POOLE HOUSING PARTNERSHIP LTD
LEASEHOLD HANDBOOK A Guide to PHP, our services and your rights and responsibilities as a Leaseholder
Contents Page Contents About Poole Housing Partnership .................................................................................................... 3 Repairs / Maintenance: Who is responsible? ................................................................................... 4 Buildings Insurance (and other insurance) ....................................................................................... 5 Cleaning of communal areas ........................................................................................................... 6 Fly tipping ..................................................................................................................................... 7 Grounds Maintenance / Gardening .................................................................................................. 8 Noise Nuisance & Anti Social Behaviour ......................................................................................... 8 Sub-letting, alterations and pets....................................................................................................... 8 Leasehold Charges .......................................................................................................................... 8 Extending your lease ....................................................................................................................... 8 Buying the freehold (collective enfranchisement) ............................................................................. 8 Selling your flat ................................................................................................................................ 8 Useful Contact Details ..................................................................................................................... 8
IMPORTANT NOTE: NOT ALL LEASES ARE THE SAME AND SO THERE ARE SOME THINGS THAT YOU MAY NEED TO CHECK AGAINST YOUR OWN LEASE. THIS HANDBOOK IS FOR GUIDANCE ONLY
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About Poole Housing Partnership Poole Housing Partnership Ltd is an Arms Length Management Organisation (ALMO) wholly owned by Borough of Poole and operating as a separate company. We are a non-profit making organisation. We manage the housing stock for Borough of Poole and have responsibility for:
Delivering excellent housing management services Repairing, maintaining and improving the housing stock Cleaning and caretaking Promoting and supporting resident involvement Collection of rent, leasehold charges, contractor charges and other sundry debts Tenancy support services
Our obligations as the freeholder As the freeholder of the building, we manage and maintain the structure and fabric of the building and any grounds. Our obligations to you are included within your lease, usually found under Clause 5. A brief summary is included below:
Keep in repair the structure and exterior of the flat and building Make good any defect affecting the structure of the building Rebuild or reinstate the building in the case of destruction by any insured peril (such as flood or fire) To paint all outside parts of the building which are usually painted To paint all internal communal areas of the building which are usually painted To provide the services listed within the lease (this may include, communal lighting, collection/disposal of refuse, entry phone systems, communal aerials, lifts, drying areas, communal window cleaning).
We will also:
Comply with all legislation regarding planned major works. This includes sending Section 20 consultation notices to inform you about works which will affect your property and where you will be expected to contribute more than £250 towards the works. Send an Annual Statement detailing the actual cost of managing and maintaining you block and provide an estimate of the costs for the year ahead. Deal with Solicitor enquiries regarding re-sales on the open market Advise you on housing related matters that affect the enjoyment of your home – such as if you are experiencing noise nuisance from others who live within your block Respond to leasehold enquiries
How to get in touch with us See the ‘useful contacts’ page on page 15.
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Repairs / Maintenance: Who is responsible? Poole Housing Partnership are the freeholder of the building and so we maintain the structure and fabric of the building. You will receive a bill for your share of any costs involved in this as part of your service charges or major works charges. Anything contained within your flat is usually your own responsibility to maintain. PHP maintain and repair:
Anything structural to the building: roof, chimney stack, external walls and render All internal communal areas such as communal stairways and lifts All external communal areas: shared paths and gardens, carparks, drying areas, etc. Communal drains External fittings: gutters, down pipes, soil stacks, flashing, fascia, etc. Communal fittings: door entry system and communal aerials etc. If not demised, then window frames (not glass) and front doors
You also have an obligation in your lease to keep your flat in a good standard of repair and to ensure that your flat does not cause any issues to other properties, such as by having unsafe electrics which could pose a fire risk to the building or water leaking from an overflow pipe in your flat and causing water damage to the building or another flat.
“Keep the Flat and every part thereof in good and tenantable repair and condition”
The leaseholder will usually need to maintain and repair:
Everything inside the flat: internal doors, plaster, water pipes and plumbing, electrics, internal fittings and fixtures Personal / non communal gardens, drives and paths Non communal items/alterations: such as your own satellite dishes and aerials, conservatories etc. All keys to windows and doors Window glass If demised, then window frames and your own front door
Leasehold obligation as per your lease. Usually found under clause 2 (4).
How to report a repair issue You can report a repair or maintenance issue to our repairs helpdesk by:
Check your lease
Not all leases are the same and so this handbook is meant only as a guide. You may need to refer to your own lease or speak to the Leasehold Services Officer if you are unsure.
Telephone 0800 6523900 Email: repairs.php@poole.gov.uk On our website: http://www.yourphp.org.uk/residentsand-leaseholders/repairs/ At our office: Poole Housing Partnership, Beech House, 28-30 Wimborne Road, Poole, BH15 2BU.
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Buildings Insurance (and other insurance) Poole Housing Partnership are the freeholder of the building and so we insure the structure and fabric of the building, this is called Buildings Insurance. What the Buildings Insurance covers
The cost of the Buildings Insurance is included within your service charges.
All leaseholders should consider purchasing their own contents insurance, as your contents are not covered by the Buildings Insurance Policy.
Costs to rectify building damage caused by an insured peril Insured perils include: fire, lightning, explosion, aircraft, riot and civil commotion, earthquake, flood, escape of water, falling trees, impact, leakage of oil, accidental damage to supply pipes and cables
What the Buildings Insurance does not cover
Your contents Loss of rent (if you are a landlord who is sub-letting your property) Damage caused by escape of water or malicious persons if the property has been empty for more than 30 consecutive days Third party liability Damage caused by terrorism Damage caused by frost or solely attributable to changes in the water table level
The insurance excess
£1000 for claims relating to subsidence, ground heave or landslip. £100 for all other insured perils.
View the full policy or summary of cover
You can view or download the current policy on our website: http://www.yourphp.org.uk/reside nts-and-leaseholders/buildingsinsurance/
You may also wish to consider public liability insurance which will cover you if you cause damage to another property (such as if a water pipe within your flat bursts and causes damage to a flat below you). If you are a landlord and you sub-let your property, you may also wish to consider Landlords Insurance to cover things such as loss of rent.
How to make a claim Complete the claim form which can be found on our website, or by requesting a form be sent to you. Obtain at least 2 quotes for the rectification of the damage. Send the completed claim form and quotes to insurance@poole.gov.uk as soon as possible (this must be within 30 days of the damage). The insurance company will then be in touch with you regarding the next steps.
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Cleaning of communal areas If you have purchased a property within a block that has an internal communal area, such as a communal stairway or hallway, then you and the other residents in the block are jointly responsible for ensuring that the communal area is kept clean, tidy and free of furniture and other items. The Cleaning Contractor, AJL Cleaning The cleaning of communal areas by residents is supplemented by our cleaning contractor, AJL Cleaning Ltd. The cost of this cleaning service is included within your service charges. The specification of works that the cleaners will carry out varies by block. The specification is pinned up in the communal area of the ground floor of your block. It shows a list of cleaning tasks that the cleaners do, along with the frequency of each item.
“Not lo leave litter or refuse of any kind on any part of the building/estate” Leasehold obligation as per your lease. Usually found under clause 4 (8).
“Jointly with the occupiers of the other flats to clean the hall, landing and staircase” Leasehold obligation as per your lease. Usually found under clause 4 (16).
The cleaning specification varies by property so please check the notice in your block for details. The cleaners will:
Sweep & mop tiled floor areas, usually once a week Dust bannisters, handrails and skirting boards Remove any graffiti and litter Sweep any communal bin storage areas, usually once a quarter. Clean any communal bins, usually once a year
Caretakers & larger blocks If you live in one of our larger blocks of flats (Sterte Court, Drake Court, Rodney Court, Nelson Court, Grenville Court or Lagland Court) we also have a caretaking service to help keep the communal areas and estates safe, clean and tidy. The caretakers provide a daily service and will clean the ground floor and lifts, check the landings and rubbish chutes and spot clean where necessary.
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Fire Safety is an important issue and we have to comply with various rules and regulations. Our Estates Officer (Fire Safety) carries out regular spot checks to all of our blocks. The communal areas must be free of furniture and other items which may pose either a fire risk, access issue or other risk to the safety of the block.
Residents are allowed to keep in the internal communal areas:
1 small live plant (no artificial plants) 1 door mat 1 picture if securely fastened
Residents are NOT allowed to keep in the internal communal areas:
Any residents keeping unacceptable items in the internal communal areas will be asked to remove the items. If they are not removed, a Notice will be served. If still not removed by the date on the Notice, we will arrange for the items to be removed and disposed of. The resident will be charged any cost involved in this plus an administration fee.
Any items not listed above, this includes: Bikes and scooters Pushchairs and prams Bags of rubbish Chairs and tables Temporary items that you intend to move later.
Fly tipping Fly tipping is the illegal dumping of refuse. This includes the dumping of mattresses and other bulky household items in bin stores or grassed areas, for example. If fly tipping is reported to us, we will arrange for the removal of the fly tipped items from our land. We will make efforts to find out who has done the fly tipping and will recharge the cost of the removal/disposal of the items to the person responsible. They may also face prosecution. Where we are not able to find out who is responsible and where the fly tipped items are in the communal areas or estate (as defined in your lease and plans), leaseholders will be recharged a percentage of this cost. This is because leaseholders pay a contribution towards our costs in managing and maintaining the estate. Any costs we incur, which includes the removal of fly tipping, are passed on to leaseholders in the service charges. It is therefore very important that you correctly dispose of your bulky household items and report to us if you see anyone fly tipping.
For cleaning queries or to report issues of fire safety or fly tipping, please contact the Estates Manager on 01202 264423 or email estates.php@poole.gov.uk
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Grounds Maintenance / Gardening You are responsible for maintaining your own garden and keeping it tidy and free of weeds. If you have purchased a property within a block that has a communal garden/ grounds, the gardening (or grounds maintenance as it is also known) is carried out by Borough of Poole’s Street Scene Service. The cost of this communal grounds maintenance service is included within your annual service charges.
What is included
Grass cutting during growing season General shrub maintenance Removal of litter from grass and shrub areas prior to working on the area Path edging during winter
What is NOT included
Removal of grass cuttings Turfing and/or re-seeding Landscaping verges Tree maintenance of trees within the boundary of your property
“Keep the garden free of weeds and in a neat and tidy condition”
Leasehold obligation as per your lease. Usually found under clause 4 (4).
For queries about the gardening and grounds maintenance service, contact the Estates Manager on 01202 264423 or email estates.php@poole.gov.uk
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Noise Nuisance & Anti Social Behaviour As the leaseholder, you are responsible for ensuring that you and any tenant, guests or visitors to your home do not cause any nuisance or annoyance to neighbouring residents. Noise Nuisance Remember that noise inside your flat may be heard by your immediate neighbours. Everyone has different tolerances to noise so please be considerate of your neighbours by keeping noise to a minimum, particularly at unsociable hours. Please also bear in mind that people will make some noise from time to time, such as by allowing children to play or by carrying out household tasks or DIY. If you are experiencing unacceptable noise nuisance, in the first instance you should calmly talk with your neighbour to try to amicably resolve the issue. Your neighbour may not be aware that they are disturbing you. If talking with your neighbour does not work, noise nuisance can be recorded on the noise app (www.thenoiseapp.com). This is then monitored by Environmental and Consumer Protection Services (ECPS). Or you can report noise directly to ECPS on 01202 261700 or out of office hours on 0800 506050.
“Not to use or play any noise making equipment of any kind so as to cause nuisance to any neighbouring property”
Leasehold obligation as per your lease. Usually found under clause 4 (11).
We will work with ECPS to take appropriate action if needed, such as a warning letter or a Noise Abatement Notice may be served if statutory noise levels are breached.
Anti Social Behaviour “Not to do or permit or suffer to be done any act or thing which may be or become a nuisance or annoyance to the Landlord or to occupiers of any neighbouring property”
Leasehold obligation as per your lease. Usually found under clause 4 (2).
Any criminal behaviour such as threats, drug abuse, vandalism etc. should be reported to the Police Safer Neighbourhood Team on telephone number 101 (or 999 only in an emergency). They will take appropriate action and we will work with the Police Safer Neighbourhood Team to take any appropriate action that we are able to take as a result of this. For lower level anti social behaviour issues such as foul language or littering, try calmly speaking to your neighbour about the issue in the first instance. If this does not resolve the matter, you can report this to the Housing Officer for your area on 0800 652 3900 or email housingofficers@poole.gov.uk. Find out more about our process for dealing with noise nuisance and anti social behaviour on our website: http://www.yourphp.org.uk/residents-andleaseholders/community/anti-social-behaviour/asb-reportit/ 9
Sub-letting, alterations and pets Most of our leases allow you to sub-let your leasehold property, make alterations to the internal of your property and to keep pets. However, written permission is required. Sub-letting If you sub-let your property, you are responsible for ensuring that your tenants abide by the terms of your lease. Please also ensure you advise us of your correspondence address and an emergency contact telephone number / email address. We need this information as we may need to get hold of you in an emergency, such as if there is a leak affecting your property. We also need your correspondence address to send information about your service charges, upcoming major works and other information relevant to your property. Alterations If you wish to carry out an alteration to your property, you are required to request permission to do so. We will not unreasonably withhold permission, but will need to be satisfied that the alterations comply with building regulations and are being carried out safely and by a competent tradesperson.
“Not to keep a dog or other animal (including birds or reptiles) in the flat without the consent in writing of the Landlord”
Leasehold obligation as per your lease. Usually found under clause 4 (3).
Pets If you wish to keep a pet, you need to request written permission. We will not unreasonably withhold permission, but we will expect that the pet is looked after and cared for responsibly and that the pet does not cause any nuisance to other residents. If the pet is not cared for responsibly or if the pet causes any nuisance, such as a dog barking excessively, we may retract permission and require you to re-house the pet. Request permission Telephone 0800 6523900 or email repairs.php@poole.gov.uk to request an alteration application form or speak to the Leasehold Services Officer on 01202 264452 or leasehold.php@poole.gov.uk for permission to sub-let or to keep a pet.
“Not without the written consent of the Landlord to make any structural alterations or additions to the flat or remove any of the Landlords fixtures or fittings”
Leasehold obligation as per your lease. Usually found under clause 2 (8).
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Leasehold Charges As the freeholder of the building, we manage and maintain the structure and fabric of the building and any grounds. As the leaseholder, you are charged a percentage of these costs as well as for any services that your property benefits from. Your service charges may include some or all of the following charges:
Communal cleaning/caretaking: the cost of the cleaning and caretaking of communal areas Electricity: the cost of lighting or heating communal areas Gas: the costs of any communal gas heating system Buildings Insurance: the cost of the leasehold policy Grounds Maintenance: the cost of the care and maintenance of any communal grounds including grass cutting and shrub pruning Response Repairs: the cost of unplanned repairs and maintenance to your block, such as changing communal light bulbs and repairs to communal doors or door entry systems. Records & Accounts: the cost of providing the leasehold service. This includes preparing leasehold statements, responding to leasehold queries, dealing with neighbour disputes, carrying out major works consultations etc. Management fee: charged at the percentage dictated in your lease and covers other administrative and staff costs not included in the records and accounts charge. This includes planning and managing contracts, providing contract specifications, raising repairs, monitoring contractors performance etc. Major Works: Charged only when planned major works have been carried out to your block
We will send you an Annual Statement each year to advise you of the actual costs of the works and services to your block over the previous financial year. The Annual Statement will also include an invoice for the service charges for the year ahead. The costs for the year ahead are based on estimations using information from previous years. If we overestimate the costs of works and services, we will credit your account. If we underestimate the cost of works and services, we will debit your account.
“To pay all costs and expenses of or incidental to providing the works and services specified in the lease”
Leasehold obligation as per your lease. Usually found under Schedule 3 clause 7 (1) and (2).
You can find out more about our service charges and major works charges including details of the legislation around Section 20 consultation on our website: http://www.yourphp.org.uk/residents-andleaseholders/major-works-and-consultation/
If you have a query about your account or wish to make a payment or payment arrangement, please contact the Income Team on 01202 264446 or email rent.php@poole.gov.uk
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Extending your lease In some circumstances you have the legal right to extend your lease by a further 90 years on top of the current unexpired term of your lease. Current lease length Most of our leases start with 125 years from the date the first lease was granted in your building. In most cases this would be some time in the 1980s when the Right to Buy was first introduced to council housing residents. This means that most of our leases currently have more than 90 years remaining on them. It is not usually necessary to extend your lease until there are 80 years or less remaining on the lease. Qualifying for the legal right to extend your lease To qualify for the legal right to extend your lease, you must:  
have a long lease (more than 21 years when originally granted) have owned the property for at least 2 years
The cost of extending your lease You are responsible for all costs involved, including the costs of your own Solicitors, any valuers, our legal fees, the cost of the lease itself and any other fees that may be incurred. It is not possible to provide a cost of the lease extension until a valuation has been carried out. However, there is a lease extension calculator on the leasehold advisory service website which may give you a rough idea of the cost. The calculator does not include legal costs. http://www.lease-advice.org/calculator/ How to extend your lease The starting point is to check that you are eligible to extend your lease, obtain all the relevant information and documents (such as a copy of your lease and any head leases, your title documents etc.), and ensure you are able to afford the costs involved. You will then serve a Notice on Borough of Poole to officially start the process. It is recommended that you appoint a Solicitor to guide you through the process to ensure that the Notice is correct and valid and that all deadlines are met. You can find out more about extending your lease and full details of the process using the lease extension guide which can be found on the Leasehold Advisory Service website. http://www.leaseadvice.org/publications/documents/document.as p?item=8
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Buying the freehold (collective enfranchisement) In some circumstances you, with other leaseholders in your building, have the legal right to buy the freehold of the building that your flat is contained within. This is known as collective enfranchisement. How to collectively enfranchise The first step is to check that you are eligible for collective enfranchisement. There is a quick guide in the box on the right of this page showing the main qualifying criteria. You will need to speak to other residents to ensure you have enough qualifying leaseholders to proceed. You should then agree between yourselves how to deal with the collective enfranchisement, not just once the freehold has been purchased but throughout the process of purchasing it too. Remember that there will be actions and costs involved throughout the process and certain things will have to be completed within set timescales. You will also need to choose a ‘nominee purchaser’ who will acquire the freehold and become the new landlord and therefore become responsible for the management of the building. The nominee purchaser is usually a company formed by the qualifying leaseholders, but can be an individual, a trust or any agency that you collectively choose. To formally start the process, a Notice must be served on Borough of Poole. It is recommended that you employ a solicitor to draw up the Notice and act in your interests from this point onwards. All costs, including our legal costs from the point of serving the Notice, must be met by the participating leaseholders. You can find a more in-depth guide to collective enfranchisement on the leasehold advisory service website: http://www.leaseadvice.org/publications/documents/document.asp?item=11
If you do not know the leaseholders within your building, speak to the Leasehold Services Officer for assistance on 01202 264452 or email leasehold.php@poole.gov.uk We can not give you their details without their permission but we can pass on information for you.
To qualify for collective enfranchisement:
there must be at least 2 flats within the building and at least two-thirds of the flats must be let to qualifying leaseholders.
A qualifying leaseholder is a leaseholder who has a long lease of more than 21 years when originally granted.
If a qualifying leaseholder owns more than 2 flats within the building, these flats are discounted from the twothirds.
There must be enough qualifying leaseholders wishing to participate in the collective enfranchisement. The minimum number of participating leaseholders must equal at least half the number of flats within the building.
The right for leaseholders to buy the freehold using collective enfranchisement is in the Leasehold Reform, Housing and Urban Development Act 1993 as amended by the Housing Act 1996 and the Commonhold and Leasehold Reform Act 2002.
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Selling your flat If you used to be a Borough of Poole/Poole Housing Partnership tenant and you purchased your home under the Right to Buy scheme, there are some restrictions that you need to consider if you are selling your property. Selling within 5 years of purchasing under Right to Buy:
Selling within 10 years of purchasing under Right to Buy:
When you purchased your property, you received a discount on the purchase price. If you sell within 5 years of the purchase, you will need to pay back some or all of the discount you received.
There is a charge against your property which prevents you from selling your home on the open market without first offering it back to Borough of Poole/Poole Housing Partnership.
If you sell within 1 year, you pay back the full amount of discount you received. After 1 year, this reduces on a sliding scale. At the time of writing this, the amount of discount you have to pay back is set to:
100% if you sell within 1 year 80% if you sell within 2 years 60% if you sell within 3 years 40% if you sell within 4 years 20% if you sell within 5 years
If we agree to buyback your property, we will purchase it at market value (less any discounts if selling within 5 years of purchase). If we do not agree to buyback, you are then free to sell on the open market. If you do not sell at that time and try to sell again at a later date still within the 10 year period, you will need to offer it back to Borough of Poole/Poole Housing Partnership again first.
The amount you pay back also depends upon the value of your home when you sell it. If you got a 40% discount on the market value of your home when you purchased, the discount that you have to pay back will be 40% (or a percentage of this percent) of the current market value. So if your home has significantly increased in value within the 5 years, the discount that you pay back could be higher than you originally received. You are also not able to sell your home on the open market without first offering it back to Borough of Poole/Poole Housing Partnership. See more information about this under selling within 10 years of purchasing under Right to Buy.
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Useful Contact Details At Poole Housing Partnership
External Contacts and Advice
Leasehold Services Officer will look into queries or disputes you may have about proposed or completed works, what the charges are for, and any queries relating to Section 20 consultation. Tel: 01202 264452 Leasehold.php@poole.gov.uk
Citizens Advice Bureau Can help you with a wide variety of issues including service charge disputes, debt problems, Leasehold Valuation Tribunals and much more. Tel: 0300 33 00 650 (free from mobiles) www.poolecab.co.uk
The Income Team will deal with any queries in relation to your payments and your account, including making payment arrangements. Tel: 01202 264446 Rent.php@poole.gov.uk
The Leasehold Advisory Service is a Government funded service which provides information and advice about the law affecting leasehold properties. They have a wealth of information about all leasehold matters. Tel: 0207 832 2500 www.lease-advice.org
The Your Money Team Can help you to check your eligibility and apply for financial help and other ways of dealing with financial issues. Tel: 01202 264495 Yourmoney.php@poole.gov.uk The Repairs Team To report a repair or problem in your property, block or estate. Tel: 0800 652 3900 Repairs.php@poole.gov.uk The Estates Team Deal with cleaning, caretaking and grounds maintenance issues. Tel: 01202 264423 Estates.php@poole.gov.uk
The Association of Residential Managing Agents (ARMA) For information about the leasehold system, understanding the role of managing agents, your general rights and responsibilities. Tel: 020 7978 2607 www.arma.org.uk
Leasehold Valuation Tribunal For application forms to apply to the LVT and for more information about costs and procedures: www.justice.gov.uk/tribunals
For general enquiries, call reception on 0800 652 3900.
On the web You can find us on social media including facebook and twitter, and there is more information and ways to contact us on our website: www.yourphp.org.uk
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Poole Housing Partnership Ltd Beech House. 28-30 Wimborne Road. Poole. Dorset. BH15 2BU 0800 652 3900 / 01202 264444 www.yourphp.org.uk Last update of this leaflet January 2016
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