Residential leasehold
Grupo Gosen as freeholder.
Where Grupo Gosen owns a residential freehold, the freehold and each long lease are managed as continuing property interests. Rights and obligations arise from the lease, the freehold title and applicable leasehold law.
The legal structure
The freeholder owns the reversion; the leaseholder owns the leasehold estate.
A long lease grants the leaseholder a legal estate for the term stated in the lease. The freeholder retains the freehold reversion and the rights reserved by the lease and title. The relationship continues throughout the lease term and can include financial obligations, repair structures, insurance, consents, estate regulations, notices and rights of access.
Grupo Gosen administers freehold interests as long-term assets. This includes maintaining title and lease records, receiving notices, considering applications for consent, administering sums lawfully due, responding to conveyancing enquiries and protecting rights retained for the benefit of the building, estate or freehold interest.
The precise position for a particular home cannot be determined from a website page. Lease wording differs, historic titles differ and statutory protections can override or regulate contractual provisions. The leaseholder and freeholder are both bound by the legal framework applying to the property.
Freeholder rights
Rights that may be reserved to Grupo Gosen under a lease.
Ground rent
Where a lease lawfully reserves ground rent, the freeholder may demand and recover it in accordance with the lease and statutory requirements. Many new regulated residential leases granted from 30 June 2022 are subject to peppercorn ground-rent rules.
Service and estate contributions
Where the lease permits, the freeholder or manager may recover qualifying costs for services, repairs, maintenance, insurance and management, subject to statutory controls including reasonableness and consultation where applicable.
Covenant enforcement
The freeholder may enforce lease covenants governing payment, repair, alterations, use, nuisance, assignment, subletting and other matters, subject to the wording of the lease and statutory protections.
Insurance and common interests
Where allocated by the lease, the freeholder may arrange building insurance, maintain common structures or protect shared estate interests and recover permitted contributions.
Consent and licences
The freeholder may consider applications for alterations, subletting, assignment or other controlled matters and may charge administration fees only where the lease and law allow.
Entry and inspection
The lease may reserve rights of access for inspection, repair, compliance, services or other defined purposes, normally subject to the conditions and notice provisions in the lease and law.
Ground rent and charges
Charges must have a legal and contractual basis.
Ground rent is distinct from service charges and estate management charges. Whether ground rent is payable depends on the lease and the statutory regime applying to it. For many new regulated residential leases granted on or after 30 June 2022, the Leasehold Reform (Ground Rent) Act 2022 generally limits ground rent to a peppercorn. Older leases can continue to reserve ground rent in accordance with their terms, subject to applicable law.
Service charges are payments for services, works, maintenance, insurance or management where the lease provides for recovery. Variable residential service charges are subject to statutory protections. Costs generally need to be reasonably incurred and services or works of a reasonable standard, and consultation requirements can apply to qualifying works and long-term agreements.
Administration charges can arise for matters such as consent applications, provision of documents or certain defaults, but their recoverability and reasonableness are regulated. Grupo Gosen administers charges by reference to the lease and the legislation in force at the time.
Consents and restrictions
Alterations, assignment and subletting may require prior approval.
Long leases commonly contain restrictions on structural alterations, external changes, use, subletting, assignment, signage, flooring, satellite equipment, services or other matters. Some covenants are absolute; others require consent not to be unreasonably withheld; some are regulated by statute.
A leaseholder should not assume that planning permission or building regulations approval removes the need for freeholder consent. These are separate legal regimes. Where a licence to alter or other formal approval is required, Grupo Gosen may require plans, specifications, professional reports, contractor details, insurance information and reimbursement of reasonable professional costs where lawfully recoverable.
Unauthorised works can create title, insurance, safety and future-sale problems. The appropriate approach is to review the lease first and obtain any necessary consent before work begins.
Enforcement
Freeholder remedies are exercised within statutory safeguards.
A lease is a binding property contract. Persistent non-payment or breach can entitle a freeholder to pursue remedies, but residential leasehold enforcement is regulated and significant procedural protections apply. Forfeiture, possession and recovery of particular charges cannot simply be imposed informally.
Grupo Gosen may seek payment, require compliance, request reinstatement, recover permitted costs or take formal legal steps where necessary. The route depends on the covenant, the breach, the amount involved, tribunal or court requirements and any statutory preconditions.
The purpose of enforcement is to protect the freehold, other occupiers and the contractual framework of the property. Early engagement is usually more efficient than allowing an issue to remain unresolved.
Sales, remortgages and conveyancing
A leasehold transaction often requires information and notices from or to the freeholder.
Identify the title
Provide the property address, leaseholder name, leasehold title number and, where available, the freehold title reference.
Specify the transaction
State whether the enquiry concerns a sale, remortgage, transfer, deed of variation, lease extension, licence, certificate or other transaction.
Provide professional papers
Solicitors should provide the relevant enquiries, notices, certificates, deed drafts or lease provisions relied upon.
Review requirements
Grupo Gosen or its advisers will identify the steps required by the lease, title restriction, management structure and applicable law.
Complete formalities
Notices, certificates, deeds, consents or registration-related documents are completed in the form appropriate to the transaction.
Residential leaseholder questions
What does Grupo Gosen own if I own my leasehold home?
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Where Grupo Gosen is freeholder, it owns the freehold reversion. You own the leasehold estate for the term of your lease. The lease defines the relationship and the rights retained by the freeholder.
Can Grupo Gosen charge ground rent?
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Only where the lease and law permit. Many new regulated residential leases granted from 30 June 2022 are restricted to a peppercorn ground rent. Older or excluded leases can be different.
Can the freeholder charge for consent or documents?
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Possibly, where the lease and statutory framework allow an administration charge. The amount and process may be subject to reasonableness and other legal controls.
Can Grupo Gosen enforce a breach of lease?
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Yes where a valid covenant is breached, but the remedy and procedure are governed by the lease and applicable legislation. Residential forfeiture and related remedies are subject to significant statutory safeguards.
Does the freeholder control every repair?
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No. Responsibility depends on the lease. The freeholder may be responsible for structural or common parts while the leaseholder may be responsible for the interior, but every lease should be checked individually.
Related ownership information
Residents & property
Need to contact Grupo Gosen about your property?
Include the full property address and explain whether your enquiry concerns a tenancy, leasehold matter, repair, consent, notice or another estate issue.