leaseholders' guide

Leaseholders’ Guide

• The Lease • Service Charges • Getting Services • Major Repairs and Improvements • Selling, Letting and Buying the Freehold • Keeping You Informed • Listening to Your Views

2 Leaseholders’ Guide

Leaseholders’ Guide 3

Contents

1. Your lease explained ................................................................................................................................ 5

2. What are service charges? .................................................................................................................... 8

3. How to pay your service charges ...................................................................................................11

4. Questioning service charges .............................................................................................................1 3

5. Repairs and improvements .................................................................................................................1 5

6. Major works and planned repairs ...................................................................................................17

7. Limits to service charges ....................................................................................................................1 8

8. Major works and improvements ......................................................................................................1 9

9. Buying the Freehold, selling and letting ..................................................................................2 4

10. Keeping you informed and listening to your views ........................................................2 7

11. Reporting Nuisance and threatening behaviour ...............................................................2 8

12. Customer Feedback and complaints ..........................................................................................3 0

13. Some terms explained ........................................................................................................................3 1

14. Contacts ......................................................................................................................................................32


What is a lease? The lease is the legal agreement between you and the council. Your lease is an important document as it sets out your rights and responsibilities as a leaseholder and those of the council as freeholder.

When you buy a flat or a maisonette in a council block, you purchase a leasehold interest and the council keeps the freehold interest. As freeholder, the council owns the land on which the property is built and charges a ground rent as part of your service charges.

The lease says what parts of the property you own and what rights over communal land you have acquired. This is called the ‘demised premises’ and will be identified by address and by a plan or plans attached to the lease.

Can I get a copy of my lease?

If you have lost your lease and you have a mortgage, you should contact your mortgage lender. They should be able to give you a copy.

If you do not have a mortgage, or if your lender is unable to help, contact the Service Charges Team. There will normally be a small charge for supplying you with a copy lease.

Changing terms of the lease

Can changes to the lease be made after it has been signed? Your lease is a legal document; it can be altered only by a ‘Deed of Variation’ which may be approved by the County Court.

• The Council can agree with or challenge any changes you want to make.

• A Deed of Variation may cost you several hundred pounds.

• If you want to change your lease, contact the Service Charges Team before taking any further action.

Your rights and obligations are set out in your lease. Not all leases are the same. Please look at your own lease agreement to check what it says. Contact the Service Charges Team if you need any more information.

1 Your lease explained


Adding more years to the Lease Most leaseholders have the right to buy an extension to the term of their lease.

• The usual extension term is 90 years.

• You must have lived in your home for either the last three years or for a total of three years over the last ten years.

• The value of the extension has to be agreed with the council.

• If this is not possible, the Leasehold Valuation Tribunal (LVT) can be asked to determine the value.

The Council’s Responsibilities as the Freeholder

The Council owns and is responsible for the maintenance and repair of the exterior elements and main structure of the building and the area around it. This includes:

• main structural parts of the building including the roof, foundations, and walls (but not wall plaster)

• joists and beams

• loft spaces and the fittings and equipment within them which serve more than one home

• tanks, cisterns, drains, pipes, gutters, sewers, ducts, conduits, plumbing and wiring which serve more than one home

• external door and window frames

• communal hallways, corridors, stairways, doors, door frames, lifts and other shared internal spaces

• communal gardens, paths, parking areas, recreation areas and other shared external areas

• the heating system if there is a communal heating system.

The council must: • maintain and repair the structure

and exterior of the building including external decorations

• maintain and repair all communal areas both internally and externally including decorations

• consult with you concerning certain repairs

• insure the building and carry out repairs to it following loss due to such events as fire or flood

• provide the services set out in the lease. (These are usually listed in schedule 1 of the lease.)


Your Responsibilities as the Leaseholder

You own and are responsible for the maintenance and repair of everything inside your home or which relates solely to it. This includes:

• internal walls, plasterwork, ceilings and floor surfaces

• tanks, cisterns, drains, pipes, ducts, conduits, plumbing and wiring which serve your home only

• window glass (but not window frames)

• internal doors and door frames

• gardens and steps if they are used only by you

• internal fixtures and fittings unless they belong to the council - for example an entry phone handset and system or a communal TV aerial and socket might be a council fixture

• internal decorations.

As a leaseholder you must:

• pay all service charges due under the terms of your lease for annual services, repairs, improvements ground rent, administration fees and insurance

• keep your home in good repair, including internal decorations

• keep your home in a clean and orderly condition; some leaseholders may also be responsible for helping to keep adjacent communal areas clean and tidy

• allow the council or its workmen access to your home if given reasonable notice or in an emergency.

As a leaseholder you must not:

• make alterations to the building without the council’s prior consent

• use the building for business purposes

• cause a nuisance or annoyance to neighbours or let other members of your household do so

• cause damage to the building or fix any sign or otherwise disfigure any of the communal buildings, fences or walls.

Many of the council’s blocks and estates have both tenants and leaseholders living in them. As a leaseholder you are not charged for the cost of repairs to tenants’ homes. You are responsible for paying your share of the council’s costs for repairing the exterior and communal areas. The actual amount you pay will change each year.

What do service charges pay for?

Service charges are made up of a number of different items. The main items are listed below. Not all items will be charged to every home, for example, some blocks do not have a lift. Check your lease to see which items you pay for.

Ground Rent – This is the rent charged to every leaseholder by the council. It is due yearly in advance. The amount is stated in your lease.

Energy – This covers all the electricity used for lighting communal areas and lifts and power in communal areas.

Communal Heating – (where applicable) – This covers the fuel, repair and maintenance of all parts of the heating systems owned by the council.

Landscape (Horticultural) Services – This covers gardening, grass cutting, and the general maintenance of landscaped areas.

Caretaking and Cleaning – This covers all caretaking costs for services such as cleaning, maintaining equipment, emergency caretaking services and light bulb replacement to communal lights. Window cleaning is also included where this is provided.

Service charges are payments by the leaseholder to the landlord for all services provided. These include cleaning, maintaining and repairing the exterior and communal parts of the building. We require all leaseholders to pay a reasonable amount towards these costs.


2 What are service charges?

Lift Maintenance (where applicable) – Repair and maintenance of lifts.

Entry Phone Maintenance (where applicable) – Repair and maintenance of entry control systems.

Repairs and Maintenance to the Block – This covers the cost of labour and materials for carrying out general repairs to the block in which your flat or maisonette is located.

Repairs and Maintenance to the Estate – This covers the cost of labour and materials for carrying out general repairs to the estate complex in which your flat is located.

Management and Administration – This covers the council’s costs for managing its leasehold properties. It covers the staffing and office costs of the Service Charges Team and the estate management service that is provided to leaseholders by staff from the District Housing Offices.

Major Repairs and Improvements – This covers the costs of carrying out major items of repair, replacement and improvement. Major repair costs are invoiced separately to the annual service charges bill. For more information see ‘Major works and planned repairs’.

How charges are calculated

The costs of carrying out repairs and other services are divided between tenants and leaseholders so that tenants and leaseholders are charged

the same amounts for the same services. There are different ways of sharing out costs depending on the service. This is called the ‘method of apportionment’.

The total cost of the service to the block is divided by the number of tenant/leaseholder homes for:• energy and communal lighting

• grounds maintenance

• repairs and maintenance to the estate and complex.

Costs are charged to leaseholders at fixed rate set each year for:• insurance

• leaseholder management and administration.

The cost of time (in hours) spent by caretakers at the block is divided by number of tenant/leaseholder homes for:• caretaking and cleaning.


The total cost of the service to the block is divided by the number of habitable rooms for:• communal heating

• lift maintenance

• entry phone maintenance

• repairs/maintenance to block

• major repairs and improvements.

A ‘habitable room’ is any room that is not a kitchen, bathroom, or WC. This method of apportionment divides the cost by the total number of habitable rooms in the block rather than the total number of homes. This allows for the fact that some homes are larger than others. An example of this is:

Repair cost to block £500

Number of habitable rooms in the block 25

Charge per habitable room (£500 ÷ 25 = £20) £20

Charge for 2 bedroom flat consisting of 3 habitable rooms

e.g. 2 bedrooms + 1 living room (3 × £20 = £60) £60

Ground RentYour Ground Rent invoice is issued at the end of April each year and is separate from your Annual Service Charges. This is a fixed charge as written in your lease and will not change from year to year.

Insurance Premium – Your share of the council’s insurance premium for buildings insurance will be sent as a separate annual bill. This includes the insurance premium and the insurance administration fee.

If you have any further questions, contact the Service Charges Team.


Service charges must be paid within 28 days of receipt of your bill. There are different ways to pay, including paying in up to ten instalments.

Pay Online

You can pay online at: www.croydon.gov.uk

You will need your service charges account number. It should be 14 digits long. If it is not, add a zero in front of the first number and proceed as instructed.

Pay by Phone

Croydon Council can also take payments over the phone. Call The Housing Contact Centre - Tel: 020 8726 6100. Accepts credit and debit card payments.

Pay by Direct Debit

From your bank or savings account.

You can ring the Service Charges Team and request a Direct Debit form or print a Direct Debit form from Croydon’s website at www.croydon.gov.uk. The form should be completed and returned to the Service Charges Team. Remember to write your account number where the form asks for a reference number.

Pay by Standing Order from your bank or savings account

You can ring the Service Charges Team and request a Standing Order form or print a Standing Order form from Croydon’s website at www.croydon.gov.uk. The form should be completed and taken to your Bank or Building Society. Remember to write your Service Charges account number in the space provided. You will have to change the amount you pay by Standing Order each year when you receive your annual Service Charges invoice. Contact the Service Charges Team if you have any questions about paying by Standing Order or completing the form.

3 How to pay your service charges



Pay by Cash, Cheque or Bank Giro

If you want to pay by cash or cheque you can ask the Service Charges Team for Giro Vouchers. Cheques should be made payable to Croydon Council and should have your account service charges number written on the back. You can also make your payment at a bank or post office and at a wide range of shops, newsagents, garages, and anywhere displaying a PayPoint sign. Some banks and post offices will charge a fee for taking your payment.

Problems with making payments?

• Please contact the Service Charges Team for help and advice about paying service charges.

• For help with Major Repair and Improvement costs contact the Service Charges Team.

• If you are having problems with your mortgage payment, contact your mortgage lender

• For independent advice contact the Citizens Advice Bureau.

I have a question about my annual invoice

If you have a query about your service charges invoice please contact the Service Charges Team, and quote your customer account number when contacting us. This can be found on the front of your invoice.

I don’t think I am getting a good quality service from the council

Raise your concerns with the Service Charges Manager as soon as possible. It is often not possible to sort out problems concerning service delivery long after the problem occurred. Do not wait until you receive your annual service charges invoice before raising problems. The annual bill could relate to services provided over a year earlier.

I don’t think the council is using the service charges efficiently or effectively

If at least two-thirds of the leaseholders in a block agree, they can hire a qualified surveyor, architect or valuer to carry out a management audit. The leaseholders must pay for this.

I don’t think I am getting a good quality service from the contractor

If you are not happy you should let the contractor and the Council know while they are still on site. It is much more difficult to resolve problems after the contractor has left. You will be provided with contact information when the work begins on your property.

4 Questioning service charges



I want to question the amount I have been charged

Leaseholders have a legal right to request a written summary of the costs included in the service charges. The request must be made in writing and can only relate to the current or last annual period. The Council must respond to such a request within one month or within six months from the end of the accounting period if this is later. If more than four flats are involved, the summary must be certified by a qualified accountant.

Once the summary has been received, you have up to six months to ask to inspect and copy any relevant accounts or receipts. We must provide the summary and a place to look at the documents free of charge, although we can make a reasonable charge for copying documents. We are allowed to recover all costs later as part of the management and administration element of the service charges when we send out the next annual service charges invoice.

What can I do if I think the service charges are unreasonable?

Please contact the Service Charges team first. You have the right to take your case to a Leasehold Valuation Tribunal (LVT). The LVT hears both sides of a dispute and gives a decision based on the evidence, judgement and experience of the LVT members. You will have to pay a fee for this service.

You can also contact the Citizens Advice Bureau, a Law Centre or a solicitor for advice at any time.


Changing or Improving Your Flat or Maisonette

You must get our permission before you carry out improvements or alterations to any part of the property that is the council’s responsibility.

This includes:

• Any work that might affect the structure of the building or affects the external appearance, such as external decorations, the replacement of external doors and windows and the construction of such things as porches.

• Any work in the loft space of the building, such as boarding it for storage purposes. The council will not normally give permission for the use of loft spaces because of fire safety and insurance reasons.

You must send your District Housing Office written details of what you want to do, and discuss your plans with a Housing Officer first.

The council may require that the work is done in a certain way, for example, some windows must be replaced only with new ones of a certain design so that the outside of the block looks the same.

If you undertake improvements, for example new windows, you could still have to pay your share of major repair costs if the council repairs or renews the windows in the whole block at a later date.

5 Repairs and improvements


How do I report a repair that the Council is responsible for?

We are responsible for repairing and maintaining some parts of your building and the area around it.

If you see that a repair is needed which is our responsibility, please ring your Repairs Office or fill out an online form at www.croydon.gov.uk and follow the link to ‘Housing repairs’.

In an emergency In an emergency contact the caretaker if you live on an estate where there is a resident caretaker.

If you do not have a resident caretaker, you should telephone your local Repairs Office at any time.

How quickly will the repair be carried out? The Council has targets for dealing with repairs depending on their urgency. These are:

Emergency: (for example, serious flooding) target = 2 hours Urgent: (for example, complete failure of communal lighting system) target = 24 hours Priority 3: (for example, damaged light fitting) target = 7 days

Priority 4: (for example, leaking gutter) target = 6 weeks


All leaseholders must be consulted before major repairs and external and communal area decorations are carried out in their building.

Major works and planned repairs are large one-off works of repair, improvement or redecoration to your building or the area around your building.

Major works are different from the ‘day-to-day’ unplanned repairs. They are always planned except in emergency situations. They are needed when major parts of the building or area wear out, such as the roof or pathways, or when decorations are planned for the outside or shared areas inside, such as stairways.

The council has a rolling programme of redecoration for all its properties and carries out what are called ‘associated works’ at the same time. This may include such things as repairing or renewing door and window frames, gutters, or mending broken railings.

All leaseholders must contribute towards the cost of major repairs and for the cost of external and communal area decorations. Most leaseholders contribute towards the cost of improvements.

6 Major works and planned repairs

There are some limits to how much the council can charge for services.

When we sell a lease under the Right to Buy rules, it provides the new leaseholder with a notice called a Section 125 Notice. This Notice gives the council’s estimate of what it expects to spend on major repairs, improvements and decorations over the next five years and what the new leaseholder can expect to be charged. The Notice is intended to help new leaseholders budget for the costs of becoming a leaseholder.

During this five-year period, the council cannot charge the leaseholder more than the amounts it has estimated in the Notice plus an allowance for inflation. The five-year period runs to the end of the fifth financial year since the lease was sold - that is up to the end of the March following the fifth anniversary of the date the lease was granted.

The estimates given by the council for the costs of work will vary over time. Because of this, a leaseholder who buys a flat in the same block at different times may have a different limit quoted in their Notice.

The maximum limits given in a Section 125 Notice will apply to the next leaseholder if the property is resold within the five-year period. Once the five-year period has ended, a new leaseholder is liable to contribute to the cost of works in the same way as other leaseholders.

If works that the Council expects to carry out are delayed until after the five-year period has ended, the limits in the Notice no longer apply.

There are no general limits to the costs that can be charged to other leaseholders. They are liable in full for their share of the costs of any works that are carried out.

If you have difficulty paying your service charges contact the Service Charges Team.


7 Limits to service charges

Major works consultation

You will be consulted about planned repairs where the estimated cost is over £250 per leaseholder. This is your legal right and is called ‘Section 20 Consultation’. If the works are urgent and cannot be delayed, we may have to carry them out without consulting with the residents beforehand.

In the consultation, leaseholders are sent letters which give:

• Letter 1 - Notice of Intent. Details of work to be carried out. You are given 30 days consultation.

• Letter 2 - Section 20 Notice. Details of the two lowest quotes received and an estimate of the size of the individual leaseholder’s contribution. You are given a further 30 days consultation.

Leaseholders then have time to make comments during the consultation process. The Council must seriously consider these comments and work can only start once this process has been completed.

If a lot of work is being planned, we will meet with residents and recognised residents’ associations before the Section 20 Consultation process begins.

Can I have a say in what work is done to my home?

You can take part in consultation about major works and improvements to your home and the area where you live.

Planned work on the building • We will involve you as much as

possible in planning the Major Repair and Improvement Programme.

• Our proposed programme each year will be based on the repair and improvement needs of the buildings and the budget available to complete the work.

• We work with resident representatives from the Community Housing Panels to agree a five-year plan, and a more detailed programme of work each year.

Contact the Service Charges Team for information about the five-year plan in your area.

8 Major works and improvements



Environmental Improvements Programme • We carry out a programme of

environmental improvements to estates each year.

• You can suggest ideas between January and April. Application forms are available in the winter issue of Open House, a magazine sent to every tenant and leaseholder.

• Consultation of possible schemes and estimates of the cost are sent to all local tenants and leaseholders affected.

• You can vote to accept or reject each scheme.

• For a scheme to be included in the final programme, at least 25% of residents affected must be in support of the scheme and represent the majority.

• The tenants and leaseholders on the Environmental Improvement Programme panels choose their preferred schemes within budget limits.

Contact the Consultation Team for more information.

Who Carries Out the Work?

How is a contractor chosen?

Approved Contractors We are required to work only with contractors on our approved contractor list. To be approved, contractors must meet our standards for experience, financial stability and quality and have approved health and safety, employment and equality policies.

Recommended Contractors Residents can recommend a contractor but they must meet these standards before they are added to the approved contractor list. Commercial contractors cannot have any connection with our staff. See page 21 for more details.

Work Tenders Competitive tenders are required for major works. We will usually choose the one quoting the lowest price. If we do not do so, we will explain why.

Leaseholders can make an appointment to look at the specification details and the tenders received for any major works contracts that affect them. Please contact the Service Charges Team to make an appointment.


Raising Queries During Major Works

If you have any questions or problems once the contractor has started working in your building you should contact the supervising officer.

A Supervising Officer is in charge of each contract. This may be either a council officer or an outside consultant. When the work starts, all affected leaseholders are told who this is and how he or she may be contacted. Keep this information safely in case you need it during the work.

We will let you know how the work is going and if there are any changes to the plans or the timetable.

If you see a problem, you should let the supervising officer know immediately, and if possible while the contractor is still on site. It is more difficult to solve problems after the contractor has left the site, and especially after the defects period has come to an end. The defects period is normally 12 months after the work has been completed.

Section 20 Consultation

Your rights to be consulted about major works and improvements to your property:

What is a Section 20 Notice? We must tell you in advance if we want to carry out any major works, exterior decorations or improvements to your block of flats or estate. The notice will give details of the planned work and estimated costs. It also gives you a chance to tell us your views on the planned work. The notice is called ‘Section 20’ because the legal process and requirements are set out in section 20 of the Landlord & Tenant Act 1985.

What are the main changes under the Reform Act 2002? The Commonhold & Leasehold Reform Act (2002) has brought in new regulations which apply to all works tendered after the 31 October 2003.

The main changes are:

1. The council has to consult with you about any works where you are likely to be charged more than £250.

2. The landlord has to send two separate Section 20 Notices and sometimes a third. This means the consultation period has been greatly increased.

3. Leaseholders have a right to propose a person or contractor to do the works.


What are the three Section 20 Notices? The first Section 20 Notice - Notice of Intent

• gives you a description of the works

• tells you why the works are needed

• tells you that you have a right to give your views within 30 days

• tells you that you have a right to nominate a contractor within 30 days.

How do I nominate a contractor?

If you have a contractor you wish to nominate, send the name and address in writing to the Service Charges Manager, Housing Department, Taberner House, Park Lane, Croydon CR9 1DH.

What will happen if I nominate a contractor to do the works?

We will write to the contractor asking if they wish to tender for the works. We will write to you to acknowledge receipt of your letter. You will be informed of the results of the tendering in the Second Section 20 Notice.

What will the council do if they receive more than one nominated contractor?If only one leaseholder nominates a contractor, we must try to get an estimate from that contractor. If nominations are received from more than one leaseholder, we must try to obtain one estimate from a nominated contractor as follows:

• If there is one contractor who receives the most nominations then we must try to obtain an estimate from them.

• If more than one contractor receives a number of nominations and there is a tie, then one of those contractors must be selected.

• If each contractor receives only one nomination, the council will invite one of them to give an estimate for the work.


What will happen if I make any comments on the planned works?

We will carefully consider any comments or suggestions regarding the works that are sent in writing. We will give you a written response, with reasons for the decisions we take where appropriate. The second Section 20 Notice will include a summary of all the comments we received, and our responses to them.

The second Section 20 Notice - Notification of Estimates • gives you at least 2 of the

estimates, with the estimated cost of the proposed works;

• gives you a summary of any comments from leaseholders received within 30 days and our responses to them;

• tells you that you may inspect all the estimates if you wish, but you will need to make an appointment;

• tells you that you may make observations in writing about the estimates within 30 days.

Does the council have to award the contract to the lowest tender? Generally the council chooses the lowest tender. However, if the lowest tender is not acceptable and a tender from a nominated contractor is not chosen, then we will give you the reason for the decision in a third Section 20 Notice.

The third Section 20 Notice - Award of Tender: • Contains the name of the contractor

who has been awarded the tender.

If the lowest tender or a tender from a nominated contractor is not chosen the letter will contain:

• A statement containing the reasons why the decision to award the contract was made.

• A summary of leaseholders’ observations and the responses we have made to them, or a place where they may be inspected.

For more information contact the Service Charges Team.

Can I buy the freehold of my flat or maisonette?

Leaseholders have a legal right to buy the freehold of their block from the Council. This will make leaseholders responsible for all management and maintenance of their block. This is also known as ‘Enfranchisement’.

The freehold can be bought in any building of two or more flats where at least two-thirds of the flats are owned by leaseholders.

Leaseholders who want to buy the freehold must represent at least half the total number of flats in the block. They must then form a ‘right to enfranchisement’ company together.

The leaseholders have to agree a value for the freehold with the Council. If this cannot be agreed the Leasehold Valuation Tribunal can set a value.

For further information speak to

The Service Charges Team The Citizens Advice Bureau An independent solicitor

Do I have to repay my discount if I sell my home?

If you bought your home under Right to Buy, you will probably have received a discount on the cost.

If you sell, the amount you have to repay depends on how long you have been the leaseholder and when we received your right to buy claim:

If we received your Right to Buy claim before 17 January 2005

Years since date of purchase Discount to be repaid

Under 1 year all the discount

Between 1 year and 2 years two-thirds

Between 2 years and 3 years one-third

After 3 years no discount repayable


9 Buying the Freehold, selling and letting

If we received your Right to Buy claim after 17 January 2005, the discount repayment period is 5 years and the amount to be repaid is based on the reselling price.

Contact the The Home Ownership team for further information. Contact details are on page 29.

How do I sell my flat?

• You can sell your home privately or through an estate agent.

• Keep all the service charges invoices, consultation papers and letters about your home in a safe place. This information may be required when you sell your home.

What do I do when I find a buyer?

• Use a solicitor or licensed conveyancer. They should make sure that everything is done correctly.

• Your solicitors should contact us once you have a buyer. We will provide the information they need, called the ‘Pre-Assignment Pack’. There is an administration charge for providing this pack.

• We will only answer questions from you or someone authorised to act for you about your home or lease.

Can I sell my home if my account is in arrears?

• Yes, but you or your solicitor must make sure all arrears for service charges, insurance or ground rent are repaid. The sale can not be completed if your account is in arrears.

Can I get a refund if I’ve paid my charges in advance?

• We do not give any refunds – the solicitors will agree how much of the charges will be paid by you and your buyer. They will either hold a retention for the new owners or allow payment within their completion statement. The lessee living in the property at the time an invoice is raised would be sent the full account and would have to contact their solicitors.



What happens when the sale is completed?

• You or the new owner must tell the Council within one month of the change of ownership. They must tell the Service Charges Team and Council Tax Department

• The new owners will have to sign a Deed of Covenant stating that they agree to the terms and conditions of the lease.

• The charge for the Notice of Assignment and Deed of Covenant is £40.00.

If you have owned the leasehold for less than 5 years you may have to repay some Right to Buy discount.

Can I rent my home to someone else or have a lodger?

Once you are a leaseholder you can rent all or part of your home to someone else. This is called subletting.

Before you sublet you must:• Tell the Service Charges Team you

want to sublet your home.

• If you have a mortgage, get permission from your lender.

• Get the correct insurance for your property.

• Get independent professional advice from a solicitor or a reputable estate agent.

• If you have gas appliances, have them serviced and get a Landlord’s Gas Safety Certificate.

• Make sure that everyone living in the property understands and will follow the terms of the lease. If they do not, action could be taken against you for breaking your lease agreement even if you no longer live there.

When you sublet you must:• Tell the Council within one month.

• Continue to pay service charges, ground rent and building insurance.

• Tell the Service Charges Team the names of new occupants even if you are still living in part of your home.

• Tell the Service Charges Team your forwarding address if you will not be living at the property.

If you use a property management agent give the Service Charges Team their address and phone number.


We try to keep leaseholders informed about things that affect or might interest them. We always want to hear your views about the services we provide including your suggestions on how these may be improved.

You can call the Service Charges team, Participation and Performance team or the individual service provider.

Leasehold Panel

This panel meets three times a year and all Council Leaseholders are invited to attend. The group meets to discuss any common issues and problems with Officers from the Housing Department. It is chaired by a leaseholder.

Leasehold News

The newsletter contains the agenda for the next Leaseholder Panel Meeting and provides regular updates and information about leasehold services. If you have any comments or suggestions for articles contact the Participation and Performance team. For more information contact the Resident Participation Team. Contact details are on page 28.

Leasehold News is sent to all Croydon Council Leaseholders three times a year.

Information and minutes from Panel meetings are available to download at www.croydon.gov.uk.

10 Keeping you informed and listening to your views

This section gives you advice on how to deal with nuisance behaviour such as noise, harassment and anti-social behaviour. It covers what constitutes anti-social behaviour, harassment and noise nuisance; what you should do; and what we will do.

Anti-Social behaviour

The definition of ‘Anti-Social behaviour’ is rarely straightforward. What constitutes a nuisance or annoyance to one person may be of little concern to another. The Council feels it is more appropriate to define anti-social behaviour as events on estates involving criminal behaviour, drug dealing and unprovoked assault. this is not a comprehensive list but gives an indication of the type of behaviour within this category.

What should you do?• contact the Council giving details of

the events.

• if you have suffered physical assault or damage to your property you should contact the Police immediately.

• if the Police have been involved make a note of the log number as this may be needed to provide evidence.

• keep diary sheets and make an accurate record of events.

• you may be required to attend Court and give evidence.

What the Council will do• we will write to the tenant causing

the problem. We will not reveal your identity.

• liaise with the Police if appropriate.

• issue diary sheets and monitor the situation.

• in extreme cases of intimidation we may employ professional witnesses.

• if there is sufficient evidence the Council will take action either under Housing Legislation or the Crime and Disorder Act 1998.

Harassment

Harassment can be defined as someone deliberately inflicting fear, violence or aggression on another person or group because of their race, gender, sexual orientation or disability. The problem must fall under these categories as harassment of this type is a criminal offence.


11 Reporting Nuisance and threatening behaviour


What should you do?• contact the Police and get a crime

log number.

• contact the Council giving full details of harassment.

What the council will do• we will endeavour to visit you

within one working week to complete a confidential report and provide you with diary sheets.

• after the report has been completed we will visit the tenant who is harassing you.

• if the problem continues and there is sufficient evidence available the Council will take action under the Protection from Harassment Act 1997.

Noise and Nuisance

Nuisance can be defined as behaviour or actions, which cause disruption, distress and/or interference to neighbours. In these cases the person(s) causing the problem may have no intention of causing harm.

Examples could be:• a ‘one off’ party.

• barking dogs/failure to control dogs.

• persistent playing of loud music.

• repeated disturbances at night.

• children causing disturbance or damage in communal areas.

What should you do?• try talking to the person causing the

nuisance - they may not be aware they are causing a problem.

• if this action is not successful - contact the Council.

• give clear details of the complaint with names and addresses of the people causing the problem.

What the Council will do• we will write to the tenant causing

the problem. We will not reveal your identity.

• if the problems continue we will issue diary sheets for incidents to be recorded over a period.

• on receipt of the completed diary sheets an Officer from the Council will visit the tenant causing the problem and/or yourself depending on the evidence supplied on the diary sheets.

• if the nuisance continues and sufficient evidence is available the Council will decide an appropriate course of action.

• in some instances we may involve other agencies such as Social Services or the Mediation Service. In extreme cases we will take legal action.

• if there is no breach of tenancy conditions and we are unable to resolve the situation we will give advice on alternative courses of action available to you.

Customer Feedback

We will try to provide a high standard of service and rely on you to tell us how we are doing.

• Your Compliments let us know when we’re getting it right

• Your Comments tell us what you think

• Your Complaints help us know where we need to improve

Compliments and comments and complaints can be made using the Councils online feedback form. This can be found at http://www.croydon.gov.uk/democracy/feedback/complaints/procedure

Complaints

In most cases, service delivery problems reported by customers are resolved satisfactorily by the member of staff they contact first, without any need for further action. If the customer is not satisfied with the response given at this informal stage, they are entitled to ask for their complaint to be dealt with formally under the Corporate Complaints Procedure. All formal complaints will be recorded under the procedure, and that information regularly analysed to identify patterns of complaints and possible service improvements.

Further information regarding the complaints procedure can be found using the above internet address.


12 Customer Feedback and complaints

Associated Works - Works that relate to and are carried out at the same time as decorations.

Apportionment (method of) - The way that the costs of a service are shared.

Complex, Estate Complex - The area of an estate defined in a lease which surrounds a block of flats or maisonettes and over which the leaseholder has rights of access and has to contribute towards the cost of upkeep and repairs.

Deed of Covenant - A legal document setting out an undertaking, agreement, restriction or permission.

Deed of Variation - A legal document altering the terms of a lease.

Demise, Demised premises - The property owned by the leaseholder as defined by the lease.

Enfranchisement - Legal right to buy the landlord’s/council’s interest in the property, usually a right to buy the freehold.

Freehold, Freehold interest - Normally the landlord’s/council’s rights in the property (unless the landlord/council is a head leaseholder).

Ground Rent - The rent charged by the landlord/council to the leaseholder.

Habitable Room - A bedroom, living room or other reception room, not a kitchen, bathroom or WC.

Improvements - Significant works to be carried out to a property, block or estate but not work that is required to remedy disrepair.

Lease - The legal contract between the leaseholder and the landlord/council. It gives ownership (strictly tenancy) of the property for a long period of time to the leaseholder. It sets out the rights and obligations of both the landlord/council and the leaseholder.

Leasehold, Leasehold interest - The leaseholder’s rights in the property.

Leaseholder, Lessee - The owner (strictly the tenant) of a property on a long lease.

Major Repairs - Significant work required to remedy disrepair to the structure, services or external elements of a property, block or estate.

Section 20 Consultation - Refers to ‘Section 20 of the Landlord and Tenant Act 1985 (as amended)’, and the ‘Commonhold and Leaseholder Reform Act 2002’. It states how the landlord/council must consult with the leaseholder before carrying out repairs above a certain value.

Section 125 Notice - Refers to Section 125 of the Housing Act 1988; a notice in which the landlord/council estimates the costs that the leaseholder may have to pay for repairs during the first five years of the lease.

Service Charges - Charges paid by a leaseholder for services provided by the landlord/council.

Subletting - Letting of the property by the leaseholder to a third party.


13 Some terms explained

Addington Citizens Advice BureauAddress 1 Overbury Crescent New Addington Croydon Surrey CR0 0LR

% 01689 846890

Fax 01689 845105

www.croydoncab.org.uk

Croydon Benefits AgencyAddress Concord House, 454 - 458 London Road Croydon CR9 2WZ

% 020 8710 5600

Fax 020 8710 5881

Croydon Money Advice Unit CABAddress Strand House Zion Road Thornton Heath Surrey CR7 8RG

www.croydoncab.org.uk

East District Housing Office Housing Department

% 020 8726 6100

Email [email protected]

Address 90 Central Parade, New Addington CR0 0JB

Home Ownership Team Housing Department

London Borough of Croydon Taberner House Park Lane Croydon CR9 1DH

% 020 8726 6100


Consultation Team Housing Department

London Borough of Croydon Taberner House Park Lane Croydon CR9 1DH

% 020 8726 6100 ext. 62402


14 Contacts

Housing South Central District Office Housing Department

Address London Borough of Croydon Taberner House, Park Lane Croydon CR9 1DH

% 020 8726 6100

Fax 020 8407 1370


Leasehold Valuation Tribunal Address Whittington House 19-30 Alfred Place London WC1E 7LR

% 020 7446 7700

Email leasehold@visionary-com www.rpts.gov.uk

Mears Partnership Repairs (Central and North Districts) Housing Department

London Borough of Croydon Taberner House, Park Lane Croydon CR9 1DH

% 020 8726 6101


North District Housing Office Housing Department

% 020 8726 6100

Address Strand House Zion Road Thornton Heath CR7 8EG


Leaseholder Advisory Service (LEASE)Address 31 Worship Street, London EC2A 2DX

% 020 7374 5373

www.lease-advice.org

Repairs Partnering EPS (East and South Districts) Housing Department

Address London Borough of Croydon Taberner House, Park Lane Croydon CR9 1D

% 020 8726 6102


Continued…



Notes

Resident Participation and Performance

Address Participation And Performance Housing Department London Borough of Croydon Taberner House, Park Lane Croydon CR9 1DH

% 020 8726 6100 ext. 63865


Service Charges Team Housing Department

Address London Borough of Croydon Taberner House Park Lane Croydon CR9 1DH

% 020 8726 6100


13 Contacts (continued)

Leaseholder’s Guide 35

70235B

To receive information in large print, please call the Housing Department on:

% 020 8726 6100.

Published September 2007

leaseholders' guide

Documents