Partners for For Improvement in Islington. Leaseholders Handbook

Transcription

1 Partners for For Improvement in Islington Leaseholders Handbook

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3 Contents Section Introduction How to contact us v ix Our mission statement 1 Our service promise 2 Your lease 3 Service charges 4 Reporting repairs 5 Anti-social behaviour, nuisance and harassment 6 Planned major works 7 Alterations and improvements to your home 8 Buying, selling and subletting your home 9 Buying the freehold or extending your lease 10 Buying extra land and loft spaces 11 Buildings insurance 12 Getting involved 13 Getting more advice 14 Useful contacts 15 Additional information 16

4 Translation This is a handbook for all leaseholders of Partners for Improvement in Islington. It contains important information about your tenancy. If you would like this document in another language or format, or if you require the services of an interpreter, please contact us on our freephone number If you would like to have a copy of this handbook in Braille, in larger print, on a tape or a CD then please contact us on Turkish Spanish Somali Greek Bengali Portuguese

5 Introduction Welcome to our Partners Leaseholders Handbook. It gives useful and essential information about your lease and living in your home. We hope you will find it helpful. What is Partners? Partners means Partners for Improvement in Islington. Partners is a group of organisations that manages housing through a type of contract called a Private Finance Initiative (PFI see below). The housing contract, established by the London Borough of Islington (the Council), aims to improve the standard of leasehold and tenanted properties it manages on behalf of the Council. Partners now manages two housing contracts for Islington Council. Our first contract started in May 2003 (Round 1) and our most recent contract started in October 2006 (Round 2). Our Round 1 contract lasts for 30 years and our Round 2 contract lasts for 16 years. v

6 Which organisations are involved in Partners? Partners is made up of different organisations, and each has a specific role in delivering the housing contracts. Hyde Housing Association provides the housing management service, including rent and service-charge collection, tenancy and leasehold management and customer services. We call Hyde Housing Association our Housing Management Team. United House is refurbishing the properties during the first five-and-a-half years of each contract. We call it our Works Team. United House Maintenance provides the gas services. We call it our Gas Team. Rydon Property Maintenance provides the day-to-day repairs service. We call it our Repairs Team. HBOS (Halifax Bank of Scotland) lends the money for the project. What is a PFI? A PFI is a Government programme aimed at releasing money from the private sector and central government to spend on council-owned property. It is an alternative to transferring ownership of the properties from the Council to other organisations (stock transfer). This means the Council still owns all the properties, but does not manage them. How it all works in Islington j Partners, a specially created organisation, enters into a contract with the Council to improve, manage and maintain the Council-owned properties for 30 or 16 years. vi

7 j Partners will bring the properties up to an agreed standard, keep them at that standard and provide management and maintenance services during the contract period. j Partners is paid a fixed fee for doing this. This fee is performancerelated, so if Partners doesn t provide the service or maintain the properties to the agreed standard, we lose money. j The Government gives the Council PFI credits towards the cost of delivering the contract. Who checks what Partners does? Homes for Islington monitors Partner s performance closely to make sure we are meeting the standards set by the Council. Homes for Islington is owned by the Council, but it operates as a separate organisation (called an arm s length management organisation, or ALMO). About this handbook This handbook will give you a general idea of your rights and responsibilities as a leaseholder, and our rights and responsibilities as the Council s managing agent. The section Our service promise sets out the service standards you can expect from Partners and what to do if you are not satisfied. This handbook covers many subjects and can only offer general information. If you have any questions that are not covered here, please contact the Leasehold Team at Partners who will be happy to help. See the section How to contact us About your lease Your lease is a complex legal document and you should not use this handbook as the only guide or interpretation of your lease, or of current law. You should not rely on the handbook in any disputes to do with your lease. In such circumstances we advise you to always seek independent and impartial advice. vii

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9 How to contact us By phone Between 8.30am and 5pm, Monday to Friday, you can contact the offices on these numbers: Freephone Switchboard Minicom For out-of-hours emergency repairs, please phone Calls to 0800 numbers are free from landlines, but charged at your network rate from mobiles. In person You can visit our offices between 8.30am and 5pm, Mondays to Fridays, at: 4 6 Colebrooke Place and Omnibus Workspaces London N1 8HZ United House North Road London N7 9DP If you wish to see a member of staff from the Leasehold Team, we advise you to ring beforehand to make an appointment. By enquiries@partnersislington.net Through our website Residents Forum forum@partnersislington.net Partners Feedback Line ix

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11 1 Section 1 Our mission statement To improve homes and provide excellent services through partnership and innovation. Our strategic aims 1 To work in partnership and innovate to provide excellent customer services 2 To improve and maintain homes 3 To manage our business efficiently and effectively 4 To develop our people Our vision To be considered excellent by our tenants and leaseholders Our values Excellence, Partnership, Innovation, Respect, Loyalty, Trust 1

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13 2 Section 2 Our service promise Whenever you deal with us, we will: be helpful and polite listen to and respect your views ask for your views on our service and use what you tell us to improve it deal with your enquiries quickly, fairly and sensitively serve all members of the community whatever their race, ethnic or national origin, sex, disability, sexuality, religion or belief, or age. If you contact us, we will: answer your call within six rings, giving our name at the office, see you quickly, and in private if you choose answer your letters within 10 working days make sure you can use our service whatever your needs. When we visit you, we will: make appointments convenient to you let you know if we can t keep the appointment or are running late leave a card if you are out and tell you how to rearrange the appointment always carry and be willing to show you identification respect your home and all reasonable customs compensate you if we fail to keep a repair appointment we have arranged with you. 1

14 2 Our service promise We will provide you with: a copy of this handbook and a welcome letter for all new leaseholders an estimated annual service-charge statement and invoice (bill) in April each year an actual service-charge statement and invoice (bill) in October for your share of costs for the previous financial year a final statement of total costs for any major works done to your building, soon after work is completed a range of ways to pay your service-charge and major-works bills, including interest-free monthly instalments for major-works bills 2

15 2 a resale pack of essential information if you want to sell your home, normally within 10 working days of receiving payment for the pack. Meeting our service standards If you feel we have not met any of our service standards, please tell us and we will investigate. If we agree that we have not delivered a service to our set standards, we will apologise and try to put things right. If you have suffered financially because we have not met a service standard, we will consider paying you compensation. We also appreciate positive comments, so if a member of staff does something particularly well, please tell us. It can make all the difference to know that we are doing well and will help us improve our service. Making a complaint If you are unhappy with our service, you can use our complaints procedure. At each stage of the procedure we will try to resolve your complaint to the best of our ability. If you are complaining about our policy, we will explain the reason for our policy. You can view our complaints policy and procedure on our website You can get a complaints form by contacting us (see How to contact us ) or you can download one from our website. If you are unhappy with our response If you are unhappy with our response, you can take your complaint to the Independent Local Government Ombudsman. The Ombudsman will only consider your complaint if you have gone through all the stages of our complaints procedure. See Useful contacts for more information. 3

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17 Section 3 Your lease 3 What is a lease? A lease is a legal agreement or contract between you and the person who owns the land and the building your home is in. The lease sets out both parties rights and responsibilities. The lease also sets out your rights and the procedures you must follow if, for example, you want to sell (assign) your lease, alter your home, or sublet it. Your lease Your lease is a type of tenancy that allows you to live in your home for a set period of time, usually 125 years, starting from when the first property in your building was sold. The set period of time is known as the lease term. If you bought your home on the open market, the seller will have transferred the rights and responsibilities to you under the lease for the rest of its term. There are a small number of properties where the council do not own the freehold of the building. In these cases the lease between you and the council is known as the underlease, but it works in almost the same way as if the Council did own the freehold. What is Partners responsible for? Your lease sets out the services Partners provides, on behalf of the Council, and how Partners can recover the cost of those services through service charges. 1

18 Your lease 3 Why you need a lease A lease will legally protect you and the Council if there is a dispute about, for example, repairs, service charges or shared areas. What if the terms of the lease are broken? Partners is responsible for ensuring the Council meets its obligations under the terms of your lease. If we have failed to do something required by your lease, please tell us and we will try to put things right. 2

19 If we think you have breached (broken) the terms of your lease agreement, we will contact you; for example, if you are behind with your servicecharge payments or have made an alteration to your home without our approval. If you do not put things right, we will take further action. As a last resort we will take legal action, which could lead to you losing your home without any financial compensation. 3 How to get a copy of your lease The Land Registry will provide you with a copy of your lease for a small fee. The Harrow Office deals with leases in Islington see Useful contacts for more details. Or you can get a copy from us for a fee of 10. Ground rent As your lease is a type of tenancy, you have to pay rent for the ground your property is built on. This is known as ground rent and is a fixed amount of 10 every year. Your rights and responsibilities As a leaseholder you have the right to live peacefully in your home. In return, you must meet the obligations of your lease. These include the following: Paying the ground rent, insurance premium and all service charges due, including your share of the costs of major repairs done to your building. Doing all repairs that are your responsibility. This includes repairing, renewing or replacing all the fittings, fixtures and services to your home. 3

20 Your lease 3 Not making any structural alterations or additions until you have our written permission. This includes moving or removing internal walls. See the section Alterations and improvements for more information. Not causing a nuisance or annoyance to your neighbors. Not harassing or causing offence to others, including Partners staff. Using your home only as a private residence. Informing Partners if you plan to transfer the lease or sublet your home. Keeping your home in good repair and condition. Allowing us into your home to do repairs to your home, or to other parts of the building, or to neighbouring properties, as long as we give you 48 hours notice in writing (except in emergencies). Allowing us into your home to do repairs to your home that are your responsibility, if you have not done them yourself within a reasonable time. We will charge you (recharge) the full cost of such work, including VAT and any administration costs. Being responsible for any water leaks and for the cost of repairing any damage caused. Not putting up a TV aerial or satellite dish outside your flat or on the building without our permission. Not displaying an estate agents board outside your home or in a window of your home. Not using your home for running a business. Not using your home for immoral or illegal purposes. You are responsible for looking after everything that is inside your home or that relates only to your home. This includes: inside walls that are not part of the main structure (e.g. dividing walls) and plasterwork ceilings and floorboards or flooring, but not ceiling or floor joists (beams) 4

21 decoration and general repairs to the inside your home doors and doorframes (including your own entrance door to your home) window glass, but not window frames toilet, sink and bath fixtures and fittings tanks, pipes, plumbing, wiring and drains supplying water, gas and electricity to only your home individual central-heating and hot-water systems and radiators individual private garden area (if you have one). 3 What property do you own? The lease plan shows the property you own, which is known as the demised premises. The plan also shows where your home is in the building and whether your property includes a private or communal garden. Usually, the space inside the roof is not included in your property, even if access to it is only through your home. The same applies to any flat roof surface on the building. Other conditions of your lease The lease also sets out various conditions for you, your family, your visitors and anyone else who lives in your home on how you and they live in and use your home. These conditions ensure that residents don t cause a nuisance to others or damage to the building. You also have other rights, such as the right to sell or sublet your home. We explain these elsewhere in the handbook. 5

22 Your lease 3 Responsibilities not covered by your lease There are other charges and services for your home that are not conditions of your lease but are still your responsibility. These include: contents insurance gas, water and electricity charges Council Tax residents parking charges garage or parking-space rent, if you rent these from the Council. Partners rights and responsibilities On behalf of the Council, we (Partners) are responsible for the main structure and exterior of the building, the shared parts and any shared services to your building. These will depend on the type of property live in, but will include: external walls and inside structural walls roof, foundations, timbers, joists (beams), chimney stacks, drains and guttering window frames common parts, including shared entrance hallways, staircases and landings boundary walls, fences and footpaths electrical and mechanical services to the building, such as entry phones and communal lighting. Partners, as agents for the Council, have the right to access your home to do inspections or repairs. We must do this at a reasonable time and give reasonable notice (48 hours notice in writing). In an emergency we may need immediate access, and if we can t contact you we may have to force entry or get a court order allowing us access (or both). 6

23 Section 4 Service charges 4 What is your service charge? Your service charge is your contribution towards the day-to-day costs of maintaining and repairing the structure, exterior and shared parts of your property. It also helps pay for things like lighting to shared areas and certain specialist services, such as pest control and grounds maintenance in communal garden areas. You service charge also covers administration and management costs. Your service charge doesn t include costs for services we only provide to tenanted homes in your building, such as internal repairs and heating services. As a leaseholder, you are responsible for these for your own home, including the upkeep of your garden, if you have one. How we share the cost of services and major works We share the cost of repairs and services to your building among all the homes in the property. According to your lease, the Council (and Partners, as managing agent for the Council) can choose any fair and reasonable way of sharing costs. At the moment, we use a points system to decide your share of service charges and major-works costs, based on the number of rooms in your home. We allocate a point each for a hall, living room, bathroom and kitchen and one extra point for each bedroom (so bedsits and studio flats would be allocated four points and a one-bedroom flat would be allocated five points). However, we do not use this system when dividing costs for window repair or maintenance. We charge you the full costs of repairing and maintaining the windows for your home only, plus a share of costs for any communal 1

24 Service charges 4 windows. Also, if you are a basement leaseholder and do not use the door-entry system, we will not charge you for any door-entry renewal or maintenance work. This will not mean that other leaseholders in the building are charged more for the door-entry system. How we work out your service charge Your Estimate Service Charge statement On 1 April or soon after each year, we will send you a statement of our Service Charge Estimate. This sets out your share of our estimated costs for the coming financial year, which runs from 1 April to 31 March. The statement will be a combination of estimated and known costs. For example, we know how much the yearly building insurance premium is, but we can t accurately predict how much communal electricity and day-to-day repairs and maintenance costs are going to be over the year coming year. When you receive your Service Charge Estimate, you can pay it over the year in instalments, monthly or every three months, by standing order. After the end of the financial year, we know how much everything has actually cost, and we then work out your share. We compare the difference between the estimated charges and the actual charges, and adjust your service-charge account accordingly. Your Actual Service Charge statement This is a statement of your share of the actual cost of services and repairs over the last financial year. We send you this six months after the end of the financial year, on 1 October or soon after. If your estimated charge for the previous year was more than the actual charge, we will put a credit on your service charge account for the difference. If the estimated charge for the previous year is less, we will ask you to pay the amount you owe us. 2

25 Explanation of the headings in your service charge statements 4 Communal Repairs The cost of day-to-day repairs and maintenance to your property, including the structure, exterior and communal areas. Communal Services The cost of communal electricity, pest control, garden maintenance and horticultural services will be deducted separately if you receive these services. Ground Rent 10 rental charge each year for the ground your building is on. Buildings Insurance Insurance cover for damage to fixtures and fittings inside your home (eg damage to your ceiling from a water leak). It also covers damage to communal areas and to the structure of your building. You are responsible for insuring your personal belongings and decorations. Management Fee The staffing costs of Partners Leasehold Team who provide leasehold services such as calculating your service charge, preparing your annual accounts, consulting and billing for major works, recovering service charges and dealing with enquiries from leaseholders who wish to alter or improve their homes. It also includes a contribution towards other staffing costs, such as the Tenancy Team s day-to-day housing management costs. These may include dealing with things like anti-social behavior problems between leaseholders and tenants, reporting communal repairs, leaseholder enquiries to Partners Repairs Team, and dealing with 3

26 Service charges 4 leasehold enquiries about grounds maintenance and pest control. It will also include the costs relating to other Partners staff involved in managing the leaseholder properties and any associated office costs. New Services Partners may, in agreement with the Council, introduce new services to the properties it manages. Before Partners introduces a new service, it must consult all the residents affected by the change. Ways to pay your service charge Most leases require leaseholders to pay their charges quarterly (every three months), or yearly in advance. With Partners you can pay: by cheque, yearly or quarterly by bank transfer direct into your service-charge account, yearly or quarterly online by bank transfer direct into your service-charge account, yearly or quarterly monthly by standing order monthly by swipe card payments at your local bank, post office, or payment outlet (swipe cards are available on request from your Leasehold Officer) over the phone using you debit card. Unfortunately we are unable to accept credit card payments. We will provide up-to-date details of payment options when we send you your estimated and actual yearly statements. 4

27 Partners will take action against leaseholders who are late paying their charges. Action will range from: adding interest onto late payments seeking a Money Judgment in the court taking legal action that may result in you losing the lease of your home (as a last resort). 4 If you have difficulty paying your service charge If you are having difficulty paying your service charge bills, you should contact the Leasehold Team at Partners as soon as possible see How to contact us. If you have service-charge arrears, you will be breaking the terms of your lease and we could take legal action. This could lead to you paying extra interest plus any legal charges, or, in extreme cases, even losing your home. We will always try to take into account your circumstances and do everything we can to keep you in your home. We will consider legal action only when we have tried everything else. Service charges for major repairs Please see the section Refurbishment and major works. 5

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29 Section 5 Reporting repairs Partners repair responsibilities 5 Partners is responsible for repairing and maintaining the main structure of the building and the common areas, and for providing services, including: all structural walls, roofs, window frames, foundations, shared drains and external decorations communal services to the block, such as entry-phones and communal lighting all internal and external communal areas of the building, such as internal decorations to communal areas and repairs to fences, footpaths and boundary walls. Your repair responsibilities Under the terms of your lease, you are responsible for repairing and maintaining: internal non-structural walls, floors and ceilings internal decorations kitchen units, sanitary ware (toilets, sinks and baths) and other fixtures and fittings heating systems, flues, plumbing and electrics that serve only your property. 1

30 Reporting repairs 5 Reporting repairs To report a repair or maintenance problem for which Partners is responsible, you should contact the Customer Service Team: by phone (from 8.30am to 5pm) in person at either of our offices online (see below). (See How to contact us for details.) When reporting repairs, please give us as much information as possible, including your contact details and how the repair can be accessed, if needed. Reporting repairs online: You can now report repairs for communal or external areas online via Partners website: How quickly we will complete a repair We give every repair we order a priority code, which tells you the longest time it should take to complete the repair. The times for each repair type are: Emergency repairs within 24 hours An emergency repair is a repair that if left could endanger the health and safety of you or anyone living in your home, for example dangerous wiring in a communal hallway or a serious roof leak. Please do not report these type of repairs online. Urgent repairs up to 7 working days An urgent repair is a repair that is necessary to allow you to live in your home in comfort, such as a repair to prevent a roof leak. Routine repairs 25 to 28 working days We will treat all other repairs as routine. Repairs to fences, walls and general maintenance needed to communal areas would be classed as routine. 2

31 Reporting emergency repairs out of office hours After 5pm all emergency repairs go though to our emergency call-out centre, run by First Point. First Point will take details of the emergency repair and then ask one of our appointed contractors to do what is needed to make the property safe. All other repair work needed after the property has been made safe will be dealt with within the usual timescales, listed above. Emergency repairs (after 5pm). 5 Water leaks into another property If water leaks from your home into a neighbouring leasehold home, you will be responsible for dealing with the leak and any damage caused. This will mean getting someone to repair the leak, and claiming on your own insurance for the costs. If water leaks from your home into a neighbouring tenanted home, Partners Repair Team will do any repair work needed to the tenanted home, but may bill you for the costs of the work needed to put right the damage caused. If we become aware of an ongoing leak from a leasehold property, we will try to contact the leaseholder and let them know what repair work needs to be done. If the leaseholder does not do the necessary work to stop the leak, we will write to them asking them to do the repair within a certain time. If the work is still not done, we will get an injunction (court order) to enter and do the work ourselves. We will only do this as a last resort, but the leaseholder would have to pay the full costs (including VAT) of stopping the leak, plus any legal and administration expenses. 3

32 Reporting repairs 5 Emergency leaks In an emergency when there is a serious leak, Partners may have to force entry to a home if we cannot contact the leaseholder. This would arise if the building and the homes below the source of the leak are being badly damaged. Partners will try to stop the leak and do any emergency repairs necessary. Partners will inform the leaseholder of what has happened and what repair work they will need to do. 4

33 Section 6 Anti-social behaviour, nuisance and harassment The term anti-social behaviour includes all behaviour that causes annoyance, nuisance or disturbance to people s quality of life. Your responsibilities as a leaseholder 6 You are responsible for the behaviour of everyone living in or visiting your property, including children and sub-tenants. You are responsible for their behaviour in the property, in shared areas and around the property. All the properties we manage are in traditional houses, which have often been converted into several flats or maisonettes. This means you will be living close to your neighbours and sharing some areas of the property. Many of the things you do may affect your neighbours. We take all complaints about anti-social behaviour seriously. If you report anti-social behaviour to us, we will: take full details from you of what has happened arrange an interpreter if you need one investigate by telling the other party about your report (we will not mention your name) consider the most appropriate action, after we have fully investigated contact any other agencies that may be able to help resolve the situation support and advise you throughout take action whenever we feel it is in our power to do so work with the Police and other agencies when we need to. 1

34 Anti-social behaviour, nuisance and harassment 6 What is harassment? Harassment is behaviour aimed to cause distress to an individual or group of people. Harassment can take many forms and may happen for many reasons. The most well-known type of harassment is based in a person s race, but it can be based on age, disability or sexuality. We believe you have the right to live in your home without harassment, violence, or the threat of violence. We take very seriously any report of harassment and investigate thoroughly. We work closely with you, and possibly the Police, to solve the problem. What can you do if you are suffering harassment? Contact the Police and Partners. Keep a record of all incidents, noting the date, time, place, what happened, who was involved and the names of any witnesses. Record and try to photograph any damage to your belongings (such as graffiti or vandalism). If you are hurt, go to your doctor or the nearest accident and emergency department. They will treat you, and record your injuries and treatment. This can be valuable evidence if you take your attacker to court. What can we do? When you report harassment to us, we will investigate it. We will record all the details and give you the name of someone to contact if there is another incident. We will arrange an interpreter if you need one. 2

35 We will take suitable action, which may include: doing any repairs and removing graffiti helping to make your home safe moving you to another home taking action against the person harassing you, or starting eviction proceedings. We will agree with you what we will do and confirm this in writing. We will also let you know how your case is progressing. 6 What can the Police do? If you want to involve the Police, in an emergency call 999. Otherwise, contact your local Safer Neighbourhoods Team. The Police can take action against anyone who has: physically attacked you deliberately damaged your property threatened or verbally abused you tried to cause racial hatred, for example by handing out racist leaflets. The Police will take details of any incident, whoever reports it. They will investigate and interview witnesses. If there is enough evidence and they know who is harassing you, the Police will prosecute them, if you wish. If the incident is one of a series of attacks against you, the Police may be able to arrange support for you. Nuisance and noise Nuisance, including noise nuisance, is an unwelcome feature of modern life. The person causing the nuisance may be unaware of the problems they are causing. 3

36 Anti-social behaviour, nuisance and harassment 6 In a building, sound travels very easily from one home to another. Please be aware of this and try to minimise noise from your home. Here is some general advice about avoiding noise nuisance: Don t lay laminate flooring in your home if you live in a flat or maisonette. Hard flooring increases noise from your home, so the noise from general living may be loud enough to disturb your neighbours. Don t play loud music late at night or early in the morning. Be considerate at all other times. Don t let your visitors make a lot of noise when they are leaving your property, particularly late at night or early in the morning. Don t use your washing machine or vacuum cleaner early in the morning or late at night. Tell your neighbours if you are planning a party, and be reasonable about how long it lasts. If your neighbours say you are making too much noise, listen to their complaints and respond in a reasonable way. If you are suffering nuisance If you are suffering nuisance, try to resolve the matter yourself first by talking to the person responsible. If this doesn t solve the problem, or you don t feel able to talk to the person responsible, contact Partners Leasehold Team for help and advice. We may ask you to write or us with all the details. We will only act in a dispute between neighbors if there is a clear breach of the tenancy or lease conditions. If this is the case, we can seek a court order to repossess the offending resident s property. In serious cases, this could result in the tenant or leaseholder losing their home. To succeed in any legal action, we must prove that: the nuisance exists and is likely to continue, and the nuisance is serious enough to justify eviction or forfeiture proceedings (a leaseholder losing their lease). 4

37 If we are taking legal action on your behalf, you may need to appear in court or to make a statement, so make sure you keep a note of the times, dates and type of any nuisance. In cases of excessive and ongoing noise or pollution, the Council s Environmental Health Department can take action. They have the power to deal with noise, poorly kept animals, accumulated rubbish, smoke, fumes and gases coming from a building, dust, steam and smells from industry. Keeping the communal hallways clean and tidy If you share hallways, you must arrange with your neighbours to keep them clean, including any windows. If you have recently moved in, ask your neighbours what arrangements are already in place. If windows are so dirty that they endanger health or safety, we can arrange a one-off clean. You must not keep any of your personal belongings in a communal hallway they may be dangerous or block the escape route if there is a fire. We will ask you to remove any belongings you have left in the hallway and if you do not, we will dispose of them. 6 Gardens Many of the properties we manage have communal gardens. In most cases, residents have come to an arrangement about who maintains the garden. It is your responsibility as a leaseholder to ensure that you maintain your own garden and do not allow it to become overgrown. If you have an overgrown tree in your communal garden that needs pruning, contact Partners and we will arrange for the Council s sub-contractors, Greenspace, to do the work. Please also report any plants and bushes that are growing out of control and affecting the property i.e Japanese Knotweed. 5

38 Anti-social behaviour, nuisance and harassment 6 Disposing of rubbish Make sure you put all your household rubbish in securely tied bags before putting them in the dustbin or refuse store, if you have one. If you don t have a refuse store, keep your bags of rubbish in a place where they won t block your neighbours way or annoy them. If you have your own dustbin, put it in front of your home on collection day. If you share bins with your neighbours, agree with them who will be responsible for putting them out on collection day. If you don t have a dustbin, leave your bags of rubbish in the correct place to be collected on the right day of the week. Don t put rubbish out onto the street before collection day. If you have large items to dispose of, for example large pieces of furniture, you can arrange for the Council to remove them. For bulk rubbish removal see the contact details in the useful contacts section. 6

39 Section 7 Planned major works What are planned major works? These are large renewal, repair and maintenance jobs we do to your building that we can plan for in advance. This may include work to external brickwork, the roof, communal windows and internal decorations. Under the terms of your lease, you must contribute towards the cost of this work as a service charge. However, you pay for it in a different way to your normal yearly service charge. We explain this later in this section. 7 Consulting you about major works On 31 October 2003, the regulations about consulting leaseholders about major works changed. The new regulations are quite complicated but the main points are: We now have to consult you if the cost of qualifying work to any leaseholder is more than 250. Qualifying work is repairs, maintenance, renewal or improvement work to your building. We have to follow certain procedures for consulting you if the Council has entered into what is called a qualifying long-term agreement with a contractor, such as the PFI contract Partners manages. Because the Council entered into the PFI contract with Partners before 31st October 2003, we must follow the consultation procedure stated in Schedule 3 to the Service Charges (Consultation Requirements) (England) Regulations The same rules also apply to our Round 2 contract, since the regulations also cover contracts that were advertised in the Official Journal of the European Communities before 31 October

40 Planned major works 7 How we consult you before starting major works If Islington Council had chosen Partners after 31 October 2003 to refurbish its properties, leaseholders would have been able to suggest a contractor of their choice to do the work to their building. Unfortunately, you will not be able to do this, but you will have the opportunity before work starts to comment on the proposed work or the likely cost (or both). Before the work starts, we will send a document called a Schedule 3 Consultation Notice to each leaseholder and any recognised tenants association. This document will: describe the work to be done state why the work is necessary contain a statement of the estimated total costs of the proposed work (Our statements also provide the leaseholder with an individual estimate of their own likely charge) invite written comments on the proposed work or the estimated costs (or both) during a 30-day consultation period. Partners must take into account any comments it receives about the work, and respond in writing with 21 days of receiving them. Consulting you further As well as following the legal requirement for consulting you, we also give you another more detailed estimate after the scaffolding has been put up. You will receive this estimate when the works are nearing completion or have just recently finished. It is only once you have received this second estimate that you will have to start paying for the work. Also, once the scaffolding is in place, you will have the opportunity to meet one of our Works Team at your home to discuss your estimate and the work we are doing, if you wish. You will usually receive your second estimate just after the work is completed. 2

41 Maximum charges for work to your building Under the PFI contract, the most we can ask you to contribute towards the cost of work to your building, including major works and any day-to-day repair and maintenance, is 10,000 in any five-year period. This is known as a Mandatory 10,000 Cap. If your major-works bill is more than 10,000, the mandatory cap will be applied for the next five years. This means you will not have to contribute towards the costs of any more major works or day-to-day repairs in that five-year period. Bringing our properties up to standard One of the reasons the Council decided to establish a PFI contract was to ensure Council-owned properties would be brought up to a good standard of repair. The council has set a standard of maintenance called the Availability Standard, which all its properties must reach. On behalf of the Council, we must bring all properties up to this standard through our works programme. The amount and type of work for each property will depend on its current condition. Some properties may need little work other will need major works. For all leasehold properties, we need to keep the structure, exterior and any communal areas in good repair. To reach this standard, we have extensive programmes of maintenance and refurbishment works for all properties. For properties under the Round-1 contract, the programmes of work run from April 2003 to. For properties under the Round-2 contract, the programmes run from 2006 to After the works have finished on each round, we will do periodic work to ensure we maintain all properties to the Availability Standard. 7 3

42 Planned major works For all buildings we will: bring the structure and exterior of the building up to standard (roofs, brickwork, pointing and rendering) decorate the outside and any shared hallways repair and replace windows, if needed damp-proof any properties that need this repair communal doors, boundary walls and footpaths where needed. 7 Paying your contribution towards major works Under the terms of your lease, you must pay your share of the cost of major works, in full, within 14 days of the work completing. Because major-works costs are usually high, most leaseholders would be unable to pay within 14 days. So we have arranged various payment options to help you manage your major-works bill, and to help leaseholders who are struggling financially. Payment options are listed on the notice we send you about the work that will be done (called a Schedule 3 Notice). The current options are: 1 Pay in full when you receive your second estimate, which will be sent when the works are nearly finished or recently completed. If you pay in full at this stage, we will reduce your final service-charge account bill (when issued) by 2.5%. 2 Pay in full within 14 days of receiving your Final Statement of Total Expenditure when the works are complete. If you pay in full at this stage, you will also receive a 2.5% discount. 3 Pay over 12 or 24 months by monthly standing order, starting from the date we send you your second estimate and bill. 4 Pay over five years, with interest being charged from year three. 4

43 5 If you are a Right-to-Buy leaseholder and you are still within the first five years of your lease, we can only charge you the amount stated on your Offer Notice, plus inflation costs (if applicable). If the amount stated on your Offer Notice is a lot less than the cost of the work, we may have to reduce the payment period to 12 months, but we will not do this if you are a pensioner or you are in financial difficulties. Please contact the Leasehold Services Team if you wish to discuss payment options or need more information see How to contact us. Frequently asked questions about refurbishment work We have a list of frequently asked questions about major works on our website: The list has been compiled with help from the Leasehold Focus Group and residents who have already had work done to their homes. 7 5

44 Planned major works 7 6

45 Section 8 Alterations and improvements to your home Getting permission Under the terms of your lease, you need to get our written permission before making any structural alterations or additions to your home. Examples of work you need permission for include: replacing your windows building an extension or conservatory altering the internal layout of your home converting a loft. 8 You need to get our permission for any work that will alter the structure or layout of your home, even if the work will not affect the main structure of the property, such as removing an inside wall. Once we have received details of what you want to do, we will decide whether or not to give permission. If we give permission, for all structural and some other complex building work you will also need a legal document called a Licence to Alter to be prepared and signed before work can start. In some cases, you may also need a Deed of Variation. 1

46 Alterations and improvements to your home When you need a Licence to Alter Changing the structure or layout of your home For all structural work, such as building an extension, converting a loft or renewing windows. If you intend to alter the internal layout of your home. This would include removing any structural walls; also if you want to block up an opening or create a new one. You may need one to remove a nonstructural inside wall. If you intend to remove any wall in your home, you must first inform us and we may ask you to send us your structural engineer s report. 8 Changing in the use of a room The Council does not normally allow residents to change the use of a room, for example using a bedroom as a living room. This is because most flats have a similar layout; bedrooms are above bedrooms and living rooms are above living rooms, which helps minimise noise nuisance. Having a living room above a bedroom may create a noise nuisance for neighbours. However, the use of a room may be changed if: 1 it can be proved that there is a complimentary layout in the flat below 2 the proposed work is in a maisonette and the proposed change is on the second floor so will only affect the maisonette. When you do not need a Licence to Alter You do not need a Licence to Alter for general internal decoration, renewal or replacement work. But you will need our written permission for work that may create a nuisance to neighbours, such as replacing existing flooring with wood, stone or ceramic tiles, which can create a noise nuisance. 2

47 What is a Deed of Variation? A Deed of Variation is required when you intend to build an extension, install new windows, or putting in Velux windows in the loft. The Deed of Variation makes you responsible for all future repair, renewal and maintenance work. When you do not need our permission but you still need to notify us before starting the work Please let us know about: internal rewiring to your home new heating systems new plumbing and tanks new kitchens or bathrooms installing an air conditioning/ventilation system. 8 Before starting this kind of work, we advise you to contact the Leasehold Team, who need to ensure the work will not affect other homes in the building or any communal systems or services. 3

48 Alterations and improvements to your home Doing work without the required permissions If you do work without getting the required permissions, you will be breaking the conditions of your lease. You may also be breaking Planning and Building Control regulations. If this happens, we or the Council may: order you to return your home to the condition it was in before you did the work, or take court action against you. You would have to pay all the legal and building costs involved. 8 Other permissions you may need to apply for As well as getting our permission, you may also need to get planning permission from the Council, who is the local planning authority. You may also need approval from Building Control, including a Building Notice. See Useful contacts for details. Before applying for our permission, we recommend you contact the Council s Planning Department and Building Control, because getting their permission can take much longer. If you wish, you can apply for permission from us, the Planning Department and Building Control at the same time. When we cannot process your application for permission We cannot process an application for permission if you owe service charges. If this applies to you, you will need to contact the Leasehold Team to discuss clearing your arrears first. 4

49 Extensions, conservatories and lofts If you want to build an extension, put up a conservatory or convert a loft space, you need to check that you own the space you want to alter. For example, if the garden is shared, you will not be allowed to build an extension over it. The loft is not usually included in the ownership of an individual flat, even if it seems that only you have access to it. In this case, you would need to ask us if you can buy the loft space. If you are unsure whether you own the space you want to alter, your lease plans will show exactly what you own. If you don t have a copy of your lease, contact the Leasehold Team who will provide a copy for a small fee (currently 10). Or you can contact the Land Registry see Useful contacts for details. The stages of getting permission to alter your home 8 Stage 1 If you want to alter your property, you should write first to the Leasehold Team and give us as much information as possible about what you intend to do. The Leasehold Team will do some initial checks and let you know whether your proposed alterations are in line with the Council s alteration policies. Stage 2 Your application will then be passed to our Asset Manager, who may contact you to visit your property. Our Asset Manager will report to us with recommendations about your application. 5

50 Alterations and improvements to your home Stage 3 If we are happy for you to continue, we will notify you and ask you to send us a payment for the Council s legal fees of preparing your Licence to Alter (currently 350) and Deed of Variation ( 350 if applicable). See below for more about fees. Stage 4 The Council s Legal Department will contact you or your solicitor (or both) and draw up your Licence to Alter or Deed of Variation. The Licence to Alter will give you permission to do the proposed work and will state any conditions for the building work and future maintenance. 8 Once we have received your fee payment, we will instruct Islington s Legal Services to issue the Licence to Alter (and Deed of Variation if applicable), allowing you to do the proposed work. You should not do any work until you have received your licence. Stage 5 Once the work has been completed, you should contact the Leasehold Team who may arrange for one of our Asset Managers to inspect the work. If they are satisfied with the work, they will write to let you know. If they are unhappy with the work, they will let you know what needs to be put right. The fee for this inspection is currently