Leaseholder handbook

Leaseholder
handbook
www.stockporthomes.org
Tr a n s fo r m in g L i ves
/StockportHomes
@StockportHomes
Leaseholder handbook
1.Introduction
This handbook outlines your rights and
responsibilities as a leaseholder of Stockport
Council, and the Council’s responsibilities to
you as a freeholder. It is not an authoritative
interpretation of the law, nor does it override
or affect the terms of the lease. If you
require further guidance you should contact
the Leasehold Officer or for legal advice an
independent legal advisor such as a Solicitor, law
center or the Citizen Advice Bureau.
For more information about Stockport Homes’
services, visit www.stockporthomes.org
2. About Stockport Homes
Stockport Homes is a limited company that
exists to manage the housing stock owned by
Stockport Council (the Freeholder). The Council
still remains the freeholder and tenants /
leaseholders rights do not change.
Stockport Homes is known as an Arm’s Length
Management Organisation (ALMO). This means
that while the local Council established the
company, it operates independently from it on
day-to-day matters.
For the purpose of this document where
reference to the freeholder, the Council or the
landlord Stockport Homes will carry out these
functions.
3. Your lease
The lease is the legal contract between you and
the Council and is an important document. You
became a leaseholder by:
• buying your home from Stockport Council
under the Right-to-Buy Scheme; or
• buying your home on the open market from
the previous owner.
You have the right to live in your home for a
certain period without having to pay rent, except
a small ground rent. The period is 250 years from
the date the lease was first drawn up.
Once you have bought the property, you
and the Council both have to carry out your
responsibilities as set out in the lease. There are
different types of lease depending on the date
you bought the property. You should always look
at your own individual lease if you want to check
something.
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Your lease describes the area you have bought
and is often referred to the ‘demised’ property.
The demise is based on the lease plan, which
shows the block (and estate, if applicable) in
which your flat is located, your flat’s position in
the block, and any private garden, shed or other
building sold with the lease. The lease refers to
your building and estate as the premises. You
should not use the plan solely and should always
refer to the lease.
The Council is responsible for the upkeep,
maintenance, repair and improvement of the
building as a whole and the development. You
are responsible for paying your share of these
costs through your service charge.
3.
Your lease (continued)
Where can I get a copy of my
lease?
You may have received a copy when you
purchased the leasehold property. However,
where there is a mortgage on the property it
may be obtained from the mortgage lender.
Alternatively the Land Registry may hold a
copy or you can request a copy from Stockport
Council. An administration fee is charged for
providing a copy of the lease.
It is important that you understand your lease
and the conditions in it. Breaking the conditions
could have serious consequences. You should
read your lease carefully and get advice from a
solicitor or the Citizens Advice Bureau if there is
anything you are unclear about.
Common terms used in the lease
As a legal document, your lease uses legal
terms. We have explained some of the more
important ones in the glossary of terms and
definitions at the end of this handbook.
Extending your lease
You have the right to renew your lease at any
point for a period of 90 years, provided you
qualify. The extension would be costed at the
market value.
Conditions of the lease
The lease sets out the detailed conditions and
responsibilities you have as the leaseholder or
that the Council has as the freeholder. Some of
the most important conditions are set out below.
The freeholders rights and responsibilities are:
• to insure the building (but not the contents of
your flat);
• to keep the structure and exterior of the
building in good repair;
• to maintain and repair all the communal
parts of the building and estate;
• to gain access to your home to carry out
inspections or repairs (notice will be given);
and
• to collect ground rent and service charges to
cover your share of the costs of the repair,
upkeep and management of your building
and development.
Please remember that while the freeholder is
responsible for carrying out repairs, and the
management of your building and development,
you are responsible for paying your share of the
costs, through your service charge. You should
not undertake any repairs or maintenance
to the areas for which Stockport Homes are
responsible.
Your responsibilities:
• to pay the ground rent and service charges
(which includes the costs of major works) as
required;
• only to use your flat as a private home;
• to keep the interior of your flat plus fixtures
and fittings in good condition and repair. This
may include providing evidence that you had
your gas appliance checked by a ‘gas safe’
annually (see further notes);
• to repay some or all of the Right-toBuy discount if the flat is sold within the
repayment period;
• not to cause nuisance or annoyance to
neighbours;
• not to make any internal structural
alterations or improvements without getting
permission from Stockport Homes; and
• to allow access for any inspections, repairs or
work required to the building.
Your rights as a leaseholder:
As well as responsibilities, you have rights which
are included in the lease. Some of the most
important rights are:
• to enjoy in peace in your home without
interruption by the freeholder, provided you
pay all the charges you are responsible for
under the lease and do not break any of the
other conditions of your lease; and
• the use of the shared parts of the building
and communal parts of the development
such as communal gardens and, in some
cases, car parking areas.
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3.
Your lease (continued)
Anti-social behavior (ASB),
nuisance and harassment
We hope you never experience ASB, nuisance
or harassment and enjoy your home and
environment peacefully. You will find more
information on how to report ASB and what
Stockport Homes will do to help you or our
customers to solve cases of ASB. There is a suite
of ASB leaflets that provide you with advice
and guidance on dealing with ASB that you can
download or you may request more information
by contacting the Anti-Social Behaviour Team
(see Appendix for contact details).
Gas safety
To ensure the safety of all our residents the lease
requires leaseholders to keep gas equipment
in a good condition and the Health and Safety
Executive (HSE) recommends an annual service
of all gas appliances by a qualified tradesman
with Gas Safe Registration (formally Corgi). The
Gas Safety (Installation and Use) Regulations
1998 states that you must not use a gas
appliance or fittings you know or suspect to
be unsafe (HSE Gas Safety Advice leaflet is
available from your Leasehold Officer). There are
additional regulations for leasehold properties
which are rented to a third party.
Leaseholders may buy into Stockport Homes’
gas servicing contract. There is a charge payable
in full for which leaseholders are invoiced
separately from their service charges.
Please provide a copy of your annual gas
safety certificate. You may email a copy of
send in the post to the Leaseholder Officer.
Your lease may require that you provide a
copy every year.
Alterations and improvements
Under the terms of your lease you can only
carry out internal alterations or improvements
to your home if you get written permission from
Stockport Homes. Your lease sets out works
that will not be allowed even if you ask for
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permission, for example, alterations to walls and
lofts. You should always check your lease first
before you think about any internal alterations
or improvements.
Stockport Homes will look carefully at your
request and visit you to discuss your proposals
(if required). If this is needed, an officer from
Stockport Homes will make an appointment
with you. Stockport Homes may make a charge
for this service and for the administrative costs
involved in considering your request.
Stockport Homes will only refuse permission in
certain cases such as safety reasons or where
you want to alter something which is the
responsibility of the Council.
If Stockport Homes give you permission, you will
need to make sure you have all the permissions
that you need, for example, Building Regulations
approval and Planning Permission. You should
also remember that you will be responsible for
any maintenance or servicing of anything you do
to your home.
You must not start work before we give you
permission. Failure to request the relevant
permissions may result in you being asked to
reinstate the alterations / improvements at your
costs or issues when selling your property in the
future.
Communal windows and doors - The lease
confirms that the communal windows and
doors are the responsibility of the freeholder
as form part of the structure. This means that
Stockport Homes will not give permission for you
to replace the windows and the frames yourself.
If the windows in your block need to be repaired
or replaced Stockport Homes will arrange it and
you will have to pay your share of the cost of the
work for the whole block as part of your service
charge.
Flat windows and doors - The window and door
frames that are for your sole use also remain
the Stockport Homes’ responsibility however
Stockport Homes will recover the full cost of
repairs and replacements through the service
charges.
If Stockport Homes have not made a provision
to replace the windows and doors in your flat
and you wish to replace them at your own
costs you may do this with our written consent.
As the freeholder remains responsible for the
maintenance of the frames in the future we
will ask you to use the same product as we use.
This is currently ‘Profile 22’.
In some blocks we will also ask that you
comply with current fire regulations on the
door frames.
Television aerials
On some blocks Stockport Homes provides
communal aerials for television users. If your
block does not have a communal aerial, an
indoor aerial may give a good reception.
If you want an outdoor aerial fitted, you must
apply to the Area Housing Office who will
arrange for the work to be carried out by the
Council’s specialist TV aerial contractors. You
will have to pay the cost of the installation in
advance. You must not fit your own outdoor
aerial as it could damage the building (you are
liable for any repair costs) and may also be a
serious safety hazard.
Leaseholders should not erect an aerial
without permission or allow a receiver to cause
interference to others.
Satellite dishes and cable
television
You are not allowed to fix any satellite dish to
Council property without obtaining Planning
Permission and written consent. Residents
will be asked to remove any dishes that are
installed without the necessary consents.
Many blocks have access to cable television
which also enables you to select from a wide
range of channels, including satellite and
foreign language transmissions.
Alterations to your home if you are
elderly or disabled
If you are elderly or disabled and find it difficult
to access your home or to get around inside
it, you may possibly be eligible for a Disabled
Facilities Grant (DFG). This would be used to
provide you with the appropriate equipment /
adaptations.
You should contact Disability Services in the
first instance. If the affected person is under 18
years of age, you should either speak with their
medical provider, or ring Children’s Services (see
Appendix for contact details). An assessment
of need will be carried out. This will determine
whether you are eligible for the grant, and how
long your wait is likely to be.
Please note that no stair lifts can be fitted in
communal areas of the building.
Buying the freehold
Subject to certain conditions a group of
leaseholders within a block have the right to
buy the freehold of their block from the Council.
Not all the flats within the block would need to
be sold before the ‘collective enfranchisement’
takes place.
If all the flats within the building have been sold
and there is no longer any properties managed
by Stockport Homes the Council may be willing
to voluntarily sell you and your neighbours the
freehold of your building. All the leaseholders in
the building would have to agree to this.
Varying the lease
It is possible for certain conditions of the lease
to be changed if all the leaseholders in the
building agree. This is called varying the lease.
For example, one of the reasons for doing
this would be to change the responsibility for
repairing or renewing windows from the Council
to the leaseholder. This would allow individual
leaseholders to repair or renew their own
windows.
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3.
Your lease (continued)
All leases will need to be varied in the same
way and at the same time. Such action will
incur legal and administration fees which are
payable by each leaseholder.
Offering back your property or
paying back your right-to-buy
discount
In certain circumstances you may have to
offer back the leasehold property to Stockport
Council or pay back some of the discount
you benefited from when you purchased the
property. Your professional advisor or solicitors
will be able to advise you on this. Should you
be required to pay back some or the entire
discount your solicitors will contact Stockport
Council’s Legal Department for a figure.
Selling your property
You can sell the property at any point during
the lifetime of the lease. The person who
buys it pays to take over the remainder of
the lease. So if you purchased your home
on a 250 year lease and sell if after 10 years
the buyer will purchase the remaining 240
year lease. More information on selling your
leaseholder property can be found at www.
stockporthomes.org or on request from the
Leasehold Officer.
Losing your home by forfeiture or
repossession
There are some extreme circumstances when
the freeholder or your mortgage lender could
apply to the courts for possession of your
home.
If you break any terms of the lease we have the
right, in certain circumstances, to end (forfeit)
the lease and take possession of your property
– which would mean that you are unable to live
in it.
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Examples of behaviour that could result in
forfeiture are:
• you do not pay your service charges and
ground rent; or
• you are responsible for anti-social behaviour
or harassment towards your neighbours.
The law, however, protects leaseholders in a
number of ways. If the property is your home
we cannot repossess it without a court order.
Stockport Homes would also have to serve you
with a notice before we use our right to forfeit
the lease (exercise where the breach relates to
non-payment of sums reserved as rent by the
lease). The notice must tell you how you have
broken the lease and give you the opportunity to
put this right.
Forfeiture is a drastic action and as a responsible
housing provider Stockport Homes only uses it
when it has to, in order to protect the interests of
the Council, our tenants and other leaseholders.
With overdue service charges, Stockport Homes
will always try to help people who have genuine
financial problems.
Reserve / sinking funds
Your lease allows the freeholder to make a
provision for a reserve fund, also know as a
sinking fund to meet future liabilities of carrying
out major works to the development. Following
consultation with leaseholders in 2008 Stockport
Homes decided not to make a collection towards
a sinking fund, however this decision will be
reviewed in the future.
In the absence of a reserve / sinking fund once
leaseholders are in receipt of their consultation
paperwork for major works they should make
arrangements to secure funds in advance of
the works to be completed. You will not be
charged more than the amount stated in the
consultation paperwork. When Stockport Homes
issues the invoice it will ask you how you intend
to meet these costs
4. Your rights
As well as rights in your lease, there are other
rights in law which apply to leaseholders. These
are Acts of Parliament which have been agreed
by Government. The law is complex and if you
want to find out more about these or any other
legal rights you should ask your solicitor or the
Citizens Advice Bureau.
Consultation for major works and
long-term agreements
Stockport Homes is committed to consulting all
residents, including leaseholders, at all stages of
a major works project and entering into a longer
terms agreement such as an insurance contract.
The type of consultation will depend on the
works / contract Stockport Homes is planning to
do. For example, if Stockport Homes is planning
a lot of work with major changes that affect you,
it will organise more meetings and give more
information to residents than if it is doing regular
external decorations to your building.
Where Stockport Homes intend to recover
more than £250 per leasehold flat for repairs or
£100 for a service, you have a legal right to be
consulted about the work before the work begins
(Section 151 of the Commonhold and Leasehold
Reform Act 2002). You will receive a ‘notice of
intention’ which you can respond to within 30
days and you can comment on the scope of the
works and/or nominate a contractor in some
circumstances.
Following this if we Stockport Homes still
propose to continue with the work, a further
notification is sent containing details of the work
and the estimated costs. You will then have 30
days to give us your comments.
Stockport Homes will try to include a suggested
contractor as long as they meet all the
conditions set for contractors. Where long-term
contracts were established before October 2003
or a public notice is required the Leaseholders
will not be asked for names of contractors to
add to a tender list.
Stockport Homes will look carefully at your
comments and will have regard to them. You
cannot refuse permission for the works to go
ahead as the freeholder has a responsibility
under the lease to repair and maintain the
building.
Where a Residents’ Association is recognised
for the purpose of service charges under the
Freeholder and Tenant Act 1985, they have the
right to be consulted about the specification
for the works and in some circumstances to be
asked for the names of any contractors they
would like to be put on the tender list for the
work.
Where work is of an urgent nature and cannot
be delayed, it will be carried out without
consultation for example, leaking roof or water
burst and Stockport Homes will approach the
First-tier Tribunal (Property Chamber) to ask for
dispensation to charge leaseholders for these
costs without consultation. Stockport Homes
must provide evidence of the urgency.
Service charges must be
reasonable
Stockport Homes must make sure its service
charges are reasonable. The services or works
carried out must also be done to a reasonable
standard.
A guide to your rights and responsibilities can
also be found on the communities and Local
Government web pages www.communities.gov.uk/publications/
housing/booklet A summary of your rights will
be sent with any demand for services.
As a leaseholder you can apply to the Firsttier Tribunal (Property Chamber) if you think
the service charges are not reasonable or
the services or works are not of a reasonable
standard. The tribunal has the power to decide
whether or not they are reasonable. You do not
have the right to withhold payment of service
charges because you believe service charges are
unreasonable.
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4.
Your rights (continued)
The Leasehold Advisory Service (LEASE) provides
free advice on the law effecting residential
long leasehold property and commonhold.
You can telephone them on
020 7832 2500
(weekdays 9.00am – 5.00pm)
Summary of service charge costs
You have the right to ask Stockport Homes to
give you a summary of the service charge costs
which you are paying. Stockport Homes provides
this summary every year.
Inspecting invoices and receipts
You can ask to see a breakdown of the cost or
receipts (if available) that make up the service
charges. Stockport Homes do not charge you
for looking at these directly, but it forms part
of the management charges. Stockport Homes
will make a reasonable charge if you want
photocopies. Please contact your Leaseholder
Officer in writing to arrange this for you.
Carrying out an independent
management audit
Leaseholders have the right to carry out
an independent management audit. This
means that leaseholders appoint a qualified
person to examine whether we are managing
the leasehold homes properly. The costs of
employing an auditor will be paid for by the
leaseholders employing him or her.
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Recognition of Residents’
Associations
In order to become a recognised Residents’
Association for the purposes of service charges
you would need to meet the following criteria
as detailed in Section 29 of the Freeholder and
Tenant Act 1985:
• there must be only one Residents’
Association for the development; and
• 60% of eligible Residents must be members
of the Residents Association under the
Freeholder and Tenant Act 1985, where a
Residents Association meets the conditions
of the act, we would write to them to
give recognition for the purpose of service
charges.
5. Ground rent and service charges
What is a ground rent?
Building Insurance
The ground rent is fixed annual payment which
is set out in your lease. Ground rent is not related
to the provision of any services. The demand will
be sent with your annual service charge invoice.
The cost to insure the building, including
communal areas but not your contents.
Stockport Homes calculate the premium
based on the sum insured which is set when
the property is purchased under the right to
buy. The sum insured is index linked and takes
into account building costs and is increased
accordingly. More information can be found in
section 7 of this handbook.
What is a service charge?
A service charge is a payment you make towards
the costs of providing and maintaining services
for the development you live in. Service charges
are split fairly between all the flats in the block
as set out on the following pages. The Council
pays the proportion relating to the rent paying
tenants which is then recharged to them
through the rent they pay.
How do we calculate your share of
the service charge?
At the start of the year Stockport Homes
estimate the costs its expects to incur in
maintaining the block or development you
live in. The service charge year runs from April
and charges are due annual in advance with
the exception of communal repairs, major
investment and programmed works which are
issued at the end of the year.
Management fee
All leaseholders will pay a core management
fee for services that they all benefit from or can
access such as building insurance, leasehold and
housing management costs.
As each Leaseholder receives a different level
of service an additional fee is charged for each
service provided.
A breakdown of how your management fee
has been calculated can be obtained from the
Leaseholder Officer. The management fee is
subjected to VAT
Lift charges
This charge covers the 24-hour maintenance
contract for lifts in the block. As part of the
service the engineers will attend to faults and
carry out statutory safety checks. Repairs carried
out are included under responsive repairs as they
are not included in the service agreement.
The total cost of the service contract is divided
by the number of units in the development as
defined in your lease agreement. Should you live
on the ground floor of a block where a lift service
is provided you are contractually responsible for
contributing to this cost.
The following service costs are calculated by
dividing the actual cost by the total number of
units in the ‘development’ as defined in your
lease agreement with the exception of works
that are for your sole use:
Responsive repairs and
maintenance
Responsive repairs and maintenance of the
communal areas which you share with other
residents in the ‘development’ as defined in
your lease agreement. People who may report
a responsive repair may include: Leaseholders;
Tenants; Neighbourhood Housing Officer;
Technical Services Staff and contractors while
attending other jobs.
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5.
Ground rent and service charges (continued)
For more information about the repairs service,
reporting a communal repair, providing feedback
on a repair, please contact the contact centre or
visit Stockport Homes Website. (See Appendix for
current contact details)
The following service costs are based on
the overall cost of providing the service.
Regular service charge reviews take place to
ensure that charges never exceed the cost of
providing that service.
Planned maintenance
Caretaking and cleaning
This provision includes communal works that
Stockport Homes plan in advance and can
include: works to comply with new legislation;
fire protection equipment; mechanical
ventilating; replacement of communal light, TV
Aerials, fencing, door entry systems and cleaning
of gutters.
Represents the cost of providing a Caretaking
Service and may include: salaries, cleaning
materials and transport. For more information
about the Caretaking Service, please contact the
Caretaking Team or visit www.stockporthomes.
org (see Appendix for contact details).
Major investment works
Includes large items such as replacements
of lifts; refuse chute; soil and vent pipe;
overcladding; roofing; windows. These costs
are split equally between the properties in the
development / block. Where the works are
for sole use, for example, windows and door
replacement you will pay the costs incurred plus
a management fee.
For more information about the planned
maintenance or investment works, please
contact the Investment Team or visit
www.stockporthomes.org where you will
find an indication of the works planned. See
Appendix for contact details.
Concierge / CCTV
This covers the running costs, including repairs
(with the exception of misuse and vandalism),
of the Concierge and CCTV monitoring systems
provided to your block.
For more information about the concierge and
CCTV service please visit www.stockporthomes.
org (see Appendix for contact details).
Heating and hot water
For the provision of heating and hot water where
there is a communal boiler. Costs include fuel
usage, annual service and carrying out some
repairs. Costs incurred outside the contract
such as replacement, hire of a generator while
Stockport Homes repair a boiler will be shown
under responsive repairs and maintenance.
Door entry system
This covers the costs of the maintenance of the
door entry system installed by the freeholder.
Repairs are included with the expectation of
misuse. Replacements will be an additional cost.
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TV aerial service
This charge covers the 24 hour
contract which includes the call out
but not the cost of the repair as this
will be included under responsive
repairs. Replacements will also be an
additional charge.
Communal electricity
The charge for any electrical energy
used in the common parts of the
building or estate as defined in your
lease document. Electricity can
be used for any of the following:
communal light; water pumps; door
entry systems; lifts and TV aerials.
Provision does not include the
maintenance of electricity systems,
in other words replacement of light
bulbs. These will be shown under
responsive repairs.
Communal grounds
maintenance
Based on cost of maintaining the
communal gardens / areas which
you share with your neighbours (not
private areas). The contract includes:
mowing of the grass (box cuts where
the cut grass is removed incur a higher
charge), pruning of shrubs, removal
of weeds and litter to shrub and rose
beds, flower beds, hedge cutting,
cleaning of paths and hard surfaces
(free of weeds, moss and litter),
removal of litter, minor vandalism to
plants and regular inspections. For
more information, visit
www.stockporthomes.org or
contact the Housing Office (see
Appendix for contact details).
6. Collecting your
ground rent and
service charges
Stockport Homes will send you an invoice each year in
March informing you of your share of the charges you
will be required to pay for the coming year.
Stockport Homes will not know the cost of repairing
and maintaining the communal areas and will
therefore issue an additional invoice at the end of
the financial year To help you budget you will be sent
a monthly repairs statement detailing the works
completed and the cost to you.
How to pay your service charge
By Telephone:
You can pay using a debit or credit card by
calling
0161 474 4050. This service is
available 24 hours a day. (Select garage rent
option). Alternatively you can the Leasehold
Officer on
0161 218 1364 during office hours.
On the Internet:
You can pay your service charge online using
a debit or credit card. Simply log onto
www.stockporthomes.org and select ‘pay
your rent’.
At a Post Office, Pay Point or Payzone outlet:
You can pay at any Post Office or any retail
outlet displaying the Pay Point or Payzone logo
using a swipe card or payment slip. Post Offices
are open on Saturday mornings and many Pay
Point outlets are open seven days a week and
late at night. To request a free payment swipe
card or payment slip, please call
0161 218 1364.
Direct Debit:
You can pay your service charge by Direct
Debit and will receive a discount for using this
method of payment. You can download a
Direct Debit Mandate form from
www.stockporthomes.org or call the Leasehold
Officer to set up over the telephone. Stockport Homes
offer a number of payment options and payment
dates.
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6.
Collecting your ground rent and service charges (continued)
Financial assistance with service
charges
The welfare benefit system can provide help
to owner occupiers in certain circumstances if
they have become unemployed or are suffering
financial hardship. If you are in receipt of means
tested benefits including Income Support,
Universal Credit, Job Seekers Allowance or
pension credits you should inform the benefits
provider of the service charges you are required
to pay. You are required to inform them of any
changes to your service charge within four
weeks of receipt of the demand.
More information on money saving tips can
be requested from the Leasehold Officer or by
visiting www.stockporthomes.org
Difficulty paying your charges
Your lease states that you have to pay service
charges and ground rent promptly on demand.
If you are having a problem with payment for
whatever reason, please contact your Leasehold
Officer without delay.
Stockport Homes will be able to offer advice to
help you claim any benefits you may be entitled
to. Depending on your circumstances Stockport
Homes may agree to you paying arrears in
instalments.
Additional payment options are available for
large major works invoice. Should Stockport
Homes contact you to make you aware of major
works it will send your further guidance. These
are also available on request.
If you fail to pay or make arrangement to pay
your charges in full or to keep to any agreement
you have made with Stockport Homes, we will
take legal action to recover the money you owe.
This could affect your credit rating and mean
that you also have to pay court costs. If you fail
to pay your charges, you have broken the lease
terms and ultimately you could lose your home.
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This is known as ‘forfeiture of the lease’ (see
previous section for further information or seek
legal advice).
Statement queries
Stockport Homes will send you regular
statements please take time to check it carefully.
Should you have a query please contact the
Leasehold Officer.
You may also check your account by loggin onto
myonline myonline.stockporthomes.org
Service charge disputes
If you do not agree with the service charge
invoice or want to challenge the cost of the
service you should contact your Leaseholder
Officer in the first instance. If you remain
dissatisfied you will be advised to follow the
complaints procedure. If you exhausted the
complaints procedure and feel the matter
has not been resolved you may approach the
Ombudsman or apply to the Upper Tribunal who
will make the final decision. With every demand
for a service charge Stockport Homes will include
a summary of tenants’ rights and obligations
under the Commonhold and Leasehold Reform
Act 2002 which will give you more information.
7. Buildings insurance
The Council insures the building where
you live. This is because the Council is
still responsible for the upkeep, repair
and maintenance of the structure and
communal areas and it would be very
difficult to have more than one insurance
company. The Council insures all sold flats
with the same insurer.
The building insurance only covers the
structure and common parts of the building
but not the contents of your home. We do
recommend that you arrange insurance to
cover your contents in your home.
When you purchased your property or when
Stockport Homes change the insurance
supplier you will have received a summary
of cover which will give you details about
your insurance cover. A statement of policy
cover is available on request from the
Leasehold Officer.
In the event of loss or damage to your flat
or the communal areas you should contact
the Leaseholder Officer for the current
procedure. You should not make good
any damage until you have spoken to the
insurance provider.
The building insurance policy is index
linked which means that it is increased
automatically each year in line with
rebuilding costs. If you feel your property
is under insured, Stockport Homes can
arrange for it to be increased if Stockport
Homes receive a written request from you.
To reduce the cover you would need to
provide a surveyors report confirming the
insurance valuation.
8. Repair obligation and useful information
Reporting a repair if you are
leaseholder
All Stockport Homes residents, including
leaseholders, are able to report a communal
repair to the Repairs Contact Centre on
0161 217 6016.
When reporting a repair, please give as much
detail as possible including which building is
affected.
You will be given an order number, which you
should keep in case you have to contact Stockport
Homes again, and a date when the first inspection
will be made by. This is not the date Stockport
Homes expect the work to be done by.
Leaseholders should remember that Stockport
Homes will not carry out any works which are
your responsibility under the terms of the lease,
for example, internal repairs and areas which are
solely for your use. A brief guide is included in this
handbook. Please contact your Leasehold Officer
if you need any more information.
Where the cost of the works are to be over £250
per property Stockport Homes will be required to
consult leaseholders under the Commonhold and
Leasehold Reform Act 2002 and will result in a
delay. Any temporary repairs will be carried out to
ensure that the structure is safe and water tight.
More information on the repairs service can be
found on www.stockporthomes.org or by
contacting the Repairs Contact Centre on
0161 217 6016.
You should review the sum insured at
regular basis and take into account any
improvements or alterations that might
affect the value of the property. Your annual
service charge includes an amount for
insurance.
13
Type of repair
Responsibility to
organise works
Front door to flat
Door and frame (including
external decoration)
Door handles
Door locks
Lost keys
Additional security
Internal doors in flat
Internal decoration
Stockport Homes
Leaseholder
Leaseholder
Leaseholder
Leaseholder
Leaseholder
Leaseholder
Windows to flat
Window frames
Window fixtures and
catches
Window panes
Additional security
Stockport Homes
Leaseholder
Leaseholder
Leaseholder
Heating
Communal boiler
Individual heating system
Room heaters
Sweeping chimneys
Fireplaces
Stockport Homes
Leaseholder
Leaseholder
Leaseholder
Leaseholder
Electrical
Faults within the flat
Communal lighting
Immersion heater
Fuses
Extractor fans
Leaseholder
Stockport Homes
Leaseholder
Leaseholder
Leaseholder
Plumbing
Burst pipe within the flat
Tap and tap washers
Stopcocks, ball valves,
bath, basin, sink and
blocked waste pipes
Hot or cold water tanks
within the flat
Main storage tank (in
communal loft)
Leaseholder
Leaseholder
Leaseholder
Leaseholder
Stockport Homes
Balconies
Unblocking gulleys (drains)
Pigeon infestation
Structural works
14
Stockport Homes
Leaseholder
Stockport Homes
Drains
Blockage to shared
drainage pipes
Blockage within the flat/
pipes for sole use.
Stockport Homes
Leaseholder
Gas (National Grid - 0800 111 999)
Gas escapes within the flat
Cookers
Gas fires
Gas servicing
Leaseholder
Leaseholder
Leaseholder
Leaseholder
Structure
Roofs
Gutters
Stockport Homes
Stockport Homes
Walls and ceilings
Internal walls
Structure of party wall
Internal plaster
Ceilings
Walls to communal areas
Leaseholder
Stockport Homes
Leaseholder
Leaseholder
Stockport Homes
Floors within the flat
Floorboards
Joists
Skirting boards
Floor tiles
Concrete screeding
Leaseholder
Stockport Homes
Leaseholder
Leaseholder
Leaseholder
Decorations
Internal decorations
Decorations to communal
areas
Leaseholder
Stockport Homes
Communal facilities
Car parking areas
Communal gardens and
grassed areas
Communal laundry and
facilities
Communal TV aerial
Entry phone system and
lifts
Communal, path and gates
Stockport Homes
Stockport Homes
Stockport Homes
Stockport Homes
Stockport Homes
Stockport Homes
Pests
Insect / rodent infestation
to individual property
Insect / rodent infestation
to block
Leaseholder
Pest Control
8.Repair
obligation and
useful information (continued)
Asbestos
If your property was built
before the mid 1980s,
it is possible it contains
materials made from
asbestos. There is no need
to worry about asbestos
materials if they are in
good condition, and it
will not be necessary to
remove them. However, it
is important that asbestos
is not damaged and if you
suspect that you may have
asbestos in your home,
you should take extra care
when doing DIY.
You must not attempt
work on sprayed asbestos,
lagging or insulation
boards, as this must
be done by a licensed
asbestos removal
company. Do not drill,
cut or disturb including
scraping or sanding
asbestos materials before
painting and decoration.
Further advice can be
obtained from a licensed
asbestos company or
the Health and Safety
executive.
When buying the property
your surveyor should
have provided you with
advice on asbestos in
your home however we
may be able provide you
with more details on
request. There may be a
charge depending on the
information required.
9. Getting involved in shaping the Leasehold services
Customer focus
events
Tell us about your
experience
In order for Stockport Homes
to improve the services it
offer to you, it needs to
know what you think. There
are many ways to help
make this happen and more
information is available on
www.stockporthomes.org or
on request. You can choose
to be involved as little or as
much as you like depending
on your own interests and the
time you have to spare.
Stockport Homes is committed
to providing high-quality services,
which meet its customers’ needs.
To do this, we need to know your
views. Stockport Homes need to
know when you are not happy
with a service you have received.
Stockport Homes also need to
know when it has done something
well or if you have a suggestion for
something it could do better.
Leaseholders can join in any
of the customer involvement
events but Stockport Homes
also have specialised events
for leaseholders – Service
Improvement meetings and
forums where it addresses
issues that you have raised as
important to you. Stockport
Homes also hold an email
database which is used to
make you aware of leasehold
issues and welcome you to
join the database. Stockport
Homes will not pass your
details to a third party and
you can ask for your name to
removed at any time.
You will receive a regular
leaseholder survey, the
results of which we use
to improve the leasehold
services.
For more information on how to
contact us about a compliment
or complaint and what you can
expect from Stockport Homes
should you wish to make a
complaint, please visit
www.stockporthomes.org or
contact the Customer Feedback
Officer (see Appendix for current
contact details).
Service Standards
Service Standards are in place for
each service area so that Stockport
Homes’ customers have a clear
understanding of the level and
quality of service they can expect
to receive. Service Standards also
ensure that everyone receives the
same level of service, and they
allow Stockport Homes to measure
its performance, so that it can
keep on improving the services
that it delivers.
More information on what you can
expect from Stockport Homes can
be found on
www.stockporthomes.org
15
10. Other useful
information
Selling your leasehold
property
Should you wish to sell your flat or
maisonette additional guidance notes
are available from the Leasehold
Officer or by visiting
www.stockporthomes.org
Not living in your leasehold
property
You should tell Stockport Homes
if you move out of the flat on a
temporarily or a permanent basis or
change your contact details so it can
amend its records. Stockport Homes
may need to contact you in the event
of an emergency.
If you rent your leasehold property
out you will need to make sure
that your tenant keeps to all the
conditions which are in your lease.
You will still be responsible for paying
your charges even if you charge it to
your tenant as part of the rent they
pay you.
16
Leaflets
For more information, the following leaflets can
be requested from your Leasehold Officer:
•
•
•
•
•
•
•
•
•
‘Gas Appliances – Get them checked.
Keep them safe’ Issued by HSE Gas Safety
Executive;
‘Looking for an electrician?’ Guidance
on how to employ a Niceic Registered
Contractor. Issued by NIC Group;
‘How safe is the wiring in your home?’
Guidance leaflet issued by NIC Group;
‘Staying Put’ – For homeowners who are
over 60 years and require assistance with
repairs and adaptations;
‘Staying Put’ – For homeowners in tax bands
A-D who are over 60 years or in receipt
of income related benefits and require
assistance with home security.
Paying for major works;
Managing your Finances – Aims to support
Leaseholders to manage their finances and
pay service charges. It also provides help
and advice to enable Leaseholders to take
steps to maximize income and deal with
their debits. If you are not in debt, you may
still find the information in this booklet
useful.
Credit Unions; and
Stockport Homes’ contents insurance policy.
Glossary
Assignment
Common parts
Consultation
Covenant
Cyclical
maintenance
Demised
premises
Development
Enfranchisement
First-tier Tribunal
(Property
Chamber)
This is the term used when
the lease is sold on when
you sell your flat. The new
leaseholder is the assignee.
The parts of the building
or estate that can be used
by all the residents, for
example, stairs, lifts, paths
and communal gardens.
This is the process of asking
for other people's opinions.
Where possible we will
consult you about anything
we do that affects your
property.
A covenant is a condition in
your lease that you or your
freeholder are responsible
for during your ownership
of the property.
Work that we do usually on
a programme.
That part of the block
included in the lease you
have purchased and are
responsible for e.g. interior
parts, along with any
gardens or buildings.
The building as described
in your lease in which your
flat is situated.
This is the process where
leaseholders may be able
to buy the freehold of their
block.
This is a body which
makes decisions about
service charge disputes
between freeholders and
leaseholders. It is made up
of a panel of people with
experience of property
disputes such as solicitors
and surveyors.
Fixtures
Freehold
Freeholder /
Lessor
Ground rent
Improvement
Lease
Leasehold
Leaseholder or
lessee
You are responsible for
these fittings in your flat
and include kitchen units,
the bathroom suite, light
fittings and any central
heating system (not district
/ communal heating).
Absolute ownership of
property and the land on
which it stands.
This is the person who
owns the freehold of a
property and grants a
tenancy or lease to a
tenant or leaseholder.
This is the rent paid to the
freeholder during the term
of the lease. It is usually
a small annual fixed sum
payable by a leaseholder to
a freeholder in recognition
of the legal contract
between them.
Doing more work to a
property than is required, in
other words, flat to pitched
roof.
The lease is a contract
that explains the Council's
responsibility to you and
your responsibility to the
Council.
An ownership of a property
in a building, comprising of
other flats / maisonettes
and subject to the payment
of service charges and
ground rent for a set period
of time.
This is the person who has
been granted the lease by
the freeholder and is also
known as a tenant.
17
Glossary
(continued)
Mortgagee
Mortgagor
Right to
Enfranchise
Section 125
notice
Service charge
Subletting
Tender
18
This is a bank or building
society that lent you
money to buy your
property.
A person that has received
money from a bank or
building society to buy their
home.
A right which allows a
group of leaseholders to
buy the freehold of their
block.
This is the consultation
letter the Right-to-Buy
section send to you
prior to purchasing the
property from the Council.
It summaries the service
charges and others works
that you agree to pay
within the first five years of
the initial lease.
This is a payment made by
a leaseholder to Stockport
Homes to cover the cost
of managing, maintaining,
repairing and possibly
improving the structure
and exterior of the building.
This is where you rent out
part or your entire home.
This is what we do to get
the best prices for large/
major contracts such
as redecoration works
and based on a detailed
specification of the works.
We invite contractors to
give their price or 'tender'
for the work.
Contact details
Anti-social behaviour (ASB)
0161 474 4372 (east area)
0161 474 4371 (west area)
To report ASB out of office hours, please call
0161 474 3840 (reporting only). In an
emergency contact Greater Manchester Police
(GMP) on either
999 or
0161 872 5050
Caretaking Service
0161 474 5071
caretaking@stockporthomes.org
Childrens Service
0161 217 6028
Concierge Service
0161 218 1662
Customer Feedback Officer
Stockport Homes, 1 St. Peter’s Square, Stockport
SK1 1NZ
0161 474 2600
feedback@stockporthomes.org
Customer Finance Team
Stockport Homes, 2nd Floor, 1 St. Peter’s Square,
Stockport SK1 1NZ
0161 474 2668 (west area)
0161 474 2677 (east area)
customerfinance@stockporthomes.org
Customer Involvement Team
Stockport Homes, 2nd Floor, 1 St. Peter’s Square,
Stockport SK1 1NZ
0161 474 2862
customer.involvement@stockporthomes.org
Disability Services and Adaptations
0161 474 4341
East Area Office
(Bredbury, Brinnington, Compstall, Hazel Grove,
High Lane, Marple, Marple Bridge, Mottram
Street, Offerton, Romiley, Spring Gardens,
Victoria Park and Woodley)
1 Berwick Parade, Northumberland Road,
Brinnington, Stockport SK5 8LQ
0161 474 4372
east.area.housing@stockporthomes.org
Leasehold Officer
Assurance Team, Stockport Homes, 2nd Floor 1
St. Peter’s Square, Stockport SK1 1NZ
0161 218 1364
leasehold@stockporthomes.org
Local Government Ombudsman
PO Box 4771, Coventry CV4 0EH
0845 602 1983
07624 804299
advice@lgo.org.uk
Money Advice Team
Stockport Homes, 2nd Floor, 1 St. Peter’s
Square, Stockport SK1 1NZ
0161 474 4609
moneyadvice@stockporthomes.org
Planned Maintenance and Investment Team
0161 474 4407
maint.invest@stockporthomes.org
Repairs Contact Centre
0161 217 6016
housing.repairs@stockporthomes.org
West Area Office
(Adswood, Bramhall, Bridgehall, Cale Green,
Cheadle, Cheadle Heath, Cheadle Hulme,
Councillor Lane, Davenport, Didsbury Road,
Edgeley, Gatley and Heald green, Larkhill
and Shaw Heath, Reddish, The Heatons and
Lancashire Hill)
Bridgehall Community Centre, Siddington
Avenue, Adswood, Stockport
SK3 8NR
0161 474 4371
west.area.housing@stockporthomes.org
19
Accessing our services
This handbook
explains your rights
and responsibilities as
a shared ownership
leaseholder. If you would
like a copy in large print,
Braille, on audio tape or
CD, please contact the
Social Inclusion Team
on 0161 474 2860
or email: inclusion@
stockporthomes.org
Portuguese
Farsi
Chinese
Urdu
Arabic
Polish
Ref: 3428 03/03/15 AB