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Wiltshire Council Housing Leaseholders Handbook

How to contact us

Housing Management Services
Wiltshire Council
The Council House
Bourne Hill
Salisbury
SP1 3UZ

Contact Housing Management

Office Hours: Monday - Friday 8.30am to 5.30pm

Telephone: 0300 456 011 7

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Leaseholder Handbook

A guide for the owners of leasehold flats

Providing you with a quality service.

Complaints, comments and compliments

Wiltshire Council is committed to providing a high quality service to all its customers. We welcome feedback from customers and, therefore, if you would like to submit a comment, compliment or complaint about the services you have received, you can do so by contacting us using the methods detailed in the contact section.

Resident involvement, consultation and participation

The council is committed to consulting and involving its tenants and leaseholders in planning, delivering and reviewing services. For further information on the ways in which you can be involved please call our tenant participation team: 0300 450 0117 option 5, or use the iHousing Portal.

Resident involvement

Introduction

The council currently has more than 450 leaseholders resulting from Right to Buy purchases of council-owned flats. Upon purchase a lease of 125 years is granted. During this period the council, as landlord, remains responsible for the management, maintenance and up-keep of the main structure of the building, of which, the flats may form a part along with any communal and estate areas. The rights and responsibilities of the landlord and leaseholder are contained within the terms of the lease. They are also defined under legislation, namely:

  • Housing Act 1985 (as amended)
  • Landlord and Tenant Act 1987
  • Housing and Leasehold Services Urban Development Act 1993
  • Housing Act 1996
  • Commonhold and Leasehold Reform Act 2002

This handbook gives you information about your lease and how we, as landlord, manage the building in which you live. It has been written to help you understand what being a leaseholder means. If you have any questions that we have not covered in this handbook, you can contact the leasehold & sales team for advice.

The handbook is only a summary of the broad terms of your lease, and does not replace your lease or any other legal agreements (including a mortgage deed). You should not rely on it if any difficulty or dispute arises in connection with your lease. If this happens, you should get independent advice from a solicitor, law centre or Citizens Advice Bureau.

Our policies and procedures will change from time to time, as does the law. We will update the handbook when there are changes that affect the service.

1. Your lease - rights and responsibilities

When you buy a flat, you are buying only part of a larger building. The council, as the owner of the block, keep responsibility for maintaining all shared parts and for services such as heating, lighting, cleaning (in some blocks) and so on. We are entitled to a contribution towards the cost of managing and maintaining the block. This kind of ownership is called "leasehold".

The lease is a contract between you and Wiltshire Council. It sets out details about:

  • The meaning of various terms used in the lease.
  • Your responsibilities and rights.
  • Our responsibilities and rights.
  • Details the arrangements for service charges.

The lease is a legal document and can be difficult to understand. Before you bought your flat, your solicitor should have explained your lease in full so you understood both your responsibilities and our responsibilities.

Common terms used in the lease

The information below gives an explanation of some of the legal terms that are used in the lease.

The tenant - refers to the person who owns the flat or maisonette (also referred to as the leaseholder or lessee).

We - refers to Wiltshire Council. The building - if the flat or maisonette you bought is in a particular building, the building is named. You will have to contribute to cleaning and repairs needed to the building identified in your lease.

The flat - refers to the address of the property you live in.

The demised premises - the shell of the flat or maisonette that you have bought and for which you have responsibility. This includes:

  • the floor surface, including floor boards
  •  the ceiling and floor plaster or plaster-board
  •  the wall plaster or plaster-board
  •  Internal walls
  •  window glass.

Section 125 - This is the Right to Buy offer notice that you received for your flat under Section 125 of the Housing Act 1985 and it:

  • tells you the purchase price and how it was arrived at
  • gives an estimate of the service charge you may expect to pay during the first five years of the lease being granted
  •  explains the rights you have under the Housing Act.

Communal (shared) areas - These are the shared parts of the block, house and estate outside the flat or maisonette you have bought which we do not let to any one person. We are responsible for repairing and maintaining these areas. You will have to contribute towards the cost of cleaning, maintenance, repair and improvements. Examples include:

  •  shared staircases or corridors
  •  the foundations of the building
  • outside walls or walls dividing your flat from another
  •  the roof.

Financial year - our financial year runs from 1 April to 31 March. Service charges become due on 1 April each year, but are usually billed in July / August when our accounts have been closed and audited.

Repaying discounts (new leases purchased under the Right to Buy Scheme)

You do not have to repay the discount if you are remortgaging the flat. If you have become the leaseholder either through an inheritance or divorce settlement this is termed an „exempt disposal‟ and no discount is repayable.

You will have to repay the discount if you sell your home within the first five years of the lease being granted.

The amount repayable will be based on the value of your home at the time of resale. For example, if the discount you received when you purchased under the Right to Buy scheme was 40% of the dwellings value at that time, the amount you will have to repay will be based on 40% of your homes current value.

During the first year, 100% of this amount will have to be repaid to us. This percentage will drop by 20% for each complete year that has passed since the date you completed your Right to Buy purchase.

Your responsibilities - What you must do

Your exact responsibilities depend on what is shown in your lease. However, your general responsibilities are to:

  •  pay a service charge, which will be a percentage of our costs of managing and maintaining the block
  • pay the ground rent, insurance and all other charges for which you are liable
  •  keep your home in good repair and condition
  •  use your home only as a single private flat for residential use
  •  avoid annoying your neighbours or causing an inconvenience
  •  not to carry out any structural alterations or improvements to your home without our written permission beforehand
  •  repay the required amount of discount if you sell the property within five years of the lease being granted
  • get our prior written permission to keep a dog, cat or other animal in the flat
  •  get our written permission to put up an outside aerial or other television or radio-receiving apparatus
  •  make sure that you do not bring bottled petroleum gas (for example, Calor gas cylinders) or any other potentially explosive material into your flat or maisonette or anywhere in the building or estate.

Your rights

You have the right, along with any other person going to or from your home, to:

  •  use any part of the estate or block that provides access to or away from your home
  •  have access to a water and electricity supply for your flat or maisonette
  •  live peacefully without suffering any nuisance, assault or harassment from your neighbours.

Dealing with nuisance and harassment

If you have suffered nuisance behaviour, or have been the victim of harassment, you should let the housing management team know as soon as possible so that we can take action against residents who cause nuisance or harass others. If you have been harassed, you should also tell the police.

We have an anti-social behaviour team to help tackle anti-social behaviour with the police. Your housing management team will be able to refer your case, if you agree, to the anti-social behaviour team for investigation and action.

We want to work with residents to improve the quality of life for everyone. We ask you to be a good neighbour. If someone reports nuisance we will consider what action to take, such as the following:

  •  Mediation - using skilled mediators to help people who disagree to sort out their differences without having to go to court.
  •  Injunction - an order made by the court which orders the person whose behaviour is causing a nuisance to stop. We, or anyone who is suffering nuisance, can ask for an injunction.
  •  Possession order - an order made by the court giving us possession of the property. This means we can evict tenants causing a nuisance.
  • Forfeiture order - an order made by the court ordering the leaseholder of a property to return that property to us.

More information and a copy of our anti-social behaviour policy can be found on the council website at www.wiltshire.gov.uk.

Alternatively, please contact our housing management team on Tel: 03004560117 for further advice.

Our responsibilities - What we must do?

Our obligations include:

  •  keeping the structure of the buildings, and the outside and shared areas of the building in good repair and condition
  •  repairing any structural faults which develop
  •  making good any damage to the building (including your flat but not your personal possessions) caused by any peril that it is the usual practice to insure against e.g. storm, flood, fire, etc.
  •  maintaining, as far as possible, the services you receive as a secure tenant.

Our rights

This depends on the lease. However, if we give you reasonable notice, in general we will have the right to:

  •  enter your home to carry out work to the structure, the outside and shared parts of the block
  •  extend or carry out alterations or improvements to the block or estate
  •  close, divert or alter any roads, footways or gardens on the estate.

Sub-letting

There are generally no restrictions in the lease preventing you from subletting your property. You must make sure that we have your current address and contact phone number in case of emergencies.

You should consider the following:

  •  You need a formal tenancy agreement between you and the tenant. Normally this will involve an assured shorthold tenancy as set out in Section 20 of the Housing Act 1988.
  •  Your lender (whether it is us, a building society or a bank) will have restrictions on sub-letting if you have a mortgage. So, you should get permission from them before you sub-let.
  •  Sub-letting should not result in overcrowding and must meet our standards for houses in multiple occupation.
  •  If the income from sub-letting exceeds a certain amount, then you may also be liable to pay income tax.

Sub-letting and anti-social behaviour

We take anti-social behaviour very seriously and will take action against those who cause any disturbance. As the lessee you are responsible for the behaviour of your tenants and their visitors. You must make sure your tenants do not cause a nuisance or disturbance in the flat, in the building or on the estate and surrounding area.

Nuisance or disturbance includes harassing other residents or visitors to the area. If your tenants or their visitors behave in this way, you will be breaking the terms of your lease conditions and we will take the appropriate action against you as the legal owner of the property. This may include legal action to get an injunction (a court order preventing you from doing something) against you as the leaseholder or forfeiture proceedings which may mean you risk losing your home.

Examples of unacceptable behaviour that could cause us to take action against you include:

  •  loud and continuous noise from the flat caused by music, parties
  •  shouting, DIY, slamming doors and barking dogs
  •  noisy activity in shared areas
  •  dumping rubbish
  •  vandalism and graffiti
  •  drunken behaviour
  •  actual violence or threats of violence
  •  abusive language or behaviour
  •  damaging property.

If your tenant causes any problems for other residents or our staff, we will contact you and tell you to stop your tenant causing the problem. If you don‟t speak to your tenant, or if your tenant ignores you and continues causing a problem, we may charge you for the time our staff spend dealing with your tenant and sorting out these problems. We may even take legal action against you.

Remember, the lease agreement you have is between you and Wiltshire Council.

Lodging

There are generally no restrictions in the lease preventing you from taking in a lodger. As with sub-letting, taking in a lodger should not result in overcrowding and must meet our standards for houses in multiple occupation.

Renting out a room may also affect your contents insurance. Most insurers will put up premiums, but it's still important to inform them if you want to be sure that your belongings are protected. If you don't tell them, the insurance may not be valid.

If the income from letting a room exceeds a certain amount, then you may also be liable to pay income tax.

You will be the lodger‟s landlord, and will have the responsibilities of a landlord.

2. Insurance

We take out comprehensive buildings insurance for every leaseholder. Buildings insurance covers only the structure, common parts of the house or block and permanent fixtures inside the property (e.g. bathroom suite). The contents of your home such as your furniture and other personal possessions are not covered by buildings insurance and you are strongly advised to take out your own contents insurance policy.

If your property is going to be empty for 30 consecutive days you must inform us in writing. Failure to let us know may affect claims made for any damage which occurred whilst the property was empty.

Building insurance

Buildings insurance covers damage caused to the building by any of the following:

  •  Fire
  •  Explosion
  •  Aircraft
  •  Subsidence, including landslip and heave
  •  Earthquake
  •  Deliberate damage (not graffiti)
  •  Storm
  •  Burst pipes and tanks
  •  Riot or civil disturbance
  •  Theft damage
  •  Flood
  •  Falling TV aerials
  •  Lightning
  • Accidental damage (certain items only)
  •  Falling trees or branches
  •  Impact, for example, a car running into the building.

In the case of deliberate or theft damage, you should report the matter to the police immediately and get a crime reference number.

Making a claim

If there is damage to a part of the building which is our responsibility to maintain and which is covered by our own insurance, we will make a claim.

You must make a claim on the building insurance only if part of the building you are responsible for maintaining is also damaged. If the insurance company is not prepared to pay your claim, you will be responsible for paying the costs.

Should you wish to make a claim on the buildings insurance or require further information please contact the leasehold and sales team on 0300 4560117 or email HSGMail@wiltshire.gov.uk (opens new window).

3. Service charges and payment arrangements

You must pay a service charge for the services you receive, for repair and maintenance of the building and for the landlord‟s insurance and management costs. Your lease will give details of what service charges you must pay and when. We work out service charges using the financial year from 1 April to 31 March.

Service charges become due on 1 April each year, but are billed in July / August when our accounts have been finalised and audited. They are billed in arrears and based on the actual costs incurred by the council in managing and maintaining its leasehold properties.

What your service charge might pay for

Leasehold Service Charges (LSCs) include the following, which are covered under the "management fee‟ heading:

  • Dedicated contact through Leasehold & Sales Team
  • Information through the "Housing Matters‟ newsletter
  • Dealing with enquiries from leaseholders
  • Carrying out statutory consultation under The Commonhold & Leasehold Reform Act 2002
  • Home visits to lessees on request
  • Updating leaseholders' records
  • Advising lessees as to their rights and responsibilities under the terms of the lease
  • Calculating and presenting LSCs
  • Issuing leasehold annual statements
  • Providing information for auditors
  • Liaising with finance officers to collate service charges
  • Negotiating with lessees on payment options
  • Enforcing lease conditions
  • Collating of costs for individual services
  • Advising Wiltshire Council of budgets
  • Auditing accounts
  • Invoicing lessees
  • Collecting service charges
  • Crediting accounts
  • Collecting service charge arrears
  • Processing repairs orders

Other charges

  • Caretaking or cleaning - if a caretaking or cleaning service is provided to your block you will be required to pay a share of the cost through your service charge.
  • Maintaining the grounds - we employ contractors to maintain the shared gardens and grounds. Repairing and maintaining the block - your service charge will include items for day-to-day repairs needed to maintain the structure, outside and shared areas of the block.
  • Electricity - you also contribute to shared electricity for your block which includes supplies for staircases and corridor lighting/heating, costs of running the lifts and any shared appliances within your block.
  • Major works - for information about larger items of repair and maintenance when individual leaseholders are charged more than £250, please refer to section 5 below.

How costs are worked out

If we sold all the flats in a building, we would recover 100% of the costs of managing and maintaining the shared parts of the building. If you are the only person buying in the building, you pay your share of the costs with the other charges paid through tenants' rents. We work out the amount you should pay each year using the proportion stated in your lease.

Items which may be billed will include:

  • Ground rent: The lease sets ground rent at £10 per annum and this cannot be changed.
  • Insurance: Insurance charges are calculated by dividing the whole cost of the insurance policy by the total number of leasehold flats.
  • Management costs: The total cost to the council of management items is divided by the number of leasehold properties; examples are given above
  • Responsive repairs / routine maintenance: If your property is within a block of four your lease should state that you are responsible for one quarter of the costs of maintaining the block. If part of a larger estate your lease may also state that you are responsible for a proportion of maintenance of the communal gardens, car parks etc. This will be in proportion to the number of properties on the estate.

For example, if the cost of maintaining the entire block is £1,000, you will be responsible for a quarter of this amount, or £250. If grounds maintenance costs £600 with 20 properties on the estate, a further £30 will be required towards the costs.

We break all of these costs down on your certificate of service charge for the previous financial year.

Where and how do I pay my service charge?

You will find the ways to pay listed on the back of the invoice.

What if I have a question about my service charge certificate?

If you have any questions about your service charges contact the leasehold and sales team by email HSGMail@wiltshire.gov.uk (opens new window).

You are entitled to inspect the accounts of your annual statement and supporting documents relating to that statement within six months. To do this, you will need to make an appointment with the leasehold and sales team.

If you dispute the service charge, you are entitled to appeal to the leasehold and sales team which sent out the service certificate. If you are still unhappy, you can apply to the leasehold valuation tribunal to decide on the matter.

Problems paying your service charges

You may find it difficult to pay your service charge. If this happens, you should contact us as soon as possible. We can then tackle the problem quickly and find a practical solution. There are a number of ways of dealing with financial hardship, such as:

  • agreeing payment terms with the council
  •  finding another way to pay
  •  claiming income support
  •  delaying your payments, with council agreement
  •  getting advice or counselling on debts. You will find telephone numbers for organisations who can offer you debt advice in the How to contact us section at the front of this handbook.

What will happen if I don't pay?

If you don‟t pay your service charges on time, we will contact you to remind you that payment is due. If you cannot pay, please contact us so that we can find the best way for you to make the payment.

If we do not hear from you, we will pass your account to our solicitors for recovery and contact the county court for a judgement order. If we have to take legal action against you, you may also have legal costs and interest added to the debt.

You must meet us to sort out any disputes you have, and let us know your current financial position. If the county court has made a judgement order we will have a range of options to recover the amount you owe including:

  •  getting your mortgage lender to pay your service charges; they will add this payment to what you already owe
  •  asking your employer to make a regular deduction from your salary until the amount you owe has been cleared
  •  employing a bailiff or county-court sheriff to seize goods to the value of your debt
  •  freezing your bank or building society accounts.

We may also register a legal charge against any property you own to protect the money we are owed. If necessary, we will apply to the court for "forfeiture‟. Under forfeiture you will not only lose your home, but you will still owe us the money.

We do not want to take legal action, especially as it would mean that you will have to pay legal costs and this will add to your financial problems. However, it is most important that you work with us to sort out the problem and let us know your current position. If you do not, we will take legal action to recover the service charges due.

4. Repairs and improvements

This section identifies who is responsible for carrying out certain types of repair - whether it is us or you. It also tells you how to go about reporting repairs.

Responsibility for repairs

Our response repairs service can be contacted on 03004560117. Email: housingrepairs@wiltshire.gov.uk (opens new window) Out of hours emergency repairs: 01722 411676 If the matter is not urgent you can also use the iHousing Portal.

Priorities for repairs

All repairs reported to the council fall into one of four priority categories, depending on the nature and urgency of the defect, as follows:

A. Immediate response

B. Action within 24 hours

C. Action within 5 working days

D. Action within 20 working days

Your lease tells you who is responsible for repairing the various parts of the block and your flat. The table below gives examples of common repairs and who is responsible for them.

Type of repairCouncilLeaseholder
Re-washer mains stopcock: to blockYesNo
Re-washer mains stopcock: inside flatNoYes
Repair to burst/leaking pipe: up to stopcockYesNo
Repair to burst/leaking pipe: beyond stopcockNoYes
Clear blockages and repair guttersYesNo
Replace/repair bath, basin, taps and WCNoYes
Drains - foul and surface waterYesNo
Shared flooring and staircasesYesNo
Flooring within flat (except joists and wall plates)NoYes
Roof structure and coveringYesNo
Outside windows in flat (not glass) N.B. This is dependent on the lease agreement.YesYes
Outside windows (glass only)NoYes
Internal doors to flatNoYes
Communal entrance doors and door entry systemYesNo
Flat entrance doors (frame only)YesNo
All shared windows and doorsYesNo
Electricity within flatNoYes
Shared re-wiring and repairsYesNo
Communal heating systemsYesNo
Individual heating systemsNoYes
Block forecourts, car parks, walls, hedges, boundary gates which have not been transferred as part of a lease agreement.YesNo
Kitchen UnitsNoYes
Shared plastering and decoratingYesNo
ShedsYesNo

 

5. A guide to major work

Major work

Major work includes projects like refurbishing the roof or carrying out external / communal redecoration, for which the cost of any individual flat‟s contribution is more than £250.

You should remember that we review these programmes regularly and they depend on changing priorities and the availability of finance. For example, if a roof suddenly deteriorates sooner than expected, we may have to bring this work forward. This may mean that we have to put back other work programmed for that year.

If you purchased your property under the Right to Buy Scheme, you will have received a summary of work and repairs that were likely to be carried out on the block over the first five years with an estimated cost of that work. We will let you know about any major work to be carried out after this period. We will give details of the work and the estimated cost.

Major works will be carried out under two headings. Our obligations to consult with leaseholders will differ depending on the category the works fall under.

Major works carried out under partnering and long-term agreements

We may have entered into a partnership agreement with contractors to undertake the planned maintenance work to reduce costs and increase the quality of the work carried out. Leaseholders would be consulted in accordance with the requirements of Section 20ZA Landlord and Tenant Act 1985 on the council‟s intention to enter into such a partnership and the selection of contractors. When work is to be carried out under this partnership agreement to the block in which you own a flat, you will be consulted (at least 30-days before any works are carried out) about the council‟s intention to do the work. You will also be advised of the estimated cost that will be incurred and the contribution due from you as a leaseholder.

Major works - qualifying works

When works are required that do not form part of any long term or partnering agreement we are required to carry out a more in-depth consultation with leaseholders if the cost is greater than £250 per flat.

We will issue a „notice of intention‟ under Section 20 ZA of the Landlord and Tenant Act (as amended by the Commonhold and Leasehold Reform Act 2002) to all leaseholders within the block. This notice will inform you that we plan to carry out works and the reasons for the works being necessary. You will have 30 days to submit written observations on our intention, and to put forward a contractor you would like to be included in the tender process. Any contractor you put forward will need to meet our conditions for approved contractors.

Once the 30-day consultation period has ended, we will serve a „notice and statement of estimates. This notice will give details of the two best estimates and tenders we have received and invite you, within 30 days, to submit written observations on these estimates.

The notice will give details of the estimated contribution that will become due from you as leaseholder.

The notice will also contain a summary of any comments we have received to the notice of intention, and our response to these. At the end of the 30-day consultation period, we can enter into a contract for the work to be carried out.

Within 21 days of awarding the contract, we will send all the leaseholders in the block a "notice of reasons", confirming which contractor we have appointed to carry out the work, and giving our reasons for awarding the contract. We do not need to serve a notice of agreement if the contractor we have chosen was put forward by a leaseholder or sent in the lowest estimate or tender for the job. The notice of agreement should include a summary of any comments we received in response to the notice of proposal, and our response to those comments.

Emergency works

If the work is needed urgently, for example repair to a badly leaking roof, we may ask permission from the Leasehold Valuation Tribunal (LVT) not to follow the Section 20 ZA consultation procedure so that the repairs can be done immediately.

What about value for money?

Cheapest is not necessarily the best value for money and so to make sure we provide value for money, we have a comprehensive competitive tendering procedure for projects. We invite a number of carefully chosen contractors to bid for the work and appoint contractors based on considerations of price and quality.

Billing for major work

We will bill you for your contribution along with your annual service charges. How to pay for major work If you are going to have difficulty in paying the charges for major work, or if the costs are greater than your savings, you can:

  • speak with the council and arrange payment terms
  • get a loan from your bank or building society, if possible.
  • If you purchased your flat under the Right to Buy Scheme, in the first ten years of the lease you may qualify for a service charge loan from the council. The loan is to cover the cost of repair bills with a minimum value of £1,500. This will be secured against your property and interest will be charged at the council‟s mortgage rate. Contact the leasehold and sales team for further information on service charge loans.

6. General information

Advice and assistance relating to your lease which may be useful follows:

May I make alterations to my home?

Yes, you can carry out a number of alterations such as putting in a new kitchen or bathroom, but you must get permission from council before starting work. You should put the proposed alteration in writing addressed to the leasehold and sales manager with as much detail as possible. An officer may need to visit your property before permission is granted.

Some alterations require planning and building regulation approval and/or a structural engineers‟ report, for example if removing partition walls or making additions to your home. It is your responsibility to ensure all required permissions are in place before starting any alterations.

Failure to apply for alterations could delay or prevent the sale of your home when you choose to sell.

Anti-social behaviour

Wiltshire Council takes a strict line to enforce the terms of the lease regarding antisocial behaviour to other residents and the surrounding community. Your home can be at risk if you, or a sub-tenant, fail to abide by the lease.

Anti-social behaviour (ASB)

Asbestos

As a leaseholder the responsibility for any asbestos within your home becomes yours.

Asbestos can be potentially hazardous to health, but only when it is in a poor condition and is releasing fibres into the air. The use of asbestos as a building material was banned in 1974, but as some council properties were built before this date, homes may contain asbestos in some of their construction materials.

Communal areas will be regularly inspected by the council and any presence of asbestos noted and managed according to statutory regulations. "Asbestos in the Home" provides further details, and is available from Health and Safety Executive (HSE): https://www.hse.gov.uk/ (opens new window). If you have any queries or concerns, please contact the leasehold & sales team on 03004560117 or email HSGMail@wiltshire.gov.uk (opens new window).

Hazardous and commercial waste

Boundaries and Fences

Your lease will tell you which boundaries you are responsible for maintaining. This will include any fences and walls which run along those boundaries.

Buying and selling

What happens when leaseholders buy and sell an existing leasehold property?

The seller's solicitor can request management and service charge information, which we provide for a fee to ensure staff time is covered by the seller and is not a cost to other leaseholders. The fee is that advised by the Bournemouth & District Law Society.

When the sale is agreed, a Notice of Transfer/Mortgage is sent to the council by the purchaser‟s solicitors within one month of the purchase date. This informs us who has bought the lease and become the new leaseholder. Please be advised that the council does not get involved in the negotiation process. It is entirely the responsibility of the buyers and sellers of the lease.

The seller will be expected to pay for service charges up until the date of sale as part of the sales process.

Employees of Wiltshire Council will not advise on whether a person should purchase a property. The information supplied to prospective leaseholders‟ representatives is based upon the facts available to them at the time the enquiry is made. Purchasers must satisfy themselves that they wish to proceed on the basis of their own independent legal advice.

Collective enfranchisement

This is the right for leaseholders to purchase collectively the freehold of the block in which they live. There are strict criteria that must be fulfilled in order to qualify and the processes and procedures are complicated. Independent advice should always be sought when considering applying for enfranchisement.

Leaseholders will need to set up a Right to Enfranchise (RTE) company which buys the freehold and takes over the management function for the block. A price will need to be agreed to purchase the freehold and all reasonable costs incurred by the council paid by leaseholders.

Communal areas

We ask that residents respect these facilities both internally and externally as they are for the benefit of all. These include: hallways, staircases, bin chutes, stores, door entry systems, washing areas, footpaths, fencing and grass. These will from time to time require maintenance. When repairs are required they are recharged proportionately through to leaseholders. Individual residents will be personally recharged only if there is clear proof of damage.

Communal Areas Policy

Extension of lease

There is a legal right for leaseholders to extend their lease agreement for a period of 90 years (plus any present unexpired term). The leaseholder will be expected to pay for any reasonable cost incurred by the council when dealing with the lease extension. For more information, please contact the Leasehold and Sales Team.

Flooding

If there is a risk of flooding at your property, then it is up to you to protect yourself, your family and your contents. If your home is flooded:

  • have your gas and electricity checked before use
  • boil all tap water until it has been declared safe
  • avoid contact with floodwater; it may be contaminated
  • contact the insurers of your home and contents. The council is responsible only for the insurance of your building. Please see the section on "2. Insurance" in this handbook.

Insuring your property from flooding

Flooding

Sandbags

Frozen pipes

To prevent frozen pipes in cold weather make sure that your home is properly heated, heating is on (low) even if you are out or away from your home and all pipes are lagged; in other words kept warm with insulating material.

If any of your pipes do freeze, turn off the water supply at the stop-cock and drain down the system by turning on all the taps until there is no more water coming through. The supply can be turned on once the pipes have thawed. If, despite these precautions, a pipe does burst:

  • turn off the water supply at the stop-cock
  • turn off the electricity supply at the mains as there may be a danger of water seeping into the electrical circuits
  • turn off hot water boilers
  • drain the system
  • call a qualified plumber to attend to the damaged pipe work. Loft spaces in blocks of flats do not form part of the leaseholder's property and are, therefore, the responsibility of Wiltshire Council.

Fuses

If an electrical appliance stops working or a light goes out, it may be because a fuse has blown. Replacing blown fuses is your responsibility, unless the electrical distribution system to the block is causing the problem. In this case it is then the responsibility of the council and you should call us immediately. If you feel an appliance is unsafe, do not touch it, and call a qualified electrician.

Gardens

You are responsible for maintaining any garden areas sold to you under the lease agreement. This will include lawns, flower beds, pathways, sheds and trees. Communal gardens are maintained by the council and contributions collected as part of your service charge.

Gas safety

If you are a new leaseholder, you will need to call the meter helpline on 0870 608 1524 to find out who supplies the gas to your property so that they can arrange for your supply to be connected. If you smell gas, turn off all gas supplies immediately. Extinguish any flames, open windows and doors and telephone Transco immediately on 0800 111 999. If in any doubt at all, leave the property and make the call from elsewhere.

Faulty appliances or pipe work can cause explosions or give off carbon monoxide, which is a poisonous gas. You cannot see this gas; you cannot taste or smell it. However, carbon monoxide can kill without warning in just a matter of hours.

You are responsible, under the terms of your lease agreement, for keeping any gas appliances in a state or good repair. This is to say that they do not present a danger to anyone living or staying in your flat, or any other flats in the building.

Please ensure that any gas fittings are regularly serviced. If you are a landlord sub-letting your property, you are required by law to have in place a Landlord's Safety Certificate (CP12), which is renewable on an annual basis.

Remember any servicing or fitting of gas appliances should be carried out only by a 'Gas Safe' registered engineer.

The council has an agreement with British Gas to carry out gas servicing for leaseholders at a discounted rate. For more information, please contact our contracts department on 03004560117

Noise

Residents are requested to respect their neighbours, and to play music and to listen to televisions at a reasonable level of volume and at reasonable times. In some cases it may be advisable to consider using headphones. The fitting of hard or laminate flooring can allow footfall and furniture movement to be amplified and so it is not permitted without suitable sound deadening materials being fitted underneath.

Pets

The keeping of pets is permitted only if the council has provided written consent. We expect you to look after your pets in a responsible way in your flat, communal areas and the wider community. They must not cause a nuisance to your neighbours, for example by creating a lot of noise or excessive smell. If a pet does cause a nuisance then the owner will be requested to remove it from the premises.

It is important that you clean up after your pets, dogs in particular. Many areas have special bins for the disposal of dog faeces and it is an offence punishable by a fixed penalty notice if left.

If you are purchasing a leasehold property then serious consideration should be given as to the suitability of the accommodation if you have pets that may cause a nuisance.

Rubbish

Take care when disposing of rubbish, especially glass and tins. Broken glass should always be wrapped in newspaper/cloth before disposal. We expect you to dispose of your rubbish carefully. Please make sure that you put your rubbish and recycling in the appropriate bin for the refuse collectors to collect.

If you have large items to dispose of, such as sofas or mattresses, please call Environmental Service to arrange collection on 0300 456 0100

Please tell us if someone has dumped rubbish on your estate. We will move the rubbish and charge the person who is responsible, if we have clear proof. Otherwise, as a cost of maintenance, these costs will be proportionately recharged to leaseholders.

Vandalism

Vandalism should be reported to Wiltshire Police and Wiltshire Council. When possible a log number and crime reference number should be obtained from the police, so that those responsible can be recharged and/or prosecuted.

Community Safety - Who to contact for help

Anti-social behaviour (ASB)

Water

Make sure you know where the stop-cock is for turning off the main water supply. If your water supply is cut off for any reason, turn off all the taps and keep sinks and baths unplugged. This will prevent any flooding when the water supply is restored.

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