs for valuing, negotiating, and granting a new lease to you or for selling the freehold.

The Leasehold Advisory Service provides guidance on extending your lease. (opens new window)

Breaches of lease

If there is a serious and ongoing breach of the lease, we can apply to the court to forfeit your lease. If we grant forfeiture, you will lose your home and any value that the property holds.

We would only do this in exceptional cases of a persistent lease breach. We will always send you notice of our intent. This gives you a chance to fix the breach before we apply for forfeiture.

Ordering a copy of your lease

Always keep your lease in a safe place, so that you can refer to it when you need to. If you need a copy of your lease you can:

• buy one from the Land Registry Service (opens new window)
• ask your mortgage lender for a copy (you may be asked to pay an administration fee)
• buy one from Gateshead Council (you will be charged a fee to retrieve and print it)

Loft space

The loft space above leasehold flats is not sold with the property. It remains owned by Gateshead Council.

We will consider the sale of the loft space subject to certain conditions:

1. The roof space can be sold either for conversion for living space or storage space.
2. The sale will be at a price to be agreed, plus Gateshead Council surveyor fees.
3. The buyer pays the fees for Gateshead Council inspections.
4. The buyer will be responsible for any additional work needed after the inspection of the works. They must also pay for any follow-up inspection of that work.
5. The leaseholder is responsible for the cost of separating any shared facilities.
6. The leaseholder must get consent from Gateshead Council and the required planning permissions.
7. The converted flat must stay as one dwelling. It cannot be subdivided.
8. The converted flat is to be occupied by a single family or individual. It cannot be let for student use or to any other groups. Multiple occupation is strictly prohibited.
9. The leaseholder will be responsible for any new windows fitted. They are also liable for any damage to the roof caused by them.
10. The leaseholder will pay for repairs to a new window unit if it fails to perform satisfactorily.
11. Gateshead Council will maintain the building's exterior and internal beams. If work is needed on the internal beams, the leaseholder must allow access to the loft. They must remove and restore any coverings that block access.

To find out if you can buy the loft, you must pay a non-refundable fee. An officer from Gateshead Council must visit your property before any application can progress.

Please email us for more information.