Sustainable homes, sustainable communities

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1 Sustainabe homes, sustainabe communities Leasehoder Handbook

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3 Wecome Wecome to Hastoe Housing Association. This handbook describes your rights and responsibiities as a easehoder of a Hastoe property. It aso provides information on our responsibiities and the service you can expect to receive from us. This handbook is for information and guidance ony. It does not repace the terms and conditions of your ease agreement, which states the ega terms and conditions of your easehod. We aso hope that it covers some of the questions you may have. We hope that you wi find this information hepfu. Our Housing Management Teams are here to hep you. If you have any questions about your ease, our services or your account, pease contact your Area Housing Manager. If your Area Housing Manager is unabe to give you an immediate answer they wi et you know how and when they wi ook to resove the issues you have raised. Pease note the contents of this handbook are not egay binding, and so do not affect the ease or any other egay binding document. If in doubt, you are advised to seek independent ega advice, no responsibiity can be accepted for any errors of omissions. 2

4 Aternative formats If you woud ike any of this information in arge print, Braie, on a CD or audio tape, or in a different anguage, pease ca your oca office. ARABIC BENGALI CHINESE FRENCH GUJARATI HINDI PANJABI POLISH PORTUGUESE SOMALI TAMIL URDU

5 Contents Page Contacting us 4 Moving in 7 Living in your home 12 Areas outside your home 17 Repairs and maintenance 22 Your ease and the rights it gives you 24 Your responsibiities as a easehoder 31 Hastoe s rights and duties as freehoder 34 Consutation 38 Service charges 41 Re-mortgaging, seing or subetting your property 50 Getting invoved 53 Putting things right 55 Jargon buster/gossary 59

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7 About Hastoe Hastoe Housing Association is a non-profit distributing Housing Association, registered as an industria and provident society and with the Housing Corporation. We are aso a member of the Nationa Housing Federation. A Charitabe Industria and Provident Society Registration number: 16243R Housing Corporation Registration number: L0018 Copies of our most recent annua report can be obtained from your regiona office. Hastoe s key objectives are to:- Provide good quaity properties, environments and services for residents at reasonabe cost to both residents and Hastoe. Buid additiona housing for those in need where shortages of affordabe housing exist. To expand the provision of rura housing. To be innovators in identifying new housing soutions. To contribute to sustainabiity. The roe of the Chief Executive The Chief Executive ensures that Hastoe executes a of its duties effectivey and professionay with good governance and in ine with the corporate objectives set by the Board. The Chief Executive is supported by 3 Directors and a senior eadership team to oversee the day to day running and staff of Hastoe. The Board Hastoe is governed by a Board of 13 members, who have a commitment to the aims of Hastoe. Equaity and diversity Hastoe takes its duty to promote equaity and diversity very seriousy. We recognise that as a service provider, good equaity practices wi make our services avaiabe to the widest possibe range of customers. We aso understand our responsibiities as an empoyer and as a procurer of contracts and services. Hastoe fuy supports the aim of the Equaity and Human Rights Commission to champion equaity and human rights for a, working to eiminate discrimination, reduce inequaity, protect human rights and to buid good reations, ensuring that everyone has a fair chance to participate in society. 2

8 Hastoe wi treat a our customers fairy and according to their needs. We have our own Equaity and Diversity poicy which we foow. The aw protects you from being discriminated against because of age, disabiity, marita status, sex, sexua orientation, race and reigion. Pease et us know if you fee that we have treated you unfairy or unawfuy. If you woud ike independent advice you can contact the Equaity and Human Rights Commission, an organisation set up by the Government to eiminate discrimination, reduce inequaity, buid good reations and protect human rights by going to or by teephoning their Hepine on What services does Hastoe provide? Hastoe owns, manages and maintains the housing stock. The services we provide incude: Estate management Tenancy management Housing management Repairs and maintenance Resident invovement Accounts management Preparation of projected and actua service charge statements If you need any assistance or information reating to your ease or service charges, pease contact your Area Housing Manager directy. 3

9 Section 1 Contacting us 4

10 Section 1 Contacting us South and Head Office Marina House 17 Marina Pace, Hampton Wick Kingston upon Thames Surrey KT1 4BH Lo-ca: Te: Fax: Emai: south@hastoe.com or for head office: Emai: info@hastoe.com Opening Times: 9am 5pm, Monday to Friday West Office Feur de Lis Middemarsh Street Poundbury Dorchester Dorset DT1 3GX Lo-ca: Te: Fax: Emai: west@hastoe.com Opening Times: 9am 5pm, Monday to Friday Miton Keynes Area Office Witan Court 319 Upper Fourth Street Miton Keynes Buckinghamshire MK9 1EH Lo-ca: Te: Fax: Emai: mitonkeynes@hastoe.com Opening Times: 9am 5pm, Monday to Friday East Office Rectory Farm Barns Litte Chesterford Saffron Waden Essex CB10 1UD Lo-ca: Te: Fax: Emai: east@hastoe.com Opening Times: 9am 5pm, Monday to Friday Write to our head office at: FREEPOST HASTOE Repairs Line: Lo-ca: or Te: Out of hours emergency number: 5pm to 9am; weekends and bank hoidays Lo-ca: Leasehoder Handbook v1.08 Hastoe Housing Association 5

11 Section 1 Contacting us If you want to: make payments using an Apay swipe card, you can ca Apay on and foow the automated instructions. tak to someone about your rent account, pease ca your oca office. If you are responding to a etter we have sent you, it wi incude the name of the person you need to contact and a phone number. If you ring that number, you wi get straight through to that person. If they are out of the office, you may get a voicemai where you can eave a message for them to ring you back. When you teephone us: We wi answer your query or put you through to someone who can. If we can t answer straight away, we wi get back to you on the next working day. If you ask for a specific member of staff and he or she is not avaiabe you can choose to eave a voicemai or message for them. They wi get back to you when they are next in the office (pease remember to eave your contact number). We wi arrange an interpreter to transate a conversation over the phone if you need it. Leasehoder Handbook v1.08 Hastoe Housing Association 6

12 Section 2 Moving in Being neighboury Shared areas The Respect standard Costs of running a home Insurance 7

13 Section 2 Moving in Being neighboury Now that you ve moved in, here are a few genera things to be aware of. Aways be considerate to your neighbours and remember that things you do may cause a nuisance for exampe: oud music or parties DIY noise shouting and swearing barking dogs aarms revving of engines hard fooring untidy gardens any other behaviour that causes or is ikey to cause harassment, aarm or distress, and is a breach of the terms and conditions of your ease. We expect you, your househod and your visitors to behave in a responsibe way and to respect other tenants and residents in your oca area. Pease be aware that as the Leasehoder you are aso responsibe for the behaviour of any tenants, and their visitors if you subet your property. We wi act if you or your househod do not behave appropriatey, cause nuisance or annoyance to others or act in an antisocia manner. If you are being disturbed by a neighbour, you shoud first approach them to see if there is a way to amicaby resove the situation. If the nuisance persists, you shoud write to your Area Housing Manager who wi advise you whether we can hep. In the extreme cease of unacceptabe conduct we have the power to begin court action for possession of the property, or to bring the ease or tenancy to a premature end. We cannot, however, deprive anyone of his or her home uness we foow specia court procedures, and even then it is very unusua for a court to grant such an order uness that person has wifuy broken the promises made in the ease or tenancy agreement, and make no effort to amend the situation. Leasehoder Handbook v1.08 Hastoe Housing Association 8

14 Section 2 Moving in Shared areas If you ive in a property where you share doors, stairs, gardens or any areas with other peope, then this is part of your home. It is your responsibiity, aong with the other residents iving there, to keep these areas secure, cean and tidy. Pease note a our communa areas are smoke free. The Respect standard The Respect programme was set up by the government to tacke antisocia behaviour and encourage respect. The aim is to create communities where peope can ive together, showing acceptance and poiteness towards each other. We have signed up to the Respect standard. This means that we wi respond quicky to tacke antisocia behaviour. We are working with the poice, councis and other groups to prevent probems. We are committed to giving advice and heping to find soutions for residents. We have put in pace new ways of deaing with reports and incidents of antisocia behaviour. We are aso providing more and better support for residents who are affected. We wi: use a range of preventative measures to reduce antisocia behaviour put the victim at the centre of anything we do investigate a compaints of antisocia behaviour aways have someone avaiabe during office hours to dea with antisocia behaviour. Leasehoder Handbook v1.08 Hastoe Housing Association 9

15 Section 2 Moving in Costs of running a home There are quite a ot of expenses associated with running a home, which you are responsibe for. Some of the charges that you wi need to pay, as we as your service charge, are: Counci Tax Contact your Loca Counci. Gas To find out who suppies your gas, ca the meter number hepine on Eectricity To find out who suppies your eectricity, contact your oca eectricity distribution company their number shoud be in the phone book under eectricity. You shoud ask for the company s meter point administration service. Water Your water provider is based on where you ive and cannot be changed. You can ring Water UK to find out who your provider is on Phone The phone ine shoud have been disconnected before you moved in. To connect the phone, you can contact British Teecom. Once you have a BT ine, you can decide which company you want to provide your phone service. TV icence You can ring the TV icensing company on or go to There are many different providers of most of these services, and it is up to you to decide which suit your needs the best. One of the ways to do this is to use an internet service ike which tes you a about your options. Leasehoder Handbook v1.08 Hastoe Housing Association 10

16 Section 2 Moving in Insurance What insurance do you need? There are two types of insurance poicies buidings insurance to protect against damage to the structure of your home together with its fixtures and fittings, and home contents insurance that protects you against damage or oss of your possessions. Buiding insurance When you purchase your fat, insurance cover is automaticay provided through Hastoe and you pay the buiding insurance premium in the service charge. A summary of the buiding insurance cover is avaiabe on request from your Area Housing Manager. If you need to make a caim under the poicy, you shoud either: contact the Caims Department of the insurance company and arrange to have the work carried out by your own contractor. In this instance you wi have to pay the contractor directy and await reimbursement from the insurers (ess the poicy excess) or contact Hastoe s Property Services Department who wi arrange to have the work carried out by an approved contractor. In this instance, you wi sti be required to pay the poicy excess but payment of the contractor s bi wi be paid directy by Hastoe. If the works needed are not covered by the insurance you wi be informed. There is an excess of 1, for any caim for subsidence and this wi be passed on through the service charge. If a buidings insurance caim is made for more than one fat we wi recover the poicy excess through the bock service charge. Home contents insurance Our insurance poicy does not cover damage to the contents of your home. You shoud make your own arrangements for cover. Leasehoder Handbook v1.08 Hastoe Housing Association 11

17 Looking after your home Section 3 Living in your home Reguar checks Safety In an emergency Going away Smoking Insurance Roof spaces Frost damage Pests 12

18 Section 3 Living in your home Looking after your home You have a responsibiity to keep your home in good condition by: keeping it cean and tidy both inside and outside keeping the inside we decorated keeping gardens cutivated, tidy and free from rubbish keeping the garden and dividing fences, was and hedges (except those next to pubic footpaths or roads) in good condition finding out what the rues are about bonfires before having one - the Environmenta Heath Department at your oca counci wi be abe to te you about this putting your rubbish out reguary and securey, on the day of the bin coection and compying with oca recycing arrangements parking consideratey repairing, at your own cost, any damage caused by you, your famiy; tenants or visitors reporting a repairs prompty ony making aterations with our permission, subject to the terms and provisions of your individua ease. Reguar checks You need to check your property reguary to keep it in good order. You shoud: test your smoke detector every week and change the battery every 12 months check your main stop tap and gate vaves every six months check the water system (pipes, bathrooms, toiets, kitchens, water tanks, radiators) for minor eaks every three months check pugs and fexes every month for wear and tear. Leasehoder Handbook v1.08 Hastoe Housing Association 13

19 Section 3 Living in your home Safety Here are just a few tips to keep you and your home safe. Ensure that you check your ease to see if approva from Hastoe is required before you make any aterations. Never run cabes under carpets or overoad sockets. Take care when smoking in your home and make sure you put cigarettes out. Make sure you know who is at your door before you open it. If in doubt, ask for identity and check with their office. Before you go to bed, turn off a appiances and cose a doors. Don t store fammabe iquids and gases within the home. Before you go out make sure that: you shut and ock doors and windows you cose curtains and eave a ight on at night you ock garden sheds you keep adders securey ocked away. In an emergency You need to know where the gas, water and eectricity suppies come into your home and how to turn them off in an emergency. Going away Before you go away you shoud: make sure that a your windows and doors are cosed and ocked adjust the heating so that you don t have to pay unnecessary costs, but aso so your pipes don t freeze make sure that a taps are off cance a deiveries of mik and newspapers. Leasehoder Handbook v1.08 Hastoe Housing Association 14

20 Section 3 Living in your home You shoud aso turn off your water at the stop tap and in winter drain down the water system to prevent fooding and pipes freezing. If you are going to be away for more than three weeks, run the taps for five minutes after turning off the stop tap to prevent the buid up of egionea bacteria. Smoking New aws say that you are not aowed to smoke in a pubic area. This incudes any shared areas, for exampe, stairways or entrance has. You can smoke in your own property, but pease do not smoke for at east an hour before you are expecting a visit from us or a contractor, or during a visit. Ony smoke in rooms where staff or contractors are not visiting. For more detais you can ask to see our smoke free poicy. Insurance It is very important that you get home contents insurance. You can read more about this in section 2 Moving in. Roof spaces We strongy recommend that you do not store items in the roof space. If you do, then you shoud not store items directy on the pasterboard surface between timber joists or where the item coud bock ventiation ducts as this coud resut in condensation. Frost damage Cod spes in winter can cause probems such as burst or frozen pipes. There are things you can do to avoid this. Heat your home and try to maintain a minimum temperature at a times. If you have centra heating with a thermostat, set it to at east 10 degrees. If your thermostat is in a haway, use the radiator in the ha or the temperature may not reach 10 degrees. If you are going away for a few days, try and have the heating on for at east a short time every day. If you are going away for a onger time you shoud drain the pipes to prevent pipes from bursting. Let warm air circuate to unheated parts of your home. Leasehoder Handbook v1.08 Hastoe Housing Association 15

21 Section 3 Living in your home If your pipes freeze: turn off the water at the stop tap turn your taps on switch off your immersion heater, if you have one, or turn off the boier If you have a burst pipe: turn off the water at the stop tap switch off the eectricity at the mains if water is coming into contact with wiring or fuses switch off your water heaters or centra heating turn your taps off phone for advice and hep if you are in a fat, warn your neighbours beow that water might seep into their home. Pests It is your responsibiity to dea with pest probems. For more information about how to dea with pests contact your oca Environmenta Heath Department. Leasehoder Handbook v1.08 Hastoe Housing Association 16

22 Section 4 What we wi do about: Areas outside your home Abandoned vehices Buk refuse Ceaning Estate inspections Garages Gardening Graffiti Parking 17

23 Section 4 Areas outside your home Areas outside your home We aways aim to make sure that the shared areas of your home and any gardens that we are responsibe for are maintained to a high standard. We want your home to be a nice pace to ive. How do I know if I shoud be receiving this service? Many of our tenants and easehoders who ive in fats or on an estate receive a ceaning or gardening service (or both) from us. If you are entited to receive this service you wi aready be paying a service charge for this on top of your weeky rent. If you pay a service charge we wi write to you every year and give you a breakdown of the different services that you are paying for in your service charge. However, if you do want to check on the estate services that you shoud be receiving, pease contact your Area Housing Manager. What we wi do Abandoned vehices We wi dea with nuisance caused by abandoned and iega vehices for the benefit of a tenants, easehoders and the wider community. These vehices are often in an unsafe condition and may pose a heath and safety risk. They can aso be a target for vandaism. From 1 January 2007 vehice manufacturers are responsibe for providing the ast owners of vehices with a free take-back service. The UK s two main authorised treatment faciities (ATF) providers are: Cartakeback ( Autogreen ( These organisations have been set up to make sure that a vehice is disposed of in a responsibe and awfu way, and that a necessary paperwork is competed. To quaify for this service the vehice must have its engine, coachwork, transmission, cataytic converter (if fitted) and whees, and must not contain any rubbish. Leasehoder Handbook v1.08 Hastoe Housing Association 18

24 Section 4 Areas outside your home Buk refuse If you have any arge items of furniture or domestic appiances (for exampe beds, fridges or wardrobes) that you want to get rid of, you shoud contact your oca counci to arrange for them to coect it and get rid of it propery. Most oca authorities offer either a free or ow-cost buk-refuse remova service. Do not use shared areas of your property for storing persona items. If we find persona beongings stored in shared areas we wi write to you and give notice that we wi remove these items as they may be a hazard if there is a fire. We wi: remove a abandoned buk refuse and give priority to refuse that may be a fire hazard add the costs of removing the refuse to the overa cost of your service charge uness we are abe to find out who is responsibe for dumping the refuse (if we are abe to identify the person responsibe, we can charge them the fu cost of removing the refuse, and an administration fee) normay take photographic evidence when arranging to cear abandoned buk refuse. Ceaning Members of staff wi visit reguary to check the quaity of the ceaning work. We wi often take photographs as part of this inspection, particuary if we want to draw our contractors attention to areas that need further attention. We wi: make sure that we have an appropriate arrangement in pace for a contractor to carry out this work treat you and your home (incuding any shared areas and gardens) with respect at a times visit reguary to cean shared areas eave a notice in the shared areas detaiing exacty what work the ceaners shoud be carrying out and how often, with space for the ceaner to sign and date when they have carried out the work. Leasehoder Handbook v1.08 Hastoe Housing Association 19

25 Section 4 Areas outside your home Estate inspections We wi carry out estate inspections to: identify repairs that need to be done in shared areas make sure that there are no heath and safety issues generay make sure that the area is being ooked after and ceaned to a satisfactory standard. These inspections wi be carried out at east annuay. You wi be given the opportunity to carry out the estate inspections with your Area Housing Manager. We wi work with the oca counci and other agencies to sort out any issues beyond our contro. Garages We have a number of garages that are avaiabe for etting to both our tenants, easehoders and non-residents. There is usuay a waiting ist and priority wi be given to our tenants. You shoud ony use your garage to store a vehice, uness we give you written permission to store other things in it. Gardening Members of staff wi visit reguary to check the quaity of the gardening work that is being carried out. We may take photographs as part of this inspection, particuary if we want to show our contractors areas that need further attention. We wi: mow any awn areas reguary and keep them at an appropriate height during the growing season make sure that any fowerbeds are panted with shrubs that are appropriate to the oca environment and that wi not normay need extra watering to grow we remove or treat weeds on paths and other paved areas with an approved weedkier cear eaves from paths and paved areas during the autumn months to reduce the risk of sips and fas prune hedges to keep them at an appropriate height and to stop branches from bocking footpaths check for and remove itter on each visit. Leasehoder Handbook v1.08 Hastoe Housing Association 20

26 Section 4 Areas outside your home Graffiti We wi remove offensive or obscene graffiti within 24 hours of being tod about it and within 7 days for a other graffiti. Parking If you own a car or motorbike and park it in a car park or bay we have provided, you must make sure it is roadworthy, propery taxed, icensed and insured. You must not park commercia vehices, caravans, boats and traiers and on any of our properties uness you have our written permission. You must aso not: repair vehices in a way that damages the premises or damages parking areas park in paces that are not authorised spaces bock roadways, access areas, footpaths or cause any other obstruction; or eave untaxed, unicensed or unroadworthy vehices, incuding those hoding a SORN (statutory off-road notification) on the premises, within parking areas set aside for tenants or on the pubic highway. We wi consut tenants and easehoders on any parking schemes that we set up, so that we can avoid careess parking on estates, arguments between neighbours about parking, vehices being dumped iegay and probems for emergency vehices if routes are bocked. Leasehoder Handbook v1.08 Hastoe Housing Association 21

27 Section 5 Repairs and maintenance 22

28 Section 5 Repairs and maintenance Repairs and maintenance As a easehoder you are responsibe for a of the interna repairs, maintenance and upkeep of a areas isted under your ease, and to externa areas isted as your responsibiity as to the demised premises. Hastoe is responsibe for the maintenance of the structure of the buiding and areas such as roof ties, guttering etc. This is in addition to any shared areas and faciities that we own. You wi be required to pay for any damage, that you; members of your househod; your tenants, if you subet; and visitors make. However from time to time, repairs may arise in the communa areas and shared faciities that are Hastoe s responsibiity. To report a repair, contact our repairs team on or (standard rate). To hep us provide you with an efficient service, pease have as much information as possibe ready before you phone. You wi be asked to describe the probem precisey, the ocation and any access information. Aternativey you can report a repair about the communa areas or shared faciities onine at any time using the Report a Repair section at Leasehoder Handbook v1.08 Hastoe Housing Association 23

29 Section 6 Your ease and the rights it gives you Your ease Other information your ease contains Can your ease be changed or amended? Your rights as a easehoder 24

30 Section 6 Your ease and the rights it gives you Your ease The ease is the ega document between you and Hastoe. It sets out the rights and responsibiities of Hastoe Housing Association (the andord) and the owner of the fat or maisonette (the easehoder). Your soicitor shoud have expained to you exacty what your ease means and the rights and obigations attached to it. The ease gives you a easehod interest in your home and expains your rights of ownership on the property. We own the freehod of the buiding and the and that the property is buit on. If you originay bought your fat from us as the first sae, the ease wi probaby be for a period of 125 years and wi have your name on the ease. If you bought your fat on the open market from another person, the ease wi have been assigned to you for the remainder of the origina term and you wi have a Notice of Assignment confirming that you have purchased the ease, and advise of the remaining ength of the ease. Pease note the origina owner s name wi remain on the origina ease. Your ease is an important ega document so keep it in a safe pace. The ease aso requires you to: pay the ground rent, service charge and major works costs as demanded not to make any aterations or additions to the structure incuding the drains, externa pipes and windows frames without Hastoe s written permission te us if you se or mortgage the fat not se part of the fat observe the conditions and reguations contained in your Lease send us a copy of any notices affecting the property. Leasehoder Handbook v1.08 Hastoe Housing Association 25

31 Section 6 Your ease and the rights it gives you What other information does the ease contain? The Lease wi aso describe the property that you have bought and wi contain pans showing detais of any garden, shed or garage and any rights, if any, over communa areas. There are five schedues to your ease The First Schedue detais the Easements or Rights incuded in the Transfer This schedue wi set out your rights, for exampe provide information on your right of ways. The Second Schedue detais the Exceptions and Reservations out of the Transfer This schedue wi set out Hastoe s rights of ways and powers reating to cabes, pipes, sewers etc. The Third Schedue detais the Restrictions and Stipuations of the Transfer. This schedue wi set out any ega restrictions that may appy to the Buiding and/or the estate. The Fourth Schedue detais the repairs, maintenance, servicing, costs and service charge obigations under the Transfer. This schedue wi set out what costs can be incuded in your service charge(s), both in the projected charges and the actua charges. The Fifth Schedue detais the encumbrances rights and interests (not being tenant s emcumbrances or burdens within the Transfer). This schedue wi set out the emcumbrances rights and interests. Can your Lease be changed or amended? The ony change that Hastoe may make without your permission, is the eve of service charges. Service charges are reviewed annuay and therefore the actua service charge bied may change. Any other changes to your ease may ony occur subject to agreement. Exception however may resut through a change in egisation or by instruction from a Leasehod Vauation Tribuna. Leasehoder Handbook v1.08 Hastoe Housing Association 26

32 Section 6 Your ease and the rights it gives you Your rights as a easehoder What are your rights? The ease sets out your main rights as a Leasehoder Your right to occupy Your ease gives you the right to occupy your property, subject to you compying with the terms and conditions of your ease. Your right to assign your ease Your ease gives you the right to assign your ease. However you must te Hastoe, otherwise we wi continue to charge you for the service charges and ground rent. Your right to subet your property Your ease gives you the right to sub-et your property. However you wi remain responsibe for paying a ground rent, major works costs, buiding insurance and service charges. You must aso ensure that your sub-tenants compy with a of the terms and conditions of your ease. In addition pease ensure that you: Get permission from Hastoe Provide Hastoe of your new contact detais, address, teephone number and emai detais, and/or the detais of any managing agents, etting agents or estate agents that wi be deaing with your property. Advise and obtain the appropriate permission from your mortgage ender. Your right to make improvements We recognise that you may wish to make improvements to your home. Non-structura improvements wi not normay require our prior approva but you shoud aways refer to your ease to check the approvas that may be required. In essence the ease does not aow you to make any structura aterations without Hastoe's permission. Leasehoder Handbook v1.08 Hastoe Housing Association 27

33 Section 6 Your ease and the rights it gives you A works shoud be carried out with due care and diigence and shoud: not cause a nuisance or annoyance to other residents where appropriate use an approved and registered quaified contractor where appropriate obtain the reevant buiding and/or panning consents not cause any damage to other properties, Hastoe s and, or interfere or cause damage to any communa areas ensure that there is sufficient insurance provision to indemnify Hastoe against any causes arising from the execution and competion of any works, aterations or improvements. Your right to buy the Freehod You and other easehoders in the buiding may wish to purchase the freehod of the buiding. You woud be required to set up a egay recognised company, and you shoud seek ega advice. You woud sti be a easehoder, but you woud become your own andord jointy with the other easehoders. The ega term for this process is caed Enfranchisement. You woud have the right to enfranchise if: The number of easehoders that participate shoud be equa to at east haf the tota number of dweings in the bock, and Not more than 25% of the interna foor area may be non residentia use or intended for non residentia use, and At east 2/3rds of the dweings in the buiding are occupied under ong eases. Structura improvements/aterations If you are considering undertaking any improvements or works that wi ater the structure of your fat (such as re-positioning a boier fue or instaing an extractor fan through the externa wa) you wi need to obtain Hastoe s approva in writing before the works begin. The procedure for approving structura improvements or aterations is as foows: you shoud obtain fu estimates you shoud ensure that the buider/contractor has a the necessary insurance cover Leasehoder Handbook v1.08 Hastoe Housing Association 28

34 Section 6 Your ease and the rights it gives you You shoud write to the Regiona Surveyor encosing detaied pans. A fee is payabe to Hastoe Housing Association you wi be advised of the amount. Pease aso encose a contact number in case the Regiona Surveyor needs to contact you, or needs to arrange to inspect the works. Hastoe wi respond within 1 caender month and where necessary may advise you of any additiona information/requirements needed. If permission is refused we wi provide you with an expanation. Repacing your windows If you wish to repace your own windows, specia conditions appy. Under the terms of the Lease, Hastoe is responsibe for the maintenance and repair of the exterior window frames. If tota renewa is necessary for the whoe window unit, Hastoe wi recover the costs through the bock service charge. If you wish to repace your own windows you must first enter into a icence agreement with Hastoe to aow you to undertake the works. The procedure for appying for a icence is the same as for structura improvements above. Hastoe wi ony approve your proposas if the windows meet our standard specifications. The Regiona Surveyor wi issue you with written permission authorising you to commence the works. Once the works have been competed, pease contact the Regiona Surveyor who wi inspect the works. If a is satisfactory, Hastoe wi sign and sea the icence and send you a copy. The icence is an important document, so pease keep it safe as you wi need it if you se your property. Aerias and Sateite dishes You wi need Hastoe s written permission before aowing any structure/attachment to be fitted to the outside of the buiding. In many areas the panning reguations ony aow one sateite dish to be attached to any bock of fats without prior panning permission. It is therefore our poicy to aow ony one sateite disk to be erected on each of our bocks, with our written permission. Hastoe wi not normay grant the situation of any dish to be sited on the front of any bock or in a position which is visuay obstructive, or on any estates where cabe teevision is avaiabe. Leasehoder Handbook v1.08 Hastoe Housing Association 29

35 Section 6 Your ease and the rights it gives you Your right to information A residents have the ega right to be tod about any changes in poicy, practices or procedures that might affect you. You may request copies of your ease, further information, some of which might be subject to an administration charge. Pease contact your Area Housing Manager for detais of charges. Your right to access persona information The Data Protection Act gives you the right to check any persona information that may be hed on your records. Hastoe may not show you any information that reates to, or identifies any third party, uness we have their written consent. If you woud ike to view any records that we hod on you, pease write to your Area Housing Manager. There wi be an administrative charge made for any copies of documentation. Your right to be consuted You have the right to be consuted before we make any decisions and decide costs, regarding proposed changes in poicy or practice or to the management or maintenance which may affect easehoders. The Landord and Tenancy Act 1985 (as amended by the Commonhod and Leasehod Reform Act 2002) Section 20, advises that you have the right to be consuted about major works and any ong-term contracts that we may enter into on your behaf. Hastoe is required to consut with you before we undertake any major works where your share of the costs exceeds 250 incusive of VAT, or where any ong term contract exceeds 12 months, and if your share of the cost exceeds 100 incusive of VAT. The Act aso aows you the opportunity to nominate a contractor to tender for the works. When you receive your Section 20 notice, pease read it carefuy and keep it in a safe pace, as it wi provide detais on ega consutation periods, the timescaes avaiabe for you to submit comments, an estimate of your individua costs, detais of the works, detais of contingencies, VAT and other detais reevant to the works. Leasehoder Handbook v1.08 Hastoe Housing Association 30

36 Section 7 Your responsibiities as a easehoder 31

37 Section 7 Your responsibiities as a easehoder Your responsibiities as a easehoder Your responsibiities are set out in your ease and in the schedue of your ease. Pease refer to your ease if you are unsure of any of your responsibiities. As a genera rue your responsibiities wi incude the maintenance and renewa of the interna was and partitions dividing rooms in the fat, except those which are oad bearing. If you wish to ater any was and you are in doubt, pease ask our regiona surveyor to inspect and advise you the doors and frames, whether interna or giving entry or exit to the fat. Where bacony doors are part of a combined unit with a window, specia rues appy. Specia arrangements for combined window and door units You own a the doors and door frames in your fat. Some moving doors form part of a combined window and door unit. In some instances, the construction of these units is such that the door frame cannot be distinguished from the rest of the unit. If we cannot effectivey repair or repace the window section of a combined window and door unit independenty of the door, we wi renew the whoe unit incuding the door. If this happens you wi be bied separatey for the door and the door frame, and the cost of the window section wi be recharged to the bock through the bock charge. You wi be responsibe for the future maintenance of the door section, the interna skin protecting the structure, e.g. paster work on the was and ceiings, foorboards and the joists between the foors in fats/maisonettes, the interna section of the window frames, the gass in the windows, a services, connections and instaations which are aid in any part of the bock but ony serve your fat, a fixtures and fittings in the fat. Leasehoder Handbook v1.08 Hastoe Housing Association 32

38 Section 7 Your responsibiities as a easehoder Other responsibiities The ease aso requires you to: Observe a of the conditions, schedues and terms contained in your ease. If you subet your property it wi remain your responsibiity to ensure a occupants compy with the conditions of the ease. Any nuisance caused by your tenants may be deemed as a breach of your ease. Ensure that neither you, members of your househod, incuding chidren, or your visitors behave in any way that is ikey to cause nuisance to your neighbours. Exampes of nuisance incude: Noise nuisance, music, tv, audio equipment. Uncontroed pets. Inappropriate storage of refuse or buk items. Repairing motor vehices in communa areas. Smoking in any communa areas. In addition your ease wi advise of your obigations to: Pay the ground rent, service charge and major works costs as demanded. Not to make any aterations or adaptations to the structure incuding drains, externa pipes and window frames, without Hastoe s written permission. To te Hastoe if you se or mortgage the fat. Send Hastoe a notices affecting the property. To keep the inside of your home and a of its fixtures and fittings in a good condition and repair. If you have bought your garage you are responsibe for the repair and maintenance (incuding renewa) of the interna wa surfaces and the whoe of the garage door frame, but not the main structure, foundations or roof. Leasehoder Handbook v1.08 Hastoe Housing Association 33

39 Section 8 Hastoe s rights and duties as freehoder Hastoe s rights and duties as freehoder The bock of fats or maisonette Garages Acts of Pariament 34

40 Section 8 Hastoe s rights and duties as freehoder Hastoe s rights and duties as freehoder Your ease identifies the Estate by the areas cooured in green on your ease pan. The bock of fats or maisonette Hastoe is responsibe for the structure and exterior of the bock in which the fat is situated. This incudes: The roof, foundations and structura was. The entrances and staircases incuding ceaning and ighting. Pipes, wires, cabes, sewers, gutters, drains, ventiation equipment, refuse equipment, a of which are used by the easehoder together with other residents in the bock and not for the excusive use of any fat. The ift (if any). The exterior of the window frames. Where we cannot repair the outside of window frames without carrying out works to the inside of the frame, the ease aows us to carry out additiona works. If the whoe frame and gass need repair or renewa we wi recharge the tota cost to the bock charge and not to individuas. Hastoe retains ownership of everything above the ceiings and beow the foor surfaces, incuding the main timbers and joists, and any oft in the main roof of the bock. Aso, for the safety of the bock we retain responsibiity for the oad bearing was and partitions and any main services and instaations which serve more than one fat. The outside of the window frames are not sod because there is a structura eement to the frames and aso to maintain a consistent appearance. Hastoe is aso responsibe for: Removing rubbish from the bock. Repainting and decorating the exterior of the bock every 5 years. Painting and decorating interior common parts of the bock every 7 years uness parts require ess reguar treatment. Keeping tidy and cear the access ways or forecourts serving the bock. Maintaining or erecting communa TV aerias (if any). Leasehoder Handbook v1.08 Hastoe Housing Association 35

41 Section 8 Hastoe s rights and duties as freehoder Maintaining and providing bock entry phones (if provided). Carrying out additiona work or services we consider necessary. Insuring the buiding (but not the contents). Maintaining, repairing and keeping tidy the communa areas and faciities. The ighting of roads and footpaths which are not the responsibiity of the oca authority (if ighting is provided). Paying of any rates or taxes due for the common area. Garages Where we se a garage with a fat, there wi be a service charge. Hastoe is responsibe for: Repairing, maintaining, renewing and ceaning the structure and exterior of the garage (excuding the garage doors and frames). Insuring the structure of the garage (not the contents). Carrying out any additiona works and services that are necessary. Where the garage is rented, Hastoe s responsibiities are set out in the garage tenancy agreement. Acts of Pariament As andord, Hastoe must compy with a reevant aws. The main Acts of Pariament incude: Landord and Tenant Acts 1985 and 1987 The Acts: expain the phrases service charge and reevant cost set the amounts that Hastoe can spend through the service charge without asking you say that Hastoe have to give you a written summary of our insurance if you ask for one say that Hastoe have to provide a summary of how we have used the service charge and aow you to ook at and copy invoices say that Hastoe can ony use the service charge to cover reasonabe costs. Leasehoder Handbook v1.08 Hastoe Housing Association 36

42 Section 8 Hastoe s rights and duties as freehoder Housing Act 1996 This Act: aows you to increase the years on your ease gives jurisdiction for Leasehod Vauation Tribunas to determine service charge disputes and appications for the appointment of a manager Leasehod Reform, Housing and Urban Deveopment Act 1993 This Act: gives easehoders the right to a management audit in certain circumstances aows the secretary of State to ay down codes of practice for managing easehod property gives ong easehoders of fats the coective right to buy their freehod and the individua right to renew their eases Commonhod and Leasehod Reform Act 2002 This Act: widens the roe of the Leasehod Vauation Tribuna makes it easier for easehoders to buy the freehod of their bock, to extend their ease and to exercise the right to manage audited service charge accounts to become mandatory annua statement of rights Leasehoder Handbook v1.08 Hastoe Housing Association 37

43 Section 9 Consutation Consutation Consuting you on major works and quaifying ong term agreements 38

44 Section 9 Consutation Consutation Hastoe wi consut with you about any proposas which might affect your home and the way that it is managed. We wi aso et you know about any proposed changes by either: Writing to you giving detais of the proposed changes, Arranging a meeting for a residents, Visiting you in your home, or Consuting you via the Residents Association or regiona committee Hastoe wi fuy consider your views before introducing any changes. We wi aso consut with you about any of the foowing: Major works or redecoration Arrangement of any ong term contracts Any works that exceed a statutory imit per fat Consuting you on quaifying works and quaifying ong-term agreements. (Major Works) Under Section 20 and 20ZA of the Landord and Tenant Act 1985 ( as amended by S151 of the Commonhod and Leasehod Reform Act 2002) and by the requirements set down in The Service Charges (Consutation Requirements) (Engand) Reguations 2003, Hastoe is required to consut with easehoders if it intends to carry out any works over a certain vaue. These works are caed quaifying works and quaifying ong term agreements, but are more commony referred to as major works. What are quaifying works Any works that Hastoe might carry out to: Repairing the structure of the buiding such as the roof. Any instaation on the bock e.g. ifts Undertaking any work to the exterior of the bock e.g. externa decorations. Hastoe must now consut with easehoders about any quaifying works, where a easehoder wi be charged more than 250 towards costs of the works. Leasehoder Handbook v1.08 Hastoe Housing Association 39

45 Section 9 Consutation What is a quaifying ong term agreement Section 20ZA(2) of the Landord and Tenant Act 1985 requires that Hastoe consut with you on any ong-term agreements (a period of more than 12 months) that Hastoe may enter into, where the contribution of each individua easehoder is more than In the above cases, Hastoe wi serve a forma Section 20 notice which detais the works, your projected/estimated contribution under the terms of your ease, the duration of the consutation period, notification of any resident meetings, and provide you with detais of your right to nominate a contractor to undertake the works. Leasehoder Handbook v1.08 Hastoe Housing Association 40

46 Section 10 Service charge payment options What other costs are you responsibe for? Service charges How are the service charge costs divided between residents? What do the service charges pay for? Access to service charge information What to do if you have difficuty in paying the service charge 41

47 Section 10 Service charges Service charges The ease requires you to pay your share of Hastoe s costs for providing the services, incuding maintaining and repairing the structure of the buiding, the garage or shed (if any) and the common parts of the bock which incude has, corridors or entrance doors to the buiding and externa communa areas. It is a ega duty and faiure to pay your service charges wi resut in a breach of your ease agreement. For reference the service charges may aso incude charge for exampe: day to day repairs and maintenance ceaning of communa areas andord s ighting to communa areas buiding insurance caretaking maintenance and repair of door entry systems management fees audit fees. You may or may not have to pay a of these charges, it wi depend on where you ive and the services provided. Your service charge statement wi indicate the charges you are responsibe for. If you fai to make payment, Hastoe can appy to a easehod tribuna and then to the courts to have your ease forfeited. This coud resut in the oss of your home. It is therefore important that you contact Hastoe if you are experiencing financia difficuties, so that we can jointy agree the best method to recover the debt. A summary of your rights and obigations wi be sent to you with your projected and actua service charge statements. Service charge payment options Hastoe has a number of payments options avaiabe to enabe you to pay your service charges, they incude: Debit/credit card You can pay via Aternativey if you have requested an Apay card from your regiona office, you can ca the Apay 24 hour payment ine and foow the automated instructions for debit card payments ony. Leasehoder Handbook v1.08 Hastoe Housing Association 42

48 Section 10 Service charges Standing order Pease contact your oca office and ask for a standing order form, or see beow. Internet/teephone banking You can set up either a standing order or a one off payment using the detais beow. Pease ensure you quote your 6 digit tenant or easehoder number as the reference. For a standing order our sort code is , account number For a one off payment our sort code is , account number Cheques Pease make cheques payabe to Hastoe Housing Association Limited. Pease put your easehod reference number and address and postcode on the back. Office payment You can pay at any oca office. Pease do not send cash in the post. What other costs are you responsibe for? In addition to your service charge, you wi have to pay a ground rent and your share of any major works that are competed on your estate or in your bock. How is the service charge costs divided between residents? On estates where there is more than one bock, the service charge is divided into two parts: 1. Estate Charges This covers a charges bied to the common parts and faciities of the estate. The estate charge is divided equay between a homes on the estate. For exampe, on one estate we have 218 houses and fats, and each contributes 0.46% (1/218) of the tota estate costs. 2. Bock Charges When the Right to Buy was introduced in 1980, each fat in your bock was aocated a percentage in ine with its rateabe vaue, reative to the rateabe vaues of a the fats in the bock. This percentage is quoted in your ease. Each easehoder is required to contribute that percentage to the tota cost of services, repairs and maintenance in the bock. For exampe, if there are 15 bocks of fats and in one of these bocks there are 8 fats. The tota percentage for the 8 fats is 100% which is made up of 8 fats at 12.5%. If just one of the fats in this bock had been sod, then when the costs were apportioned, Hastoe woud pay the percentage attributed to the rented fats (87.5%) and the easehoder woud pay 12.5%. Leasehoder Handbook v1.08 Hastoe Housing Association 43

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