Leaseholder Handbook. How to contact us. Visit us at: information keep it safe here. From time to time we ll send you other important

Transcription

1 How to contact us Visit us at: Turing House, Archway 5, Hulme, Manchester, M15 5RL Monday and Thursday 8.30am pm, Tuesday and Friday 9am pm and Wednesday 9am pm. 130 Alexandra Road, Moss Side, Manchester, M16 7WD Tuesday 10am to 12 noon. Phone: Text: Textphone: info@citysouthmanchester.co.uk Website: Follow us on Twitter at Braille Print this information, Audio CDplease get in touch using If you need help to accesslarge or understand above. Ifthe youcontact need helpdetails to access or understand this information, please get in touch using the contact details above. Arabic Farsi French Somali Urdu A tool is now available on our website that will translate our whole site into your preferred language. EASY READ TENANT APPROVED Leaseholder Handbook From time to time we ll send you other important information keep it safe here

2 Contents Section 1 Welcome 1 Section 2 Your Lease Agreement 3 Section 3 Your rights and responsibilities 5 Section 4 Our service standards 8 Section 5 Your fees and charges 9 Section 6 Your repairs, maintenance and improvements 16 Section 7 Buying, selling or renting out your property 24 Section 8 Your home and neighbourhood 28 Section 9 Your participation 32 Section 10 Your comments, complaints and contacts 34

3 Section 1 Welcome Welcome to your handbook we hope you find it useful! 1.1 Purpose This handbook explains what your rights and responsibilities are as a leaseholder. It gives you information about the services provided by City South Manchester Housing Trust (CSM). It explains about service charges, and why you have them. It also looks at the conditions of your lease, such as who should repair and maintain the different parts of your home. We have tried to include as much information as possible, but if you would like more detail, please contact us. The handbook should be used for guidance only and does not replace your original lease. It is not a full interpretation of the lease or the law. We want you to enjoy your home and neighbourhood. If you have any comments or queries please get in touch with us. Contact details Call us FREE* Lines open Monday to Friday from 8am 5.30pm *Calls are FREE from landline phones but calls from mobile phones are charged at your network rate. Textphone FREE for people with hearing impairments Visit our website Send an info@citysouthmanchester.co.uk Send a text message (text your house number and postcode followed by your message) Drop us a line (no stamp needed) FREEPOST City South Manchester Housing Trust Visit us Turing House, Archway 5, Hulme, M15 5RL (opposite ASDA in Hulme) Opening Times: Monday 8.30am to 4.30pm Tuesday 9am to 4.30pm Wednesday 9am to 5.30pm Thursday 8.30am to 4.30pm Friday 9am to 4.30pm If there are problems that we cannot resolve or you feel unable to discuss concerns with us directly, you should seek independent advice. Useful sources of advice may be the Citizens Advice Bureau, the Leasehold Advisory Service (LEASE), or your own solicitor. 1

4 Section 2 Your Lease Agreement 1.2 About us City South Manchester Housing Trust is a Registered Social Landlord regulated by the Tenant Services Authority. We are led by a Board, which is made up of up to 12 volunteers who manage and make decisions for our organisation. The Board consists of independent, resident and council appointed members. We own and manage more than 4,000 properties for families, older people, single people and vulnerable people. Our homes are a mix of houses, bungalows, maisonettes and flats, some of which are high rise blocks. Currently there are around 300 leasehold properties under our management. We are a charitable, not for profit, organisation. This means we constantly reinvest in new and improved homes, better services and the support and development of strong communities and neighbourhoods. Through our core values we are: Forward thinking and willing to do things differently Leaders in our neighbourhoods - where everyone can contribute Opening doors to provide opportunities Creating safe places and sound services Open, inclusive and accountable to our customers Tailoring our services to suit your needs 2.1 What is a lease? A lease is a binding contract, enforceable in law, between the leaseholder (you) and the landlord giving you the right to live in the flat/maisonette for a fixed period of time. It establishes the rights of the leaseholder and the landlord s rights as freeholder. Your lease will set out many terms and conditions. It is an important document and you must always keep it in a safe place. If you lose the original lease, we can get you a copy, but may charge you for it. Your lease will have a plan attached showing your property and the building in which it is situated, together with any garden or outbuilding which may be included in the sale. It will also identify any communal areas that you may be entitled to use within the estate. Like many legal documents, your lease may be difficult to read and understand. On purchase you should have discussed the terms and conditions of the lease with your solicitor. If in any doubt, always seek legal advice or you can contact a suitable advice service such as Citizens Advice Bureau. To help you understand what your lease says we have produced a plain English summary of a typical City South Manchester Housing trust lease which is available on request. The leases used by Manchester City Council (MCC), and us, have changed over time to reflect changes in best practice and the law. In addition each lease agreement is subject to individual negotiation at the time of purchase. It is important that you refer to your own individual lease in case of doubt. Note: The plain-english version is only a guide the legal wording in your actual lease would be used in law if there were a dispute over the terms of your lease. 2.2 What is a leaseholder? You will be a leaseholder if you have bought your flat or maisonette under the Right to Buy scheme (purchased when an MCC tenant), Preserved Right To Buy scheme (City South Manchester tenants, who were formerly MCC tenants), or Right to Acquire scheme (new City South Manchester tenants). Or you may have bought it from an existing leaseholder. A leaseholder is someone who has bought the lease of a flat. It is simply a long-term tenancy, the right to use and occupy your home for a long period. As a City South Manchester leaseholder you have bought the right to live in your property for a fixed number of years, to a maximum of 125, which will decrease year by year. If you sell the lease, the buyer takes over the remaining period of the lease. Eventually, when the lease runs out, the flat will revert back to us as the landlord. However, you will almost certainly have the right to a lease extension (see section 7.2). 2 3

5 Section 3 Your rights and responsibilities As a leaseholder you are responsible for paying your share of the costs of managing, maintaining and improving the block. As the freeholder and landlord, we have a legal duty to charge you your share of the costs, and you have a legal duty to pay them. 2.3 What is a freeholder? The freeholder owns the land the property is built on and charges a ground rent. We are the freeholder of your block and are responsible for looking after the structure, exterior and common areas of the block. You have responsibilities and rights as a leaseholder, as do we as your landlord. The lease sets out the rights and responsibilities of both parties, which are summarised below. Your own lease will provide more specific detail for your own home. In addition, you have rights given to you by law, known as Statutory Rights, which are included below. Your rights and responsibilities 3.1 As a leaseholder you have the right to: Quiet enjoyment of your home. This means to live peacefully without unnecessary interference from your neighbours or us as long as you keep to the terms and conditions of your lease. Expect us to deal with any noise, nuisance, annoyance and disturbances by neighbours. In the first instance you should speak to them, they may not be aware that they are causing any problems. Expect us to repair and maintain the block of flats and manage any shared areas. Use forecourts and shared areas around your home - and to enjoy the use of shared gardens (but excludes the cultivation of them without permission). Go onto the surrounding property owned by us in order to carry out your responsibilities, such as repairs. Decorate the inside of your home. However, if you wish to make any alterations or major improvements you must apply for permission. In some cases you may also need planning or building approval. Sell the lease on your home (for the remaining years) to anyone you want to, or leave it to someone in your will or give it to someone as a gift. If you have purchased your home under the Preserved Right to Buy or Right to Acquire scheme, you may need to repay some, or the entire, discount you received. Take in lodgers or rent your home to someone else, if you want to. We request that you inform us to ensure that we hold accurate information regarding your property. This will make sure that when we need to send you important information you will receive it and not your lodger or tenant. You will also need to advise your mortgage lender if you do rent out your home. 3.2 In addition, as a leaseholder you have extra statutory rights, which give you the right to: Information about your landlord. Seek recognition for a residents association (see section 9.2). Information about the service charges and the right to challenge them. 4 5

6 Be consulted about any major works and long term agreements to carry out works to your home and / or the block of flats. Information about our insurance. A management audit. Manage You and the other leaseholders in the block may qualify to take over the management of the block of flats from us and run it yourselves or appoint an agent to manage it on your behalf. This is known as the Right To Manage (RTM) and is a group right rather than an individual right. Certain conditions need to be fulfilled which include: The block must contain two or more flats. At least two thirds of the flats must be held on long leases (over 21 years). The group must set up a Right To Manage Company. The Right To Manage Company must follow a set of procedures if it wishes to manage the block. 3.3 As a leaseholder you have a responsibility to: Pay the ground rent and existing and future taxes on the property. Pay the yearly service charges and contribution towards work being done. Keep your property in good repair, decoration and condition, including servicing appliances and installations in line with current regulations (e.g. annual gas safety checks). Maintain adequate contents insurance for your property. Allow us to access your home in order to carry out any necessary works. Obtain permission from us prior to making any alterations to your home (including alteration or replacement of any fixtures and fittings installed by us). Allow your neighbours the same right to quiet enjoyment of their home and not to cause a nuisance or annoyance or cause any damage to our or any neighbouring property. Not use your home for any trade purpose. Not keep any animals or birds without obtaining written permission from us first. Not erect or display any aerials / signs or notices outside your home (except a single board advertising property for sale or rent). Not divide the premises to let or transfer part of the premises. Not do anything which is likely to damage the structure of the building or damage any shared services. Inform us of any transfer of lease, mortgage or sub-let. Our rights and responsibilities 3.4 We have the right as the freeholder and your landlord to: Rebuild, restrict or develop any part of the block / estate or neighbouring land we believe necessary. Enter your property to fulfil our duty to keep the property in repair, carry out improvements, or inspect your home. (However, we must give reasonable written notice before we can carry out any necessary works except in an emergency, such as a water leak, when this rule will not apply and no notice needs to be given). Pay a fair proportion of repairing party walls to your flat and rebuild / reinstate our property as necessary, unless the damage is not considered to be attributable to fair wear and tear. To charge interest on overdue payments. 3.5 It is our responsibility to: Ensure that you have quiet enjoyment of your home. Maintain and repair the main structure, foundations, roof, guttering, communal drains and external pipe work. Maintain and repair any communal services and any related machinery or installations connected with those services. Maintain and repair communal areas, including passageways, staircases, halls, landings and any grounds within the estate, which are jointly used by the leaseholders. Provide you with an annual statement relating to your service charges. Provide adequate building insurance cover (of which you will be required to pay your contribution). Rebuild/reinstate your home if necessary. Collect the contributions towards the costs of works from leaseholders. Manage your block or estate in a proper and reasonable manner. Consult you before carrying out expensive works to the building. The above points do not cover all rights and responsibilities. You must always refer to your lease for these. 6 7

7 Section 4 Our service standards Section 5 Your fees and charges We will: Act at all times as a reasonable and responsible landlord. Respect and protect your rights as a leaseholder and will expect you to respect our rights and responsibilities as landlord. Keep the building in good condition to protect our investment and yours. Try to deal with anti-social behaviour in or around your home. Answer telephone calls within 15 seconds or six rings. Deal with your query or transfer/ the relevant person for a response straightaway. Ring you back within three hours if necessary. Acknowledge s and letters within 10 working days at the latest. Our response will include the name and contact details of the member of staff who has dealt with your enquiry, and who will be pursuing it if a full answer cannot be given within the 10 day timescale. Have staff available to deal with enquiries during office hours. Ensure our staff identify themselves and wear a name badge. Deal with you courteously. Private interview facilities can be available, if required, when you visit us. Visit you at home by appointment if you request us to do so. We will show ID and treat your home with respect. Use plain English in our publications and letters. If you need help to access or understand the information, please get in touch. Consult with you regularly your views and opinions are important to us to help shape our future service. Consult with you before undertaking major works, to get your views on the proposed works and the proposed contractors. Recognise when we have got it wrong and put it right if we can. If we can t do something we will explain to you why. We also have defined service standards for the services applicable to your home (e.g. how often we will cut the grass, remove graffiti, or clean internal communal areas). These are available separately to the leaseholder handbook, as they can vary from home to home. All service standards are subject to regular review and are consulted upon with tenants and leaseholders as appropriate. 5.1 Ground rent Because leasehold is a form of tenancy, it involves paying us a ground rent. Ground rent is a specific requirement of your lease, and is defined in your lease. The amount payable is set under the Housing Act 1985 and in most cases is set at 10 a year. Service charges 5.2 What are service charges? When you bought your lease, you became a shareholder in the building your flat or maisonette is in. This means you have a responsibility to pay your share of the costs of maintaining and managing the building and surrounding communal areas. If you owned a freehold house, you would have to pay all the costs of running your house. As a leaseholder you share those costs with us and other leaseholders. We have a legal duty to maintain the building and charge you your share of the cost. As a landlord we also have to pay our share. The costs are shared equally among all the flats in the block (unless a cost relates only to one flat and the others receive no short or long-term benefit). For example, if there are 10 flats in your block and seven of them are rented to our tenants and the other three belong to leaseholders, each leaseholder will pay one-tenth of the cost and we pay seven-tenths on behalf of the tenants. We can bill costs that we have spent, or which we expect to spend. This means that we can bill in advance on the basis of an estimate if it is appropriate to do so. Each year, about six months after the end of the financial year, you will receive a breakdown of the actual costs of your services for the previous year. The test of any costs billed to you, is that they are reasonable i.e. it is reasonable that we are undertaking the works/services; that they are carried out to a reasonable standard; and the cost must be reasonable. The leaseholder has protection via our requirement to consult leaseholders before incurring larger items of spend, and the challenge processes in place to ensure the reasonableness test is met (see 5.13). The rent our tenants pay us covers the cost of their services. You will not have to pay for any services you do not receive and will not be subsidising tenants in any way. 5.3 What do my service charges cover? Payments you make to us cover the services we provide, which will depend on where you live. Your lease will tell you the services you are liable to pay for. These may include such items as: Annual items: Grounds and estate maintenance Caretaking, cleaning and warden facilities Lighting of common parts and communal areas Responsive maintenance or repairs Building insurance (this does not cover contents) Other items: Administrative fees and management charges Major works or improvements. 8 9

8 5.4 Service charges annual items Service charges can vary from year to year; they can go up or down, but must be reasonable and the relevant consultation process must be followed where applicable. We will estimate the expected costs to be incurred in each financial year, and will bill you for your contribution, with any necessary corrections to actual costs included on the annual breakdown of costs sent about six months after the end of the financial year. The total expenditure spent on a block is divided by the number of dwellings in the unit to determine the proportion due from each leaseholder, other than where defined differently in your lease or where the expenditure relates specifically to your home. 5.5 Service charges - insurance As the freeholder we are responsible for keeping the building insured to the full cost of reinstatement. This ensures that leaseholders are covered in the event of a claim relating to buildings structure. The most cost effective way for us to do this is to arrange cover for all leasehold properties with one insurer. We will take out the insurance policy with an insurer of our choice, and charge you for your share of it. This charge will be included in your service charge bill. Your policy cover will run for 12 months and is renewable annually. We are pleased to confirm that we insure the building and you do not need to take out your own building insurance. What am I insured for? There is no actual declared sum insured for each individual property. In the event of total loss, your property will be repaired/rebuilt to its full reinstatement value. The policy covers the structure of your home and any permanent fixtures and fittings. It is important to keep to the conditions of the insurance policy. If you are in any doubt, always refer to your insurance policy itself. You will have received a summary of insurance cover note. However, you will need to refer to your insurance policy for a more detailed list of what is covered, a copy of which is available on request. You will receive your summary of insurance cover note with your service charge invoice. Does my policy cover contents insurance? Your building insurance does NOT cover the contents of your flat (such as your furniture and personal belongings). To cover these you should arrange your own home contents insurance. If you do not have it you are taking a big risk. If you had a fire, flood or break-in, could you afford to replace your furniture, clothing and belongings? Home contents insurance need not be expensive, and most companies will let you pay by instalments. There are many insurance companies, and many banks and building societies also sell insurance. Costs will vary, so it pays to shop around for a good deal. We support the Manchester Tenants Insurance Scheme, which arranges home contents insurance through Aon, with Aviva. This scheme is administered by Northwards Housing and is open to all social landlord tenants and leaseholders, who have acquired their homes under the Right to Buy legislation, based within the Manchester City Council boundary. Details of the scheme and an application form are available on request. It is better to be safe than sorry. Make sure you are properly insured and keep to the conditions of the policy. 5.6 Service charges administration fee The administration fee is a charge added to all service charge bills to pay for our costs of administering, calculating, billing and collecting your service charges; responding to queries; and of the general management, consultation and other processes undertaken by us in support of leaseholders. Our total management costs are shown in our annual accounts of CSM and these administration charges are a contribution to those costs from leaseholders. The fee is set in accordance with the terms of your lease, which in most cases is 10% of the costs of services (including major works and improvements, but excluding ground rent). 5.7 Service charges major works or improvements Your annual service charge includes day-to-day repairs and routine maintenance to your building. Work that is more large-scale and carried out on a planned basis, such as roof replacement, replacing a lift, or repairing/replacing windows, are generally referred to as major works. We have an obligation to repair, maintain and sometimes improve the main structure and common parts of the block and estate. We will undertake major works at blocks where there are leaseholders. You will be charged for this work where the lease allows. The cost will usually be the total cost divided by the number of flats in the block, unless the work is specific to one, or a group, of properties. Before undertaking major works we will consult with leaseholders and seek your comments which we will take into account as we progress the works (see section 6.5). Where we are aware of programmed works, you will be billed on an estimated basis with an adjustment to the final cost when it is known. On occasion, it may be necessary to raise a special invoice for major works if, for example: significant emergency works have been necessary; works have been carried out to your flat alone; or you are being charged for damage you have caused. 5.8 Sinking funds/reserve funds Sinking funds/reserve funds are used in some cases to build up sums to pay for large, infrequent items of expenditure, such as replacing a lift, or for major items which occur regularly, such as redecoration of external or communal areas. Reserve funds will only be used for costs relevant to an individual s home thus if there is no lift in your block, you will not be required to contribute to a fund to replace a lift

9 Where sinking or reserve funds are used, a regular charge is made to build up a balance for each leaseholder which is then used to pay for the works as they occur. This avoids the need for large or one-off bills relating to such works for individual leaseholders, and can be used to assist budgeting for leaseholders. They do however create an administrative burden in managing these balances and tracking the position for individual leaseholders. Whilst we are reducing the use of these funds, they are still in operation in respect of certain service charge items - relating to older leases in particular. As part of the annual breakdown of actual costs incurred, we will report any balances held in sinking funds to leaseholders. These balances will be reviewed and future contributions adjusted accordingly. If no future works are foreseen at the time of review, any held balances will be refunded to individual leaseholders. 5.9 Other charges There are a number of services which we may provide for you, for which a separate fee may be chargeable. A summary of the most common such services is included here. The charges are subject to regular review, and you should confirm the latest applicable charge with us. Responding to pre-assignment enquiries (part of the process of buying or selling your home) Lease assignment (buying/selling your home) Consent or licence to alter (for such as extensions, loft improvements) Collective enfranchisement (see section 7.5) Lease extensions (see section 7.2) Deed of rectification/variation (an alteration to your lease) Postponement or securing of a charge (as freeholder we may have a registered charge on your property. If you wish to remortgage, we may have to give our consent to postpone our charge in favour of your new mortgage provider) Ad hoc purchases/disposals (e.g. loft spaces/ gardens) Provision of copies of supporting documents Equity Release or Buy-back arrangements Visits in respect of lease breaches Arrears letters 5.10 Service charges - the first five years If you buy under Right to Buy, Preserved Right to Buy, or Right to Acquire, you have to be told how much your service charges are likely to be in the first five years. We do this by looking at historic levels of management and repairs costs incurred on your and similar flats, and also by thinking about what we are likely to do to your home and surrounding area in this time and estimating how much it is likely to cost. Once we have estimated your repair and improvement costs for the first five years, we cannot charge you more than this, except for an allowance for inflation. If, on the other hand, we have over-estimated, we will only charge you what it actually cost. This is generally known as the five year protection period. Note: this protection does not apply to the regular service elements of your service charge which will be charged based on actual costs incurred. The five year protection period applies to repairs and improvements from the date the first buyer buys the lease. If you sell the lease within this time, the next buyer is entitled to what is left of the fiveyear protection period. There is not a new five-year protection period each time the lease is sold on Payment of service charges Ground Rent is billed annually. Service charges are billed quarterly in advance during a year based on estimated costs for the current year. Adjustments to actual costs for any year will be made within the annual statement of actual costs prepared following a year-end and incorporated in the billings for the next year, when known. Service charges must be paid within six weeks of the date of your bill. There are different ways to pay: Internet Banking: You can pay direct from your account if you use internet banking. Ask your bank for details. You will need our bank details, which are: Account Name: Housing Trust Bank Sort Code: Account Number: City South Manchester By Standing Order/Direct Debit: Just ask us for the appropriate forms. Your account will be set up for you to make regular payments. By post: You can post us a cheque made payable to City South Manchester Housing Trust to the address shown at the top of your invoice. Write your Account Number and Invoice Number on the back of the cheque. Do not send cash or stamps. In person: You can pay at the City South Manchester Housing Trust office. Please take your invoice with payment to reception at our Turing House office (see our opening times on page 1). Make cheques payable to City South Manchester Housing Trust Payment difficulties It is your obligation to pay service charges, insurance and ground rent demands promptly under the terms of the lease. If you are having difficulty paying your service charge please do not ignore the problem. Contact the Leasehold Coordinator who will attempt to assist. There are a number of options of financial assistance which may be available to you. These are: Discounts for early settlement We offer a prompt payment discount of 5% for large major repairs bills if settled within six weeks of the invoice date. (Discounts do not apply to regular quarterly service charge bills unless they incorporate significant major repairs costs). Deferred Payments We recognise that large, one-off bills arising from major works can be a struggle for individual leaseholders. We want to provide support to leaseholders in such circumstances, and will offer deferred payment terms to leaseholders suffering such large bills

10 In general, we will agree to the following payback periods, with interest chargeable for any repayment terms agreed of greater than 12 months, at our prevailing interest rate. A written agreement between you and us will be required. All defaulted arrangements (missed payments) will result in us immediately seeking to collect the full balance outstanding on the account. Level of service charge for major works < 1,000 < 5,000 > 5,000 Length of repayment period 12 months 36 months 60 months Homes and Communities Agency loan If you purchased your home under Right to Buy legislation (NOT Preserved Right to Buy or Right to Acquire) within the previous 10 years, you may have the right to request a loan from the Homes and Communities Agency towards the costs of repairs and improvements, under the Housing (Service Charge Loan) Regulations There are detailed conditions you must meet and timescales you must comply with to qualify, including: The total service charge demand in a year must be more than 2,330; The loan must be for a minimum of 780; The loan must be for a maximum of 31,000; You must apply to the Homes and Communities Agency within six weeks of the invoice date; You must accept the Homes and Communities Agency s offer within four weeks. The figures quoted above are adjusted each year in line with inflation. Repayment terms depend on the size of the loan but vary from three to 10 years, interest is chargeable at the Homes and Communities Agency s rates, and the loan will be secured against your flat. Obtaining a loan from your mortgage provider Your mortgage provider may be prepared to give you a further advance to cover recharges of improvements/major works. Your mortgage provider may also agree to extend the repayment period so that monthly payments do not increase. You should contact your mortgage provider to discuss the options available. Leaseholders are reminded that it is not only a breach of lease terms but also of your mortgage to have arrears of service charges and/or major works charges. City South Manchester as lender of last resort If the above options are not feasible, we may exceptionally consider a number of further options for people on a state pension or low income. The ability for us to provide such support for leaseholders is extremely limited and this support will only be deployed in exceptional cases. The options include: Equity release/buyback Leaseholders may be able to sell an equity share in their home to us to cover the payment of large service charge bills. The debt would be repayable on sale of the property, if not before. A charge on property We may consider taking a charge on the property for the outstanding sum. This means that the leaseholder will not make any payments towards the debt. However the debt will be secured by a charge on the property and interest will be added on a compound basis. The principle debt plus accrued interest would become payable on assignment, on the granting of a long lease, or on the death of the leaseholder. Note that debt will accumulate each year and the future sale of the property may result in a large proportion of the sales proceeds being paid to us. Administrative charges and external legal fees may apply to many of the payment options described above. Our fees, which will be chargeable to the leaseholder, are available on request If you disagree with service charges We will always try to work out your charges correctly and fairly, but if you think we have made a mistake or charged you for something you haven t had, please let us know. If you disagree with any charges listed on your bill, you can contact the Leasehold Coordinator giving details of why you disagree. We will investigate your case and let you know the results of our investigation. You have a right to ask to inspect and copy any relevant invoices, accounts or receipts within six months of the relevant bill being issued (copies may be charged). We will issue a formal breakdown of the actual spend for a financial year within six months of the end of that financial year, and you should ask us for further information, or to inspect documents, within six months of receiving this breakdown. You may still be unhappy about the amount you have been asked to pay. If this is the case, you may apply to the Leasehold Valuation Tribunal (LVT) for a decision. The LVT hears both sides of a dispute and gives a decision based on the evidence, their judgement and the experience of the LVT members. You will have to pay a fee for this service

11 Section 6 Your repairs, maintenance and improvements 6.1 Who is responsible for repairs? We are responsible for the structure of the building, communal areas, systems and installations. You, the leaseholder, are responsible for everything within your home, which is for your use and benefit. You should refer to your lease agreement for the rights and responsibilities for your individual property. However, the following information will give you a general summary of who is responsible for organising and paying for repairs and maintenance. (In cases where we are responsible, the relevant proportion of the cost will be recharged to you in due course as part of your service charge). Repairs and maintenance - summary of responsibilities Responsibility Description of repair CSM LH Exceptions External and communal External structure, foundation, brickwork 4 External doors (communal) 4 But excluding your own individual external doors External window frames, sills and fittings 4 But excluding glass Damp course proofing 4 Roofing, chimneys, guttering and down pipes 4 Excludes chimney sweeping where applicable Communal drainage and water supply pipes 4 Except pipe work that serves your home only Rain and soil pipes 4 Communal hallways, stairs, lifts and balconies 4 Communal lifts and lighting in lifts 4 Communal bin areas 4 Communal drying areas 4 Communal TV aerials and communal satellite antenna 4 Paths, steps, fences, gates and garden areas 4 Repairs and maintenance - summary of responsibilities Responsibility Description of repair CSM LH Exceptions External and communal Lighting to communal hallways and stairs 4 External lighting to the building 4 Door entry systems and closed circuit television 4 Fire precautions, alarms and extinguishers 4 External decorations (communal) 4 Internal within your flat Internal walls, ceilings and floors 4 Except common areas, or joists which are shared between two or more homes Floor boards and coverings 4 Glass in windows and doors 4 But excluding external window frames Internal decorations 4 Kitchen fixtures, fittings, units and worktops 4 Bathroom fixtures, fittings, sanitary ware 4 Electric showers 4 Cookers, fires and fire surrounds 4 Tiling 4 Internal doors (including front doors to 4 individual flats), locks, / fittings, door furniture and frames Smoke alarms 4 Unless communal 16 17

12 Repairs and maintenance - summary of responsibilities Responsibility Description of repair CSM LH Exceptions Internal within your flat Frames, architraves and skirting boards 4 Wiring and circuitry 4 Unless communal Light fittings, fixtures, sockets, bulbs and fuses 4 Unless communal Heaters and appliances 4 Central heating systems 4 Unless communal Water tanks 4 Unless communal 6.2 How to report a repair we are responsible for It is important to report repairs to us as soon as you are aware of them. We can then arrange for the repairs to be carried out limiting the amount of damage or deterioration to your home. This is particularly important for issues which may cause personal injury to you, your family or your neighbours for things like lighting on communal staircases, loose paving stones and potholes on land owned by us. To report a repair: Call us FREE free from landlines only Lines open Monday to Friday from 8am 5.30pm Emergency repairs only: 24 hours a day Send an info@citysouthmanchester.co.uk Report it in person Visit our head office at Turing House (details in section 1.1) or report it to your local Environment Officer or a Neighbourhood Services Officer. When you have requested a repair we will: Immediately order a repair or arrange an inspection to check exactly what needs doing. Agree a convenient appointment with you within our published timescales. If we need go inside your home to enable us to carry out the repair we will tell you which day we will call, and let you choose one of these time slots: 8am 10.30am; 10am 12.30pm; 12noon 2.30pm; 2pm 5pm. Send you a letter confirming the appointment, unless it s within the next two working days. Deadlines: We give the repair one of five deadlines for completion. They are: Emergencies We ll be there within three hours. There must be a very urgent threat to your health, safety or security like a major water burst, power failure, wide-open door or window space, electrical faults and heating loss between October and March. Three working days Examples: leaking or blocked pipe, lighting or power fault, broken light, loose plug sockets and switches. Five working days Examples: window frames and handles, smoke detectors. Three weeks Examples: leaking or blocked gutter, damaged roof slates. Six weeks Examples: a roof that needs overhauling. Most repairs that we are responsible for under your lease agreement will be to the exterior of the building you live in or to the communal areas. However, if an appointment has been made to access your home in order to carry out a repair, it is expected that you will keep the appointment or inform us that you will be unavailable if your plans change. If you are out when we call to carry out the repair we will leave a calling card for you to complete and return letting us know when you will be at home. 6.3 Carrying out your own repairs and servicing You are responsible for repairs in your own flat. This includes your individual external doors and the glass in your windows. You should make your own arrangements to get someone to do the repairs for you. If you, or someone you have employed, are carrying out repairs inside your flat you must make sure that no damage is done to the communal areas or to the structure of the building. You are liable for any damage caused to the building owned by us and you will have to pay to have it put right. You do not have the authority to carry out repairs in communal areas, such as landings, hallways, stairways or any other shared area. Also, you would not be covered by our insurance if you had an accident or caused damage. Work of this nature must only be carried out by us. If you, your visitors or members of your household cause damage to the building or communal areas you will have to pay for the repairs. Paying to use our repairs service We can offer our leaseholders the use of our repairs service for your repair works. You would be responsible for all of the costs if you used our repairs service

13 Gas servicing If you have a gas appliance installed in your property, whether it is for a gas fire or a full gas central heating system (not communal) you are responsible to ensure that this is fully serviced in accordance with gas safety regulations and a registered Gas Safe engineer carries out the work. We may request evidence that this work has been carried out. Faulty gas appliances, which are not regularly maintained can become dangerous and can give off carbon monoxide. This gas cannot be seen, tasted, or smelt, but it can kill. There are approximately 30 deaths a year as a result of carbon monoxide poisoning from gas appliances. For your own safety it is advisable that you do not sleep in a room containing a gas appliance. Ensuring this work is carried out reduces danger to life, limb and property from gas leaks and danger of explosion, carbon monoxide poisoning, and damage resulting from water leaks from associated pipe work. It will also increase the efficiency of the appliance and help reduce running costs. We can give leaseholders access to our own Gas Safe engineers at competitive rates. You would be responsible for all associated costs. We would like to make leaseholders aware that if you are over 60, chronically sick, disabled, deaf or hearing-impaired, blind or visually-impaired you are entitled to join your gas supplier s Priority Service Register. It is free to join and once you are a member you are entitled to, among other things, a free annual gas safety check. If you wish to find out more information on this please call Consumer Direct on , or via its website We recommend the use of carbon monoxide detectors where they are installed, tested and serviced in accordance with the manufacturer s recommendations. Carbon monoxide detectors are widely available from all good retailers. 6.4 Major repairs and improvements deciding what needs doing We have prepared an improvement programme to upgrade our homes to the Decent Homes Plus Standard to include work to windows, kitchens, heating, bathrooms, doors, thermal insulation, roofs, electrical systems, security, gardens, adaptations, fences, footpaths and boundary walls, environmental improvements, improvements to sheltered schemes and other external works. The programme is well underway. A stock condition survey will be undertaken by CSM surveyors to determine what works are required to each property. You will be notified separately as to which of the proposed works is intended to be undertaken to the building you live in and any works which directly affect your flat. Additional works In addition to the works identified above, we will be carrying out extra internal works to tenanted flats such as replacing kitchens and bathrooms. We are exploring the possibility of extending our service to include writing to you to give you the opportunity to buy into the improvement works we are undertaking at similar prices to that charged by us. Any such works would be by agreement, strictly between you the leaseholder and the Contractor Partner. When will major works be carried out? Major works will only be undertaken to blocks of flats if they are: Necessary for proper maintenance, improvement or modernisation. To maintain and preserve structural integrity and mains services. To comply with statutory requirements. Of an urgent nature to ensure the safety and well being of the building or its occupants. Considered to be reasonable. 6.5 Consultation repairs and improvements The Commonhold and Leasehold Reform Act 2002 introduced new requirements for the consultation of leaseholders. We will consult with leaseholders and seek your views before we carry out any works where the costs exceed 250 for any individual leaseholder (except in cases of emergency), or over 100 in any one year if we enter into a qualifying long term agreement for the provision of repairs and improvements services. As a minimum, you will receive: a description of the works to be undertaken; why we consider works or agreements to be necessary; an invitation, in some cases, to nominate a contractor to carry out the works; an invitation to make written observations about the proposals, which we are obliged to seriously consider and respond to; estimates of the amounts payable by yourself; confirmation of who we have appointed as contractors to carry out the works. 6.6 Carrying out your own improvements As a leaseholder you may be able to improve your home, but most improvements and alterations will require our permission (which will not be unreasonably withheld). The following information will give you a general summary of what improvements / alterations require written consent

14 Summary Guide to Improvements and Alterations Permission required Description of improvement/alteration Yes* No Comments Installing a new kitchen 4 No, if there are no alterations to existing pipe work and circuitry Installing a new bathroom 4 No, if there are no alterations to existing pipe work and circuitry Internal redecoration 4 Changing carpets and floor coverings 4 No, unless you are installing laminate flooring. Such flooring is popular, but can cause noise problems for neighbours if laid in an upstairs flat, so you need seek permission Replacing window frames 4 Replacing glass in windows 4 No, if like for like replacement Alterations to the structure or layout of the flat 4 Removing walls or chimney breasts 4 Alterations to form new or existing doorways and 4 frames (but excludes fittings and door furniture) Addition or changes to the heating system 4 Addition or changes to the electrical system 4 Addition or changes to existing pipe work 4 Including requests to install individual water meters Decoration to the outside of your home 4 Aerials or satellite antenna receivers 4 Building extensions 4 Replacement of your front door 4 Loft conversions 4 * We will be happy to offer advice and help you find the best solution To obtain our permission you should complete an application form, which is available from our office or can be downloaded from our website at detailing the work you wish to carry out. We will not unreasonably refuse permission unless there is good reason. If we do refuse, we will explain the reasons why. Proposals involving structural alterations will be scrutinised very closely. The major other factors that we will take into consideration in coming to a decision will include: insurance, fire safety, access requirements, consistency of appearance, and equity of treatment with other residents. If we grant permission you may also need to check if you need planning or building control approval before any work can be arranged and carried out. Some alterations may change the plans on your lease. If this is the case you may require a Licence to Alter for alterations for the internal parts of your flat or a Consent to Alter for any extension for the external parts. If the work results in an extension of the structure which has maintenance implications for us, permission granted may be on condition that you agree to meet future maintenance costs and costs of defects and that the works undertaken are carried out to a standard satisfactory to us. Fees will be chargeable for granting of permissions and for any legal costs incurred. You are breaking the terms of your lease if you do work without permission and this could affect the selling of your lease, if you cannot prove you have received written permission from us. If the alterations are significant, you may also need the permission of the Bank or Building Society that has lent you the money to buy your home. If you do something without permission we have the right to put things back as they were and charge you for it

15 Section 7 Buying, selling or renting out your property Buying your flat 7.1 Thinking of becoming a leaseholder? There are two ways you can buy the lease of a City South Manchester Housing Trust flat: using your Preserved Right to Buy or Right to Acquire if you are a tenant and you are already living in the flat (there are certain conditions you have to meet); buying the lease from the present leaseholder (if the flat has already been bought and is being sold again). In both cases you should get a solicitor to act for you, or at least someone who is qualified to protect your interests in buying the lease. It is important that you know what charges are owing on the property so that you can make sure they are dealt with before the sale. You may have to pay some charges owed by the previous leaseholder (unless you are the first leaseholder) if they are not cleared before the sale. If you buy the lease from the previous leaseholder you must tell us straightaway. As your landlord we have the right to know who is responsible for the flat. You have the right to mortgage your flat to a mortgage lender. 7.2 Extending your lease Most leaseholders have the right to buy an extension to the term of their lease. Extensions are usually for 90 years. The primary qualification criteria is that you must have owned your flat for the last two years. The value of the extension has to be agreed with us. If this is not possible, the Leasehold Valuation Tribunal (LVT) can be asked to determine the value 7.3 Selling your flat Can I sell my flat? You have the right to sell your lease at any time, give it away or leave it to someone in your will. The lease requires you or the new owner to notify us within one month of the change of ownership. You may also be required to repay the discount you received at the time of purchase. If you bought your flat from us or the Council on or after 18 January 2005, you must offer your property first to us or another social landlord in your area at full market value. Both parties must agree the market value. If your offer has not been accepted within eight weeks, you are free to sell your property on the open market. Repayment of discount If you received a discount when you bought your home, you will have to repay some or all the discount if you resell it within three or five years, depending when you bought it from us or the Council. If you applied to buy before 18th January 2005: If you sell in the first year, you will have to repay all of the discount. If you sell in the second year, you will have to repay 66% of the discount. If you sell in the third year, you will have to repay 33% of the discount. After the third year, you are free to sell without repaying any discount. The discount used in this calculation is the actual discount received. If you applied to buy on or after 18th January 2005: If you sell in the first year, you will have to repay all of the discount. If you sell in the second year, you will have to repay 80% of the discount. If you sell in the third year, you will have to repay 60% of the discount. If you sell in the fourth year, you will have to repay 40% of the discount. If you sell in the fifth year, you will have to repay 20% of the discount. After the fifth year, you are free to sell without repaying any discount. The discount in this case is the % discount received, and the amount to be repaid is based on the same percentage of the resale value not the amount of discount you originally received. You do not have to pay the discount if you are remortgaging the flat. If you have become the owner either through an inheritance or divorce settlement this is likely to be termed an exempt disposal, and no discount is repayable. Buy back We may in extenuating circumstances consider repurchasing your home. You must write in and give us the reasons why we should accept your application and what price you expect. Resources available to support such purchases are very limited, and any such buy backs that we agree will be in exceptional cases only. Do I need a solicitor? If you are selling your home, we advise you to use a solicitor or licensed conveyancer to make sure everything is done correctly. Unless there is a proper legal document to show that someone else is now the leaseholder, you will still be liable in law for any charges on the property. It is wise to keep all the service-charge bills, consultation papers and any correspondence concerning your home together in a safe place. Anyone wishing to buy your flat in the future may need these documents