Leaseholders handbook

Transcription

1 Leaseholders handbook

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3 Foreword Dear Leaseholder, I am pleased to welcome you to the new edition of our leaseholder handbook. From July 2013, the key administrative functions of leaseholder services including billing, assignments and consultation on major works, are now managed by Hounslow Council, however, the day-to-day management of services including repairs, delivery of major works programmes and management of the estates will remain the responsibility of Hounslow Homes. This handbook has been designed to guide you through the various aspects of being a leaseholder in regards to your rights and responsibilities and the council s responsibility towards you. The Leaseholder Service is committed to providing high level service standards for leaseholders and will continually endeavour to make relevant service improvements. Our experienced officers are always willing to provide clarification on content within this handbook or answer any questions that you may have, that are not covered in this handbook. Contact information is available within section 4. During the transition back into the council, there may be changes that affect the service and we will endeavour to update the handbook to provide you with a complete overview of the service in due course. Yours Sincerely Steven Phillips - Chair of the Leaseholder Forum

4 Contents 1. Important information regarding this handbook 2 2. Accessing this handbook 2 3. About us 3 4. Contact information 3 5. Your lease 4 6. The council s obligations and rights 9 7. Service charges Paying your service charges Repairs and maintenance Major works Home improvements Selling your home Subletting Having your say, getting involved Complaints and disputes 31 1

5 1. Important information regarding this handbook From 1 June 2013 the responsibility of leaseholder services reverted back to the council. In practice this means that the council will now be directly responsible for: leaseholder billing major works consultations right to buy services and assignments Hounslow Homes will retain responsibility for providing day-to-day management services as part of its tenant services operations. This will include the delivery of major works programmes, repairs, and management of the estates. This handbook has been created to give you an overview of your rights and responsibilities as a leaseholder and describes the council s responsibilities to you as your landlord. This handbook is a guide and the information it contains is only a summary of the broad terms of your lease, and does not replace your lease or any other legal agreements. During the transition of the service back into the council, there may be changes that affect the service and we will endeavour to update the handbook to provide you with a complete overview of the service in due course. 2. Accessing this handbook Translations and interpretation services If you have difficulty understanding written or spoken English, we can arrange for someone to interpret for you over the telephone and/or provide a translation of written information about leaseholder services. 2

6 3. About us The team is made up of experienced officers with specialist knowledge of leasehold ownership and management and the service is responsible for: maintaining records about leaseholders arranging buildings insurance for leasehold properties identifying, billing and recovering charges due under residential leases answering queries about the calculation and payment of service charges dealing with lessees requests for consent to carry out alterations to their property administering the right to buy scheme. The service is not responsible for managing the housing stock and providing works or services to buildings and estates. However, it works closely with the area housing teams based at Hounslow Homes and other providers of services to your building and/or estate to ensure that information about costs and service levels is accurately recorded, and is recharged in accordance with your lease and relevant housing legislation. 4. Contact information Leaseholder Services London Borough of Hounslow Civic Centre Lampton Road Hounslow TW3 4DN Telephone: /

7 5. Your lease Please note that not all leases are the same. Always check your own documents for exact details. The lease is a legal contract between the council (the freeholder) and you the (leaseholder). It sets out: your obligations and rights as a leaseholder the council s obligations and rights as your landlord. It is important to understand that the lease is a legally binding contract that is enforceable by law. This section provides a guide to the contents of the council s standard lease. If you would like any of this information to be explained further, please contact leaseholder services. This section is not a definitive interpretation of the terms of your lease and you should get independent advice if you do not understand or agree with its contents, or any advice we give you. Standard conditions These are standard conditions that you will find in your lease and will include: the original sale date and the parties to the sale the date the lease started (usually the date of the first sale in the building) the length of the lease (usually 125 years) definitions of some of the words and phrases used in the lease, for example, building and services. How your lease is set out Below is a brief summary of the layout of your lease which is arranged in seven schedules. First schedule Describes your home; a plan shows the building (and estate, if any) where your flat is located, the position of your flat within the building and any private garden, shed etc, sold with the lease. Second schedule This gives details of the rights you have on the estate to utilities, rights of way, amenities etc, which you share with other residents. 4

8 Third schedule The council s right of access to your home to carryout repairs that can affect other flats, for example, above or below you. Reasonable notice will be given, however in an emergency this may not be possible. Fourth and fifth schedule The restrictions and regulations that leaseholders must follow such as to ensuring the block and estate remains a pleasant and safe for all residents. Sixth schedule Service charges are charged for carrying out our responsibilities in connection with the provision of services, repairs, maintenance and management of the estate. Seventh schedule Services to the block and estate; this details the supply of services. Leaseholder s and landlord s covenants The lease sets out the obligations and responsibilities of the landlord and the lessee. The terms of the lease are known as covenants, which are legally binding agreements to do, or not do, certain things. Your responsibilities The lease contains information which applies to your home and is described in the first schedule. As the freeholder, the council retains responsibility for the structure of your property and is responsible for structural upkeep and repair and is entitled to recover a fair proportion of the cost of any structural repairs carried out from you as a leaseholder. The repairs chapter has a table summary of what parts of your home are the responsibility of the council to repair and what are your responsibility as leaseholder to repair. Please note that windows are not amongst the items sold with the flat. They are owned by the council, so you are not responsible for repairing or renewing them. Whilst you are responsible for repairing everything but the structure of your home, if you want to undertake improvements, you must first obtain written permission from the council. 5

9 A leaseholder must: pay the annual ground rent of 10, due 1 January on demand pay a reasonable share of our running costs for the management, repair and maintenance of the building and the shared areas and for the provision of services pay on demand an insurance premium based on the cost of rebuilding your home and communal areas repay all or part of the discount you received, if you are the first owner of the property and you sell your flat within five years of buying it from the council pay our expenses for any fees or charges we have to pay in connection with your property maintain, decorate and repair all parts of your home including all services used solely by your property not make any alterations or additions to your home without our consent allow us into your home to inspect the condition and, after due notice, to carry out works that you have not done (we will then charge you for doing the work) allow us and other leaseholders into your home to carry out obligations under the lease pay all taxes and charges due on the property not cause a nuisance or annoyance to neighbours use the premises only as a place of residence provide notice to the borough solicitor in writing (within one month) of any change in ownership or any new mortgage (there is a charge for registering these changes) not to do anything that would make the insurers refuse to pay out on any claim which we might want to make. You should have a copy of your own lease and should be able to obtain this from your solicitor. The borough solicitor can also provide you with a copy. There is a charge for this service, currently 20. 6

10 Your principal rights These are some of your rights under the law. See your lease to check these and other contractual rights. If you bought your home under the right to buy, there are other specific rights and obligations that apply in the first few years of your lease, which are set out in your Section 125 offer notice. The right to sublet or resell You are entitled to sublet or resell your home. However you are obliged to inform the council of your intention and register the details with us. See separate chapters on subletting and selling your home. The right to enfranchise Enfranchisement means leaseholders as a group can purchase the freehold of their block of flats. If the group and the building meet the requirements of the law they can do this even if the freeholder does not want to sell it. For more information regarding this you will need to seek independent legal advice. Extending the lease Many individual leaseholders have the right to acquire a new lease that lasts 90 years longer than their current lease. If you would like further information please contact the Borough Solicitor, Civic Centre, Lampton Road, Hounslow, TW3 4DN or call Right to apply to vary the terms of a lease Once signed the lease is legally binding on you and the council. Your solicitor should have explained the contents of your lease before you signed it. The need to change any of the terms of your lease rarely arises but where it does changes can only be made with your, and the council s written agreement, or following a decision by the First Tier Tribunal (property chamber). There are restricted grounds for applying for a variation to a lease but in rare circumstances a lease can be varied. Control of personal information You can check any personal details we hold about you on file or computer under the Data Protection Act If you would like to see any records speak to leaseholder services who will explain the procedure and arrangements for viewing. 7

11 If you are unhappy about any information or expression of opinion recorded on your files you can ask for it to be corrected or erased. If we disagree with your request you will be informed of the reasons. You can insist that your views on the matter are added to the records. Please note that we will not answer enquiries from people claiming to represent you (including members of your family) unless you confirm that they have your permission to contact us. All information is held confidentially, although the council has a legal responsibility to pass certain information to various other departments and other public bodies. Passing on your lease if you die On death your lease will pass to the person(s) you have named in your will. If you have no will under the Administration of Estates Act 1925 the court will determine who in your family will inherit the lease. The right to buy discount repayment clause does not apply in these circumstances. Remaining in your home If you fail to pay your service charges or mortgage, your home could be taken from you. You are secure in your home provided you keep to the terms of the lease. Only a court can allow your home to be taken from you. 8

12 6. The council s obligations and rights The council must: allow you to live in your property, as long as you pay the ground rent and other charges and meet all your obligations keep your flat insured for the full reinstatement value, provide you with a schedule of cover and a summary of the policy and allow you to see the full policy on request reinstate the building if it is damaged by insured perils keep the structure and exterior of the building in good repair keep services to the building, such as gas and electricity, in working order, and maintain all common parts of the building or estate in which you live give you an annual estimate of the service charges for your home for the coming financial year. This includes a charge for managing the building/ estate and leasehold accounts calculate the actual costs after the end of each financial year and advise you of the difference maintain proper accounts in relation to service charges. Make supporting documents available for your inspection for six months after actual accounts are published and provide information on how service charges are calculated. The council can: employ professionals to carry out some or all their obligations under the lease and include the costs in calculations of service charges come into your home after due notice to carry out the landlord s obligations under the lease come into your home to inspect it and to carry out works run and maintain electricity cables or water or gas pipes from any other part of the estate or block through your flat or maisonette extend or carry out alterations or improvements to the block or estate, excluding your flat or maisonette. 9

13 7. Service charges Service charges are your contributions to our costs for managing, maintaining, repairing, insuring and providing services to the building that includes your home. If your building is part of an estate you have to pay towards estate costs as well. The specific services for which you will be charged are referred to in your lease in Schedule 6. There are four types of service charges that will be billed to leaseholders, which include: ground rent annual service charges major works service charges insurance premiums. Ground rent This is a fixed rent incorporated in the lease at 10 per year for the use of the land on which your building stands. Annual service charges These are costs that we expect to pay every year for works and services and can include a number of different types of costs. These are referred to as heads of charge and they will appear on your service charge bill. The services you receive and the charges made will depend on where you live, but can include: Management/administration fee You are liable to pay for a share of the on costs of in administering services, not all of which are completely covered through fixed fees. Costs that are included in the management admin fee include: contract management accountancy and billing income recovery work assignments consent for physical alterations and subletting a fair share of general estate management, offices, receptions, phones etc providing information such as this handbook, the website etc. 10

14 We divide these on costs between all leaseholders on a two-tier flat rate basis. There is a standard rate, but for those leaseholders who have minimal services (for example homes that are not on estates and have no caretaking, grounds maintenance of district heating), a reduced rate is applied. Estate services Caretaking services: including cleaning, litter picking, moving rubbish bins, carrying out bulk refuse collections and inspecting the estate and building where you live and reporting repairs. The charge also includes any essential on-costs such as travel, materials, uniforms and monitoring. Levels of service and visiting times are shown on the caretaking schedule. The schedule for your block or estate should be displayed on your estate notice board. Grounds maintenance: works to the grassed or planted areas around your block or estate that are not private gardens. This includes mowing grass, weeding, pruning shrubs and other plants and re-planting where necessary also weed killing on paths, playgrounds etc. The majority of work is carried out under the annual maintenance contract but there may be orders for unusual or additional works not covered by the contract from time to time. Estate repairs: repair and maintenance of the external areas of your estate, including estate lighting, boundary walls, paths and playground equipment (see Section 7: repairs and maintenance). Block services Block repairs: day-to-day repairs to the exterior or common parts of your building (see Section 9: repairs and maintenance for more information). Communal electricity: lighting common parts, power for equipment such as door entry systems, aerial boosters, external security lights, lifts and heating. Door entry system: maintaining your door entry system, including twice-yearly visits under a planned maintenance contract. Concierge: if you have a concierge service the cost reflects the hours the service is available to your block and to the estate and any neighbouring blocks you share the service with. Communal TV aerial: keeping a communal television aerial in working order. You have to pay even if you chose not to make use of it. Lift maintenance: repairing and maintaining the lift(s) in your building, including monthly inspections under a planned maintenance contract. 11

15 Dry riser: twice-yearly planned maintenance inspections and repairs to dry risers, which are part of the fire-fighting system in high-rise blocks. Ventilation: cost of the planned maintenance contract and other works to maintain extractor fans for internal bathrooms. Water booster: cost of the planned maintenance contract and other works to pump water to the top of tower blocks. District heating Some of our estates have the benefit of a district heating system for the supply of hot water and space heating. Leaseholders are charged in proportion to the number of radiators in their home. The costs include: district heating: fuel, repairs, maintenance and other costs for providing heating and/or hot water to all properties on a communal heating system. Your charge is based on the heating points for your flat district heating administration: a contribution to the staffing costs and overheads for heating engineers and leaseholder services staff. How the annual service charge is calculated The service charge year In Hounslow the service charge year is a financial year, which runs from 1 April to 31 March of the following year. Estimated service charges Before the beginning of each financial year the leaseholder service estimates the costs for providing works and services including programmed works and major works to your building and estate during the coming year. We usually base the estimates on costs in previous years. We send you details of your contribution. Actual service charges We cannot work these out until a financial year has ended, but aim to provide this by the end of September each year. We use financial records and information about service provision to work out how much was spent on every building and estate that includes at least one leaseholder. We then send you a certificate showing the actual costs and the difference between the actual and estimated charges for that year. 12

16 We put the difference onto your applicable account. If it is a credit and your accounts are clear it can be refunded to you or offset against future charges. If there is an additional charge, you should pay it when you receive the certificate and consolidate the service charge demand. Major works service charge Major works are large items of expenditure to repair, redecorate or improve your block or estate which we plan for in advance. This includes routine cyclical redecoration and associated repairs and larger replacement of various elements of the structure of the building based on its economic life cycle, such as roofs and windows. The cost of some programmes of major works can be considerable. It is not uncommon for contributions by individual leaseholders to be several thousand pounds, and very occasionally they are tens of thousands of pounds. When we believe that major works will cost you or other leaseholders more than 250 we have to consult you in order to recover the full service charges. This is additional to any other consultation carried out with residents. The procedure we must follow, and the information we give you, is set out in law. Although major works do not happen every year, the lease defines the cost of major works as a service charge. Therefore the costs are included in your estimated services charges issued to you in April each year, for collection as part of the total annual service charges, in 12 equal instalments through the year. Any adjustment to these costs will be made in the actual service charge accounts issued in October of each year. Insurance premiums We are obliged under the lease to provide comprehensive buildings insurance cover for all sold flats and some freehold houses under a blanket policy with a reputable company. You cannot opt out or arrange cover with another company for this. Periodically we competitively tendered for this cover and consult you, before appointing the best value provider. The insurance year runs from 1 April to 31 March the following year. We send you details of your buildings insurance with an invoice for the premium once a year. The premium is based on the cost of rebuilding your flat and an element for the common parts. 13

17 Under the terms of your lease you must not do or keep anything that could increase risk or allow the insurers to void the policy. If you let out your property or leave it empty for long periods you must inform the insurance company as this could affect your insurance cover. Please note that the policy does not cover the contents of your property such as furniture, pictures, clothes and personal belongings. We recommend that you arrange your own contents insurance. Making a claim If your property suffers damage and you want to make an insurance claim, you should contact the insurance company directly. Home contents insurance We do not provide insurance for personal belongings, furniture or fittings. Leaseholders will have to arrange this separately. 14

18 8. Paying your service charges Ways to pay We have a range of payment options available for you to be able to pay your service charges. In order to pay on the right account you will need to use the 14 digits of the applicable account number leaving out any dashes but including zeros. Please note that the last three digits of each account differ. The payment methods currently available are: Direct Debit Contact your leasehold income management officer to arrange for the form to be sent to you, which you should complete and return to the leasehold income team who will arrange to set up the payment with your bank. Standing order Set this up using a standing order mandate form supplied by leasehold services or use the table details under bank transfer below Quote the fourteen digit account number for the charge you want to pay Standing order payments for estimated service charges should be made on or around the beginning of the month starting 1 April and ending with 1 March of the following year. Please note you are responsible for setting this up with your bank, altering the amounts and terminating payment. The internet Log onto select Pay it then Make a payment online Select Leaseholder Payments from the list on the left hand side of the page and enter the relevant account number card details and the amount that you wish to pay. Telephone Ring Please have your account number/s and credit or debit card details ready and the amount you wish to pay at the end of the transaction you will be given a reference number as a form of receipt please keep number this for information for reference. 15

19 By bank transfer Account Name: London Borough of Hounslow Bank Address: NatWest Bank High Street, Hounslow TW3 1ZA Sort Code: Account Number: You must quote the relevant 14 digit applicable to the account number/s and the amount. Payment vouchers We send you a payment voucher with any invoice for ground rent, insurance or major works and vouchers for annual service charges with the annual estimate. They can be used at a bank or post office or can accompany payments by post or in person. By posting a cheque Make cheque(s) payable to The London Borough of Hounslow and post to the Civic Centre Cash Office, Lampton Road, Hounslow, TW3 4DN. Please remember: to write on the cheque(s), or in a note, the account number/s how much you are paying to each account if you are using one cheque for two or more accounts. In person You can visit Civic Centre payment can be made in the main reception by cash/cheque using the hand till machine Hounslow Homes Area Offices - make a cheque payment over the counter. Checking your payments are up to date If you need a statement of your account at any time please contact your leaseholder income management officer. 16

20 Statement queries When you receive a statement please take the time to check it carefully. If there are any discrepancies please contact your leaseholder income management officer providing as much information as possible if you have a query and proof of payment. Service charge and ground rent debt It is important that you pay your service charge promptly. If you are experiencing difficulties with making payments then please contact your leaseholder income management officer as they will be able to offer advice and may be able to arrange a payment agreement. If you fail to contact us, or if you fail to keep to any agreement you have made with us, we may take legal action to recover the money you owe. This could affect your financial status, your credit rating and mean that you also may have to pay court costs, legal fees and interest. If you persistently fail to pay your service charges you have broken the terms of your lease and we could take action to forfeit the lease, which means that ultimately you could lose your home. 17

21 9. Repairs and maintenance We are responsible for maintaining the exterior, structure and utilities servicing your home and building and the common parts of your block and/or estate. However, you have to contribute to the cost of maintenance through your service charges. You are able to request a copy of the Block Repair Summary if you wish to know the details of the charges. We are committed to providing you with a first class, accessible and efficient repairs service. Hounslow Homes is our partner organisation delivering the repairs service on our behalf. Table of responsibilities for repair Building element Council Lessee Internal walls within the flat P Ceilings and floors P Joists and beams on which leaseholder s floors are laid P Joists and beams to which ceilings are attached (where this is P the floor of the flat above) Cisterns, tanks, sewers, drains, pipes, wires, ducts, conduits P used solely for the purposes of this flat (and no others) Main structural parts of the building P Roof P Foundations P Drains, gutters, conduits, wires and ducts serving more than P one property whether internal or external External parts P Glass in windows of this flat P Doors and door frames of this flat P Internal surfaces of the external walls that border the flat P Heating and hot water pipes that run through the flat serving P this and other flats up to the stop valve on the mains supply Fitted kitchen units P Sanitary ware P Internal electrical wiring and installations serving only that P property Internal walls that border the flat are party walls P P 18

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23 Reporting a repair To report a repair that is the council s responsibility or issues with communal gardens and/or estate grounds you should: contact Hounslow Homes repairs team by calling the customer call centre on and selecting option 1 or Tell your concierge (if you receive this service) or Hounslow Homes at: housing.repairs@hounslowhomes.org.uk If you are reporting a repair by please include the following information: your name and address the repairs required the precise location of the defect any telephone numbers that we can use to contact you. If the repair is to the structure or to common services that run through your property and we need access inside your home, the call centre will give you an appointment that is convenient for you and the job number. If it is a communal repair you will be told when we expect the repair to be completed and the job number. Emergency repairs outside normal working hours We have an out of hours emergency repairs service, which deals with very urgent repairs outside normal working hours. You can use this service to report emergency repairs that are our responsibility. The telephone number is between 8pm and 8am, and weekends. Repairs liability If you or your family or visitors do not behave in a responsible manner, and your-or their-actions lead to unnecessary repairs to the common parts or structure of the building, we may charge you to recover those costs. 20

24 General emergencies and problems In an emergency you need to act quickly to keep problems under control and minimise damage, whether the repair is your responsibility or ours. If possible, stop the immediate problem and then call for help to put it right. If your water, electricity or gas supply fails totally, call the appropriate supplier to check whether there has been a general supply failure. In the event of a general emergency, look in the phone book for the right number to notify the authorities and alert your neighbours if it could be dangerous for them. Water leaks If possible turn off water at the mains stopcock, which may be located inside your property or in the common hallway. Stopcocks should be clearly labelled to help in identification. We suggest you check where the stopcocks (stop valves) are before you have a problem. Please note there may be more than one. If the leak is your responsibility call a reputable plumber as we are not able to assist with these repairs. If it is ours contact the repairs call centre. Gas It is very important that your gas appliances are properly maintained. We strongly advise you to have them serviced annually. You may consider having a service contract with a reputable Gas Safe approved contractor, who will provide regular servicing and maintenance for any gas installation. If you suspect a gas escape call the National Gas Emergency Service immediately on Do not: turn electric switches on or off smoke or use a naked flame. Do: put out naked flames check that the pilot light on the boiler is out turn off your gas supply by turning off the tap at the meter open doors and windows to get rid of the gas keep people away from the area affected. Your gas supplier will advise you on what further action you should take. 21

25 Important note about gas appliances Gas appliances are a potential threat in the home. If you do not have them regularly serviced, maintained and repaired, they can emit carbon monoxide which is poisonous and can be fatal. You are responsible for maintaining all gas appliances and flues in your home and must be able to show you have a CP12 Certificate. If you do not, you will be in breach of your lease and also will invalidate the buildings insurance policy taken out on your behalf. Our partner contractor T Brown Group offers preferential rates to our leaseholders. If you would like a quote, call See the Health and Safety Executive website for more information on gas safety or call their advice line on All installing, repairing or servicing gas boilers, fires, cookers or hobs in your home must be done by a registered Gas Safe engineer. Check on the Gas Safe Register website if your contractor is registered. Electricity If you have an electrical fault, check first whether the power-out is only affecting your flat or if it is affecting other homes and street lighting in the area. If only your home is affected, check the fuse box. If you have a modern fuse box with circuit breakers, check which of the circuits has tripped. If you had just plugged in an appliance it may be that the appliance is faulty. Unplug that appliance, and reset the circuit-breaker switch. If this does not solve the problem, call a competent electrician. If your electricity supply has failed completely call your electricity supplier. Gas and electricity checks when subletting If you are letting your property then gas and electricity services should be checked regularly. Please seek independent advice regarding how to do this. You are legally responsible to your tenants under the Gas Safety (Installations and Use) Regulations This means you must: ensure that all your gas appliances, pipework and flues are in a safe condition arrange for your gas appliances and flues to be safety checked every 12 months 22

26 use a registered Gas Safe fitter ( to check on a contractor s registration) keep a record of safety checks for the last two years checks give your tenant a copy of the gas safety check record within 28 days of the inspection give new tenants a copy of the current gas safety check record when they move in. Smoke detectors We recommend you install at least one smoke detector in your home. It is worth taking advice on the type of smoke detector to install and where to locate it/them. If you have a smoke detector please remember to change the batteries regularly and ensure it is in working order. You may also consider the installation of a carbon monoxide detector. You should obtain advice from your gas supplier. 23

27 10. Major works Under the terms of the lease we are responsible for the maintaining the structure of the building and estate where your leasehold home is situated. This ranges from small-scale responsive repairs to major repairs and improvements, such as a new roof or windows. The council will recover a proportion of the cost of large-scale works from you as a service charge under the terms of the lease. If the cost to you exceeds 250, the law requires us to consult affected leaseholders, providing information about the works, costs and our reasons for doing it. This follows a procedure set out in a Section 20 notice of the Landlord and Tenant Act We use either a single stage or a two stage consultation exercise depending on whether or not the work is to be carried out by a contract partner. Single stage consultation Following a thorough, competitive procurement process, which looked at value for money and quality of work, several contractors were appointed on long-term framework contracts to carry out specific streams of work in our major works programme. These contractors are often called partnering contractors. If we need to work on your block or estate using a partnering contractor we will issue a single stage consultation notice procedure, which consults leaseholders by providing: description of the works explanation of why the works are necessary likely cost of the works invitation to make observations about the proposals address to send observations confirmation of the 30 day deadline observations. Responding to observations We must respond to all observations relating to the consultation within 21 days of receipt, please send us your observations within the period stated in the notice. 24

28 Two stage consultation If we have not appointed any suitable long term partner for a contract we must follow a two stage consultation exercise. Stage 1- Serving a Notice of Intention which must contain: a description of the works an explanation about why the works are necessary an invitation to you to nominate a contractor the address where you should send your observations and/or details of your nominated contractor confirmation of the 30 day deadline for observations and/or nominations We obtain at least two estimates, including any one leaseholder-nominated contractor, tendering it using traditional competitive tender procedures. If more than one nomination is received, the most nominated contractor is invited to provide an estimate. Stage 2 - Serving a second stage Notice of Estimates to include: details of at least two estimates for the proposed works an invitation to you to make observations on the cost and/or scope of the works the address where you should send your observations confirmation of the 30 day deadline for the return of observations. Unless the contract is awarded to the leaseholders nominated contractor or to the lowest tenderer, we must issue a further notice to each leaseholder, giving the reasons for choosing the agreed tender and a summary of the observations received and our response to them. Managing the works on the sight If you identify or experience a problem during works, please report them at the time to the contract manager, whose details are normally included in the formal statutory consultation notice. You can also report concerns to the tenant liaison officer for your area, or the leasehold major works project manager. 25

29 11. Home improvements If you want to carry out alterations or improvements to your home you must apply to us first and get our permission before any works are started. Permission will not be unreasonably withheld, but we may have to carry out inspections or investigate further before we can make a decision. We make a charge for this work. It is important that all approved work is carried out by a qualified person to a proper standard. You should also remember that for some work such as improvements or additions to the property you will need to obtain other approvals before proceeding. Examples include planning permission or building regulations approval. You are not allowed to carry out works to areas of the building that you do not own such as communal areas, basements or roof spaces, even if your flat gives access to these areas. Please remember that windows are our responsibility and you are not permitted to change them. However, you can replace the glass and seal if they are damaged or broken as this is your responsibility as leaseholder. Aids and adaptations If you have any difficulties living in your home because of a disability we may be able to help you. The social services department can visit you and tell you about any grants that may be available to pay for adaptations to your home to make life easier. Adaptations could include installing ramps or handrails and perhaps installing a shower. If you think you need help please contact us. If your home contained adaptations such as hoists, a stair-lift or handrails provided and maintained by the council when you were a tenant the adaptations become your responsibility when you become a leaseholder. 26

30 12. Selling your home The council does not usually buy back properties sold under the right to buy unless they are part of a major redevelopment scheme. You are therefore free to offer your home for sale on the open market, except that certain limits apply in some cases. These include: Repayment of discount If you purchased your flat under the right to buy scheme less than five years ago you will be required to repay some or all of the discount back to the council. Please refer to your right to buy home booklet for further information. We do not currently offer a service to leaseholders who wish to sell their lease for their home. Sales administration When you have found a buyer for your home it is usual to instruct a solicitor to deal with the sale of your property. We will pass all the relevant information regarding the property and lease to your solicitors in the form or a pre-sale enquiry (pre-assignment pack). This provides the prospective purchaser buying your flat and their solicitors with the information they need including: copies of three previous years service charge accounts current estimated service charges account balances building insurance schedule and booklet information about current or planned major works. Your solicitor will provide you with a seller s questionnaire to let the prospective purchaser know about matters relating to the property. It is your responsibility to complete this questionnaire. We will make a charge to your solicitor for answering any enquiries and providing information. 27

31 Notification It is the responsibility of the purchaser s solicitor to ensure that we receive a copy of the Notice of Assignment. We levy a small charge for registering an assignment. This notice should be submitted within 30 days of purchase. Service charges You are responsible for paying all service charges that are demanded up to the date of sale. After you sell the new lessee must pay all charges that are demanded even if they relate to a period before their purchase. They will receive the adjustment (credit or debit) on any estimated service charges that you paid. You should ensure that your solicitor makes proper provision for apportioning paid charges and making any reimbursement to or from the new owner. 28

32 13. Subletting You are entitled to sub-let your flat, however there are conditions you must adhere to. Also, you will still retain your obligations under the lease and must ensure they are observed by your sub-tenants. This includes paying all ground rent and service charges and keeping up your mortgage repayments. If you fail to enforce the terms of the lease on your sub-tenants, action to enforce the lease may be taken against you and in some circumstances you could risk losing your home through the legal device of forfeiture. Most importantly, you must obtain the consent of your lender if it is a condition of your mortgage as this is normally a condition of lending. Secondly you must register your sub-letting with the council, and our buildings insurance company, to ensure that any insurance claim you make is covered. You are advised also to take the following steps to secure your position. seek advice from your home contents insurers give us a contact address for yourself or your agents in case of emergencies or problems caused by defects within the flat (e.g. cistern overflows) let us know who is living in your flat for security reasons sub-let using a form of tenancy agreement that includes the same rules and regulations that apply to you as a lessee inform us if the property is left unoccupied for any length of time take responsibility under the Gas Safety (Installation and Use) Regulations 1998 for making sure your gas appliances, pipe-work and flues are safe and well maintained and have annual gas safety check by a registered gas engineer and ensure we and your tenant have a copy of the CP12 Certificate. Failure to meet these requirements can lead to criminal prosecution. Please contact leasehold services if you are considering letting your flat and would like further information or to discuss this in more detail. 29

33 14. Having your say, getting involved Most people want to be heard and some people want to get more involved to contribute to shaping services or building their community. We believe in making it possible for you to get as involved in the decisions as you want to be and to give feedback on their experience of our services. The Community Partnership Unit assists in delivering: Leaseholders Forum These are supported by the council and are made up of volunteer leaseholder representatives. There are four representatives for each area. They are elected annually at an AGM to which all leaseholders are invited. They meet every 2-3 months to discuss strategic issues and the delivery of services and ongoing developments. Area Forums The London Borough of Hounslow facilitate Area Forums for residents to meet and discuss issues of local neighbourhood concern. There are five groups in Hounslow and cover the areas of: Bedfont, Feltham, Hanworth Central Hounslow Chiswick Heston and Cranford Isleworth and Brentford To get involved, contact: Community Partnerships Unit Civic Centre, Lampton Road, Hounslow TW3 4DN Tel: Independent Tenants Scrutiny Board This board is assisted by Hounslow Homes and looks into the performance of all our services and makes recommendations for improvement. We organise periodic one-off local and borough-wide events to share information and promote local involvement. We support local residents to get involved in estate walkabouts and mystery shopping to help make our homes and neighbourhoods. For more information please contact the resident scrutiny board on or 30

34 15. Complaints and disputes If you are unhappy with the service that you have received, then please contact the complaints team using the following: Housing Complaints London Borough of Hounslow Civic Centre, Lampton Road, Hounslow TW3 4DN Telephone: For more information regarding the complaints process please visit: 31

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36 Leaseholder Services London Borough of Hounslow Civic Centre Lampton Road Hounslow TW3 4DN Telephone: / Communications Dec