FACTORING POLICY. Craigdale Housing Association Ltd 83/85 Dougrie Road Castlemilk Glasgow, G45-9NS

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1 2013 FACTORING POLICY Craigdale Housing Association Ltd 83/85 Dougrie Road Castlemilk Glasgow, G45-9NS Date approved by Policy Sub-Committee: 5/12/12 Date ratified by full Management Committee: 7/2/13 Date staff training: 13/3/13 Date of next review: 2018

2 INTRODUCTION This policy sets out the principals behind which Craigdale Housing Association will operate its factoring service. The Factoring service will provide a wide range of professional services to owners living in shared occupancy buildings or estates. The underlying aims of providing the service will be to provide a safe, high quality living environment for all occupiers and visitors, ensuring that the fabric of building and common areas are maintained to a high standard. LEGISLATIVE BACKGROUND Factoring services are governed by a wide range of legislation, however in most cases the title conditions will set out the way in which the management of the common areas will be carried out. In some cases where the title conditions do not set out a method of managing the common areas the occupants can agree to a factor being appointed. The Association will offer its services in these situations at the discretion of the Management Committee. Where a unanimous decision cannot be reached with owners to participate in a factoring scheme the Association will consider enforcing a tenement management scheme under the terms of The Tenements (Scotland) Act The Association will operate its Factoring service in accordance with good practice and Scottish Housing Regulators guidance. POLICY OBJECTIVES To manage factored properties and estates efficiently and effectively To ensure that debts and operating costs are pursued fairly in accordance with agreements. To monitor and report performance of the factoring service quarterly. To ensure an effective dialogue with owners is maintained. Page 2 of 16

3 REGULATORY AND GOOD PRACTICE REQUIREMENTS This policy has been written using best practice guidance and aims to comply fully with these and the requirements of legislation. The policy therefore seeks to fully comply with the Scottish Government s Scottish Social Housing Charter: Scottish Social Housing Charter Standard No. 1: Equalities Scottish Social Housing Charter Standard No. 2: Communication Scottish Social Housing Charter Standard No. 3: Participation Scottish Social Housing Charter Standard No. 13: Value for Money Social landlords perform all aspects of their housing services so that: every tenant and other customer has their individual needs recognised, is treated fairly and with respect, and receives fair access to housing and housing services. Social landlords manage their businesses so that: tenants and other customers find it easy to communicate with their landlord and get the information they need about their landlord, how and why it makes decisions and the services it provides. Social landlords manage their businesses so that: tenants and other customers find it easy to participate in and influence their landlord's decisions at a level they feel comfortable with. Social landlords manage all aspects of their businesses so that: tenants, owners and other customers receive services that provide continually improving value for the rent and other charges they pay. FLOAT A service float of is charged to all incoming owners. This sum is refundable when the owner sells their property, provided there are no outstanding arrears. In the case of an arrear the float will be offset against it and any credit balances refunded to the owner. When an owner sells the property, their Solicitor shall notify the Association of the date of sale and identify the successor to the ownership. FACTORING SERVICES The Association aims to provide a comprehensive factoring service. The following services will be offered. Page 3 of 16

4 BUILDING INSURANCE The Association operates a common block Building Insurance Policy which covers full reinstatement value. Owners will be able to take advantage of the Association s buildings insurance policy. The Association s Block Policy is currently with Zurich Municipal and covers the following: The Policy provides indemnity to leaseholders against the following events: fire, lightning, explosion, aircraft, riot and civil commotion, malicious persons, earthquake, subterranean fire, storm, flood, escape of water, falling trees, impact, theft, leakage of oil, breakage or collapse of aerials, fixed glass, accidental damage, supply pipes and cables, loss of metered water, subsidence, ground heave or landslip. See Appendix 1 for summary of details. Repairs met through insurance will not be charged on common charges. Insurance excesses are applicable and owners will be liable for their share of same, and billed via common charge invoices. Owners should note that cover does not include personal effects, floor coverings, furniture, etc, and it is their responsibility to ensure that they are adequately covered in this respect by Household Contents Insurance. Owners have a duty to insure the property they live in and its common parts for the full replacement and rebuilding costs associated with any fire or other event. Owners who do not wish to join the Association s building insurance policy must insure their property in accordance with the Tenements (Scotland) Act 2004 (prescribed risks) order They must also provide proof of having purchased insurance cover annually. IF THE OWNER NEEDS TO MAKE A CLAIM, PLEASE CONTACT THE ASSOCIATION AT THEIR ADDRESS. CLAIMS ARE TO BE NOTIFIED AS SOON AS POSSIBLE, WITH FULL DETAILS TO BE PROVIDED WITHIN 30 DAYS OF THE CLAIM (7 DAYS IN RESPECT OF RIOT OR MALICIOUS DAMAGE) INCLUDING SUPPORTING EVIDENCE IN WRITING. THE POLICE MUST BE NOTIFIED AS SOON AS POSSIBLE IN THE EVENT OF THEFT OR MALICIOUS DAMAGE. Where owners have failed to pay their building insurance premium within the factoring period the Association may: a) Not process any private claims made by the owner. b) Where relevant, notify owners lenders that the property is not covered under the Association block insurance policy. Page 4 of 16

5 PROPERTY SERVICE In order to maintain the property to a high standard it is necessary to identify and carry out repairs. Routine Routine Common Repairs will be instructed and carried out as deemed necessary by the Association. Owners will be recharged for their share of each common job. The calculation will be based on the percentage quoted in the Deeds of Conditions. Private Where requested, the Association will provide verbal advice and guidance to owners in situations where non-communal repairs are involved. In particular the Association will make available its approved contractors list to owners. However the Association cannot be held liable for the quality of work provided by our contractor. The Association may arrange non-communal repairs at the request of proprietors. Owners would be fully responsible for any costs involved and would be required to pay full costs in advance of the work being instructed. The Association will offer through its contractors the facility to have annual gas servicing carried out for gas heating systems. This would be charged at cost and would be payable in advance. Emergency Callouts/Repairs If an Owner or the tenant of the owner contacts the Association during emergency hours, the Owner or tenant will be re-charged for the call-out and any subsequent repairs and material costs to repair the problem. It will be a requirement that a mandate from owner/tenant agreeing to pay costs is signed prior to commencement of works. Review of Contractors A regular review of all Maintenance Contractors in line with the Associations Maintenance Policy will be carried out by the Association to ensure that prices charged are competitive and reasonable and that workmanship is up to standard. The outcome of this review will be reported to the Management Committee to ensure that the highest possible standards of repair are maintained and to achieve value for money. Page 5 of 16

6 CYCLICAL SERVICES To allow all residents to live in well managed and maintained housing, the Association will ensure that the estate management services are planned, implemented, regularly inspected to the highest possible standard and that estate management issues are acted upon immediately. The Cyclical Service Fee will include: Service Charges: Garden Maintenance: Environmental Maintenance: Stair Cleaning Services: Relate to charges imposed by Scottish Power and Glasgow City Council for door entry, stairlighting and tv amps. The grass areas are cut, the shrub beds weeded and delittering of all common areas (January-December). Relate to de-littering, bulk removal, bin store cleaning, airspace cleaning, sweeping of backcourts etc. The common stairs are brushed and washed once per week, the common glass and tiles washed once per month. PLANNED MAINTENANCE The Association has an extensive annual planned maintenance programme which involves inspection and repair works to common items like electrical inspections, external painting of soffits, fences, clothes poles, internal painting of common closes etc. The Association will endeavour to notify owners prior to the commencement of works detailing the sums involved. In properties where the Association are majority owners, we will instruct these works. Where this is not the case, owners will be consulted and works will be instructed to majority decisions. If the fabric of the building (including internal decoration) is at risk then the Association will instruct the work and recover costs of owners shares via the factoring billing process. MAJOR REPAIRS This relates to works to replace or repair building components which have come to the end of their economic life or which are defective. Major repairs might also be needed as a result of changes in the law or building regulations and are mainly one-off contracts such as renewing roofs, windows, external doors, kitchens and bathrooms, etc. In circumstances where major component replacement is required, the Association will advise owners in advance of: a) Scale of work b) Planned timescales c) Likely costs Page 6 of 16

7 MANAGEMENT FEE The Management Fee will be reviewed periodically by Craigdale Housing Association Ltd to ensure it accurately reflects actual costs incurred. The Management Fee is a charge made by the Association to cover the costs of managing owners property. The Management Fee is currently The services provided for within the Management Fee covers:- All property management administration Open door policy for owners to report repairs or discuss factoring issues. Administration of Building Insurance, premiums and claims Copy invoices free of charge An inspection and advisory service Issuing six monthly factoring accounts Debt recovery process Holding close meetings as required ESTATE MANAGEMENT Estate management is carried out to allow all residents to live in well managed and maintained housing. The Association will ensure that the estate management services are planned, implemented, regularly inspected to the highest possible standard and that estate management issues are acted upon immediately. All complaints will be treated in confidence and in a professional manner with appropriate action taken. The action may take the form of: (a) (b) (c) (d) (e) (f) (g) noting the complaint with no action required standard letter sent house visit/interview involving other agencies e.g. police, social work close/committee meetings issue warning letters legal action In the case of Estate Management issues and Absentee Landlords the following will apply: (a) in the event of a complaint against the tenant of the Absentee Landlord, a letter will be sent to the tenant. Page 7 of 16

8 (b) (c) Should there be no response/action undertaken by the tenant, a letter will be sent to the Absentee Landlord. In this circumstance, an administration charge of will be recharged to the Absentee Landlord. Should there be no response/action undertaken from the Absentee Landlord, the Association will instruct their Solicitor s to send out a letter out-lining the legal obligations of the Absentee Landlord. A full and comprehensive copy of the Estate Management Policy can be obtained on request from the Association. FACTORING ACCOUNTS Factoring accounts will be sent out twice yearly generally April and October. include:- Accounts will o Building Insurance o Property Services o Cyclical Services o Planned Maintenance o Management Fee It is not our practice to issue copies of repair invoices relating to factoring accounts, however owners are invited to inspect any relevant accounts at the office. A flat fee of 50 & VAT will be charged to lending authorities requesting copies of key documents in relation to renovation works. PAYMENT OF FACTORING ACCOUNT Owners are expected to pay their accounts promptly. The date that the Association receives payment or installment is the date listed on our bank statement - not the date the owner makes the payment. Payment can be made by cheque or cash at the Association s office. Payment can be made by bank giro slips at the Bank of Scotland, 82 Main Street, Rutherglen which can be obtained from the Association s office. Payments via installments are permitted provided that this has been agreed with the Housing Administrator and the sum covers the current account, any outstanding building insurance premium and, if relevant, assist to reduce any arrears outstanding. The installment figure shall be reviewed at the commencement of each factoring period. A Standing Order payment scheme is in operation. Details can be obtained from the Association s office. SHOULD YOU HAVE ANY DIFFICULTY PAYING YOUR ACCOUNT THEN PLEASE CONTACT US IMMEDIATELY, SO THAT WE CAN OFFER ASSISTANCE. Page 8 of 16

9 FACTORING ARREARS The Association will always pursue owners who fail to pay their accounts. A sequence of action will be carried out when an account is outstanding. Any expenses incurred from legal actions will be levied to the owners account. Reminders Charges Applicable Issue Invoice 21 days to clear account No Charge Applicable 1 st Reminder 14 days to clear account No Charge Applicable 2 nd Reminder 07 days to clear account No Charge Applicable 3 rd Reminder Office Interview Late Payment Charge Applicable 4 th Reminder House Visit Late Payment Charge Applicable 5 th Reminder Finance Sub/Management Committee 6 th Reminder Sheriff Officers instructed to issue 7 day letter Late Payment Charge Applicable Late Payment Charge/Legal Expenses Applicable 7 th Reminder Court action instructed Late Payment Charge/Legal Expenses Applicable A charge for late payment will be added to the account on issue of 3 rd Reminder. Further reminders will also include a late payment charge of per letter. Legal Action If Court action is instructed these are some of the actions that the Sheriff Officer can implement on our behalf to recover payments. (a) Payment Decree (b) Wage Arrestment (c) Speculative Arrestment (d) Rent Arrestment The Sheriff awarding a payment decree which states a specific sum to be paid by the owner per week/month. Legal action will take the form of either the Sheriff awarding a wage arrestment in favour of Craigdale Housing Association Ltd specifying a weekly sum. If the Association does not have employment details to carry out a straight Wage Arrestment the Sheriff Officer will be instructed to implement a Speculative Arrestment to recover the outstanding balance from the owner s bank account. Legal action will take the form of the Sheriff Officer arresting the rent of the owner s sub-letting tenant. Page 9 of 16

10 (e) Attachment If the owner fails to adhere to the payment decree, the Management Committee shall recommend that an Attachment is carried out. The Association shall instruct the Sheriff Officer to enforce the Attachment decree and offset any monies received against the factoring arrears. (f) Serve an Inhibition The Association shall serve an Inhibition Order thus preventing the owner selling the property without settling the outstanding factoring debts. The order shall last the duration of 5 years. (g) Sequestrate When an owner has an outstanding debt of 3,000 or more, the Association will initiate action to declare the owner bankrupt. Former Owner Arrears Craigdale will pursue former owners for outstanding common charges. address is available, a Collection Agent may be used to trace the owner. Where no forwarding Factoring charges will only be written off if the owner cannot be traced. Write offs must be approved by the Finance Sub-Committee and ratified by the Management Committee. REPORTING Quarterly reports will be presented to the Finance Sub-Committee and made available to all factored owners on request. These will include: The value of work invoiced in period The value of outstanding accounts Details of legal action being pursued Page 10 of 16

11 ALTERATIONS Any major alteration to a flat is bound to need permission of some kind or other. Whilst an owner does not need permission to redecorate, or to renew kitchen units, permission is required for any work involving any area that affects the common part of the property, building or demolition of walls, building or moving a bathroom or toilet, changing windows, external doors, changing the use of the flat etc. In some respects a Building Warrant or Planning Permission will be required. More generally, the Common Interest may have relevance, requiring notification of proposals to other owners in the tenement. Owners proposing to carry out major alterations are required to notify the Association (as a coowner) giving the Association an opportunity to extend services and advice. INFORMATION & CONSULTATION The Association will keep all factored owners informed of its activities through a variety of methods including: Owners factored by the Association will receive copies of our newsletters and annual report. The Association or its factored owners will arrange ad hoc meetings regarding the factoring service. Regular reports will be presented to the Association s Finance Sub-Committee and Management Committee which reports the activities carried out to factored property. Copies of our policies, strategies, and minutes of meetings will be made available to tenants and owners. The only time we can t give out copies is when the document contains sensitive. OWNER S RESPONSIBILITIES Whilst the Association is committed to providing factored owners with a first class factoring service it should be remembered that owners are responsible for their property and that the Association can only provide services within the factoring statement of service. Owners are required to pay for services and repairs in line with deed of conditions/factoring agreement. QUERIES AND DISPUTES Any and all queries and disputes pertaining to factoring invoices must be made in writing within 14 days of the issue date. The Association undertakes to respond within 7 days of notification. Page 11 of 16

12 COMPLAINTS Craigdale Housing Association operates a Complaints Policy that is open and transparent. Should any customer or service user feel the need to make a complaint against an individual or the organisation, the complaints policy and procedure will be implemented. In keeping records about complaints and in allowing access to our files we will comply with the legislative requirements including, Access to Person at Files Act 1987 and Data Protection Act EQUAL OPPORTUNITIES Craigdale Housing Association is committed to providing fair and equal treatment to all our customers. The Association will not discriminate against anyone on the grounds of Age, Disability, Marriage & Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Gender (referred to as Sex), Gender Reassignment, and Sexual Orientation. We will offer customers a range of options for communicating with us, since requiring to contact us may have to be in writing and this may be a deterrent, for example for people with poor literacy skills, visual impairment, or where first language is not English. We will monitor use of our policy and procedure for ethnic origin and disability to ensure that our procedures deliver fair outcomes for different groups of customers. OWNERS FACTORING AGREEMENT Each owner will be encouraged to sign a factoring agreement. At change of ownership, solicitors acting for the new owner will be sent a factoring agreement to be signed immediately to allow records to be updated accurately. REVIEW The policy shall be reviewed every five years and amended by agreement with all parties. Page 12 of 16

13 CONTACT ADDRESS Craigdale Housing Association Ltd Dougrie Road Castlemilk Glasgow, G45-9NS Tel No: Fax No: Page 13 of 16

14 APPENDIX 1 SUMMARY OF COVER HOUSING POLICY (including Factored Housing) Policy Number: JHA-22S Insurer: Zurich Municipal Policyholder: Craigdale Housing Association Period of Insurance: From: 1st April 2012 To: 31 st March 2013 This is a summary of the significant features, benefits and limitations of the cover provided to leaseholders or shared owners by Zurich Municipal s Housing policy. The full terms, conditions or exclusions are shown in the Policy Document, which can be obtained from Zurich Municipal. Type of insurance and cover The Policy provides indemnity to leaseholders against the following events: fire, lightning, explosion, aircraft, riot and civil commotion, malicious persons, earthquake, subterranean fire, storm, flood, escape of water, falling trees, impact, theft, leakage of oil, breakage or collapse of aerials, fixed glass, accidental damage, supply pipes and cables, loss of metered water, subsidence, ground heave or landslip. Significant features and benefits 1. Architects surveyors and legal fees 2. Removal of debris 3. Additional costs incurred to comply with government or local authority requirements 4. Loss of rent and additional costs of temporary accommodation up to 20% of the Building sum insured. Significant or unusual exclusions or limitations 1. Excess The first 50 applies each and every loss in respect of all insured perils. 2. Storm or Flood Damage caused by frost, subsidence, ground heave or landslip. Damage attributable solely to changes in the water table level. Damage in respect of fences and gates. 3. Unoccupied Properties Damage caused by Escape of Water, Malicious Persons, Theft or Accidental Damage in respect of Buildings which have been empty or not in use - for more than 120 consecutive days (full exclusion) - for more than 60 consecutive days (the first 500 of each and every loss) 4. Subsidence, Ground Heave or Landslip The first 1,000 of each and every loss in respect of Buildings. Damage in respect of patios terraces swimming pools tennis courts walls gates and fences unless also affecting a Housing Property as defined by the Policy. Damage caused by: - The normal settlement or bedding down of new structures Page 14 of 16

15 - The settlement or movement of made up ground - Coastal or river erosion - Defective design or workmanship or the use of defective materials - Damage resulting from demolition, construction, structural alteration or repair of any property, or groundworks or excavation at the site of the Buildings 5. General Insurance Exclusions Loss or Damage caused by: - Ionising radiation or contamination by radioactivity - War invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power - Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds 6. Pollution or Contamination Damage caused by pollution or contamination other than that which itself arises from a contingency hereby insured against or a contingency hereby insured against which itself arises from pollution or contamination. 7. Terrorism (by endorsement) 8. Date Related Incidents (by endorsement) Other Interests The Policy contains a blanket admission of interest clause, applicable where the Policyholder so intends. This will apply in respect of interests such as that of shared owner, freeholder, building society or mortgagee, with the nature of such interest to be disclosed in the event of loss. Claim notification If you want to make a claim, please contact the Policyholder at their address. Claims are to be notified as soon as possible, with full details to be provided within 30 days of the claim (7 days in respect of riot or malicious damage) including supporting evidence in writing. The Police must be notified as soon as possible in the event of theft or malicious damage. Cancellation Rights This policy does not entitle you to a cooling-off period. Complaints Procedure We want to provide a first class service. If you have any cause for complaint you should, in the first instance, contact either the Policyholder or Zurich Municipal on Please quote the details of your policy (your surname and initials, policy number, departmental reference, etc). If you remain dissatisfied with the response, we will refer your complaint to our Customer Relations Team for a separate review. They will notify you once they receive your complaint and will provide you with a final response when they have completed their inquiries. If we are unable to resolve your complaint to your satisfaction within 8 weeks, or if we have provided you with a final decision letter, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). This is a free and impartial service. Page 15 of 16

16 The FOS can be contacted on or ed at The FOS will only consider your complaint if, at the time of notification, you are a private individual, a business with a group annual turnover of less than 1 million, a charity with an annual income of less than 1 million or a trustee of a trust with a net asset value of less than 1 million. Following the Complaints Procedure does not affect your legal rights. Financial Services Compensation Scheme (FSCS) We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation should we be unable to meet our obligations. You may contact the FSCS on or further information is available at Law applicable to the contract UK law allows both you and us to choose the law applicable to the contract. The contract will be subject to the relevant law of the United Kingdom, the Isle of Man or the Channel Islands relating to your address as shown in the schedule. If there is any dispute as to which law applies it shall be English law. How we will use your data Zurich Insurance plc holds data in accordance with the Data Protection Act It may be necessary for us to pass data to other organisations that supply products and services associated with this contract of insurance. In order to verify information, or to prevent and detect fraud, we may share information you give us with other organisations and public bodies, including the Police, accessing and updating various databases. If you give us false or inaccurate information and we suspect fraud, we will record this and the information will be available to other organisations that have access to the database(s). We can supply details of the databases we access or contribute to, on request. Zurich Municipal is a trading name of Zurich Insurance plc. A public limited company incorporated in Ireland Registration No Registered Office: Zurich House, Ballsbridge Park, Dublin 4, Ireland. UK branch registered in England and Wales Registration No. BR7985. UK Branch Head Office: The Zurich Centre, 3000 Parkway, Whiteley, Fareham, Hampshire PO15 7JZ. Authorised by the Irish Financial Regulator and subject to limited regulation by the Financial Services Authority. Details about the extent of our regulation by the Financial Services Authority are available from us on request. (HA RTB Sept 09) Page 16 of 16

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