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Essential Guide for Leaseholders

Contents

 Introduction

This guide has been produced to give you information about being a Leaseholder with Bassetlaw District Council.  We hope that it will be a useful guide and will answer any questions you might have.

In order to keep this guide up to date we may send you extra pages on areas such as new laws or changes to our services.

Please add these pages to your guide when you receive them.

Bassetlaw District Council aim to improve the services we provide and would be pleased to receive any comments you have regarding this guide, or on any of the services we provide for Leaseholders.

If you have any questions that the guide does not cover, please contact us - details can be found on the back page of this document.

This booklet is for:

  • Leaseholders in Bassetlaw District Council’s block of flats
  • Council tenants who are thinking of buying the leasehold of their flat
  • Anyone who is thinking of buying a flat from a Leaseholder.

What is it for?

  • It is to explain your rights and responsibilities as a Leaseholder, and the Council’s rights and responsibilities as the landlord of your block.
  • It gives help and advice about being a Leaseholder in a shared block of flats, and tells you about the service you are entitled to.
  • It explains about service charges, why you have them, and how we can help if you have problems paying them.

Leaseholders’ Charter

We will act at all times as a reasonable and responsible managing agents of the landlord.

  • We will respect and protect your rights as a leaseholder and will expect you to respect the rights and responsibilities of the landlord.
  • We will keep the building in good condition to protect our investments and yours
  • We will try to deal with nuisance problems caused by neighbours in your block and will expect you not to cause nuisance to others.

About your lease

  • The lease is a contract between you and the Council. It gives you and your successors the right of possession of your flat for a long period (up to 125 years) provided you keep to the terms of the lease.
  • The lease document sets out the terms and conditions. You should ask a solicitor to look at it before you buy or sign the lease.
  • The lease is a legal document. Keep it in a safe place. We can give you a copy if you lose it*, but you should always have your own copy.

The Law

There are several Laws and Acts of Parliament protecting your rights as a leasehold tenant. If you are not sure of your rights, a solicitor can advise you or you can contact the Citizens Advice Bureau (see page 39). The main Acts of Parliament covering leasehold tenancies are:

  • Housing Act 1985
  • Landlord and Tenants Acts 1985 and 1987
  • Housing and Planning Act 1986
  • Leasehold Reform, Housing and Urban Development Act 1993
  • Housing Act 1996
  • Commonhold and Leasehold Reform Act 2002
  • Land Registration Act 2002

Useful information on the law relating to Leasehold is also available on Leasehold Advice Centre. 

Your rights as a Leaseholder

Repairs and Maintenance

You have a right to ask your landlord/the council to keep the ‘common/shared parts’ of your block in a fit state of repair. You also have the right to be consulted about major repairs for which you will have to pay a share.

Consultation

You have the right to be consulted about proposed works and service contracts depending on the cost to each leaseholder.

Making Alterations

You have the right to make alterations to the inside of your flat, as long as you do not remove structural walls or cause damage to the outside or shared parts of the building. (For major alterations you must ask our permission beforehand and you may need planning permission and building regulations approval).

‘Quiet enjoyment’

Under the law you have the right to the ‘quiet enjoyment’ of your home. This means you have the right to live peacefully in your flat without interference from your neighbours or the landlord, as long as you keep to the conditions of your lease.

Selling your Flat

You have the right to sell your lease to anyone you want to. You can also leave it to someone in your Will or give it as a gift. (You should ask a solicitor to help you do these to make sure everything is done legally). You must tell us when you sell your flat.

Lodgers and Sub-tenants

You have the right to take in lodgers or rent your flat (sub-let) to anyone you want to. You do not have to ask our permission, but you should let us know your contact address.

Your responsibilities as a Leaseholder

The Responsibilities of Ownership

As a leaseholder, you effectively become a ‘shareholder’ in the block you live in. This means you have a responsibility to pay your share of the costs of managing and maintaining your block. Your landlord (the Council) has a legal duty to charge you your share of the costs, and you have a legal duty to pay them.

Living with your Neighbours

Living in a flat can be difficult. You may have people above or below you, and you may have to share landings and other areas. You have a right to the ‘quiet enjoyment’ of your flat, and your neighbours have the same right. The council will try to deal with people who cause a nuisance to you, but equally you must not cause a nuisance to them. Tenants and Leaseholders who cause serious harassment to their neighbours can lose their home.

Service Charges

You must pay your share of the costs of managing and maintaining your block. This is a legal duty set out in the terms of your lease. If you do not pay your share, you are breaking your Lease Agreement and we could apply to a leasehold tribunal and then to the courts to have your lease ‘forfeited’. In these circumstances, you could lose your home.

We will always be fair about service charges. We will explain how they are calculated, and you can challenge any charges you do not agree with.

Major Alterations

You must not do anything, which is likely to damage the structure of the building or cause damage to shared services (such as plumbing to the roof tank, electricity or sewage). If you want to carry out any work, which may affect the rest of the building, you must get our permission in writing. You may also need planning permission and building regulations approval.

Our rights as managing agent

Management and Maintenance

We have the delegated right from the landlord to make decisions about:

  • The management of your block
  • Repairs to and maintenance of the structure and shared areas of the block
  • Improvements to the block.

We will consult you about changes in management and about major repairs and improvements. Your comments and views will be taken into account before we make the final decision.

Service Charges

We have a legal duty to collect from Leaseholders their share of the costs of managing and maintaining their block. If we did not do this, Council tenants would be unfairly paying for your share in their rents and that would be breaking financial regulations.

These charges include:

  • Ground rent
  • Management costs
  • Repairs to and maintenance of common/shared areas
  • Improvements to the block.

Right to entry in Emergencies

We do not have a right to enter your property, unless you have given us permission or in the event of an emergency, where there is danger to other residents in the block. We can only enter your property if a police officer is present at the time. An example would be a major roof leak or if damage were being caused to other properties in the block due to a leak from your plumbing.

Our responsibilities as managing agents

Repairs

We are responsible for keeping the structure and common / shared areas of the block in good repair.

Consultation

We are responsible for carrying out formal consultation with Leaseholders in certain circumstances. See page 29 for more details.

Buying a leasehold flat

If you are thinking of becoming a Leaseholder there are two ways you can buy the lease of a council flat:

  • Under the ‘Right to Buy’ if you are a Council tenant and you are already living in the flat (there are certain conditions you have to meet)
  • By buying the lease from the present Leaseholder (if the flat has already been bought under the Right to Buy and is being sold again)

In both cases you should get a solicitor to act for you, or at least someone who is qualified to protect your interests in buying the lease. It is important that you know what, if any, service charges are owing on the property so that you can make sure they are dealt with before the sale.

You may have to pay some charges owed by the previous Leaseholder (unless you are the first Leaseholder) if they are not cleared before the sale.

If you buy the lease from the previous Leaseholder you must tell us straight away. As landlord we have the right to know who is responsible for the flat.

You have the right to mortgage your flat to a mortgage lender.

Selling your lease or leaving it in your will

You have the right to sell your lease but you must tell the Council’s legal service within one month after the sale, and you must ensure the transfer is properly and legally carried out.

You can also give it to someone or leave it to someone in your Will.

Your solicitor should check details of all ground rent, service charges and insurance policies, so that these can be taken into account when the transfer is completed. The Council charges a fee to register a transfer and to record the interest of the bank or building society that has granted a mortgage against the lease.

If you sell your lease, or leave it to someone, you must make sure that it is done legally to protect your interests and the interests of the person you are selling or leaving it to. Unless there is a proper legal document to show that someone else is now the leaseholder, you will still be liable in law for any charges for the property.

If you die, and you have not left the lease to anyone in your Will, your executors will have to decide what to do with the lease. Any service charges still unpaid will be charged against your estate.

If you have anyone you would like to leave your flat to, such as your partner or children, you should seriously consider making a will (no matter what age you are).

Losing your home

There are some circumstances when the Council or your mortgage lender could apply to the Courts for possession of your home:

Forfeiture

Forfeiture is where the Council applies to the court to end your lease because you have broken the lease conditions. This could happen if:

  • You do not pay your service charges
  • You cause nuisance and harassment to your neighbours.

If the court decides that you have seriously broken the terms of your lease it may end the lease and give us possession of your flat. You would lose your home and would not usually get any payment or compensation.

Forfeiture is a drastic action. As a responsible landlord, we only use it when we have to, to protect the interests of the Council, its tenants and other leaseholders. With overdue service charges, we will always try to help people who have genuine financial problems. Before applying for forfeiture for unpaid service charges we would have to satisfy the Leasehold Valuation Tribunal* that the charges were reasonable, and the leaseholder had made no attempt to pay them.

Repossession by a Mortgage Lender

If you have taken out a mortgage to buy your lease, your mortgage lender has a ‘legal charge’ on your home. This means they can apply to the courts for repossession if you do not pay your mortgage. If the court grants them possession, they have the right to evict you, sell your lease and take what you owe them out of the proceeds. They must give you anything, which is left over, unless someone else (such as the Council as your landlord) also has a legal charge on the property for money, which is owed to them.

If you have problems paying your mortgage or service charges ask someone for help. Do not leave it until you are about to be evicted. We will always try to make arrangement over service charges, and mortgage lenders will always discuss terms for making mortgage payments.

*Leasehold Valuation Tribunal is an independent body which make decisions on any leasehold disputes.

Buying the freehold of your block

If at least two-thirds of the residents in your block are Leaseholders, you can apply jointly to buy the freehold of your block and manage it yourselves. This is called ‘enfranchisement’.

If you and your neighbours qualify under enfranchisement rules we cannot refuse to sell you the freehold. Generally, we are in favour of enfranchisement and the Council’s Legal Services staff will be happy to give you the details.

However, there are some things you should consider:

  • You would own your flat in ‘common hold’ with your neighbours and you would need to form a Management Committee for the block.
  • As the Council would no longer be your landlord, you would all be jointly responsible for the maintenance and management costs for your block.
  • You would no longer be able to call on the Council’s housing service if you had any problems with your neighbours.

However, if you get on well with your neighbours, you would have more say in the way your block is managed and the money that is spent on it.

If the block still had at least one rented council flat, we would be represented on your Management Committee. You would charge us for our share of the management and maintenance costs.

Remember that you can only apply for enfranchisement if at least two-thirds of the flats in your block are leasehold. If you are interested, you should discuss it with your neighbours and then contact the Council’s Legal Services.

Sub-letting your home

Lodgers

A lodger is someone who shares your home, like a member of our family does. You have the right to take in lodgers and you do not have to ask our permission, but you must let us know.

It is important that when taking in lodgers you do not become overcrowded.

Sub-Tenants

A sub-tenant is someone who rents your flat when you are not living there.

Please note the following in relation to sub-letting your property:

  • You should obtain the consent of your bank or building society if it is a condition of your mortgage
  • You should give us a contact address for yourself or your managing agent in case of emergencies or problems caused by defects within the flat (e.g. cistern overflows) or the behaviour of residents
  • You should let us know who is living in your flat for security reasons. We need confirmation that they have your agreement to be there
  • You are responsible for your tenant. It is therefore important that your tenancy agreement includes the same rules and regulations that apply to you as a lease. We will contact you or your managing agent if there are any problems that arise from their behaviour
  • The obligations and covenants within your lease will still apply to you whilst you are not living in your property. If there is a breach of the conditions of the lease we will take action against you not your tenant.
  • You remain responsible for the payment of service charges and ground rent. You must therefore notify the Sundry Debtors Unit of the address to send invoices (see section 12). If payments are not made, we will take proceedings against you and not your tenant.
  • You must tell us that you are sub-letting to ensure that any (building) insurance claim you make is covered
  • You should seek advice from your home contents insurers. If you do not, you may find that you cannot make a claim
  • If the property is left unoccupied for any length of time you must inform the Housing Management Officer
  • You will also be responsible for the landlord’s duties arising under the Gas Safety (Installation and Use) Regulations 1998. This means that you are legally responsible for making sure your gas appliances, pipe-work and flues are safe and well maintained. You should arrange for an annual gas safety check to be carried out by a Gas Safe registered gas engineer and ensure that your tenant is given a copy of the annual gas safety check record (CP12). Failure to meet these requirements can lead to criminal prosecution resulting in a large fine or possibly even imprisonment.

Please note also:

  • If you let someone else rent all or part of your home, you become their landlord and you could be creating a tenancy and give the occupier Tenants Rights etc, which could be difficult for you to end. You could have considerable difficulty making them leave if you wanted your flat back. You could also have problems selling your lease if you have a ‘sitting tenant’.
  • Before you agree to rent your home to someone else, you should look into it thoroughly. Ask Citizens Advice Bureau or a Solicitor what you should do to make sure you are legally protected

Energy Performance Certificates (EPC)

If you sub-lease (rent out) your home, as the landlord you are responsible for providing and paying for an Energy Performance Certificate (EPC). This will show the energy rating of your property on a scale from A (very efficient) to G (very inefficient), and will also contain recommendations on how the energy efficiency of your property can be improved.

  • Local Trading Standards Officers have the powers to enforce the regulations. Fines for the failure to produce an EPC can range between £500 and £5,000 depending on the property’s rateable value and an EPC will still be required.

To arrange an E.P.C. survey you can contact your local estate agent.

Who is responsible for repairs?

We are responsible for keeping the common or shared parts of your block in good repair. This means we will look after the structure of the building and the landings and hallways (including lighting, controlled door-entry systems etc).

Repairs We Are Responsible For Include:

Structure

  • Roofs, drains, gutters and pipes to the outside of your home
  • Outside entrance doors (but not the front doors of individual flats)
  • Window frames and sills
  • Outside paint work
  • Paths and steps
  • Boundary fences (except where you or a neighbouring owner are stated to be responsible for them)
  • Stairs and landings
  • Garages, outbuildings, and drying areas

Installations, Fixtures and Fittings

  • Shared water pipes, water tanks, gas pipes and electrical wiring
  • Light fittings in shared areas
  • Controlled door-entry systems
  • Decoration in shared areas

Repairs You Are Responsible For:

  • All repairs to the inside of your flat, including your front door & all fixtures and fittings
  • Any damage to common/shared parts and services caused by you, members of your household or your visitors

You should make your own arrangements to carry out repairs inside your flat and must ensure that no damage is done to shared services or the structure of the block. You will be liable for any damage caused to the landlord’s property. If you have any doubt about work you intend to carry out, contact the council. You must not continue with the work if instructed not to. You must not carry out repairs on any other areas as these are the responsibility of the council. You will be liable for any damage to shared areas caused by you, your household or your visitors. Always report repairs in shared areas to our Contact Centre on 0800 590 542.

How to report a repair

There are several ways to report a repair, which is our responsibility. The quickest and easiest way is to call our Contact Centre on: 0800 590542. We will ask you for:

  • Your name and address
  • As many details as you can give about the problems and the repair that is needed

Emergency repairs can be reported anytime on 0800 590542 (24hrs inc bank holidays)

You can also report a repair by:

  • Writing to Council Housing, Bassetlaw District Council, Hundred Acre Lane, Worksop, Notts. S81 0TS
  • Asking a Housing Officer to pass on your request
  • Emailing details of the repair together with your name and address to: customer.services@bassetlaw.gov.uk
  • Filling in our online form

When will the Job be Done?

We give all repairs a priority rating depending on our assessment of how urgent the repair is in accordance with the Housing Repairs Policy. We will tell you which priority your repair falls within and the target date for completion.

Emergency – This priority is for remedial repair work, which if left unattended may put you or other residents at risk. We will complete such repairs within 4 hours of the repair being reported. Examples include:

  • Flood
  • No electricity to the block (except for power cuts)
  • Faulty door entry system – residents unable to enter the building

Paying for the Repair 

Once a repair has been carried out you will receive an invoice for your share of the costs. Repairs costing under £250 per Leaseholder are classed as ‘minor’ and we do not carry out a consultation process. Before carrying out major repairs you have the right to be consulted.

The cost of repairs will normally be shared between you, the Council and other Leaseholders in your block. If the job is not done properly, or it is not done within the time given, please let us know by contacting our Contact Centre.

Alterations

As a Leaseholder you have the right to improve your home, but for some improvements you will need written permission from the council. This is because, as landlord, we have an investment in the block and a responsibility to other tenants. We will not refuse permission unless we have a good reason. You may also need to get planning permission and building consent before starting work.

We do not need to know about minor works such as decorating, but we do need to know about any alterations, which affect walls, windows, door frames, plumbing, and electrical services.

The outside window frames belong to the landlord. You must not replace your windows or frames unless we have given you permission in writing.

What Sort of Alterations do I Need Permission for?

  • Any additions or change to the structure or services in your home, including fixtures and fittings such as heating and kitchen units.
  • Aerials and satellite dishes
  • Outside decoration

How do I get Permission?

Write to the Housing Officer. You will need to say exactly what you want to do and include a drawing or plan. A building surveyor may need to visit your home before we can make a decision. We will give you an answer within seven days of receiving your request or one month if we need to contact you for more information. If we refuse permission we will tell you why. You then have the right to appeal.

To appeal you will need to write to the Tenancy and Estate Manager. If we refuse permission it will be for a good reason. If you go ahead with work after we have refused permission you will be breaking your lease, which could lead to Court action.

The permission we give you to go ahead is not the same as planning permission. You are responsible for getting any necessary planning permission or building regulations approval from the Council. We will normally make it a condition that you do this when we give you permission for the work.

If you do something without permission we have the right to put things back as they were and charge you for it.

Living in a flat

If you live in a flat or maisonette, it is important to bear in mind that what you do affects your neighbours. So please remember:

  • Not to make too much noise, especially at night or early in the morning
  • To help keep the shared areas clean and tidy
  • To take special care to keep pets under control
  • To be a good neighbour. Remember that under your Lease Agreement you have a duty not to cause a nuisance or annoyance to your neighbours. You are also responsible for making sure that your family and visitors to your home do not cause a nuisance or annoyance.

Shared Areas And Services

We are responsible for maintaining the common/shared areas in your block, but everyone living in the block has a duty to keep them clean and use them properly. 

Remember that you pay a share of the cost of maintaining shared areas so if you see someone causing damage to or misusing stairways, landings, parking areas, drying areas, security doors and other shared facilities please tell a Housing Officer at once. If you can get evidence of who caused the damage we can charge them for it so that none of the cost will fall on you in your service charges.

  • If you live in a flat or maisonette in a block that has one or two storeys, you and your neighbour are jointly responsible for keeping the shared areas clean and tidy.
  • If you have shared grounds and drying areas around your block, we will maintain these during the year. This includes grassed areas, borders, paths, trees and drying areas.

If a repair needs doing to one of the shared areas in your block, tell our Contact Centre. Do not assume that someone else will do it. If the lights are out on the stairs, please report this immediately.

You and your neighbours

As a Leaseholder with Bassetlaw District Council you have the right to enjoy your home in peace and quiet, and your neighbours have the same right.

If you cause a nuisance or annoy your neighbours you are breaking the terms and conditions of your lease agreement.

You may also be breaking the law.

If you have a problem with your neighbours the first thing you should do is talk to them.

They may not realise that they are causing you a problem – so try and talk the problem through.

Noise - how we can help

If you cannot sort out your problem by talking to your neighbour then you should talk to a Housing Officer. They will be able to tell you about your rights and explain what we can and cannot do to help.

In most cases a Housing Officer will talk to your neighbour about the problem. They can also send a written warning if they feel it is needed and will help the situation.

If the situation is serious you will need to keep a diary recording the nuisance. In nuisance cases we need these types of records as evidence if we are to go to court. We will always try to take action where there is good evidence of a serious nuisance, and a Council tenant or Leaseholder is the victim (or the cause) of the nuisance. However, there is little we can do if you don’t collect this evidence.

Legal action is used as a last resort as it could mean that the person causing the nuisance is evicted from their home. You may need to go to court to give evidence if the case went that far.

You could also take legal action yourself by asking the County Court to grant an Injunction to stop the noise, if you can prove your health, comfort and convenience have been upset. To do this you would need to see a solicitor. As a first step you could talk to the Citizens Advice Bureau.

Legal action in nuisance cases can be long and difficult, so always try to speak to your neighbour first to reach a friendly agreement. But remember, you don’t have to put up with inconsiderate behaviour so tell a Housing Officer if it doesn’t stop.

Harassment and anti-social behaviour

  • If you or anyone living in your home is suffering from harassment from a neighbour tell a Housing Officer. We will try to help you. You may need to collect evidence in the same way as we described for noise nuisance. If you are the victim of harassment, please contact the Council's Customer Services.
  • In cases considered to be serious we will ensure a Housing Officer speaks to you within 24 hours of receiving the complaint. You must also make sure that neither you, your family nor any visitor to your home causes harassment to your neighbours.

Harassment includes:

  • Violence or threats of violence
  • Abusive or insulting words or behaviour
  • Damage or threats of damage to property
  • Any actions which interfere with a neighbour’s peace, comfort or convenience

Race and Hate Incidents

Racial or hate incidents are serious offences. If you, your family or any visitor to your home, threaten, abuse or insult your neighbours for example in a racist way you risk prosecution by the Police. In serious cases you could lose your home.

We will help any Council Tenant or Leaseholder that is the victim of a race or hate incident. If you are the victim of a race or hate incident, please contact Customer Services. We will ensure a Housing Officer speaks to you within 24 hours of receiving the complaint. We can also offer a range of other support to help deal with the problem. You should also report it to the police.

Vandalism And Graffiti

We need your help to stop vandalism and damage. You should report any incident to a Housing Officer (we will treat all reports confidentially) and to the police.

Joint Anti-Social Behaviour Team

Bassetlaw District Council operate an Anti-Social Behaviour Team. If you feel you are being subjected to Anti-Social Behaviour please report this to your Housing Officer in the first instance on 0800 590 542 and if they can not resolve the issue it will be passed to the ASB Team for action.

In and around your home

Pets

You must have permission for your pet and you must make sure that it is kept under control and does not cause a nuisance or annoy neighbours. This is a condition of your lease. If your pet does cause a nuisance, we will ask you to control its behaviour or if this does not solve the problem, to find a new home for your pet. If you are having problems with dogs (your own or someone else’s) you can ask the Council’s Dog Warden to help on 01909 533219 or 01777 713764

Gardens

If your flat has a garden you are responsible for keeping it tidy. You should not allow rubbish to build up as it may cause a health hazard and encourage mice and other pests. The council can take legal action if necessary to rectify the problem.

Satellite Dishes

If you want to fit a satellite dish on the outside of your flat you must get permission from a Housing Officer in writing. We will not normally refuse as long as it is installed properly. You may also need planning permission.

Car Parking

Many blocks of flats have shared parking areas. Some flats and maisonettes have their own driveway to park on. Parking in shared areas is on a ‘first come – first serve’ basis. No one has their own parking space. Please consider others when you park:

  • Do not cause an obstruction; you could prevent emergency vehicle access
  • Do not park on the footpath it is against the law.
  • Do not park in your garden unless you have a hard standing and a dropped kerb
  • Do not park lorries and trucks on residential streets and especially in shared parking areas.

You can do minor repairs to your own vehicle in a shared parking area, at the roadside or in your garage, as long as you do not disturb your neighbours. You should not do major repairs to your own vehicle or do repairs for other people, whether for money or not. Sensible use of shared parking areas help you and your neighbours – tell a Housing Officer if someone is causing a nuisance in your parking area.

Condensation

Condensation can be a problem in flats if you do not have proper ventilation.

To limit condensation:

  • Try to make sure that there is enough constant heat in your home, so there are no cold surfaces for moisture to settle on.
  • Try to make sure that there is some ventilation in each room by opening windows or by turning on extractor fans if you have them.
  • When cooking, put lids on saucepans, close the kitchen door and open a window or turn on an extractor fan.
  • Try to dry clothes outside if possible. If it has to be done indoors, keep a window open and, if you are using a tumble dryer, make sure it is vented to the outside.
  • When running a bath, run the cold water before the hot to reduce the amount of steam, and keep the bathroom door closed. Afterwards, keep the window open and leave an extractor fan running until the walls and windows are dry. Don’t let the moisture escape into other rooms.
  • Paraffin and liquid gas heaters give off water vapour as they burn and make condensation worse. Paraffin heaters can also be dangerous. Avoid using them.

Insurance

Who insures your home?

Your service charges include an amount for insuring the building, which includes the outer walls, the roof, common/ shared areas and underground services. This means that Bassetlaw District Council’s Insurance covers damage to the structure of the building caused by fire, flood etc.

The Council’s Insurance does not cover the contents of your flat (such as your furniture and personal belongings). To cover these you should arrange your own home contents insurance.

You have a right to a copy of the Council’s Building Insurance Policy if required. Please contact the Council’s Finance Unit to request a copy

What if I do not have home contents insurance?

If you do not have home contents insurance you are taking a big risk. You need to consider the following:

  • If you had a fire, flood or a break in, at your home could you afford to replace your furniture, clothing and belongings?
  • If you live in an upstairs flat or maisonette and your bath overflowed and flooded your downstairs neighbour’s property, you would be responsible for the damage, but could you afford to pay?

What will it cost?

Home contents insurance need not be expensive, and most companies will let you pay in monthly/quarterly instalments.

There are many insurance companies and many banks and building societies also sell insurance. Costs will vary so it pays to shop around for a good deal.

It is better to be safe than sorry. Make sure you are properly insured and keep to the conditions of the Insurance Policy.

Why do I have to pay service charges?

When you bought your lease, in effect you become a ‘shareholder’ in the building your flat is in. This means that you have a responsibility to pay your share of the costs of maintaining and managing the building.

If you owned a freehold property you would have to a pay all the costs of running your home, including repairs and maintenance. As a leaseholder you share those costs with your landlord and other leaseholders. If you have not owned a home or leased a flat before it is important that you are aware of the cost of running it as it can be more expensive that you might think.

As a landlord we have a legal duty to maintain the building and charge you your share of the cost. The costs are shared equally among all the flats in the block (unless a specific cost belongs to one flat or to only a part of a block).

For example, if there are 10 flats in your block and 7 of them are rented to Council tenants and the other 3 are leaseholders, each leaseholder will pay a tenth of the cost and we will pay seven tenths for our tenants. (The rent that Council tenants pay covers the cost of repairs to Council homes).

As a social landlord, we have to maintain our blocks of flats to a good standard. This means that we have to spend money on keeping them in a good state of repair, because we have a duty to our tenants to provide them with good homes. If we did not spend this money the flats would deteriorate and your flat would be worth less if you wanted to sell the lease. It would also become less pleasant to live in. If we did not keep the blocks of flats in good repair we would not be doing our duty to our tenants, or to you as a leaseholder, and the investment in your home would suffer.

How your service charges are made up

Your Service Charges are Made up Mainly of the Following Costs:

  • Ground rent (this is set at £10 a year under the Housing Act 1985).
  • Repairs and maintenance to your block
  • Grounds maintenance for shared garden areas within your block
  • Management charge (our cost in managing leasehold flats)
  • Building insurance
  • Staircase lighting and cleaning
  • Window cleaning

These costs will be listed on your service charges invoice. Normally you will get one invoice every year, but if any repairs have been carried out you will receive an invoice when the works have been completed.

Costs are Shared as Follows:

  • Costs that apply to the whole block are shared equally between all council and leasehold flats in the block
  • In some cases, costs apply to part of the block and are shared between the people who live in part of a block
  • Costs that apply only to one flat are just charged to that flat
  • Management costs are charged to all leaseholders
  • Insurance costs are shared equally between all council and leasehold flats

You are only charged for costs, which belong to the block you live in.

The First Five Years

If you buy a Council flat as a secure tenant under the Right to Buy we have to tell you how much the services charges are likely to be in the first five years. We do this by considering what repair or improvement works are likely to have to be done to your block in this time and estimating how much it is likely to cost.

Once we have estimated these costs for the first five years, we cannot charge you more than this (except for an allowance for inflation). If we overestimate, we will only charge you what it actually costs. This is called the five year ‘protection period’. This period applies to repairs and improvements from the date the first buyer buys the lease. If you sell the lease within this time the next buyer is entitled to what is left of the five-year protection period. We do not give a new five-year period each time the lease is sold on.

Keeping in touch

Your Right To Be Consulted

Consultation on Major Works and Long-term Agreements

New regulations came into force on 31 October 2003 revising the legal consultation requirements for Council Leaseholders.

By law, we must now consult you before carrying out work above a certain value and before we enter into a long-term agreement for providing services.

We must consult you about the following:

Qualifying works

This is work and improvements on a building or any other premises where any leaseholder would have to pay more than £250. We will give you information about the work and costs, and our reasons for doing the work, using a procedure set out in a section 20 notice.

Qualifying long-term agreements

This is an agreement we enter into, or which is entered into on our behalf, for more than 12 months and where the cost in any one year would mean that any leaseholder would have to pay more than £100.

Examples of possible qualifying long-term agreements include agreements affecting the building generally for example, maintenance contracts for lifts or door entry systems, building cleaning, grounds maintenance and insurance.

We do not have to consult you about some long-term agreements, including:

Employment contracts

Management agreements made by the council and a tenant

Tenant Management organisation (TMO) or an Arm’s-Length Management Organisation (ALMO)

An agreement for a term of more than 12 months which was entered into before 31 October 2003

How we will consult you

There are usually two stages to the consultation process, which requires us to issue Notices to all leaseholders in the block.

Stage1 - Notice of Intention - which will include the following information:

  • A description of the works or the address and opening hours of where the description may be inspected
  • The reason for considering it necessary to carry out the works
  • An invitation to nominate an alternative contractor for the Council to request an estimate from (see note below)
  • The name and address where any written observations about the works can be sent
  • The date by which any comments or observations must be received, which will be 30 days from the date of the Notice.

Please note: This provision does not apply to contracts, which are subject to European Union procurement rules.

Stage 2 - Notice of Proposals (Estimates)

After consultation on the intended works has been completed, you will receive a second Notice giving details of the proposed contractors and the estimated cost of the works.

You will have 30 days in which to make any comments or observations about the estimates. We will issue a further Notice only where the contract is not awarded to either the contractor nominated by the Leaseholders or to the lowest bidder, giving reasons for entering into that contract.

Qualifying Long-Term Agreements – Major Works

A one-stage consultation process will apply to major works carried out under the long term partnering arrangement we have entered into with our Construction Partners for the delivery of the Council’s Major Improvements Programme.

This means that Leaseholder will still be asked for their comments or observations regarding the proposed works. But, you will not have the opportunity to nominate an alternative contractor.

Your observations or comments

If you wish to make any comments or observations as part of the consultation process, please make sure we receive them within the period given in the notice. Your comments will be considered before awarding the contract or commencing the works.

As a Leaseholder you will be required to pay your share of the cost of the work. This is why law sets down the consultation process - to ensure you have the opportunity to have your say before any works commence. Please take this opportunity to have your say.

There is also a consultation process for tenants of the block and we actively encourage all tenants and Leaseholders to get involved in the consultation process.

The council has produced a separate guide for Leaseholders on the Consultation process, which gives further details about the procedure, what you can expect from us and your rights.

Your service charge bill

How you get your Bill

Every year we will send you an invoice for your share of the costs. We will ensure this bill is sent to you within 18 months of the costs being incurred. We will also ask for some charges to be paid in advance, for example, ground rent and Insurance.

Paying your Bill

There are two options for paying your bill:

  • You can pay the full amount within 30 days
  • You can ask to pay by monthly instalments on Direct Debit. - You need to contact the Sundry Debtors Unit who sent you the bill to arrange this.

You also have a choice of ways to pay:

  • By an annual Direct Debit payment
  • By cheque, credit card or debit card over the counter at the Council offices
  • By cheque via post

Your Statement

You will receive a quarterly statement of your service charge account. Please check this carefully, it will show the charges we have made, and the payments received from you. If you have any queries, please contact the Sundry Debtors Unit.

If You Have Problems Paying Your Service Charges

If you find you cannot pay your service charges bill straight away don't ignore it! You could end up losing your home if you don't pay it. Please contact the Sundry Debtors Unit or a Housing Management officer if you are having difficulties paying your bill.

Loans

You may have a right to a loan from the Council to assist you in paying some or all of your service charges for major repairs during the first 10 years of the lease. You may also be able to apply for a Discretionary Loan from the Council, depending on your circumstances. There are two types of loans available; those repayable on a monthly basis and those that are repayable when the property is sold or transferred tel: 0800 590 542 | 33 another person. To qualify for a loan, repayable on monthly instalments you would have to satisfy each of the following points:

  1. You own and live in the flat
  2. You have been refused a loan by at least two High Street lenders (e.g. Banks or Building Societies)
  3. There's enough equity in the value of you flat after taking into account any mortgage or loans you have
  4. You can meet the monthly repayments of a loan from the Council

If you cannot meet the repayments you may be able to apply for a loan which is repayable when the property is sold or transferred. Please contact a Housing Management Officer for more information on loans.

Benefits

You should also see if you are entitled to any benefits. Leaseholders cannot get Housing Benefit but may be entitled to Council Tax Benefit or Income Support. Contact the Citizens Advice Bureau or the Department for Work and Pensions (DWP) for further advice on benefits. You can also search www.gov.uk for benefits information.

What If I Don’t Agree With My Charges?

We will always try to work out your charges properly and fairly, but if you think we have made a mistake or charged you for something you have not had, please do the following:

  • First contact us and we will look at your account again and make sure it states the correct amount.
  • If you still think you are being charged unfairly, you will be able to apply to the independent Leasehold Valuation Tribunal

Leasehold Valuation Tribunal

Leaseholders Valuation Tribunals have been set up to provide a quicker and simpler alternative to court proceedings. Either you or the landlord (us) can apply to the tribunal to settle a dispute over service charges. The tribunal will decide:

  • If the cost of the services we are charging for is reasonable

You cannot appeal to the Leasehold Valuation Tribunal if:

  • A court or tribunal has already made a judgement about your charges
  • You have already agreed that the charges are correct

What will it cost to apply to the First-tier Tribunal (Property Chamber)?

An application fee is payable by the applicant and depends on the sort of application being made. For applications relating to the challenge of costs, the fee is based on the amount in dispute and for other applications it is based on the number of dwellings to which the application relates. Where a matter proceeds to hearing, there may be an additional £190 hearing fee payable. At the moment, the maximum fee payable is £630.

The Tribunal’s decision on whether you must pay all the service charges or that we must reduce them, is binding and we must both abide by its decision. If you want your service charges to be considered by a Leasehold Valuation Tribunal, tell us and we will give you information on how to go about it. Alternatively you can contact them direct or through the Leasehold Advisory Service.

Leasehold Advisory Service

The Leasehold Advisory Service is funded by the Government to provide free legal advice to leaseholders and landlords. www.lease-advice.org

Mediation

The Leasehold Advisory Service provides a mediation service and offers a way to settle a dispute without the need to go to court or the Leasehold Valuation Tribunal. Mediation allows you and the council to discuss the problem and work out a solution together, in an informal setting. Both parties meet with a LEASE mediator who helps them to clarify the issues, to communicate with each other and to reach an agreement. Mediation is quick, cheap, informal and confidential. However, please remember, if you think your charges are wrong, tell us first and we will try to sort it out.

What Happens If I Don’t Pay My Charges?

Your lease is a legal contract between you and the Council. Under the lease you have to pay reasonable charges that the Council pays to manage and maintain your block. If you refuse to pay your charges you are breaking your contract and we can go to court tel: 0800 590 542 | 35 to ask to have your lease ‘forfeited’. If the court decides that you have seriously broken the terms of your lease it may end the lease and give us possession of your flat. You would lose your home and would not usually get any payment or compensation.

If you have problems paying your charges we will always try to help. But if it becomes clear that you are making no effort to pay off your charges we can:

  • First, apply to a Leasehold Valuation Tribunal for a decision that your charges are fair
  • Then apply to the court to recover the money you owe

If you persistently fail to pay your service charges you are breaking the terms of your lease and we can apply to the court for your lease to be forfeited and repossess your home.

We hope that things never get to this stage, but it does happen and people do lose their homes.

Benefits

If you are on a low income, you may be entitled to a number of benefits, which can help you. As a leaseholder, you may be able to get help from:

  • Income Support, Jobseekers Allowance, Employment and Support Allowance and Universal Credit
  • Council Tax Reduction
  • Council Tax Discount (whether you are on a low income or not)

There are many benefits you can get, depending on your circumstance. Advice is available from various agencies including:

  • Bassetlaw District Council
    • Benefits Unit 01909 533 287
    • Council Tax Unit 01909 533 234
  • Jobcentre Plus 0800 0556 688
  • Bassetlaw Citizens Advice Bureau 0844 8563 411

If you have access to the internet there are various websites where you can also get advice on benefits, for example www.gov.uk and www.entitledto.co.uk

Council Tax Reduction Scheme (Bassetlaw District Council)

You could be eligible if you are on a low income or claim benefits. The scheme is reviewed annually and is currently;

  • Based on weekly net income and thresholds for needs (means-tested);
  • Have full income disregards such as child benefit and war widows income;
  • Be based on your weekly council tax liability but have a maximum amount or cap for non-vulnerable working age claimants which will not be the full weekly council tax, (90% in the current year);
  • Have a maximum amount of 100% for pensioners (no cap);
  • Have a maximum amount of 100% for severely disabled (vulnerable) working age (no cap);
  • Have a hardship fund to help those with severe financial needs or exceptional circumstances
  • Have an appeals process for disagreements with the Council’s decisions.

You cannot claim Council Tax Reduction if:-

  • You are not the liable person on the bill
  • You, or your partner between you, have more than £16,000 in savings (unless you get Pension Credit) or have other assets or property worth more than £16,000 eg a holiday home or caravan.

Second Adult Rebate

If you have to pay Council Tax and the only person living with you is on a low income or is ignored for Council Tax purposes, you may be able to get another type of Council Tax benefit called Second Adult Rebate. This is only if the other person living with you is not your partner or spouse or a joint owner. However, the rules are complicated so if you are unsure, contact the Council’s Benefits Unit.

If you put in a claim and qualify for Council Tax Reduction you will be paid either Council Tax Reduction or Second Adult Rebate, whichever is higher.

Council Tax Discounts

As well as Council Tax Reduction there are certain other discounts that may mean you pay less Council Tax. Any reductions or changes to the amount of Council Tax you pay should be shown on your bill. These may be:

Single Occupancy Discount

If there is only one adult living in your flat your Council Tax may be reduced by 25%. There are some people who will not be counted when looking at the number of adults living in a home, so if you live with an adult who is ‘discounted’ for Council Tax purpose you should still get Single Occupancy Discount.

Disability Reduction

You may get a reduction in the amount of Council Tax you have to pay if you, or someone who lives with you, are disabled and have either:

  • A special adapted room
  • A second toilet or bathroom added for the disabled person; or
  • Extra space in your home, or it has been adapted, because they are a wheelchair user.

Getting involved & complaints

We will consult you on matters that affect you as a Leaseholder. This might be by sending you a letter, survey or newsletter, or by inviting you to one of our quarterly Leaseholder Forums or annual Leaseholder Consultation Event. We will then take your views into account when we make the final decision.

We aim to provide our customers with the highest quality services. We recognise that we may not meet these standards at all times and we encourage you to let us know when we don’t so that we can work with you to put things right.

How to make a Complaint

If you want to make a complaint there are a number of ways you can do this. The simplest way to sort out a problem is to discuss it with the staff concerned, either face to face or on the phone. Many problems can be quickly sorted out this way, without the need to go further. If you are not happy with the response, the formal complaints procedure will help us deal efficiently and effectively with your complaint.

Making a Formal Complaint

You can make a formal complaint in a number of ways; either by letter, by phone, by e-mail or in person. Our contact details are:

Council Housing Complaints Officer

Carlton Forest House,

Hundred Acre Lane,

Worksop

S81 OTS

E-mail: customer.services@bassetlaw.gov.uk

We will aim to sort out complaints effectively and in accordance with our Complaints Procedure. For more information please see our leaflet, How to Complain.

Compliments

As well as monitoring the complaints made against Housing we also monitor our compliments. We encourage feedback from our customers and like to hear if they have received a service that they feel was very good or if they feel that a member of the Housing staff deserve a ‘pat on the back’ for the way they carry out their duties.

Leaseholder service standard

If you want to make a compliment you can contact the Customer Services team with the details of your compliment and, if necessary, who it is for and they will make sure it is logged and passed out to the relevant manager. We aim to give the best service possible to you, our customers. It helps us to know if we are doing things well or if you feel something is wrong.

These are the standards you can expect from us:

Leaseholder Service Standard

We will:

  • Aim to resolve Services issues within 5 working days
  • Send you an invoice for your contribution towards necessary repairs the following month after the repair is completed.
  • Send a statement each quarter showing any outstanding service charges or any new charges due. Once the invoice has been paid in full no further invoices will be sent within the year.

Useful Contacts Bassetlaw Citizens Advice Bureau 

0844 8563 411

Bassetlaw District Council

Queens Buildings,

Potter Street,

Worksop S80 2AH

www.bassetlaw.gov.uk

customer.services@bassetlaw.gov.uk

01909 533 533

Jobcentre Plus

0800 0556 688

Leasehold Advisory Service (LEASE)

20 7832 2500

 

Last Updated on Wednesday, May 8, 2024