Wiltshire Council Housing Leaseholders Handbook
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.
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.
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
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
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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