Leaseholder Handbook. w w w. b e r n e s l a i h o m e s. c o. u k

Transcription

1 Leaseholder Handbook

2 This leaflet gives you information about your duties and responsibilities as a leaseholder and tells you what service you can expect to receive from our leasehold management team. As part of our leasehold service we will: send an annual ground rent demand; let you know how service charges are worked out; offer you a wide range of ways to pay; give you help and advice if you are struggling to pay your service charge on time; let you know about any repairs that are ordered for communal areas each year; work with you to make sure that any improvement work being done is carried out efficiently and with as little disruption as possible; make sure that all estate services are delivered appropriately and that any works that are not to standard are put right by the contractor; hold a leaseholders meeting every year; arrange to meet leaseholders, individually or in groups, if requested, to answer questions about the service charge accounts and to make sure the accounts are understood; and let you know if there are changes in the law that will affect your rights and responsibilities. What is a leaseholder? Your flat is leasehold and will have been sold to you on a long lease. Leasehold flats can be in purpose-built blocks, in converted houses or above commercial or retail premises. All council owned flats in the Barnsley borough are in purpose-built blocks; so all the leaseholders who live in the flats managed by Berneslai Homes live in purpose-built flats. When you bought your flat or maisonette, you bought the right to live in the property for a fixed number of years. This is usually for 125 years, and the flat can be bought and sold during that time. Barnsley Metropolitan Borough Council (BMBC) keeps the freehold interest, is the landlord of the property and has a legal duty to enforce any responsibility listed in the lease. BMBC also has to make sure that the building the flat is in and any shared areas and grounds are maintained and repaired and that utility services are delivered to the building. As a leaseholder, you are responsible for looking after your home by keeping it in good repair and condition and maintaining any garden area that is included within your lease. The ownership of the flat usually relates to everything within the four walls of the flat, including floor boards and plaster to the walls and ceilings, but does not usually include the outside or structural walls. The structure of the building and the land it stands on are owned by the landlord. Your landlord is BMBC, but if you have any enquiries about the repair or maintenance of the building, you should contact the managing agent, Berneslai Homes. You can ring the Repairs Hotline on , to report repairs to communal areas or for any emergency repairs. You should always tell the operator that you are a leaseholder when reporting repairs. (See Contact us on page 21 for more details.) 1

3 A leaseholder s rights and responsibilities A lease is a contract between you, as the leaseholder, and the landlord. It sets out the responsibilities of the leaseholder and the landlord, explaining in detail what you must do, and what the landlord must do. A leaseholder s rights As a leaseholder, you have the right to live in peaceful surroundings for the length of your lease. If there are any problems with anti-social behaviour, such as noise nuisance or harassment, then you should report this to Berneslai Homes. You also have the right to expect us to maintain and repair the building and manage the communal areas. Communal or shared areas are parts of the building or grounds that are not granted to leaseholders in the lease, but that leaseholders have rights of access to, such as the entrance hall and staircases. A leaseholder s responsibilities Your responsibilities include the payment of the ground rent and paying a share of the costs for maintaining and managing the building (service charges). You are also responsible for the parts of the dwelling that are not classed as communal or shared areas. These include: individual heating systems and appliances; internal ceilings; internal doors; all plaster and other surfaces to all floors, walls and ceilings within your home; all plumbing and electrical services in your home; internal decorations; a garden that is for your use only; door fixtures and fittings; and glass in the windows. This list does not cover everything; please look at your individual lease agreement for a full list. The lease also places certain conditions on the use and occupancy of the flat. You must keep the inside of the flat in good condition. You must behave in a neighbourly manner. You must get the landlord s permission for any changes you want to make. These could be structural alterations, such as removing a wall or fitting a new kitchen. You must get the landlord s permission if you want to sub-let the flat. If you do sub-let, you should give us details of the person you are sub-letting to, including a copy of the tenancy agreement between you and your tenant, as well as a contact address in the UK for yourself. Service Charges The rights of leaseholders and the duties of their landlords in relation to service charges are covered in the following pieces of legislation. The Landlord and Tenant Act 1985, (and extended by) The Landlord and Tenant Act The Leasehold Reform, Housing and Urban Development Act The Housing Act The Commonhold and Leasehold Reform Act

4 The Landlord and Tenant Act 1985 (section 18) describes what a service charge is: An amount payable by a relevant tenant of a dwelling as a part of, or in addition to, rent; which is payable, directly or indirectly, for services, repairs maintenance, improvements or insurance or the landlord s cost of management; and the whole or part of which varies or may vary according to the relevant costs. As managing agent for the landlord, we have a duty to maintain all blocks of flats and their communal areas to a good standard. If money is not spent on maintenance of the flats, they could deteriorate and fall into disrepair, which could result in a less pleasant place to live. Part of the money spent has to be recharged to leaseholders. We understand that some leaseholders would prefer that money was not spent, but we would not be meeting our responsibilities as managing agent and as a result the investment you have made in your home could suffer. What do service charges pay for? Service charges can be different, depending on the building you live in and you should check your lease agreement for details, but usually you have to pay a service charge that can cover things like: services; management; and building insurance. Services Services can be different for the various types of flats in Barnsley, but they can include: communal electricity supply; grounds maintenance; communal TV aerial; lift maintenance; communal cleaning; and communal window cleaning. The payment you make towards these costs is based on the amount we are charged by the contractor and the number of properties in the block. Berneslai Homes have a responsibility to provide you with a full account of all costs charged for services provided, each year. The statement will be sent to you no later than 30th September each year. If any major works are being planned for the building you live in, you will be asked for your comments before work begins. For more details, go to Major works and consultation in this leaflet, on page 5. Management A part of the cost of supplying the leasehold management service, as detailed in your lease. This includes the cost of putting the service charge accounts together and providing the service charge statements. 3

5 Buildings insurance The lease agreement says that the landlord must make sure that each block has insurance cover to allow for any replacement or repair needed if there was any loss or damage caused by fire, lightning or explosion. Berneslai Homes arranges this insurance on behalf of the landlord and it is supplied to all leaseholders under a block policy. You should check your lease to see if you have a responsibility to pay a share of the insurance costs. We have a special scheme offering low cost pay-as-you-go home contents insurance to all leaseholders. You can get more information from the leasehold team. How are service charges worked out? The service charge is worked out so that every leaseholder only pays their share of the costs of management, maintenance, buildings insurance and the services that we provide. All of these costs are divided fairly according to the number of flats within a block. When are service charges paid? Within six months of the end of the financial year, a statement telling you the actual costs must be sent out. Most leases say payment is due on demand. The accounts are recorded and checked by auditors. The bill will include all service and other charges related to your flat for the 12 months from the 1st April each year. Ground rent is payable on the anniversary of granting the lease. It is your responsibility to let us know if you put the property on the market. If you sell your flat, your responsibility for any unpaid charges will pass to the new leaseholder. Administration fees Sometimes, Berneslai Homes will have to write to a leaseholder who is in arrears, or give information to a solicitor acting on behalf of a leaseholder who is selling or buying their property. We charge an administration fee for any work like this. You can find out how much we charge by contacting the leasehold team. Repairs and maintenance As managing agent for the landlord, we have a duty to repair and maintain the structure of the block in which leasehold flats are situated. We are responsible for things like: roofs and chimneys; rainwater goods (guttering) and soil pipes; foundations; external brickwork; communal pathways; drains within the boundary of the property; fencing; lifts and door entry systems; and communal lighting. This kind of work can be classed as either routine repairs or major works and improvements. 4

6 Routine repairs This kind of repair is usually carried out when a tenant or leaseholder has asked for it, or a member of staff has reported it after an inspection of the block. This could include work such as: cleaning out gutters; replacing roof tiles; and re-pointing brickwork. The cost of these repairs is shared out equally between all of the flats in the block where the work has been done, and is paid as part of the service charge. When the yearly account is sent out, you can ask us to give you a summary of all the repairs that leaseholders within a block have been asked to pay towards. Major Works and consultation The Commonhold and Leasehold Reform Act 2002 is a piece of legislation that says landlords and their agents must consult with leaseholders and recognised tenants associations before any major works or improvements are carried out. This is sometimes called section 20 consultation, and must take place if a leaseholder s share of the costs of any major work is going to be 250 or more. We must also consult you about some long-term agreements, or contracts lasting more than 12 months, where the cost to you will be more than 100 a year. How will we consult you? We will consult you as an individual leaseholder, or through your association, if you are a member of a recognised tenants association. There are different ways to consult for different kinds of work. Consulting you about major works When we are planning any major works, we will: send you a notice of intention, which will tell you what work is planned or where you can see a description of the work; explain why the work is needed and ask you to give us any written comments within 30 days; and ask if there is a particular contractor you think we should ask for an estimate. We will consider any comments that are sent in and try to get estimates from one, or in some cases two, of the contractors suggested by leaseholders. We will then send a second written notice, called a Section 20 Notice, which will: tell you the estimated cost from at least two of the contractors; give you a summary of the comments we received and our responses to them; tell you where you can see copies of all the estimates; and ask you to send comments on the estimates within 30 days. We will consider any comments and then award the contract. We will write to you again within 21 days to tell you: who will be doing the work; why we have chosen them; and about any comments that were received and our responses to them. If the chosen contractor has been suggested by a leaseholder, or has sent in the lowest estimate, we do not have to write to you again. 5

7 Consulting you about long-term agreements If we want to enter into a long-term agreement with a contractor, to supply works or services, and the cost to you will be more than 100 during the year, we must consult you. Long-term agreements or contracts lasting more than 12 months might include maintaining: lifts; door entry systems; and fire safety equipment. We will send a notice of intention to all leaseholders and any recognised tenants associations, which will: tell you what work is planned or services are to be provided; tell you where you can see a description of them; tell you why the agreement is needed; ask you to give us any written comments within 30 days; and ask if there is a particular contractor you think we should ask for an estimate. When our proposal is ready, we will send a copy to all leaseholders and ask for any written comments within 30 days. We will consider any comments made and then award the contract to the chosen contractor. We will write to you again within 21 days to tell you: who will be doing the work; why we have chosen them; and about any comments that were received and our responses to them. If the chosen contractor has sent in the lowest estimate, we do not have to write to you again. If there is a lot of information, which would be costly to send out, we may let you know where you can look at this information instead. Consulting you about major work under long-term agreements If we need to carry out work using a contractor that we have a long-term agreement with, we will consult you in a different way than we would if we had to consider estimates. If the work will cost more than 250 to each leaseholder in the building, we will send out a notice of intention, which will: tell you what work is planned; tell you where you can see a description of the work; tell you why the work is needed; ask you to give us any written comments within 30 days; and give you an estimate of the total cost. We will consider any comments received and send a reply to anyone who writes in. Payment for major work When the works are completed and have been inspected, and the contractor has been paid, a bill will be sent to each leaseholder for their share of the cost. Urgent work The Leasehold Valuation Tribunal can allow work to be carried out, without us consulting you, if they think it is reasonable not to follow the usual procedures. This could be for very urgent work needed to protect health and safety. 6

8 Repairs and Maintenance Summary of responsibilities Description of Repair Berneslai Homes Home Owner Exceptions External and communal External structure, foundation, brickwork Communal Doors, fixtures and fittings Damp course proofing Roofing, chimneys, guttering and down pipes Drainage and water supply pipes Rain Water Foul Drainage external to flat Lifts Communal Hallways, Passages and Landings to the scheme Car Park, Pathway, Communal Bin areas, communal drying area Paths, steps, fences, gates and garden areas Lighting Intercom, Emergency Call System (Warden Call), Closed Circuit Television Signs to scheme Fire Alarm, Emergency Lighting External Decorations (communal) Internal within your flat Internal walls, ceilings and floors Floor surfaces, screed, floor coverings Glass in windows and doors Internal decorations Kitchen fixtures, fittings, units and worktops Bathroom fixtures, fittings, sanitary ware, blocked wc Water, gas, electrical equipment Electric showers Cookers, fires and fire surrounds Tiling Entrance doors, frames (including front doors to individual flats), locks, handles, letterboxes Smoke Alarms Light fittings, fixtures, sockets, bulbs and fuses Heating system, hot water cylinder, storage heaters Internal drainage, pipes, wires and cables Frames, architraves and skirting boards Insurance - Building Insurance - Contents Included in service charge Except common areas, or joists which are shared between two or more properties. See individual lease Unless communal Unless communal Except pipe-work within your flat Except where permission is granted to erect own fences 7

9 Section 125 Notice If you bought your flat from the council through the Right to Buy scheme, you will have received an important document called a Section 125. This notice gives you the following information. A description of the property for which you have a Right to Buy. The price the landlord thinks you should pay for the property. An estimate of the service charges and costs of major repairs or improvements that will be carried out during the first five years of your lease, that you will have to pay. A description of any structural defects that the landlord knows about. The terms and conditions that your landlord thinks should be attached to the sale. Changes to the lease A lease can be changed or altered if the conditions in it do not fully cover for things like the repair and maintenance of the building. If all the leaseholders in a building agree, certain conditions in the lease can be changed. All leases will need to be changed in the same way and at the same time. Taking this action is very complicated and will result in costs for legal and administration work, which is payable by each leaseholder. If you do not keep to the conditions of your lease, Berneslai Homes can take legal action, which could end with you losing your home. The Section 125 Notice is not a binding document, but is intended to help new leaseholders plan for the costs they are likely to have to pay once they have bought their flat. By letting you know about any planned major works that may be carried out in the first five years of your lease, and how much this may cost, you are protected against any unexpected major works charges. For that five year period, Berneslai Homes, on behalf of the Council, is not able to charge you more than the amount shown in the Section 125 Notice, apart from an allowance for inflation. The Section 125 Notice only applies to the council tenant who buys their flat and becomes a leaseholder. It does not apply to anyone who buys the lease within the five year notice period. 8

10 Making a payment Once you have bought your flat, it is your responsibility to pay the service charges, as well as a share of the costs of any major works carried out. When you receive an invoice, you can pay it in full, or you can ask to pay in instalments. Payment for major works is usually made in instalments over a longer period of time. We will tell you about payment arrangements during the consultation period. How to pay There are several ways you can pay: Direct debit The most convenient way to pay. To set up a direct debit, phone the leasehold team on Make sure you have your bank account details when you phone, or you can ask us to send you a form. Standing order and internet banking You can ask your bank or building society to make payments from your account direct to us. You need to give Berneslai Homes sort code and account number If you pay this way, it is up to you to let your bank or building society know every time there is a change in the amount of service charges you have to pay. Pay online You can pay by debit card by visiting our website at You will need your payment reference number. This service is available seven days a week, 24 hours a day. We do not accept credit card payments. By phone You can pay your service charge over the phone, seven days a week, 24 hours a day by calling the automated phone service on and choosing option three. What if you are finding it difficult to pay an invoice? If you have any problems paying your service charges, get in touch with the leasehold team straightaway. You have a responsibility to pay these costs, but Berneslai Homes can try to help you plan how you will pay. The leasehold team can give help and advice and arrange for: an assessment of your financial situation; agreement of a reasonable payment plan; and which payment option will be best for you. Some leaseholders may be able to get a loan to pay for service charges and major repairs bills. Phone the leasehold team on for more information. What if you don t pay or refuse to pay? Your lease is a legal document, and by signing it you have agreed to pay the costs related to managing and maintaining the property or block. If you don t pay or refuse to pay, you are breaking the terms of your lease, and you can be taken to court. In some cases, the court can decide that, as you have broken the terms of your lease, ownership of the flat be given back to the landlord. If we take you to court, the legal costs will be passed to you. If you are struggling to pay your service charges, it is better for you to tell us as soon as you can. We will work with you to sort out problems before they get worse. 9

11 How to appeal against the service charges If you think your service charge has not been worked out properly, or you have been charged for works you feel have not been carried out, you should contact the leasehold team, who will check your account to make sure it is correct. If you still think you have been charged too much, you can: make a complaint by contacting the leasehold team or using the Your Comments Count leaflet (available at all Barnsley Connects offices); or apply to the Leasehold Valuation Tribunal. They will make a decision which all parties must agree to. You should be aware that the tribunal can make a charge to hear a case. The phone number for them is on page 22 of this booklet. Selling or letting out your home Assigning your lease If you want to sell your property, you must ask for our permission. You must also inform Barnsley Council s Borough Secretary about the sale, within 28 days of the completion of the sale. You need to do this by arranging for the buyer s solicitor to serve a formal notice of assignment to Berneslai Homes leasehold team, who will note the details and pass this onto the Borough Secretary. There is a fee for serving a notice of assignment; the leasehold team can let you know how much it is. If we do not receive the notice of assignment, allowing us to record details of the new owner, a leaseholder who has sold the property may still be responsible for any charges against that property. Pre-sale information pack Before the sale of your property, you should ask for a pre-sale information pack from the leasehold team. Your solicitor will usually ask for this on your behalf. The pack contains information that the buyer will need to know, such as: three years service charge accounts; details of any money owing: information about the building insurance policy; planned major works and improvements; and any other relevant information. The buyer s solicitor should ask for this pack as soon as possible. We aim to reply to requests for packs within 10 working days. There is an administration fee for supplying this pack. The leasehold team can let you know how much the fee is. If you are remortgaging your property, this information may still be requested, and the same administration fee applies. Buying the freehold of the block The Leasehold Reform Housing and Urban Development Act 1993 (as amended) gives leaseholders the right to buy the freehold of the block they live in, from the landlord, by setting up a company or group; which is called a collective enfranchisement. To have the right to take part in this process, each applicant must be a qualifying tenant. This means being a long leaseholder of a flat and forming a group with other qualifying tenants. The building must meet the following conditions. 10

12 There must be two or more flats in the building. If there are only two flats in the block, both leaseholders must agree to join in the process. At least two-thirds of all the flats in the building must be held on long leases. No more than 25% of the internal floor area (apart from common parts such as stairs) of the building is in non-residential use or intended for non-residential use. The number of tenants joining the group must be equal to at least half the number of flats in the block. That means, for example, that in a block of 12 flats, at least eight flats would have to be held on long leases and at least six long leaseholders would need to join in the enfranchisement process. When a leaseholder informs the landlord that they want to buy the freehold, they have to name someone who will act for them during the process. This person is known as the nominee purchaser and will own the freehold on behalf of the buyers, after the enfranchisement. When a block includes flats rented directly to public sector tenants (such as tenants of BMBC), the landlord must take a leaseback of these flats. This means that the landlord leases the flats that are rented to their tenants, from the nominee purchaser. This process can be very complicated, so if you are thinking about applying to buy the freehold, you should get independent legal advice first. You should remember that if you form a group and buy the freehold of a block, BMBC will not be the landlord and Berneslai Homes will not be responsible for the management, maintenance and insurance costs for the block, and will not be able to take part in resolving neighbour disputes. Contact the leasehold team if you would like more information about buying the freehold of a block. Sub-letting a property You have the right to sub-let your property, but you must let the landlord have a copy of the tenancy agreement between you and the tenant. You must also give us a contact address for you in the UK. It is your responsibility to make sure your tenant follows the terms of the lease. If the tenant breaks the terms of the lease, we will take action against you, rather than the tenant. Before you agree to sub-let your property, you should make sure you know what your responsibilities will be and get advice from the Citizens Advice Bureau or your legal representative to check that you are legally protected. Berneslai Homes will not get involved or be held responsible for any difficulties you may have with your tenant. Right to manage The Housing (Right to Manage) Regulations 1994 allow tenants or residents organisations to set up Tenant Management Organisations (TMOs) and to take over the responsibility for the day-to-day running of their estates. This would include the management of both tenanted and leasehold properties. TMOs could be responsible for local housing services such as: collecting rents and service charges; organising repairs and maintenance; and making sure that buildings are kept clean and tidy. 11

13 Tenants don t have to do these tasks themselves; they can employ staff; use council housing staff who could be temporarily transferred to the TMO; or employ a managing agent. The council will still be the landlord and own the homes but the TMO shares the provision of services to the local community with the council. Council representatives can be invited to join the TMO committee. If you would like more information about the right to manage, please contact the leasehold team. Staying in your home until the lease ends When the end of the lease is reached, the property passes back to the freeholder (BMBC), unless the term of the lease is extended. Leaseholders can extend their lease under certain circumstances. If you do extend the lease, you have to pay the market value of the new lease and the legal and professional costs involved. You will then get a new lease to replace the old one. The new lease covers the extra years and any years left on the old lease. Carrying out your own alterations Can I carry out alterations? You must ask the landlord for permission, before you carry out any improvements or alterations. You should write to the leasehold team with details of the improvements you are planning and we will advise you about the work and send a permission letter. It is important that any work is carried out by a properly qualified trade s person and that no damage or nuisance is caused. Permission to convert a loft is never given, as the loft is never sold with a lease and is owned by the council. You will need permission for any alterations or improvements, such as: installing new windows and external doors; removing internal walls; fitting any new plumbing, where you need access to a service duct or it is connected to a district heating system; erecting satellite dishes, radio or TV aerials. You must not carry out any external works that change the outward appearance or style of the property, or any internal works that could be damaging or harmful to the other flats in the block, unless you have been given permission. If you do carry out such work without permission, you will be breaking the conditions of your lease and we have the right to ask that the property is returned to its original state. If we ask you to do this and you do not put things right, we can enforce the conditions of the lease and you would be responsible for any costs. Even if Berneslai Homes give you permission to carry out works, you may still need to get planning permission and/or building regulations approval before starting the work. If you carry out alterations and then sell your property, the buyer s solicitor may ask about any permission given for the works to be done. So it is important that you get the right permission before doing any works. 12

14 Landlord s right of entry If we have any concerns about works you have carried out, either with or without permission, we have the right to enter the property and inspect the works. We must give you reasonable notice, before visiting. Living on your estate Your lease states that leaseholders and their families or visitors must not do anything that could cause a nuisance to other residents. So you must remember: not to make any unnecessary noise, especially early in the morning and at night; to keep pets under control at all times; and to keep private gardens tidy and clear of rubbish. If you have a problem, you might be able to solve it by talking about the issue with other residents in the block. If you can t do this, the local housing management team can get involved and try to settle any disagreements. If a resident is continually causing a nuisance and we have not been able to resolve the matter, we may think about taking legal action. This can be very expensive and so we will always try to sort out the problem first. If you are suffering from a noise nuisance problem, you should report it to Berneslai Homes. But, you should remember that there will always be a certain amount of noise from other residents, when living in a flat and each resident will have a different view of what is an acceptable level of noise. Management rules It is important to remember that the actions of one resident can affect their neighbours. Your lease contains a number of management rules which aim to help the running of the block. These are: Any repairs which are the landlord s responsibility must be reported to us. You must allow us into the property at all reasonable times to inspect its condition and to carry out repairs and improvements. In an emergency, where there is a risk of personal injury or damage to other flats, we may enter your home using reasonable force, if needed. You must work together with your neighbours and Berneslai Homes, to keep all communal staircases, landings and passages clean, tidy and free from obstructions. You must not use any part of the building for business or trade, or put up any signs or advertising for a business. You must not allow any of your relatives, visitors etc to do so. If you sub-let your flat, you must let us know within 28 days. You must also let us have a contact address for you in the UK. You must get written permission from us before you start any improvements or alterations in your flat. You, or anyone living with you, must not keep any animal that is unsuitable for your home or garden. Any animal you do keep must not annoy or frighten other people. You, your friends, relatives and any other person living in or visiting your property (including children) must not: keep any animal that we believe is not suitable to be kept in a flat or maisonette. If you are not sure whether an animal is suitable, please contact the leasehold team; 13

15 keep a dog in a flat or maisonette with a shared entrance, unless it is a registered guide dog for a blind person or a registered hearing dog for a deaf person; breed any animals or birds at the property without our written permission; allow any animal to roam unsupervised or to cause a nuisance in the area; allow any animals to foul in the shared areas of the property or on roads, footpaths or play areas in the area; use liquid gas and paraffin heaters or light barbeques on balconies; store any inflammable, explosive or noxious substances such as petrol, in the property; keep any private garden area in a dirty and untidy condition, or allow a build up of rubbish, weeds and pests; allow trees to become a nuisance or endanger the safety of people in the surrounding area; use communal facilities for storage or recharging mobility vehicles; behave or threaten to behave in a way that causes, or that could cause nuisance, alarm, harassment, distress or annoyance to neighbours and/or anyone working lawfully in, or visiting the local area (such as housing staff, contractors, social workers, guests of neighbours or others); do anything that interferes with the peace, comfort and convenience of other people living in the local area; harass, threaten to harass or use violence towards anyone in the local area, including for reasons of colour, race, ethnic or national origin, religious belief, sexual orientation, gender, age, disability, mental illness or actual or supposed HIV status; use the property for any criminal, immoral or illegal purposes, including selling, storing or using any illegal substances or storing or handling stolen goods; and commit or threaten to commit acts of domestic violence towards anyone living in the flat or maisonette. Parking and vehicle repair Most blocks of flats have shared parking areas which are used on a first come, first served basis. Please think about your neighbours and their safety, as well as the appearance of your estate, when you are parking your vehicle. You must only park in official spaces. You must not: cause an obstruction you could stop an emergency vehicle from getting through; block access to driveways or park on grassed areas; park on the footpath, this is against the law; park in your garden, unless you have a hard standing and dropped kerb; park lorries and trucks on residential streets and especially in shared parking areas; or keep motorbikes in communal or shared areas. You can carry out small repairs to your own vehicle or to one belonging to a member of your household, but you should not do any major repairs to any vehicle or take any type of payment for doing so. Abandoned vehicles can cause serious problems for residents. If you think a vehicle has been abandoned, please report the details to BMBC, Highways Department, phone (24 hour line). 14

16 Mobility vehicles Mobility scooters can only be kept in properties if they can be safely stored and charged, without obstructing a safe escape from the building, should there be a fire. If this is possible, you will not need to ask for permission to keep one. Scooters cannot be stored or charged in communal corridors or stairwells. Leaseholders must ask for permission if they wish to make any alteration, such as the provision of a ramp, access path or hard standing, garage, shed etc. Insurance cover Insurance is not legally required for mobility scooters, but, if a resident wants to use one inside a communal building, they should take out insurance cover including: public liability, covering accidental damage to a third party and property; and cover for losses caused by fire and theft. Berneslai Homes or BMBC will not be legally responsible for any claims made due to the use of mobility scooters. If you are using a mobility scooter, or plan to use one, it is your responsibility to make sure you meet the Use of invalid carriages on highways Regulation This includes registering all class 3 vehicles with DVLA for road use. Claims for damage caused by a mobility scooter If damage is caused to any BMBC property by a mobility scooter, costs will be reclaimed through the owner s insurance. If the owner does not have a current insurance certificate, they will be personally responsible for all costs. You can find more information by checking Berneslai Homes Mobility Scooters in Communal Areas Policy, which can be found in the A to Z section on our website, or contact the leasehold team. Resident Involvement We think that the best way to improve our service is to work closely with our customers; to listen to what you have to say about the service we offer and act on your comments. Not everyone wants to be involved at the same level, so we offer a wide range of ways for people to choose from. These include: Customer Panel Made up of about 250 people from across the Barnsley area, who meet with Berneslai Homes every eight weeks. We ask for their views on different parts of our service, and they help us to set priorities for improving our service. Panel members can attend all the meetings, or just the ones that interest them. If you want to know more about being a member or coming to a meeting, please ring the Customer Panel Advisor on

17 Leaseholder Forum Some of our services are aimed entirely at our leasehold customers, so we invite leaseholders from all over the Barnsley area to meet on an annual basis to discuss different parts of our leasehold management service. We ask leaseholders if they would like to represent the block they live in and come and join in the discussions about how our management service should be delivered. For more information about these and other ways of becoming involved, contact our Community Engagement Team on or Tenants and Residents Association Also known as a TARA, this is another way to help shape the housing service. By working together we can share ideas and make better decisions about the service we offer. You can join your local TARA, or if there isn t one in your area, why not set one up? You can find out if there is a TARA running in your area by ringing the Community Engagement Team on or , or the Barnsley Federation of Tenants and Residents on If your area doesn t have a recognised tenants association, and you want to set one up, you can get help and advice from the Community Engagement Team and the Federation. You can also find more information on the Berneslai Homes website. Some of the benefits of getting involved are: finding out more about things happening in your area; meeting new people; sharing ideas with others; helping to get problems sorted out; and having a say in changing and improving future services. A TARA is a group of people who come together to put forward the views of tenants and residents in the area. They raise any issues about things happening locally, and work together with the Council and Berneslai Homes to try and resolve these. Examples of the kind of things TARAs get involved with are: estate management; cleaning of streets and communal areas; environmental improvements; providing play areas and social activities; repairs; parking problems; and vandalism and crime prevention. 16

18 Why do we want your views? As a leaseholder, you receive a number of services from us, and we want to work with you to make sure these services are run efficiently. We want you to know that your views and opinions do help us to improve the services you receive from us, as well as making sure you know what your rights are regarding being consulted on certain service issues. We will ask you for your views: when we are planning to make a change in the arrangements for management and maintenance, which will affect leaseholders; where we are planning to make improvements to your home or the area around your home; about the amount and cost of services; and about planning major repairs and the timescale for repairs. We will keep you up to date with what we are doing and the services we offer by: sending you our Open House newsletter twice a year; putting articles in the local papers; and keeping information up to date on our website. Helpful information and advice Safety and security Gas safety If you have a gas appliance in your property, either a gas fire or a full gas central heating system, it is your responsibility to make sure it is fully serviced in line with gas safety regulations, and that a registered Gas Safe engineer carries out the work. Berneslai Homes may ask you for proof that this work has been completed. If your home has communal heating, annual servicing will be carried out by Berneslai Homes or our appointed contractors. Faulty gas appliances that are not regularly maintained can become dangerous and give off carbon monoxide, known as CO. You can t see this gas, or taste it, or smell it, but it can kill it is known as the silent killer. Around 30 people are killed every year, by carbon monoxide poisoning caused by faulty gas appliances. We would advise you not to sleep in a room containing a gas appliance, for your own safety. By making sure gas servicing is carried out, you are reducing the risks of death and damage to buildings, caused by gas leaks and danger of explosion; carbon monoxide poisoning, and damage caused by water leaks from central heating pipework. It will also make sure the heating is running efficiently and help to reduce running costs. Carbon monoxide can kill without warning, in a matter of hours. Breathing in carbon monoxide causes the body to lose its ability to carry oxygen. This results in the body s organs and cells becoming starved of oxygen. Symptoms can include headaches, dizziness, feeling sick; feeling exhausted, and are often mistaken for flu, even by doctors. 17

19 Some other signs that there may be a carbon monoxide leak in the home are yellow or brown staining on and around gas appliances, rising condensation around windows and yellow-tinged pilot lights that blow out a lot. If you think you have a gas or carbon monoxide leak, you should ring the Gas Emergency line on , turn off the gas supply, open the doors and windows and leave the property. An engineer should arrive within one hour. To keep you safe, you should buy a carbon monoxide detector, and fit it, test it and service it, following the instructions from the maker. Electricity Listed below are some do s and don ts for the use of electricity in your home. Do: remove plugs from sockets, when an item is not being used; regularly check that plugs are in good condition and properly wired and fused; use short undamaged flexes; check the condition of flexes regularly; follow the maker s instructions when using electrical items; and get expert help for all repairs. Fire To lessen the risk of a fire starting in your home, you should: make sure that open or radiant (electric fires) are properly guarded; make sure cigarettes and matches are out before emptying ashtrays; keep all matches and lighters away from children; close windows and all internal doors at night to stop a fire spreading; if you use solid fuel, have the chimney swept at least twice a year; and buy a household fire extinguisher and fire blanket. You should not: leave a child under the age of 12 in a room with an unguarded fire (it is an offence to do so); or dry clothes over convector heaters, cookers or fires. Don t: carry out your own electrical repairs; run more than one appliance from the same socket; run electrical fittings from a light fitting; touch switches with wet hands; and take electrical items (especially electric fires) into the bathroom. 18

20 Burst pipes During the winter months, there are some things you can do to stop your pipes from bursting: keep your home heated; if you go away, leave the heating on if you can, but turn the thermostat to 10c; if you can t leave the heating on, make sure you turn the water off at the stop tap and drain the cold water system and the heating system. If you do have a burst pipe which damages your contents and personal belongings, you will be responsible for paying for any replacements or repairs. You should make sure you have contents insurance, to cover for accidental damage and floods. Smoke alarms For your own safety, you should make sure you have smoke alarms in your home. If the alarm is not wired in, it is important that you check the battery regularly and change the battery at least once a year. If the low battery bleep sounds, you should change the battery immediately. Legionnaires' disease Security Here are some steps you can take to lessen the chance of your home being burgled. Close or lock all windows and doors whenever you go out. At night, make sure ground floor windows and windows near drainpipes or flat roofs are closed/locked. Do not leave keys under the mat or on a string behind the letterbox. If you think of a safe place to hide a key, a burglar has already thought of it. Do not leave notes outside your home for callers, when you are not in. This is an obvious sign that the property is empty. Ask strangers for proof of identity before you let them into your home. If a caller is genuine, they will have an identity card. If you are suspicious about a caller, phone the police. Cancel milk and newspaper deliveries before you go away including free press deliveries. Ask a relative, friend or neighbour to call occasionally to check that your home is secure. If you are going to be away for a long period of time, let the scheme staff know. If you have not used your shower for 5 days or more, you should follow the guidelines below to reduce the risk of catching Legionnaires' disease. Switch on the extractor fan; turn up the water temperature to the highest setting and turn the water on; close the shower curtains or cubicle door; leave the bathroom and close the door; and leave the water running for 15 minutes and then turn off. This is called a thermal clean. 19

21 Falls Three out of five deaths resulting from accidents in the home are caused by falls. Here are some guidelines to help lessen the chance of having a fall. Stairs and landings should be well lit and kept clear of obstructions such as toys. Stair carpet fixings should be secure, with no tripping hazards. Repair or cover any holes in carpets or other floor coverings to avoid tripping. Do not polish floors underneath rugs. Make sure rugs are non-slip. TV Licence You must apply for your own TV licence, or transfer your licence from your previous address. If you are over 75 years of age, you will get a free licence. Smoking It is a legal requirement that a no smoking policy is enforced in all internal communal areas. You can smoke in your own home, but please be aware of the fire risk connected to smoking. Be careful when putting out cigarettes and do not smoke in bed. You can stop condensation by making sure the property is well heated and ventilated. Listed below are some ways to help you deal with condensation. Keep rooms warm and well ventilated. In colder weather, leave your heating on low when you are out of the property. When cooking, washing, bathing and drying clothes, keep the door shut and a window open. This helps to stop warm, moist air moving into colder areas of your home. When cooking, put lids on the pans. Leave trickle vents on windows in the open position and open windows regularly (for a short time) in all rooms to allow air to circulate, such as opening bedroom windows every morning. If you have a tumble drier, make sure the vent is fitted to take the hot air to the outside. Don t dry washing on radiators. Dilute household bleach with water and use to wipe away mould growth. Always wear rubber gloves and don t get the liquid in your eyes or on your skin. Test a small area first to make sure it won t cause any damage to the surface. Use anti-mould paints and anti-condensation coatings in areas such as bathrooms. Condensation Condensation can be a problem during the winter months. Double glazed windows and doors are quite airtight and can help to increase condensation by stopping water vapour (steam) from getting out of the home. Signs of condensation can be running water on windows and walls or sometimes mould growth on window frames, walls, furnishings and fabrics. 20

22 Pets If your lease allows you to keep pets, you are responsible for keeping them under control. You cannot keep any animals in sheltered housing or a property which can only be accessed through a communal entrance, unless the animal is a registered guide dog for the blind or a registered hearing dog for the deaf, and you have our permission to keep it. If there is a problem with stray dogs in your area, you can report this to the council s Dog Warden on Gardens You are responsible for keeping your garden free of rubbish and excessive weeds. The way the area looks can be improved by keeping gardens neat and tidy. Neighbour disputes When there is a dispute between home owners, we have limited powers to deal with it. You should always try to resolve problems with your neighbours face to face. It is best to have a friendly approach - if you are considerate to your neighbours, disputes might never happen. Contact us You can contact Berneslai Homes by: phone; To report a repair please ring the Repairs Hotline on You can report a repair 24 hours a day, seven days a week, but we will only come out to emergency repairs between 4pm and 8am. Please note this number is for reporting repairs to communal areas only. Emergency repairs include: floods; burst pipes; main drains; serious fires; serious electrical faults; and any event that endangers a life or a property. ; letter; For any other enquiries you can ring Barnsley Connects on , Monday to Friday 8am to 8pm and Saturday 8am to 1pm. leaseholdteam@berneslaihomes.co.uk Berneslai Homes PO Box 627 Barnsley S70 9FZ. and visiting; Reception services are available at Barnsley Connects Service Centres, which are open Monday to Friday, 9am to 5pm. 21