Leaseholder’s
Handbook
Delivering quality housing services
to diverse communities
Contents
1. Forward
2. About this handbook
3. About being a leaseholder
4. The service you can expect
4.1Our service standard commitments
5. Your rights and responsibilities as a leaseholder
6. Our rights and responsibilities as your landlord
7. Buying, selling, sub-letting or losing your leasehold home
7.1Buying a leasehold property
7.2Selling a leasehold property (or leaving it to someone in your will)
7.3Sub-letting your leasehold home
7.4Losing your leasehold home
 Forfeiture
 Repossession
7.5The right to manage
7.6Buying the freehold of your block
7.7Lease extension
8. Living in your home
8.1Shared areas and services
8.2Gardens
8.3Satellite dishes
8.4Car parking
8.5Garages
8.6Refuse
8.7Pests
8.8Building Insurance
8.9Homes Content Insurance
8.10 Pets
8.11 Antisocial behaviour and noise nuisance
9. Repairs and maintenance
9.1Who is responsible for repairs?
9.2Reporting a repair
9.3When will the repair be completed?
9.4Cyclical maintenance
9.5Carrying out your own repairs
9.6Carrying out your own alterations
9.7How do I get permission
9.8Gas servicing
10. Major works and improvements
10.1 Consultation
10.2 Paying for major works
11. Service charges
11.1
What is a service charge?
11.2
The invoicing process explained
11.3
The first five years
11.4
How we calculate elements of your service charge
11.5
Paying for your annual service charge
11.6
What if I cannot pay my invoice?
11.7
Can I get help to pay my invoice?
11.8
What if I think my charges are wrong?
11.9
What happens if I don’t pay my charges?
11.10 Complaints and Compliments
12. Useful contacts
1. Forward
Welcome to the leading affordable housing provider in Herefordshire.
Herefordshire Housing Limited is a registered Charity and not for profit
organisation based in Hereford. It is part of the Herefordshire Housing Group of
Companies which provides Housing Services in Herefordshire and Care and
Support services throughout Herefordshire, Shropshire, Worcestershire and
Gloucestershire.
Established in 2002 following a large scale voluntary transfer from Herefordshire
Council, Herefordshire Housing is a Registered Social Landlord, regulated by the
Homes and Communities Agency. It provides housing and maintenance services
to its customers and a wide range of facilities management services to
commercial businesses within the county of Herefordshire.
Herefordshire Housing currently own approximately 5,400 rented homes in
Herefordshire and manage approximately 400 leaseholder properties across
Herefordshire.
Our Mission:
We RESPECT the individuality of our colleagues and customers and tailor our
approach to reflect their different needs
We INVOLVE people in service developments and delivery, so we
understand what’s wanted. This helps make sure our services are more
relevant and responsive
We SUPPORT each other, always deliver our promises and take pride in our
work and outcomes
We EXCEED expectation by always doing what we say, and always looking to
add value by doing even more.
2. About this handbook
The purpose of this handbook is to provide information on:
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The services provided by Herefordshire Housing Ltd;
Your rights and responsibilities as a leaseholder;
Our rights and responsibilities as your landlord;
Service charges.
Please note that this handbook is intended as a simple reference guide, covering
a broad range of topics. The “useful contacts” section provides you with a full list
of useful contact details should you require more detailed information about the
content of this handbook, or anything else you would like to know about
Herefordshire Housing.
The handbook is not intended to be an authoritative interpretation of the law,
nor does it override or affect the terms of your lease. Some of the information
provided may not entirely match the terms of your lease. This is because we
inherited different leases from different Councils who were the landlords of
homes prior to Herefordshire Housing. Please refer to your specific lease to
clarify specific terms and conditions applicable to your home and where
necessary we would ask that you take independent legal advice.
3 About being a leaseholder
If you buy a flat or maisonette you become a leaseholder. This means that you,
or anyone that you sell the leasehold to, have bought the right to live in your
home for a fixed period of time. This is usually up to 125 years from the start
date of the lease.
Herefordshire Housing is your landlord; we own the freehold interest in the land
upon which your home sits and the building within which your home is situated.
As your landlord we are responsible for maintaining the ‘bricks and mortar’ or
structural parts of the building, shared communal areas as well as any land
surrounding your home which we own.
As a leaseholder, you effectively are a ‘shareholder’ in the building you live in.
This means that you will have to pay a service charge to cover your share of any
management and maintenance costs incurred. You also have to pay a proportion
of costs of major repair works and maybe improvements to the building within
which your home is situated.
Your lease is a legally binding contract between you and Herefordshire Housing.
It sets out your rights and responsibilities, as a leaseholder, as well as the rights
and responsibilities of Herefordshire Housing, as your landlord. We will look at
your lease when we are managing the building to ensure that you only
contribute towards those works which we are entitled to charge for. Where we
are able to charge for works undertaken we will always seek a financial
contribution from the respective leaseholders.
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The service you can expect
We aim to provide high quality, customer-focused management and
maintenance services to leaseholders and will make fair and reasonable charges
for such services, in accordance with the terms of the lease and as prescribed by
legislation.
4.1 Our service standard commitments
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We will ensure that leaseholders are satisfied with the services they
receive from us.
We will always try to make a reasonable agreement with you to repay any
arrears, taking into account your income and essential expenditure.
We will send you an actual bill for the previous year by 30th September
every year
We will respond to any emergency repairs within 2 hours, and make safe
within 24 hours, urgent repairs within 3 working days and routine repairs
within 20 working days, where it is our responsibility to do so.
Your rights and responsibilities as a leaseholder
As a leaseholder you have a number of rights and responsibilities under the
lease. These include the following;
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You have the right to live peacefully in your leasehold home without
interference from your Landlord as long as you keep to the terms and
conditions of your lease.
You have the right to request that the Landlord carry out repairs to the
structure of the main building and the communal areas, however you may
have to pay a share
You have a statutory right to be consulted about any major works for which
you may have to pay a share of, (Section 20 legislation)
You have the right to sell your lease or leave it in your will, however you’re
Solicitor must inform us of the sale
You have the right to take in lodgers or rent your property to someone else.
If you want to grant a sub-lease to someone else you have to notify
Herefordshire Housing and pay the appropriate fee as set out in your lease
You have the right to carry out repairs and improvements to the inside of
your property as long as you don’t cause damage to the outside structure or
communal parts of the building. If you want to carry out any major alteration
which could affect the structure or appearance of the building you must write
to Herefordshire Housing to ask for permission. If you do not seek approval
from Herefordshire Housing you may be asked to take down and remove the
structure you have built and be liable for any costs incurred
You are responsible for paying a service charge to cover your share of the
costs associated with the management and maintenance of the block and
communal areas within which your home is situated. You may also be
responsible to pay a proportion of the costs of any major works that are
undertaken to the block
You are responsible for keeping to the terms and conditions of your lease
including any conditions that include not causing a nuisance to your
neighbours, not leaving rubbish in the communal areas, keeping the interior
of your property in a good condition and, where applicable, keeping your
own garden in proper order
Where you sub-let your leasehold property, as a Landlord you are legally
responsible for the safety of your tenants in relation to gas safety
By law you must:
- Repair and maintain gas pipework, flues and appliances in safe condition
- Ensure an annual gas safety check on each appliance, flue and gas
pipework found within the property
- Keep a record of each gas safety check
In addition if you live in the leasehold property it is good practise to ensure
that annually you undertake a gas safety check of each appliance, flue and
pipework. This will ensure your safety and that of your neighbours.
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Our rights and responsibilities as your landlord
As landlord, Herefordshire Housing has a number of rights and responsibilities.
These include the following;
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We have the right to carry out repairs and improvements to the block and
the communal areas although we do not have to wait until the element has
failed before we replace it.
We are responsible for keeping the structure and shared areas of the block in
good repair.
We have the right to manage the block.
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We have the right (and legal duty) to charge you, your appropriate
proportion in accordance with your lease for the costs incurred by
Herefordshire Housing in carrying out its responsibilities under the lease.
If we are carrying out any major works then we have a responsibility to
consult with you.
We have the right, in certain circumstances, to enter your property to carry
out repairs if there is an emergency, for example if there was a leak from
your property causing damage to other properties we can enter your
property to stop the leak.
Buying, selling, sub-letting or losing your leasehold home
7.1 Buying a leasehold property
There are two ways that you can become a Leaseholder of a Herefordshire
Housing home:
 Buying the home you currently rent direct from Herefordshire Housing,
through the Right to Buy or Right to Acquire schemes.
 Buying a home from an existing leaseholder on the open market.
7.2 Selling a leasehold property (or leaving it to someone in your
will)
If your lease was acquired with the aid of a discount (e.g. through the Right
to Buy or Right to Acquire schemes) you may need to repay all or part of the
discount when you sell.
 You have the right to sell your lease. You must inform us when the sale
has taken place by giving us a Notice with a registration fee.
 You also have the right to leave your lease to someone in your will (for
example your partner or children). They will take on the lease and become
the leaseholder.
In all cases you should get a solicitor to act on your behalf to ensure that
everything is done legally and to protect your interests. When buying or
selling your lease it is your responsibility to check whether any service
charges remain outstanding and to agree how such charges are to be
apportioned between the old and the new leaseholder(s). Herefordshire
Housing will not get involved in such arrangements. If you pass away and
you haven’t left a will, then your executors will deal with your lease in
accordance with intestacy laws. Any outstanding service charges will be
charged against your estate.
7.3 Sub-letting your leasehold home
You have the right to rent your leasehold home to someone else.
As the ‘legal’ leaseholder, you remain responsible for ensuring that the terms
of the lease are adhered to. You should also notify Herefordshire Housing
and advise them of your correspondence address and the arrangements for
payment of the service charges.
If you want to grant a sub-lease to someone then you have to give
Herefordshire Housing a formal Notice. It is a good idea to seek legal advice
if you are considering doing this.
7.4 Losing your leasehold home
Forfeiture
If you have broken the terms and conditions of your lease, Herefordshire
Housing as landlord of your home, has the right to apply to the Court for
‘Forfeiture’ by serving a Section 146 Notice. Forfeiture is a serious penalty. It
means that the Court may end your lease and give Herefordshire Housing
possession of your property, without you receiving any payment or
compensation.
Herefordshire Housing would only apply to the Court for forfeiture as a last
resort if:
 You have not paid your service charges which amount to £350 or more or
which have been owed for 3 or more years and we have applied to the
First Tier Tribunal (Property Chamber) to determine that the service
charges are payable.
 You have breached a term/ terms of your lease and you have not
responded to Herefordshire Housing’s requests to remedy the breach and
put the matter right.
Repossession
If you have a mortgage on your property, your mortgage lender has a ‘legal
charge’ over your property. This means that they can apply to the Courts to
take possession of your lease if you do not pay your mortgage. If the Court
grants possession to your mortgage company then you will be evicted and
the lease would be sold. The mortgage company will take what you owe
them from the proceeds of the sale, pay anyone else who has a charge over
your property and then give you anything that is left over.
Remember - your home may be at risk if you fail to pay your service
charges and/ or mortgage. Always seek help and assistance if you
are experiencing financial difficulties.
7.5 The right to manage
The Commonhold and Leasehold Reform Act 2002 provides a right for a
group of leaseholders to manage the building they live in, including but not
limited to, repairs and maintenance, insurance, etc., providing certain criteria
are met. The right is exercised by the service of a formal notice to the
landlord. Leaseholders will be required to form a Right to Manage Company,
limited by guarantee and will have to comply will all aspects of Company law.
The qualifying criteria include:
 The building must be self-contained (or if part of another building be
capable of being redeveloped independently)
 At least two-thirds of the properties in the building must be owned by
leaseholders
 The Right to Manage Company must comprise a sufficient number of
leaseholders (equal to at least half the total number of properties in the
building).
7.6 Buying the freehold of your block
The 1993 Leasehold Reform Act (as amended) provides the right for
leaseholders to apply jointly to buy the freehold of the block and manage it
themselves, providing certain criteria are met. This is called “Collective
Enfranchisement”. The right to purchase the freehold may only be exercised
by a Right to Enfranchise Company. The qualifying criteria include:
 No more than 25% of the internal floor area of the building should be
non-residential.
 At least two-thirds of the properties in the building must be owned by
leaseholders
 The Right to Enfranchise Company must comprise a sufficient number of
leaseholders (equal to at least half the total number of properties in the
building).
7.7 Lease extension
If you have held your lease for a period of 2 or more years then you may be
entitled to pay a premium and have the length of your lease extended by 90
years.
There are many important issues to be considered when thinking about
exercising the Right to Manage, the Right to Enfranchise or extending your
lease. Further information is available from the Leasehold Advisory Service
(contact details are at the end of this handbook), however it is always best
to take independent legal advice.
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Living in your home
As a leaseholder, you have the right to the ‘quiet enjoyment’ of your home. This
means you have the right to live peacefully in your home without interference
from your neighbours or landlord, as long as you keep to the terms and
conditions of your lease. If you live in a flat or a maisonette, it is important to
bear in mind that what you do may affect your neighbours. Under your lease
agreement you have a duty not to cause a nuisance or annoyance to your
neighbours. You are also responsible for making sure that your family and
visitors to your home do not annoy your neighbours.
This section deals with a number of issues which may affect you and how you
live in your home.
8.1 Shared areas and services
Herefordshire Housing is responsible for maintaining the shared areas in
your block, but everyone living in your block has a duty to use them
properly. Please do not leave pushchairs, bicycles or other bulky items in
hallways or under stairs. These areas should be kept clear at all times as
they may be fire escape routes. Remember that you pay a share of the cost
of maintaining shared areas so if you see someone causing damage or
misusing these areas contact us immediately on 0300 777 4321.
8.2 Gardens
If your home has a garden included with it then you are responsible for
ensuring that the garden is kept in a good and tidy condition. Hedges are the
responsibility of the leaseholders and should be regularly trimmed and
should not extend past their boundaries. Your lease will tell you what you are
responsible for.
If there are communal gardens then Herefordshire Housing will maintain
these and you will be charged a proportion through the Service Charge.
8.3 Satellite dishes
Before installing a satellite dish you must obtain written permission from
Herefordshire Housing. Some wall finishes are not suitable for fixing a
satellite dish to, for example where we have installed external wall insulation
and where there is an existing communal digital / satellite system you will be
expected to connect to this. If you do install a satellite dish without
permission then you may be asked to remove it with all costs borne by you.
For further information contact Herefordshire Housing on 0300 777 4321.
Satellite dishes on flats may also be subject to planning consent. You will be
responsible for making and paying for the application to the Local Authority
planning department if this is required.
8.4 Car parking
If your purchase includes an allocated parking space this will be included in
your lease. Where there is a communal car park, all residents have the right
to park a private motor car within the designated parking area only. You
should not use the car park for commercial vehicles, caravans or trailers.
8.5 Garages
Garages are available to rent from Herefordshire Housing. There is a weekly
charge for this. For further information contact Herefordshire Housing on
0300 777 4321.
8.6 Refuse
The Local Authority has a duty to take away all normal household rubbish as
part of the refuse collection service. Please ensure that all rubbish is placed
in the allocated bins which are normally contained within a designated bin
area, where applicable. Rubbish left in communal areas is unsightly and
dangerous, creating health and safety problems. If rubbish is dumped, we
may recharge you for its removal through your service charge.
8.7 Pests
It is your responsibility to arrange for any pest control in your home.
8.8 Buildings Insurance
We have an insurance policy to insure the block and structure of your home.
We then charge you for your share of the cost of insurance through your
service charge.
8.9 Home Contents Insurance
It is your responsibility to insure the contents of your home (the buildings
insurance described above does not provide home contents cover). You are
strongly advised to arrange your own home contents insurance cover. For
further information please call 0300 777 4321.
8.10 Pets
If your lease allows you to keep pets, you must make sure that they are kept
under control and that they do not annoy your neighbours. You may need to
obtain our written permission. Our permission will be withdrawn where
nuisance is caused to your neighbours and/or their lawful visitors.
8.11 Anti-social behaviour and noise nuisance
We are committed to tackling and reducing anti-social behaviour in our
communities and neighbourhoods and will take every opportunity to work in
partnership with our customers and other agencies to achieve this.
As a leaseholder, you are responsible for abiding by the terms and conditions
of your lease and must not cause nuisance or annoyance to your neighbours,
visitors, or anyone conducting lawful activity in the vicinity of your home.
You are also responsible for ensuring that any occupants of sub-let leasehold
properties abide by these conditions.
We define nuisance as any behaviour that unreasonably interferes with the
complainant’s rights to use and enjoy their home and community. Anti-social
behaviour may include, but is not limited to:
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Any drug related offences from a property or within the locality
Violence or threats of violence
Damage to property, including graffiti and vandalism
Harassment and hate incidents
Verbal abuse
Noise nuisance
Littering, fly-tipping, rubbish dumping and misuse of communal areas
Nuisance from vehicles
Nuisance from animals.
You can report anti-social behaviour to any Herefordshire Housing colleague
or you can call 0300 777 4321 to report the incident directly this will then be
forwarded to your Neighbourhood Officer or Anti-Social Behaviour Officer.
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Repairs and maintenance
9.1 Who is responsible for repairs?
Herefordshire Housing is responsible for keeping the common parts of your
block in good repair. This means that we will maintain the structure of the
building and the internal and external communal areas.
You are responsible for keeping the inside of your home in good repair. This
includes the glass in the windows, the interior plastering to walls and
ceilings, water pipes and other service pipes and cables within your property.
Repairs and improvements are split between day-to-day maintenance and
major works. This section identifies who is responsible for carrying out
certain types of repairs, whether it is Herefordshire Housing as the landlord
or you as the leaseholder, and how to go about requesting repairs. THE
COST OF REPAIRS IS USUALLY RECOVERED IN THE REPAIRS
ELEMENT OF THE SERVICE CHARGE.
The following table provides a guide on who is likely to be responsible for
repairs. Your lease agreement will inform you of your specific repair
responsibilities and it is important that you are familiar with the terms of
your lease.
Type of repair
Who is responsible
Doors
Landlord Herefordshire Housing
Door to individual flat
(HHL) (At your request we may grant
permission for you, as leaseholder, to
be responsible for your door. This
would be subject to our written
approval and subject to meeting fire
regulations)
Door frame to individual flat
Landlord (HHL)
Communal entrance doors to block
Landlord (HHL)
Communal door entry systems
Landlord (HHL)
Door fastenings
Leaseholder
Locks and handles
Leaseholder
Lost keys
Leaseholder
Windows
Landlord (HHL) (If Herefordshire
Window frames in external wall
Housing undertake a window
improvement programme which
includes leasehold properties we will
replace the whole window including
glass, fastenings etc. because it is not
possible to just replace the window
frame. These replacement costs will
then be charged back to individual
leaseholders. Following the
installation the leaseholder will be
responsible for glazing, fastenings,
etc. as per the notes below)
Glazing to all windows of property
Leaseholder
Window fastenings and hinges
Leaseholder
Heating
Individual central heating system and their
Leaseholder
controls
Individual focal point fire appliances
Leaseholder
Gas servicing and gas safety checks
Leaseholder
Sweeping chimneys
Leaseholder
Electrical
No mains supply to the property (Other
Landlord (HHL)
than a power cut)
Communal lighting systems
Landlord (HHL)
Check after water leak from another
Landlord (HHL)
property or communal area
Individual electrical systems
Leaseholder
Plumbing
Communal water storage tank(s)
Landlord (HHL)
Communal pipes serving the properties
Landlord (HHL)
Mains water supply to property
Landlord (HHL)
Burst pipe in property
Leaseholder
Taps and tap washers
Leaseholder
Stopcocks, ball valves, etc.
Leaseholder
Kitchen Sink, Bath, basin and W/C
Leaseholder
Blocked waste pipes
Leaseholder
Hot and cold storage tanks within the flat
Leaseholder
Internal Carpentry
Kitchen Units
Leaseholder
Internal doors
Leaseholder
Floors within a property
Structural floor slabs
Landlord (HHL)
Floor joists
Landlord (HHL)
Floorboards
Leaseholder
Floor tiles and finishes
Leaseholder
Walls and ceilings
Structural walls of each property or the
Landlord (HHL)
block
Foundations
Landlord (HHL)
Interior property walls
Leaseholder
Carpentry, for example, skirting boards,
Leaseholder
architraves, etc.
Plasterboard and plaster skim coat
Leaseholder
Decorations
External previously painted elements
Landlord (HHL)
including all communal areas
Internal decorations to property
Leaseholder
Communal facilities
Entrances, passages, landings, stairs, etc.
Landlord (HHL)
TV aerials and systems
Landlord (HHL)
Grounds maintenance
Landlord (HHL)
Exterior
Wall finishes for example re-pointing, re-
Landlord (HHL)
rendering, etc.
Roof structure and covering
Landlord (HHL)
Chimney (Not sweeping)
Landlord (HHL)
Roof rainwater goods
Landlord (HHL)
Fencing of communal areas
Landlord (HHL)
Balconies
Landlord (HHL)
Mains drainage
Landlord (HHL)
Car parks areas, drying areas, bin stores,
Landlord (HHL)
sheds, etc.
Footpaths
Landlord (HHL)
Interior: As a general rule repairs in the interior of the flat or maisonette
are the responsibility of the leaseholder and external and communal areas
are the responsibility of the landlord
9.2 Reporting a repair
You should tell us as soon as possible when a repair is required. This will
help us to keep future repairs and maintenance costs to a minimum. Your
repair can be reported to Herefordshire Housing on 0300 777 4321.
Alternatively, you can report your repair on-line at www.hhl.org.uk and
simply click on the “Report a repair” icon.
When you report a day-to-day repair there is certain information we will
need from you.
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Your name and address
A phone number where we can contact you during the day
As much information about the repair as possible
Any special instructions that the person coming to your home or
communal area should know, for example, time required to open front
door
If we need access to your home we will offer you an appointment and
give you a choice of morning or afternoon on a specified date. (Morning
appointments are between 8am to 12pm and afternoons are between
12pm and 4pm)
9.3 When will the repair be completed?
We will always try to work flexibly with our customers and in some
circumstances, usually for older people or people with disabilities, complete
repairs more quickly than our designated repair priority.
We give all the repairs reported to us one of the following priorities
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Emergency repairs
Urgent repairs
Routine repairs
Programmed repairs
We will tell you what priority category your repair request falls into and the
target date for completion when you first request a repair.
In some cases it may be necessary for an inspection to be carried out prior
to any works.
If you are unhappy because the repair has not been done or when the repair
is completed and does not meet reasonable standards, let us know as soon
as possible by calling 0300 777 4321.
9.4 Cyclical maintenance
Cyclical maintenance is undertaken to keep the building in a good state of
repair and to minimise the need for ad-hoc responsive repairs and
maintenance.
Cyclical maintenance relates to our external painting and maintenance
programme and includes any parts of the building previously painted, for
example:
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Any timber elements such as windows, fascias, soffits, shed doors, etc.
Any previously painted render or painted brickwork
Cast iron gutters and down pipes, steel supporting posts to porches, etc.
Gates and fences to gardens, communal areas / drying areas, etc.
Elements that typically will not be painted include:
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Galvanised gates and fencing
Resident’s own fencing, porches, extensions, etc.
PVCu windows, fascias, soffits, etc.
Render or brickwork not previously painted by Herefordshire Housing.
Some of these external elements may need repairing before they are painted
and this will be included in the cost. Gutters and down pipes will be
maintained, cleared and painted if applicable.
Following the cyclical maintenance programme your service charge invoice
may be considerably higher than usual.
9.5 Carrying out your own repairs
You are responsible for maintaining the interior of your home to a good
standard.
If you need to carry out any repairs you must make sure that these are
carried out with care, making sure that no damage is caused to shared
services or to the structure or communal areas of the block.
Some leaseholders may have previously carried out general repairs and
cyclical maintenance work themselves even though it is Herefordshire
Housing’s responsibility. For safety and insurance risks we do not
recommend that you do this.
If you wish to carry out works yourself, you must obtain our written
permission. This is because, as a landlord, we must ensure that work is
carried out safely and to a reasonable standard in order to keep the building
in good repair and to protect other customers using the property.
If you do cause damage to the structure or the communal areas of the block
then Herefordshire Housing will charge you for the full cost of the repairs to
put the damage right, this cost will also include a management fee for
rectifying the damage.
Always check with us before entering into any arrangement with a neighbour
to share the cost of works they are planning to undertake. This is because
they may not have our permission to carry out the works, the works may not
be to a reasonable standard or the arrangement may not be reflective of
what you are required to contribute under the terms of your lease – in other
words, you may end up paying more than you should.
9.6 Carrying out your own alterations
As a leaseholder you have the right to improve your home, but for some
improvements you will need written permission from us, you will then have a
maximum of twelve months to undertake the work from our letter of
notification. If you exceed the time period you will then need to contact us
again.
We don’t need to know about minor works such as redecorating but we do
need to know if the works will affect the structure or the appearance of the
building. We also need to know if the works will cause a disturbance to other
residents in the block or will affect the communal areas, communal plumbing
or electrical services. For example, typical alterations which would require
our permission would be:
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If you want to change your front door you need to ask for our permission
as we need to ensure that you install a door that meets our fire
resistance requirements.
Installing aerials or satellite dishes should not be erected without our
consent.
If you want to install laminate flooring you must ask us for permission.
We will have to consider whether this will cause a noise nuisance to other
residents.
If in doubt it is always best to contact Herefordshire Housing on 0300 777
4321 to confirm what you can and cannot do. Failure to seek our permission
could result in costs being sought from you by Herefordshire Housing to
rectify the situation.
Please be aware that some works may also require planning permission
and/or building control consent from Herefordshire Council. You will also
need to ensure that you comply with the Construction (Design and
Management) Regulations 2015.
9.7 How do I get permission?
Please write to the Governance and Legal Team at Herefordshire Housing,
Legion Way, Hereford HR1 1LN. In your letter please include as much detail
about your proposed works as you can and where appropriate enclose a
drawing or plan.
We may need to send a Surveyor to meet you at your home and see what
you propose to do before we are able to respond to your letter.
There may be a charge for giving permission, details of which will be given to
you on receipt of your request. If we do not give you permission then we will
write and explain why. We won’t refuse permission unreasonably. Although
we may give permission, it is still the leaseholder’s responsibility to check
and obtain if necessary, building and/or planning consent.
If you do carry out alterations without our consent we can ask that you
remove your alteration and put things back to how they were at your own
cost.
9.8 Gas servicing
Leaseholders are responsible for making sure that their gas appliances are
checked regularly by a Gas Safe registered installer. If you don’t get your
gas appliances checked regularly you could be putting your own life, and
anyone who lives with you, in danger due to the risk of carbon monoxide
poisoning or potential explosion from faulty appliances. You could also be
risking the lives of your neighbours.
If you sub-let your property and do not have a yearly inspection and you do
not give your tenant a gas safety certificate you will be breaking the law. If
you rent your home from a leaseholder, make sure you ask to see the latest
gas safety certificate. You can get more information about this from the
Health and Safety Executive’s gas safety advice line on 0800 300 363 or at
www.hse.gov.uk/gas.
Herefordshire Housing can arrange for your gas appliances to be checked on
an annual basis at a reasonable rate that would be charged as part of your
service charge invoice. If you wish for us to undertake a gas service please
contact us on 0300 777 4321. Alternatively, you can contact Gas Safe on
0800 408 5500 or www.GasSafeRegister.co.uk for further information about
registered installers.
If you suspect a gas leak please report it immediately
to National Gas Emergency Service on their
emergency free phone number – 0800 111 999.
10 Major works and improvements
10.1 Consultation
From time to time Herefordshire Housing will need to carry out major works to
the block in which your property is situated, for example roof replacements, new
door entry systems, or other major external refurbishments. In accordance with
your lease you may have to contribute towards the costs of these works. Please
refer to your lease to clarify specific terms and conditions applicable to your
home and where necessary we would ask that you take independent legal
advice.
Works are classed as being major if they are to cost any leaseholder over £250.
In the case of such works, the law requires us to carry out a consultation
process with you, details of which are set out below. Similar consultation
requirements would be likely to apply if Herefordshire Housing decide to enter
into a contract, for example a cleaning contract, to last more than a year which
might result in any leaseholder having to pay more than £100 per year.
Any consultation will be in accordance with the statutory consultation procedure,
also known as the Section 20 Consultation. In summary, this consultation would
include:




Giving you notice of our intention to carry out the works, allowing time for
you to comment and, where applicable, nominate contractors
Providing you with copies of estimated costs as soon as is practicable
Providing you with a summary of our responses to all comments received
Notifying you of the chosen contractor
There may be occasions where it is not possible or appropriate for Herefordshire
Housing to comply fully with the Section 20 Consultation requirements, for
example a badly leaking roof where works need to be undertaken urgently. In
such cases, we are entitled to ask the First Tier Tribunal (Property Chamber) to
allow us not to have to undertake the full consultation procedures with you.
We aim to notify leaseholders of works to be undertaken at the earliest
opportunity and will issue as much information on future work programmes as
we can. Before any work commences on site, you will be notified in writing. We
will give you approximate costs for undertaking the work, information about the
contractor to be used and the likely timescales to complete the works.
We do not have to wait until a component fails before we replace it, in fact we
try and be proactive in undertaking major works. We also do not need to replace
it for like for like and will replace with a modern equivalent where practical.
Where a component is replaced before the end of its life, we will review its
condition and likely remaining life and adjust the costs to you accordingly. We
will use our own surveyors to undertake this site review.
If you would like to speak to someone about planned future works, please
contact us on 0300 777 4321.
10.2 Paying for major works
Payment for major works will always be in accordance with your lease and these
costs will be included within your annual service charge.
In accordance with the leases Herefordshire Housing recovers the costs for
major works through the annual service charge mechanism in the lease. Prior to
1st April each year, details of the interim charge will be issued. This will be the
estimated overall service charge liability for the coming year, inclusive of any
major works that are scheduled to take place during the year. Leaseholders will
be required to pay the interim charge in accordance with the terms of the lease
and this will include an “on-account” payment of the anticipated major works.
During the Section 20 communication we will give you an estimate for
completing the works to your home. It is important to understand that the
estimation may go up or down once the actual costs have been calculated. We
will endeavour to keep you informed of any major changes to the estimation
however, it must be viewed only as a guide.
Following the completion of the works, a breakdown of the actual costs will be
prepared and these will be used to prepare a final invoice that will be sent to the
leaseholder. It is important to understand that costs may differ between
properties due to various variations that may arise as the improvement is
undertaken and this may mean that neighbouring leaseholders will have
different final costs. Payment will then follow in accordance with the original
lease.
Payment options will be agreed on an individual basis and will take into
consideration individual financial circumstances and whether you live at the
leasehold address or sub-let the property. If you would like to discuss the
options we can offer please contact Herefordshire Housing on 0300 777 4321
and ask to speak to our Financial Services team.
11
Service charges
11.1 What is a service charge?
The annual service charge is the leaseholder’s share of what it costs
Herefordshire Housing to provide management and maintenance services to the
property and/ or block within which your property is located or the estate within
which the block is located. The law says that charges must be reasonable and
the work must have been carried out to a reasonable standard.
Your lease states how we must work out your service charges and the costs we
can charge. For most services, this will be based on the total cost of services to
the block divided by the number of properties in the block. So even if you live on
the ground floor, or at the opposite end of a large block of flats, you would still
be required to contribute towards works carried out to, for example the roof, or
a stairwell that you may not use to gain access to your particular property.
Please refer to your lease to clarify specific terms and conditions applicable to
your home and where necessary we would ask that you take independent legal
advice.
Charges for services will vary, even for leaseholders in similar properties,
depending on the number, type and frequency of services provided and the type
of lease.
11.2 The invoicing process explained
The invoicing process will always be in accordance with your lease.
11.3 The first five years
If you buy your home under the Preserved Right to Buy or Right to Acquire we
have to tell you how much your service charges are likely to be in the first five
years. Once we have estimated your repair and improvement costs for the first
five years, we cannot charge you more than this (except for an allowance for
inflation). If we find we have over-estimated, we will only charge you what it
actually cost. This is called the five-year protection period.
This five-year protection period applies to repairs and improvements from the
date the lease is first purchased. If you sell your lease within this time the next
buyer is entitled to what is left of the five year protection period.
11.4 How we calculate elements of your service charge
Information about the services we provide and how we calculate the charge for
this can be found in the table following. Not all services, or elements within
services, will apply to all leaseholders.
Service
Description
Main Provider
How we work out the block
/ property charge
Grounds
This covers areas surrounding
HHL Facilities
We multiply the area (in
Maintenance
the block within which the
Maintenance team
square metres) surrounding
property is located. The type of
and commissioned each block by the cost (for
works provided may include:
external
a square metre).
• Grass cutting
contractors
The cost is based on an
• Hedge trimming
hourly rate multiplied by
• Shrub and tree maintenance
the number of man hours
• Sweeping/ weeding of hard
spent on each type of work
surfaces
at each location, multiplied
• Litter picking and leaf
by the frequency of the
collection
service
• Playground maintenance,
including inspections
Responsive
General ad-hoc repairs and
HHL Home
We keep a record of all jobs
Repairs
maintenance to the structure,
Maintenance team
carried out to the block.
exterior and communal areas
and when
The cost of jobs carried out
required
is based on material prices,
assistance from an
labour and overhead rates.
external contractor
Cyclical
External painting and
HHL Facilities
We keep a record of all jobs
maintenance programme to
Maintenance team
carried out to the block.
Maintenance
include, where applicable, the
The cost of jobs carried out
and servicing
painting of timber elements
is based on material prices,
(windows, fascias, soffits, doors,
labour and overhead rates.
fences etc.) any previously
painted render or brickwork
and gutter and down pipe
clearance, maintenance and
painting. The servicing of fire
detection and lighting systems.
Estate
Maintaining the estate
HHL Facilities
We keep a record of all jobs
cleansing/
environment, ad-hoc site
Maintenance team
carried out to the block.
replacement
clearances for fly-tipping,
The cost of jobs carried out
bins and bin
general rubbish, graffiti etc.
is based on material prices,
area
Maintenance of waste storage
labour and overhead rates.
cleansing
areas, ad-hoc site clearances
and bin replacements
Communal
Cleaning the communal
HHL Facilities
We keep a record of all jobs
cleaning/
windows, hallways, landing,
Maintenance team
carried out to the block.
communal
stairs etc. of your block
The cost of jobs carried out
window
is based on material prices,
cleaning
labour and overhead rates.
Communal area
Electricity for lighting the
electricity
communal areas of your block
External providers
Costs are based on invoices
paid by HHL (based on
estimated and actual meter
readings).
Audited
Annual audit of actual service
Independent
The cost is spread evenly
Accounts
charge statements
qualified auditor
over all leaseholders
Buildings
Insurance cover for damaged
External providers
We work out your premium
Insurance
caused by fire, lightning,
by multiplying the
explosion, storm, impact etc. to
estimated cost of rebuilding
the building
your property (as assessed
by a qualified surveyor) by
the current insurance rate
(for every £1,000 sum
insured) plus 5% insurance
premium tax.
Management
The management and
Herefordshire
Charge
supervision of services including Housing
The charge is based on 15%
of the total service charges
general administration,
arranging contracts,
maintaining appropriate
records and systems,
responding to leaseholders’
enquiries, producing the service
charge actuals and estimates
and the invoicing and collection
of these charges etc.
Ground Rent
The use of the land on which
Not applicable
Fixed fee of £10 per year.
the property is built
11.5 Paying for your annual service charge
Options for paying your invoice are:



Direct Debit - Direct Debit is a more convenient way to pay your invoices,
saving you time and possible postage charges. If you wish to transfer to this
method of payment, please contact Financial Services on the telephone
number below to request a Direct Debit form.
Cheque payments, payable to Herefordshire Housing Ltd, and posted to
Herefordshire Housing Ltd, Legion Way, Hereford, HR1 1LN. Please write your
account number on the reverse. DO NOT SEND CASH.
Using an Allpay card to pay:
-
At a Post Office (cash, debit card or cheques made payable to Post Office
Ltd)
At a Paypoint outlet (cash only)
Over the telephone (debit or credit card) 24 hours a day, 7 days a week,
on 0844 557 8321
On the Internet (debit or credit card) 24 hours a day, 7 days a week, at
www.allpay.net
To order an Allpay card, please contact Financial Services on the telephone
number below.

BACS, ensuring payments are remitted to Herefordshire Housing Ltd.’s bank
account. These details can be provided by Financial Services on the telephone
number below.

By Telephone, (debit or credit card) from 8:45am to 5:15pm on Monday –
Thursday, and 8:45am to 4:45pm on Friday on the telephone number below.
For further assistance telephone 0300 777 4321 and ask to speak to the
Financial Services team
DATA PROTECTION ACT 1998
Due to the requirements of the Data Protection Act 1998, if you wish a
representative to discuss your account with us please ensure that they quote the
account number shown overleaf and the latest invoice number. We will accept
this as your authority to discuss your account with your representative. We
cannot discuss your account with anyone who does not have this information. If
you have any queries please contact Financial Services on the above number.
Estimated invoices and statements of actual costs are sent to the leaseholder of
the property current at the time they are issued. If a lease is sold mid-term, any
apportionment of charges must be made between the person selling the
property and the new leaseholder prior to sale. Herefordshire Housing will not be
involved in any such agreement.
11.6 What if I cannot pay my invoice?
If you are having difficulty paying your service charge invoice, please contact us
immediately and let us know what the problem is. We have colleagues trained to
advise you on debt problems and any welfare benefits that you may be entitled
to. Alternatively you could contact the Citizen’s Advice Bureau for free,
independent financial help and advice. Contact details are at the end of this
handbook.
We will always try to make a reasonable agreement with you to repay any
arrears, taking into account your income and essential expenditure, before
taking any legal action.
11.7 Can I get help to pay my invoice?
If you get Income Support, income-based Jobseeker’s Allowance, Incapacity
Benefit with Income Support top-up or Employment and Support Allowance, you
may be able to get help towards paying your service charge bill. They will not
usually pay for the cost of any major work but may be able to help you pay any
interest that builds up on a loan or mortgage you have taken out to pay your
share of the major work.
To apply for help, you should contact your nearest Department for Work and
Pensions office (DWP) and ask for help towards housing costs, Visit
www.dwp.gov.uk or freephone 0800 731 7898.
If you get Pension Credit you may also get help towards paying your service
charge bill. To apply for help you should contact The Pension Service on 0800
991 234.
If you would like us to help you with any of the above, or require further
information contact Herefordshire Housing on 0300 777 4321.
11.8 What if I think my charges are wrong?
When working out your estimates we try to be as accurate and realistic as
possible to ensure demands for payment are reasonable. Some costs are easier
to estimate than others. If you feel that your estimated invoice, or your
statement of actual costs, is wrong, then you should firstly talk to us and, if
necessary, go through the Company’s complaints procedure or we can arrange a
mediation session to try and resolve any issues.
If at the end of this process you still believe you are being charged unfairly, you
will be able to apply to the First Tier Tribunal (Property Chamber). The tribunal
will decide:



If the cost of the services we are charging you for is reasonable;
If the work being charged for is of a reasonable standard, and
If the amount we are asking for in advance is reasonable.
The tribunal may decide that you must pay all of the charges, or they may
decide that we must reduce our charges to you. Once the tribunal have made a
decision we are both bound to accept it.
The Tribunal is entitled to charge a fee in order to deal with your request. This
can range from between £100 to £500, the precise amount depending on the
level and complexity of the dispute.
11.9 What happens if I don’t pay my charges?
Your lease is a legal contract between you and Herefordshire Housing. Under the
lease you have to pay all reasonable charges that we incur to manage and
maintain your block. If you refuse to pay your charges you are breaking the
contract and we could go to court to ask to have your lease ‘forfeited’.
If you have a secured loan from a bank or a building society we would tell them
before we started legal action. As they have a legal interest in your property
they could decide to pay the bill themselves and then take their own legal action
against you.
11.10 Complaints and Compliments
Herefordshire Housing is committed to providing the best possible service we
can. We recognise that sometimes customers will feel that they have cause to
complain about the service they have received.
We encourage all feedback from customers and aim to make it as easy and
straightforward as possible to make a complaint.
Any person wishing to make a complaint can do so:
In person at our Head Office Legion Way Hereford HR1 1LN.



By telephone – 0300 777 4321
By email – [email protected]
Via our website at www.hhl.org.uk following the link to Customer Care /
How to Complain
If someone is making a complaint on your behalf (e.g. a solicitor, local
councillor, advocate or friend) we will ask you to confirm this.
Equally we would like to hear from you if you feel that our service has been
good. All compliments we receive are passed on to the relevant team or
colleague concerned so that they know you were pleased with the service. It
helps us to know if we are doing things right.
12.0 Useful contacts
Herefordshire Housing useful contact numbers:
Telephone
Email
0300 777 4321
[email protected]
Herefordshire Housing
General Enquiries
Offices:
www.hhl.org.uk
Head Office, Legion Way,
Hereford, HR1 1LN
Anti-social Behaviour
0300 777 4321
Complete our online
enquiry form which can be
found on our webpage
hhl.org.uk
Complaints and
0300 777 4321
[email protected]
Compliments
Financial Support Officer
0300 777 4321
and/ or
Welfare and Benefits Advisor
Repairs, Maintenance and
0300 777 4321
Improvements
Citizens Advice Bureau
0844 826 9685
National Debt Line
0808 808 4000
www.nationaldebtline.co.uk
Homes and Communities
0300 1234 500
mail@homesandcommuniti
Agency (HCA)
HCA Service Charge Loans
es.co.uk
Finance, Homes and
Communities Agency, 149
Tottenham Court Road,
London W1T 7BN
First Tier Tribunal (Property
0121 600 7888
Chamber)
https://www.gov.uk/residen
tial-property-tribunaloffices-and-venues
The Leasehold Advisory
020 7832 2500
www.lease-advice.org.uk
Service
Herefordshire Council -
01432 260000
switchboard
Smell gas? Gas emergencies
0800 111 999
– National Gas Emergency
Service
Health and Safety Executives
www.hse.gov.uk/gas
0800 300 363
Gas Safety Advice
Gas Safe Register
0800 408 5500
www.GasSafeRegister.co.uk