POLICY & PROCEDURE PROPERTY AND ESTATE MANAGEMENT (FACTORING) POLICY. REPAIRS & MAINTENANCE Page 1 of 13 AUGUST 2012 AUGUST 2015

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1 POLICY & PROCEDURE PROPERTY AND ESTATE MANAGEMENT (FACTORING) POLICY REPAIRS & MAINTENANCE Page 1 of 13 POLICY OUTLINE Grampian Housing Association offers a range of estate and property management (factoring) services to owners, sharing owners and others. This includes, but is not restricted to, the following activities: Cleaning (internal common parts only); Landscaping and open space maintenance; Common repairs including responsive, cyclical and planned maintenance; Buildings insurance; Information and advice; Accounts and arrears management; Owner consultation; Cyclical maintenance/sinking fund; and General estate management and services. The type, content and quality of service can be varied to meet both the clients needs and those of a particular scheme. Services are provided to keep the common parts of estates or buildings in good condition. The broad aim of the service is to protect the interests of owners and the Association, whilst contributing to the Association s wider role and the diversification of its business. Related Policies Maintenance Equal Opportunities (service provision) Housing & Property Services Commissioning Estate Management Accounting & Financial Systems Factoring Arrears & Debt Recovery MAN/500/-- ADM/103/-- MAN/ HMG/603/-- FGP/400/-- HMG/609/--

2 REPAIRS & MAINTENANCE Page 1 of 13 POLICY SCOPE This property and estate management (factoring) policy covers activities undertaken by Grampian Housing Association to owners, sharing owners and others to improve and maintain communal areas. These activities include, but are not restricted to: Cleaning (internal common parts only); Landscaping and open space maintenance; Common repairs including responsive, cyclical and planned maintenance; Buildings insurance; Information and advice; Accounts and arrears management; Owner consultation; Cyclical maintenance/sinking fund; and General estate management and services. Corporate and Strategic links This policy assists the Association to meet its Corporate and Strategic aims and priorities. In particular the following strategic aims: to improve and protect the financial and operational robustness of core [housing association] services whilst ensuring community and tenancy sustainment ; and to deliver locally and nationally a more diverse business model for Grampian that meets core housing need, addresses inequality, connects with all sectors of the economy Aims The overall aim of the property and estate management (factoring) policy is to ensure effective, efficient management of resources to ensure that value for money is achieved, customer satisfaction continually improved and all legal requirements met. Objectives and principles Specifically the objectives of the policy are: to ensure that customer expectations are met and continually improved; to ensure that the Association maximises value for money when contracting out services; and to ensure that all legal requirements regarding property and estate management (factoring) are met. The principles underpinning the policy are: to be clear and transparent in what standards will be achieved for all customers;

3 REPAIRS & MAINTENANCE Page 2 of 13 to meet and, where possible, exceed all legal duties, regulatory requirements and good practice standards; to ensure that staff receive the necessary training to allow them to carry out the roles expected of them; and to communicate with customers using easy to understand language. Property factor The term property factor relates to all property and land managers operating in Scotland, whether they are private businesses, local authorities or housing associations and regardless of whether or not they charge for the services provided. Legal responsibilities The Property Factors (Scotland) Act 2011 determines much of the administrative and good governance processes relating to modern property and estate management (factoring) services. To breach the requirements of this Act may be a criminal offence. However, the Deed of Conditions/Title Deeds is the first point of reference for determining the roles and responsibilities for those involved. Where these are silent, the Tenements (Scotland) Act 2004 provides a structure for determining the maintenance and management of tenements. The Title Conditions (Scotland) Act 2003 relates to houses and the Abolition of Feudal Tenure Act 2000 introduced important changes to feudal superiority. The Housing (Scotland) Act 2006 gives councils the power to make owners undertake maintenance for which they are responsible. Deeds The Deed of Conditions/Title Deeds (hereafter referred to as the Deeds ) sets out the roles and responsibilities imposed upon the various parties in relation to the repair and maintenance of communal areas. A summary of each Deed for properties factored by the Association will be attached to each scheme file and included in a database of property management information for the effective management of the service. If a resident is in breach of any of the Deeds, the Association will take any appropriate action it can legally take. Where the Association cannot take action on behalf of the owners the Association will, if requested, provide information and advice to owners to allow them to take any necessary action including, if necessary, legal proceedings. It should be noted that at no time will the Association provide a legal opinion and it is for owners to take legal advice directly when required. Where the Association provides factoring services for other registered social landlords, the responsibility for advising their tenants/residents of the services provided will remain with them. The Association will however, provide assistance where practical to do so.

4 REPAIRS & MAINTENANCE Page 3 of 13 Services provided The Association s property and estate management includes the following services: Cleaning (internal common parts only); Landscaping and open space maintenance; Common repairs including responsive, cyclical and planned maintenance; Buildings insurance; Information and advice; Accounts and arrears management; Owner consultation; Cyclical maintenance/sinking fund; and General estate management and services. Where the Association is the majority owner in a flatted development or retains an interest in a low cost home ownership scheme, it will retain the right to factor unless there are valid business reasons for not doing so. The Association will also provide property and estate management services (factoring) for other registered social landlords in the Grampian area and for private landlords where it is appropriate to do so (for example, where it is financially viable and there is the capacity to do so). The Deed of Conditions or Title Deeds (the Deeds) are legal documents that determine the responsibilities and obligations of owners and the property and estate management company (factor). Grampian Housing Association will, as far as practical, hold an up-to-date copy of the Deeds for each block/scheme that is factored. Where the Deeds are silent on a matter related to title (for example emergency repairs) the situation will be resolved in line with the Tenement (Scotland) Act The Association provides a number of services directly but also operates a number of sub contractors that must meet the requirements of the Approved Provider List. A detailed specification of the standard services provided is attached (see Appendix I). Where services are provided to owners the following will be provided: Details of the Association s registration number; Information relating to the Association s authority to act and any delegated authority (e.g. financial thresholds for instructing works); A written statement of services that provides, in a simple and transparent way, the terms and service delivery standards; The management fee charged, including any fee structure and the review process for amending the fee; Details of any cyclical maintenance fund and what this covers; When payments are required, the method used to advise of this, how payments can be made and any charges for late payment;

5 REPAIRS & MAINTENANCE Page 4 of 13 Advice on the Debt Recovery Policy (Property and Estate Management) in place and, when required, a copy of such; Details of the Association s complaint handling procedures for property and estate management services (including timescales and if required, a copy of the relevant policy); With a declaration of interest the Association has with any organisation/contractor who provides services to owners. This will be in writing and detail any benefits or other contracts the Association receives or has in place; and Details of how to end the arrangement including at change of ownership or when the service arrangement is being brought to an end. Management fee Core factoring services are recharged to homeowners at cost with the exception of buildings insurance where a small administration fee is charged for brokering the service. However, a management fee is levied to all homeowners depending on the core services provided. The fees are: 50 per property for one core service; 75 per property for two core services; and 100 per property for three core services. All to be reviewed on an annual basis. Core services are defined as internal communal cleaning, communal repairs and maintenance and open space maintenance. It should be noted that there may be years when no communal repairs are completed. However, where access to the service remains a charge will be levied. Where the Association provides factoring services on behalf of another registered social landlord and has no responsibility for collecting funds directly from residents, an administration charge based on a percentage figure (15%) will be charged. This will be reviewed annually. Where the services are provided as part of a partnership agreement, the administration costs will be discussed and agreed during negotiations. Where tenders are required or planned/cyclical maintenance/specialist work is undertaken, this will be charged for separately. The Association will recharge costs directly to the owners and an administration charge of 15% is charged. Communication/consultation All communication with owners will be in plain language and will not be intimidating or threatening (apart from a reasonable indication that the Association may take legal action). In addition, nothing in the Association s communication will be false or misleading. Communication with owners can be varied and includes: The property owner information pack available to all existing owners and new owners within four weeks of being advised of the change of ownership;

6 REPAIRS & MAINTENANCE Page 5 of 13 The annual factoring payment schedules and related information; Direct correspondence with owners and owner resident associations; Public and individual meetings; Questionnaires; and Newsletters. The Association s registration number (as a property factor) will be displayed on all written communication with owners and any publicity documentation. Contact details for all staff dealing with the property and estate management services will be given as well as information on how to report an emergency communal repair out of office hours. Grampian Housing Association will consult with all owners for work outwith the Association s delegated authority level. This will be done in advance of any works being carried out except where an emergency arises. In an emergency, works will be instructed to make safe the property immediately. The Association may, from time to time, consult with owners for levels below the Association s delegated authority level where it feels it is appropriate to do so (for example, where the income of a significant proportion of residents is such that the required works may prove financially crippling). Where homeowners are unhappy with the service they receive they can access the Association s complaints procedure for property and estate management. Guiding principles Where services are provided the following guiding principles will apply: Each development must be self sufficient and must meet all costs for the services provided; The charges and costs for each service provided must break even (allowing for annual adjustments) and not subsidise other activities, nor be subsidised by other activities; Where actual costs cannot be determined, estimated amounts will be used. This will be as accurate as possible; Where services are not provided directly by Association staff, the Association s Housing & Property Services Commissioning Policy will be followed. Sale of Property/Change of Ownership Owners are asked to notify the Association one-month prior to moving out of their homes to allow final accounts to be calculated. A charge for the extra administration will be made and added to the selling owner s final bill. This will be 30 (to be reviewed annually). Where information is requested less than five working days prior to the settlement date, this charge will be increase to 100 (to be reviewed annually). The Association will charge 50 per case (to be reviewed annually) where solicitors require Guarantees/Building warrant, etc.

7 REPAIRS & MAINTENANCE Page 6 of 13 The cost of major repairs ( 1, and above) will normally be invoiced separately. Where full payment or a payment agreement is not made the Association will place a notice of potential liability on the homeowners property. The full cost of this will be charged to the homeowner. It is the outgoing owner s responsibility to highlight that property and estate management (factoring) services are provided by Grampian Housing Association (to the selling agent/new owner). In addition they are required to advise Grampian Housing Association of when they sell or dispose of their factored property with a date of disposal and details of the new owner(s). Role of Grampian Housing Association s Repair & Maintenance Committee The Association s Repairs & Maintenance Committee has delegated responsibility for monitoring all aspects of the property and estate management (factoring) service provided. Any proposals for changes in this policy will be tabled at the Repairs & Maintenance Committee for approval/ratification. Residents and/or owners will be consulted prior to Committee approval being sought for changes to this policy. Performance Management For monitoring purposes, quarterly performance reports will be submitted to Repairs & Maintenance Committee. The quarterly reports will provide information on: The cleaning service provided; The open space maintenance provided; The inspections carried out by the property and estate management team; and Abandoned/ untaxed vehicles. Details of technical inspections will also be advised on a quarterly basis. This policy will be revised on a three-yearly basis.

8 REPAIRS & MAINTENANCE Page 7 of 13 APPENDIX 1 Property and estate management services Property and estate management (factoring) provides a wide variety of services to residents. We aim to provide good quality services at a reasonable cost. All external service provision is tendered every three five years unless they are for one-off, low value or specialist works. Listed below is a breakdown of the services provided and some additional information for you. You are bound by your deeds (or the property and estate management agreement you have signed) to pay your share of the charges for the services provided by Grampian Housing Association. Environmental upkeep This is the maintenance of the environment of your block and development. Costs here include one-off costs for (if provided) grit bin and grit supply, health and safety checks by external companies, noncontract cleaning (e.g. hygiene cleans, difficult-access windows, carpet cleaning, graffiti removal) and non-contract open space maintenance costs (e.g. tree removal, pressure washing paths) and fly tipping uplifts. This list is not exhaustive. Details of the costs you are being charged for are provided within your payment Schedule. Common repairs This is for small common internal and external repairs to your block and to the development. Your deeds or the property and estate management agreement you have in place with Grampian Housing Association will determine the level of repairs that we can undertake without consulting owners. Please note that in the event of an emergency (for example a health and safety issue arises), the Association has the power to make safe without getting owners approval even if the value of the works is above the level mentioned in your deeds/agreement. Technical inspections of your scheme will be made twice a year to determine any repairs that are needed. However, communal repairs can be reported by phoning during normal working hours or, in the event of an emergency, you will be diverted to our out of hours service. The Association has clear timescales for completing response repairs. These are 8 hours for emergencies, 3 working days for urgent works, and 15 working days for routine repairs. You will be consulted on planned and cyclical work which will be programmed throughout the year (if needed) and invoiced for separately. Communal lighting This reflects communal electricity costs. The cost will vary across the year because your communal lights will be on at different times and the electricity costs may vary. Where we don t have your actual bill at the time of applying the charge, we will estimate the costs. Please note that the Association has been successful in achieving savings by tendering electricity costs. However, in general fuel costs have risen considerably over the last few years.

9 REPAIRS & MAINTENANCE Page 8 of 13 Open space maintenance This is open space maintenance for communal garden areas. This work is tendered but does not include any work done to areas that are the responsibility of individual properties. If you have grass this will be cut and grass cuttings removed from adjacent paved surfaces. Proprietary weed killer will be applied where needed once during the growing season and bare patches re-seeded. Where there are shrubs on site a heavy prune will be undertaken once a year (from October to December or in March if the type of shrubbery requires this). Where open space maintenance services are provided, our property and estate management officers check these once during each month. Cleaning An in-house team cleans the internal communal areas of your block. The Association previously reviewed all block-cleaning times to accurately reflect the actual time required. Costs vary from block to block depending on the location of the block, the floor area and amount of surfaces to clean. Where there are hard floor surfaces these will be swept and where there are carpets these will be vacuumed. Low level windows and glass will be wiped to remove dust, dirt, finger marks and other superficial marks. Difficult to access windows/glass is charged for separately (see environmental upkeep). Responding to customer concerns, the Association now checks all cleaning that is carried out. The Association has also invested in new machinery that provides a deep clean to hard floor surfaces. Where this is undertaken, an additional charge is made through environmental upkeep. This has proved very popular with residents but unfortunately it does not work on carpets so we will continue to look for alternative equipment for this purpose. Bulk bin cleaning Billing for bulk bin cleaning, where provided, is also tendered. Where bulk bins are cleaned quarterly, these will be firstly emptied of all their contents, cleaned out and returned to their storage area. Cyclical maintenance fund If your scheme has a cyclical maintenance fund, this has been set up to help you budget for more expensive communal repairs such as roof repairs. The Association holds the fund until work is needed. Where stipulated in the Deeds, these will be held in a separate bank account. Where these are accounted for by the Association, but not held in a separate account, the Association will apply interest in line with accepted industry rates.

10 REPAIRS & MAINTENANCE Page 9 of 13 Details of your cyclical fund balance will be sent out to you annually (May/June) along with details of any suggested work for the coming financial year. If you sell your property it is important that you advise us. In the majority of cases a cyclical maintenance fund stays with the property but there are some exceptions to this. Your deeds will determine whether or not a cyclical fund is repayable to you when the property is sold. If you want information about a cyclical fund at any time you can contact the Association on Factoring management charge All of the above services are recharged at actual cost. To cover the cost of managing the services we provide, a management charge of 50 per property is made for one service, 75 for two services and 100 for three services per annum. The services charged for are communal cleaning, undertaking minor communal repairs and communal open space maintenance that the Association can undertake without consulting owners. Where tenders are required or more substantial communal repairs/planned or cyclical maintenance/specialist work is undertaken this will be charged for separately. The Association will recharge costs directly to owners and an administration fee of 15% applied. Each year the factoring charge will be reviewed and if any adjustments are required, these will be consulted upon during the annual review exercise. We do however reserve the right to increase charges throughout the year where substantial changes in costs have been accrued. However, we will give you 28 days notice of any change. Buildings insurance If you have been charged for buildings insurance (this will be detailed in your covering letter) a separate summary of cover is enclosed. This shows you the policy number, the property insured, the period of insurance and the sum insured (this is reviewed every year). Any exemptions are also detailed. Details of how to make an insurance claim and any excess that is due to be paid is also detailed on the summary of cover. If you have not been charged for buildings insurance, you need to provide this cover yourself. Please note that you are responsible for providing contents insurance. It is important that you read this document carefully and if you have any queries, you contact the Association. The Association receives 4.62 per year per property to cover the administration of the scheme, the cost of which forms part of your insurance charge.

11 REPAIRS & MAINTENANCE Page 10 of 13 How to pay for your property and estate management services Your share of the costs and amount you have to pay for each of the above is detailed on the enclosed payment schedule. The Association will advise you annually, in writing, of your new monthly charge for the core services you receive for the following year (effective 1 November). In the majority of cases this charge will be for things that will happen in the coming year (for example open space maintenance where the Association has tendered costs). However, things like common repairs are funded by the Association and your next year s account used to reconcile the money that the Association has paid in advance. Full details of these are given in the payment schedule. Your payments are due on the first of the month (in advance) unless otherwise agreed with the Association. For example if you get paid on the 15 th we can arrange for a direct debit payment to be taken then rather than on the first. Please note that any such arrangement must be agreed in advance. In addition you may contact the Association and we will advise you of your annual charges and if you would prefer, accept a payment from you in advance. A wide range of payment methods is available to assist you to pay your factoring charges. These include: Direct debit Allpay App Bank Giro Call Pay (one off payments can also be taken by phoning ) Debit/Credit card Grampian Housing Association Offices (Aberdeen & Elgin) Post (please do not sent cash through the post) Standing Order The Association has a Debt Recovery Property and Estate Management (Factoring) policy that is available for download from our website. Alternatively, if you would like a copy sent out to you please contact the Association. Customer care The Association aims to provide a good quality service at an affordable cost. However, we recognise that sometimes things can go wrong and the services we provide do not meet our customers changing needs. The Association has a customer care plan in place that we have revised after talking to customers and we have agreed the following: Where an immediate response cannot be sent we will send an acknowledgement to every letter / / text within three working days and a full answer will be given within 15 working days. We will answer phone calls promptly or arrange for a message to be taken and aim to return all calls within 24 hours. An out-of-office message will be recorded for all prolonged periods of staff absence.

12 REPAIRS & MAINTENANCE Page 11 of 13 If you wish to discuss any aspect of the services we deliver we would always ask that you talk to your property and estate management officer. However, if you want to make a complaint you should use the Association s compliment, comment and complaint policy. The Association s complaint handling procedure is available for download on the Association s website or alternatively, a hard copy can be sent out to you. The Property Factors (Scotland) Act 2011 introduced a Code of Conduct for all property factors to follow (this is available on our website). The Act also introduced the requirement for all property factors to be registered and a homeowner housing panel to help resolve any disagreements between a factor and their customer(s). If you have exhausted the Association s relevant complaint procedures, you can make an application to the homeowner housing panel. You must advise us, in writing, that you intend to do this stating the reasons why you consider that we have failed to carry out our duties or failed to comply with the Code of Conduct. The homeowner housing panel can provide a decision on whether or not Grampian Housing Association has failed to carry out our factoring duties, or failed to comply with the Code of Conduct (effective from 1 October 2012). You can contact the homeowner housing panel at: Homeowner Housing Panel Europa Building 450 Argyle Street Glasgow G2 8LH Tel: Fax: hohpadmin@scotland.gsi.gov.uk Where can I get further information and advice The Title Deeds attached to your property will always take precedence, however various pieces of legislation may affect you. The main pieces of recent legislation are: The Property Factors (Scotland) Act 2011 The Title Conditions (Scotland) Act 2003 The Housing (Scotland) Act 2006 The Abolition of Feudal Tenure Act 2000 The Tenements (Scotland) Act 2004 Advice may be available from the solicitor who carried out the conveyancing for you at the time of purchase or from any solicitor who deals with residential property (Law Society of Scotland - find a solicitor). The local Citizens Advice Bureau (Citizens Advice Bureau find a CAB) or other advice centre may provide free advice at a legal clinic. Information is also available from the following sources: Consumer Focus Scotland - Common Repair, Common Sense, A short guide to the management of tenements in Scotland

13 REPAIRS & MAINTENANCE Page 12 of 13 Consumer Focus Scotland - Common Repair, Common Sense, A detailed guide to the management of tenements in Scotland Scottish Executive - Guidance on the Tenements (Scotland) Act 2004 and the Title Conditions (Scotland) Act 2003 for Housing Professionals Scottish Government - Implementing the Housing (Scotland) Act 2006: Advisory Guidance for Local Authorities: Volume 3 Maintenance Scottish Mediation Network Shelter Scotland - Responsibility for repairs and maintenance in common areas How to end your arrangement In most cases Grampian Housing Association factor your development because we own some or the majority of properties in the development you live (this might include ownership of a share in shared ownership properties). When you live in a low cost home ownership scheme, your deeds will normally include a condition that Grampian Housing Association has the right to factor the development until the Association no longer owns any properties in your development or the Association no longer wishes to provide services. If the Association has the right to factor but has taken the decision that we no longer wish to do so, we will take steps to find a new factor. However, we would consult with owners and sharing owners and ultimately it will be the majority of the owners who decide on the new factor. If Grampian Housing Association factor for you because we have been appointed to do so, the appointment letter/agreement will normally detail how you can end the arrangement and the notice period that is required. However, if you feel that Grampian Housing Association are not providing you with a good service, it is important that you tell us what you are unhappy with. We will always try to make sure that the services we provide meet the requirements of our customers and that they are affordable.