St Mary’s Mansions RESIDENTS’ GUIDE Contains important information, please read carefully! Revised March 2010 www.stmarysmansions.net 1 This Residents' Guide has been produced jointly by the Directors of St. Mary's Mansions Ltd, and the Managing Agents Douglas and Gordon, for the benefit of all residents and to help maintain standards at the building. It is being distributed to all flats and will be issued to all new residents. There is important information in this guide that could affect your lease (marked *) and also lead to possible prosecution if not complied with. We urge you to read this carefully! LIST OF CONTENTS: SCHEMATIC OF ST MARY’S MANSIONS……………………………..………………….3 OWNERSHIP STRUCTURE OF ST MARY’S MANSIONS ………………………………..4 RUNNING ST MARY’S MANSIONS………………………………………………………..5 SALE OF FLATS & TRANSFER OF LEASES……..………………….…………………….6 SUB-LETTING* ……………………………………………………….………………..…….6 ST MARY’S MANSIONS FINANCES……………………………..………………………...7 LEASE EXTENSIONS.………………. ……………………………………………...………8 PARKING RULES 2009……………………………………………………………………....9 BICYCLE ROOM…………………………………………………………………………….11 INSURANCE…………………………………………………………………..……………..11 OTHER SERVICES ………………………………………………………………….………11 SECURITY AND SAFETY…………………………………………………………………..12 ANTI-SOCIAL BEHAVIOUR ……………………………………………………………….13 LICENCES FOR ALTERATIONS PROTOCOL*………………………………..……..…...14 FLOOR INSULATION REQUIREMENTS FOR FLATS*……………………………….....16 LICENCES FOR ALTERATIONS FEES & DEPOSITS* …………………....……………..17 STANDARD CONDITIONS FOR RESIDENTS & THEIR CONTRACTORS……………..19 EQUAL OPPORTUNITIES & HARASSMENT POLICY...…………………………………20 2 Schematic of St Mary ’s Mansions Bins Bins Bicycles Garden Block 5 58a - 61 Block 9 112 -119 Porter Block 7 83-103 Block 8 104a -111 Block 6 62a -82 Block 4 50-57 Block 2 20 -41 Block 3 42-49 Block 1 1-19 St Mary’s Terrace 3 OWNERSHIP STRUCTURE OF ST MARYS MANSIONS Freshwater / Metropolitan Estates Owner of Freehold St Mary’s Mansions Ltd Head Lease Holder 124 Flats 98 Shareholders Limegate Ltd Intermediate Lease Holder 72 Flats Direct Leaseholders 52 Flats 49 Shareholders Limegate Leaseholders 54 Flats 49 Shareholders Limegate Tenants 18 Flats No Shareholders A Freshwater Group company called Metropolitan Properties, which also used to own the head lease, owns the Freehold of St Mary’s Mansions. During the 1970's and early 1980's the block was managed by Freshwater and became very neglected In the mid 1980's when service charge arrears and dissatisfaction with Freshwater were very high, discussions took place between the Residents Association and Mr Freshwater which resulted in the Leaseholders acquiring the Head Lease of St Mary's Mansions in the late 1980s. In order to do this, St Mary's Mansions Ltd. (SMML) was formed to own the Head Lease, and 98 of the 124 Leaseholders acquired a share in the Company. Metropolitan Properties owns 18 Leases, which do not have a share in SMML, and 8 Leaseholders chose not participate in the acquisition of the Head Lease and are therefore not shareholders. As many leases were due to expire 10 years before the Head Lease, Metropolitan Properties created intermediate leases on 54 flats in a company called Limegate Investment Company Ltd to benefit from the intermediate period. For those flats, Limegate is responsible for collecting Service charges. In addition, Limegate holds the 18 flats still owned by Metropolitan Properties. 4 RUNNING ST MARYS MANSIONS St Mary's Mansions Ltd is run by a group of voluntary (unpaid) Leaseholders who are democratically elected as directors. They make policy decisions relating to the Estate. Anyone wishing to stand for election as a director of SMML should contact the Chairman c/o the Estate Office. Elections take place at the Annual General Meeting. The general management of the building and service charge fund is dealt with by their appointed managing agents Douglas & Gordon Ltd. Day-to-day management of the Estate is provided by the Estate Office Staff Antonio Santana and Brian Firman, together with Douglas and Gordon. The Estate Office should be the first point of contact if there are any problems at the property. The Estate Office is open between 8.00 a.m. and 5.00 pm. Mon-Fri and 8.00 a.m. to 12.00 midday Saturday. Tel/Fax: 020 7706 2890 (with answer phone for messages) E-mail: [email protected] The Estate Office staff are not always in the Estate Office, but then are working elsewhere on the Estate. If you need them urgently during office hours and they are not in the office call the mobile phone: 07949 388247 For emergencies outside office hours please call Douglas and Gordon on 0844 858 4123 The Managing Agents can be contacted at: Douglas and Gordon 67-68 Warwick Square London SW1V 2AR Tel: 020 7963 4646 Fax: 020 7963 4647 The Property Manager for SMML is Nicola Holmes Direct Line: 020 7963 4616, E: [email protected] Nicola’s assistant is Erin Lawless Direct Line: 020 7963 4619, E: [email protected]. The Service Charge Accountant is Jonathan Clark Direct Line: 020 7963 4658: E: [email protected] 5 SALE OF FLATS & TRANSFER OF LEASES If you have just bought a flat at SMM, or you are going to sell your flat, please inform the Managing Agents and the Estate Office. We would also like to remind newcomers that, when you are purchasing a lease here in SMM, the following needs to be done: 1) Produce to the SMML Company Solicitor a Notice of Transfer of Lease 2) Execute a Licence to Assign/Deed of Covenant with the Company (SMML) 3) Apply for a new Share Certificate, enclosing the old one from the previous owner. The SMML Company solicitor for items 1) & 2) is: Mrs Penelope Standen, Partner Guillaumes Gosling & Wilkinson 2 St Martins Court, 37 Queens Road Weybridge, Surrey KT13 09UQ T 01932 840111 There is a fee of £250.00 plus VAT for the execution of the Licence to Assign/Deed of Covenant. For item 3) the Share Certificate, contact the SMML accountant: Richard Hickie Hodgson Hickie 4 Dovedale Studios, 465 Battersea Park Road London SW11 4LR T 020 7652 2222, Fax 020 7924 5170 There is a £35.00 administration fee for the issue of a share certificate. Make the cheque payable to St Mary’s Mansions Limited. SUB-LETTING If you wish to sub-let your flat, references must be obtained from the proposed tenants, proper tenancy agreements drawn up and the Managing Agents must approve your arrangements. Please note that letting multiple tenancies in the same flat (i.e. letting room by room to different people) leaves you open to prosecution. It is a breach of your lease to allow multiple occupancy, or to let for periods of less than six months. Holiday lets are therefore also not permitted. The leases stipulate you may only let to one family unit per flat with a minimum letting period of six months. SMML will take action against anybody caught multiple letting or holiday letting. Westminster Council also do not allow multiple letting or holiday letting and it is against their planning regulations. They can fine up to £20,000 for anyone caught breaking this rule. Evidence of multiple occupancy letting or holiday letting may also lead to permission to sub-let being withdrawn. Any resident becoming aware of incorrect letting should immediately inform the Estate Office or Managing Agent. Contact Details: Lessees sub-letting are requested to ensure that both the Managing Agent and Estate Office have your full contact details, plus names of your tenants. The Estate Office will not accept any deliveries for anybody whose name is not on the list of residents. Behaviour of sub-tenants: If you sub-let your flat and the neighbours consider the behaviour of your tenants to be anti-social, permission for the sub-let may be withdrawn. SMML will take action to evict anti-social tenants. (See also Anti-Social Behaviour) 6 ST MARY’S MANSIONS - FINANCES The annual budget estimate is published at the start of every year and is agreed between Douglas and Gordon and the Directors of St. Mary’s Mansions Limited (SMML). Lessees are invoiced twice per year (in April and September) for Service Charges based on this budget estimate. Limegate lessees are invoiced by Limegate and the rest invoiced by Douglas and Gordon directly. Limegate passes on the money they collect to Douglas and Gordon. Douglas and Gordon keep the Service Charge money in trust on behalf of St Mary’s Mansions Limited and operate three bank accounts: St Mary’s Mansions Client Account Service Charges Money from this account pays for day to day running and repairs of SMM. It is collected from all lessees under Schedule A of the annual budget. St Mary’s Mansions Client Account Major Works Money from this account pays for major works on the buildings of SMM. It is collected from all lessees under Schedule A of the annual budget. St Mary’s Mansions Client Account Lift/Boilers Money from this account pays for maintenance, repairs and renewal of the lifts and boilers in the Front Blocks and is collected from the lessees resident in the Front Blocks only under Schedule B of the annual budget. Any lessee may inspect the SMM accounts and bank statements by prior arrangement with Douglas and Gordon. Any money not spent or allocated for expenditure is called “reserve”. There is no separate account for reserve funds as they can occur in any of the above accounts. Any surplus funds left at the end of one year are automatically carried over for use the following year. The Board of SMML agrees the policy regarding expenditure with Douglas and Gordon but have no access to the funds themselves. Douglas and Gordon keep the accounts and pay the invoices relating to work undertaken at SMM. Work is carried out according to agreed plans and in accordance with available funding. All Major Works are undertaken on the basis of cost estimates and professional tenders. St Mary’s Mansions Limited (the Company) has its own bank account, which is completely separate from the above. The Company has limited funds that it receives from car parking and the interest paid on service charge arrears (according to a decision made by the Court of Appeal in October 2002). The Company publishes its own accounts every year, which are distributed to shareholders. The Company pays for its own accounting, for any professional advice to the Company including legal costs, and also covers Company expenses. The Directors are unpaid volunteers and any leaseholder can apply to become a Director. According to the Company’s Memorandum and Articles of Association there can be up to nine directors. 7 LEASE EXTENSIONS Lessees are entitled to buy an extension to their lease, and many lessees have done so. The procedure is as follows: 1. Appoint a solicitor with experience in landlord and tenant matters. Your solicitor should serve Notices of your application for a lease extension to the freeholder Metropolitan Properties - their solicitors are: Wallace LLP (representing Metropolitan Properties & Limegate) One Portland Place, London W1B 1PN T 020 7636 4422 And to Guillaumes Gosling & Wilkinson (representing St Mary’s Mansions Limited) 2 St Martins Court, 37 Queens Road Weybridge, Surrey KT13 09UQ T 01932 840111 2. Appoint a surveyor, with experience in landlord and tenant matters, to survey your flat and negotiate the price of the lease extension with the freeholder (Metropolitan Properties). 3. Your solicitor should make an application to the LVT (Leasehold Valuation Tribunal) to protect your interest in the event a price cannot be agreed with the freeholder. 4. Once a price has been agreed and new leases drawn up, Metropolitan Properties’ solicitor will issue a Deed of Variation between SMML and Metropolitan Properties, which deals with the fact that the ground rent is no longer payable on your flat. Once the Counterpart Deed of Variation is available, this will be sent to the SMML Company solicitor who will have it registered with the Land Registry. 5. Your solicitor should register your new Lease with the Land Registry. 8 SMM Parking Rules 2010 1. All vehicles, including motorcycles, in the parking area of St. Mary's Mansions (SMM) must display a valid parking permit at all times. The parking permit must be displayed in the rear window of the vehicle, or in the case of motorcycles, in a clearly visible position. 2. Motorbikes have allocated parking space behind Block 7. 3. In the absence of a visible and valid parking permit, the clampers are authorised by SMML to clamp the vehicle in accordance with the terms of their notice displayed in the car park. The Estate Office has no authority to prevent clamping. 4. Permanent residents who are not in breach of their lease terms and obligations are entitled to purchase one annual parking permit per flat for vehicles no longer that 5.00 m in the classes of vehicle specified below, subject to availability. Permit for a second car will only be issued later if space allowed. 5. Permit holders who breach the terms of their leases will have their permits withdrawn. 6. Since there are only approximately 60 car parking spaces, which cannot therefore accommodate all residents' cars, annual parking permits will be issued on a first-come, first-served basis. A parking permit gives an entitlement to park a vehicle in the car park of SMM, only if there is a car parking space available at any particular time. 7. Annual parking permits are issued for a period of one year from 1 January to 31 December. The charges for annual parking permits are as follows: • Motor vehicles £140.00 each. Parking permits will not be issued for commercial vehicles. • Motorcycles: £70.00 each. • New Residents moving in after July 1st will pay 50% of the annual fee. Payment must be made to the Estate Office. No refunds are issued. 8. Applications for annual parking permits must be made to the Estate Manager who will inspect each applicant's status (as to lease obligations, etc.) based on the Managing agent's report. The following original documents must also be produced to the Estate Office for inspection for each vehicle in respect of which an application is made: • motor vehicle registration certificate (address in SMM) • valid road tax disc 9. Annual parking permits are non-refundable and personal to the resident permit-holder and may not be transferred to another resident. 10. Parking permits automatically cease to be valid if they are forged and the resident will not be allowed to apply for them in the future. 11. Annual parking permits also automatically cease to be valid where resident permitholders become non-resident or road tax disk is missing or expired. 12. Annual parking permits therefore automatically cease to be valid upon the sale by a permit-holder of his/her flat in SMM. 13. Temporary parking permits may be issued to permanent residents by the Estate Office for workmen at £10.00 per vehicle per day and personal visitors at £ 5.00 per vehicle per day. They are valid for 24 hours – starting at 8.00 am for a 7 days maximum. 9 14. Temporary parking permits may be issued in advance and are non-transferable and non-refundable. The following information must be provided in advance to the Estate Manager: • name of the visitor or firm • registration number of the vehicle • number of the applicant's flat • date(s) for which the permit is to be issued 15. Temporary parking permits must be displayed on the vehicle in the same way as for annual parking permits. Contractors employed by SMML will be allowed to park their vehicles in the car park on the authority of the Estate Office without charge. 16. Residents are asked to show consideration to fellow residents when parking, in particular, all vehicles: • should be parked head-in • should be parked neatly so as to allow others to park beside you and pass behind you • should not be parked in front of, or adjacent to, the garages • should not be parked in such a way as to restrict or obstruct access around the lamppost • should not be parked in such a way as to restrict or obstruct access to the entrances/doorways to the back blocks • should not be parked with their wheels on or in the flowerbeds • large vehicles should avoid parking at the front entrance to the driveway and at the corners opposite the central lamppost as they block the driveway for other vehicles and make turning difficult. 17. If you have an accident in the car park, take a note of the number of any other vehicle involved and report the incident to the Estate Office so that the vehicle owner can be informed. Please note that the car park is recorded on CCTV cameras. 18. In the interests of health and safety and of due consideration to fellow residents, vehicles may not be left unmoved for long periods of time (3 months or more) and/or abandoned or left in a state of dereliction in the car park, even if they display a valid parking permit. Such vehicles may be clamped and/or removed by the clampers. 19. Be alert to crime and criminals - do not leave any valuables visible in vehicles. Be sure to lock your car doors and close your windows. Report suspicious loitering strangers to the Estate Office and/or the police. 20. All cars are parked at their owners' risk in the car park of SMM. SMML, the Board of Directors, the managing agents and the Estate Office are not responsible for any damage or liability whatsoever, and howsoever caused, as a result of cars being parked in the car park. 21. Breaches of these Rules may result in the withdrawal of parking permits and/or a refusal to renew annual parking permits. 22. These Rules shall apply as from 1 January 2010 and with respect to annual parking permits for the period 1 January to 31 December 2010. 10 BICYCLE ROOM A bike storage room is available for use. It is situated at the side of block 9. A key for the room is available from the Estate Office at no charge. If this key is lost a replacement one will cost £5. For security reasons, this key only gives access to the bike room door and not the main entrance to block 9. In addition the block cannot be accessed internally once in the bike room. Racks and wall points have been installed and residents should ensure that they secure their bikes to them with strong locks as St Mary’s Mansions Limited will not be liable in the unlikely event, that any damage or theft occurs. Due to demand, an additional free-standing bike rack has been erected next to block 9. Now that the bike storage has been created, bikes are not permitted to be brought into the common parts of the block, which in the past has caused damage to decorations, or to be left in the car park area. The Estate Manager may remove any bikes that are found in these areas. Please remove bicycles from the storage room if they are no longer required for use, so that other residents can have a space. INSURANCE SMM Building Insurance: This is arranged by the freeholders and is paid for out of service charges. It covers claims to damage to the structure of the buildings. Claims that relate to straightforward damage from a neighbouring flat, (e.g. faulty bathroom plumbing, bad workmanship during alterations made by lessees) will not be covered by SMM Insurance. Claims: In an effort to streamline and keep track of insurance claims the Estate Office takes responsibility for the authorisation and organisation of insurance claims. If you need to make a claim, please notify the Estate Office within 24 hours of detection of damage. The Estate Office staff must be allowed to inspect the damage and if appropriate a claim form will be issued. They will then arrange two quotations for repair of the damage and send a signed claim form with the two quotes to Douglas & Gordon's Insurance Claims Administrator. The Managing Agents cannot progress claims without a signed form from the Estate Office. Flat Contents Insurance: Residents are responsible for insuring their own contents. Damage to carpets, curtains and other personal possessions is not covered by the buildings policy. OTHER SERVICES Gas Installations: Each flat in SMM has its own gas supply. Current Health & Safety regulations require that flat owners have their gas installations checked each year. Water Supply: We receive our supply from Thames Water to our tanks in the roof of SMM. Water is not metered; instead a charge is made to each flat. Window Cleaning: The service charge covers cleaning of the windows on the communal staircases. You are responsible for arranging cleaning of the windows in your apartment and for keeping your windowsills clean. Television: No individual aerials or individual satellite dishes are permitted. A satellite broadcast system in installed at SMM. Residents can buy a Freesat box or subscribe to Sky or various other satellite services. In addition there are aerials to receive Freeview. For information and to report problems call Community Vision on 01892-722887. The buildings are also wired for cable through Virgin Media (formerly NTL). For information and to report problems call them on 0800 952 0343. 11 SECURITY AND SAFETY A good level of security can only be established through the vigilance of the Estate Office and the residents themselves. Individual flats: Experience has shown that the most likely form of illegal entry is by forcing the front door of a flat. Flats on the lower floors have suffered illegal entry via windows. It is advisable to ensure that the main door into your flat is protected by a metal surround and hinge bolts, as well as by secure locks. A further precaution is to check the strength of the door itself. Advice on the protection of your flat can be provided from the Crime Prevention Officer at Paddington Green police station (020 7402 1212). Front Doors into SMML Blocks: It is important to ensure that these doors are shut properly each time they are used, Access by unknown persons: No resident should allow access to a Block by any unknown person(s). If anyone calls on the video entry phone who you do not expect, you should politely refuse entry and (in daytime) refer them to the Estate Office. Spare keys for individual flats: A set of keys for your flat may be left with the Estate Manager, who may need to enter your flat in an emergency. The keys will be kept safely and released only to the lessees themselves or people who produce written authority from the lessee. Fire Safety: There are fire extinguishers and smoke detectors on every floor. They are inspected regularly. Please do not remove fire extinguishers from their positions for any purpose other than to extinguish a fire. The Fire Brigade recommends that everyone should fit smoke detectors in their homes. Battery operated detectors can be bought cheaply at major department stores or electrical stores. Do not throw cigarette butts out of the windows. Roofs and Basements: There is no access to roofs, for residents or their workmen, without the express permission of the Estate Manager; pipes and roofs are easily damaged and are costly to repair. Basements are used by the Estate Office staff, and SMML contractors, to store materials for maintenance of the building. Neither basements nor roof spaces are available as storage space for residents. Lighting: Lighting for the front blocks remains on for 24 hours a day. Lighting for the back blocks is on a timer and goes off in daylight. Please inform the Estate Office if your time clock is not set correctly, and ask them to replace broken light bulbs. Lifts (only in Front Blocks): If you have a problem with the lifts, please inform the Estate Office. The lifts are designed for carrying people, and should not be used for heavy removals. Always close the lift doors carefully. Satellite dishes: Individual mini satellite dishes are not permitted to be erected on the exterior of the building, on balconies, or in the roof spaces. SMM has its own satellite dishes and aerials to access digital television and radio services (see Television). 12 ANTI-SOCIAL BEHAVIOUR Noise: Few issues create more social discord in blocks of flats than noise. Your lease provides for the quiet enjoyment of all flats, and there is a strict ban on noise at night, after 11 pm. - never play television, radio or musical instruments at a volume that allows them to be heard in neighbouring flats; be particularly careful when you are giving a party, and warn your neighbours when there is likely to be an unusual amount of noise. Remember that the inner light wells amplify sound. - do not use domestic appliances, such as waste disposer, washing machine etc, after 11 pm. - do not slam windows, interior doors or car doors. - uncarpeted floors carry noise. Please note that the leases insist on carpeting. If you intend to lay wooden flooring, you need to put down soundproof underlay (see Alterations). - Westminster Council has a 24-hour Noise Team. To make a complaint, or to find out how they can help, please ring 020 7641 2000. No Smoking: Smoking is not allowed in entrance halls, lifts, staircases and landings. Do not throw cigarette butts out of the windows. Balconies: Please do not put plants on the balconies; a plant pot resting on the asphalt will gradually sink into it. Do not drill holes in your balcony as it will cause grief to your neighbour below. Please keep your balcony free from fallen leaves that will block the drain holes, and give the Estate Manager access to inspect and repair your balcony if necessary. Do not put satellite mini dishes on balconies. Porch roofs are not to be used as balconies. Daily disposal of rubbish from flats: Black plastic bags are collected from outside flat doors each day Monday to Saturday. Please put them out by 8.00 a.m. Please be considerate and: - do not put broken glass or sharp objects in the bag unless they are wrapped in thick newspaper; do not put glass bottles or jar in the black bag but recycle them if possible. - tie the top of the bag and ensure there is no seepage of liquid from it; - place the bag outside either in the morning before 8.00 a.m. or as late as possible the previous evening. Do not leave bags out on Saturdays after 8.00 am or any time on Sundays before late evening. If you need to dispose of rubbish at weekends, please place it yourself in the communal paladins in the car park. Recycling: There are recycling bins at St Mary’s Square and Warwick Avenue. Westminster Council has a poor record on recycling, especially for flats, so you may wish to write to them to ask for improvements. Our local M.P. Karen Buck is lobbying for better facilities and would welcome your support on this issue. Karen Buck Tel: 020 8968 7999 Fax: 020 8960 0150 E-mail: [email protected] Disposal of large rubbish from flats: Westminster Council will remove large items of rubbish (e.g. fridge, washing machine) free of charge. To arrange this call 020 7641 2000. There is also a 'special needs' service for people who have physical difficulty in putting out waste or recyclables for collection. To arrange this also call 020 7641 2000. Drains and Sewage Pipes: Please do not put any cooking fats and oils down the kitchen sink, as this will block the pipes. Do not put nappies, sanitary towels, rags or other insoluble materials down the lavatory, as these block the drains. If you see a blocked drain please notify the Estate Office immediately. Pets: Do check the terms of your lease regarding pets. In practice well-behaved owners and animals are permitted. Any animals using the communal or garden areas should be under supervision, and all mess should immediately be removed and disposed of. Owners will be held responsible for damage caused by pets. 13 LICENCES FOR ALTERATIONS PROTOCOL Under the terms of your lease you are not permitted to carry out any alteration or addition to the demised premises or to “cut or maim any of the walls, floor timbers, stanchions or girders without the prior consent of the Landlord (St Mary’s Mansions Limited) albeit such consent shall not be unreasonably withheld. Please note it is a requirement of the lease that the floors of the flats are to be kept covered at all times with carpet (except for kitchen and bathroom). Any failure to carpet these areas will amount to a breach of the lease terms. (See note below re Flooring Insulation). Alterations that are generally NOT permitted: • No alterations to the exterior of the building • Installation of wooden floors or removal of carpets • Solid floor finishes other than original kitchen and bathroom areas • No alteration may be carried out that would cause disruption or blockage to the chimney flues from adjacent apartments • No penetration of the existing ceilings. Suspended ceilings will be required for downlighters • No penetration of the existing concrete floor slab • Any alteration that will cause any new “wet areas” (i.e. bath or shower rooms) to be created over a dry areas (living or bedrooms, kitchens) in another flat, or the modification, diversion or creation of new soil or waste pipes that may have cause to leak into a similar dry area You are required to obtain a Licence for Alterations prior to commencement of works no works are to commence until the Licence has been completed. Written application consent for alterations should be submitted to Douglas & Gordon - as a single package - and should include the following: 1. Timetable of works (The number of weeks the project is expected to take) 2. Four copies of professionally prepared plans showing the existing and proposed layout 3. Four copies of structural engineer’s drawings and calculations 4. Four copies of detailed specification of the alterations 5. Party Wall Agreements – if applicable 14 6. Where deemed appropriate, four copies of any unconditional Planning and/or Building Regulation consent from Westminster City Council. The plans should incorporate any recommendations with regard to means of escape and smoke detection. A certificate of compliance is needed at completion of the works for deposit with the licence. Note: St Mary’s Mansions is listed by Westminster Council as a building of Architectural merit. 7. Schedules of Condition for the flats above, below, adjacent and the common parts. You must arrange for a digital photographic record on CD and deposit copies with the affected flats and Douglas & Gordon. The lessee is to be totally responsible for any damage caused as a result of the alterations works and no liability is accepted by the landlord or its agents. • All electrical installation works shall comply with the latest IEE Regulations • All plumbing works shall comply with CORGI and IHVE Regulations • Any rubbish skips or containers will be sourced at the lessee’s expense, together with any appropriate license or parking bay suspension documentation. The lessee will also need to inform both Douglas & Gordon and the Resident Porters prior to any delivery and the onus falls upon the lessee to ensure that skips and containers are covered and fully lit during non-working hours. • AT NO TIME are materials or refuse to be conveyed into or out of any flat, directly via the main front doors, in the passenger lifts or through the common parts, without the express permission of the Resident Porters. Due to a legal restriction, the movement of such materials must be supervised by the Resident Porters and conducted via the basement passage. • The landlord’s insurers must be advised of the proposed works so that the building policy will not be prejudiced. Prior to or immediately upon commencement of the proposed works, Douglas and Gordon or the Resident Porters, must be provided with written evidence, that the insurance cover held by all contractors and sub-contractors involved in the works, is sufficient. 15 FLOOR INSULATION REQUIREMENTS FOR FLATS The introduction of hard flooring is not permitted under the terms of the lease. However it will be considered if the Lessee can demonstrate that the completed structure will meet the appropriate requirements and standards based upon the Building Regulations - Approved Document E, in relation to The Passage of Sound in flats and domestic dwellings. The hard covering should essentially take the form of a floating structure applied on to a resilient layer. Protection against sound from other parts of the building and adjoining buildings: E.1. of the Building Regulations covering dwelling-houses, flats and rooms for residential purposes states that the structure including floors shall be designed and constructed in such a way that they provide reasonable resistance to sound from other parts of the same building and from adjoining buildings. Testing should always be carried out for purpose built dwelling-houses and flats: Sound insulation testing to demonstrate compliance with Requirement E1 should be carried out on site as part of the construction process. The duty of ensuring that appropriate sound insulation testing is carried out falls on the person carrying out the building work, who is also responsible for the cost. dB Results for Purpose Built Dwelling-Houses & Flats Minimum Airborne Sound Insulation: Floors & Stairs = 45dB Maximum Impact Sound Insulation: Floors & Stairs = 62dB Floor Treatment Methods The resistance to airborne and impact sound depends on the total mass of the floor, the effectiveness of the resilient layer and the absorbent material. Before a floor treatment is applied appropriate remedial work to the existing construction should be undertaken, it is important also that any gaps in floor are sealed. The flooring in the Block is known to mainly comprise a concrete variety and as such the treatment required will need to include the provision of a resilient layer on top of the concrete prior to laying the floating solid floor covering. There are many products available but the Lessee should demonstrate that whatever product is selected the impact and airborne sound reduction criteria listed above are met. It is also important to carry the resilient layer up at all room edges to isolate the floating layer from the wall surface and leave a gap of 5mm between skirting and floating layer of which must be later filled with a flexible sealant. 16 LICENCE FOR ALTERATIONS – FEES & DEPOSITS Following full receipt of the above documents Douglas & Gordon, on behalf of the Landlord, will instruct Peter Smith of Smith Baxter Chartered Surveyors, Langdale House, 61 Arragon Road, Twickenham, Middlesex, TW1 3NG, Telephone 0208 891 9900, email [email protected] - and if appropriate – the services of a qualified structural engineer - to consider the proposed alterations. This is to protect the Landlord’s interests and ensure that the overall structural integrity of St Mary’s Mansions is preserved. The surveyor’s – and/or structural engineer’s – reasonable fees which will be confirmed on receipt of the proposals are payable - in advance and directly to the firm concerned - by the lessee – before any consideration will be given to the proposed works or any site inspection made. In addition, the lessee will be responsible for the legal fees associated with the Landlord’s solicitor drafting and executing the formal License to Alter documentation. In this instance the solicitors retained for this purpose are Guillaume Gosling & Wilkinson, 2 St Martins Court, 37 Queens Road, Weybridge, Surrey, KT13 9UQ Telephone 01932 840 111 – Email [email protected] A cheque covering a security deposit of £2,000.00 - against potential damage to the common parts (including the cost of extra cleaning) – shall be issued to Douglas & Gordon, 67- 68 Warwick Square, London SW1V 2AR made payable to the Douglas & Gordon Client Account. Should any damages be sought by the Landlord, the Resident Porters or Douglas and Gordon will advise the lessee - or their on-site agents – whichever be most convenient - of the cost of re-instatement – and the Landlord reserves the right to dispense with value of any repairs - as they deem appropriate – either as a penalty sum or at the point of invoice. The following is an indicative schedule of costs based upon a simple alteration to the property allowing for one visit by the Surveyor. Guillaume Gosling & Wilkinson Solicitors fee for preparing the Licence for Alterations. £450 + VAT (£517.50) Smith Baxter surveyor’s fee. £450 + VAT (£517.50) Douglas & Gordon Ltd’s fee for dealing with your application. £250 + VAT (£287.50) To be held by Douglas & Gordon as a deposit (cheque made payable to Douglas & Gordon Client Account) £2,000 (no VAT) These fees are based on work for a standard licence. Additional fees may be payable if additional services are required (Structural Engineer, Party Wall Awards etc) the required information is not provided, if the work is particularly complex, or additional visits are necessary. 17 These fees must be agreed and paid in advance or no action will be taken, which may lead to a delay in the application being completed. The preparation of your Licence will not begin until the above monies have been received, and you may not begin works until you have this Licence in your possession. We do ask that you appreciate that consent for a project of alterations cannot be granted in one or two days. The Licence to Alter permits alterations to be carried out in accordance with the plans attached to the Licence and no variation whatsoever is permitted until approved by the Landlord or its agents, which may require an additional Licence. The Licence provides for the alteration works to be completed within three months from the date the Licence is completed. No work is permitted beyond the three-month period unless previously agreed by Landlord or its agents. The Estate Office staff has printed sheets, which detail the regulations for residents and their contractors. This is a list of rules for guidance during the building works. They will be pleased to give a copy of this to anyone proposing to have works done. If it is essential to make a Planning and Building Regulation Application to Westminster City Council, it should be noted that it takes from 3 to 5 weeks to process them. As the approvals form part of the License to Alter application, it will not be drafted until the Council’s consents are lodged with the surveyor and solicitor mentioned above. A formal licence will not be issued without such consent. This protocol has been put in place to protect the building, and to protect the interests of the residents as a whole. It is irresponsible and potentially dangerous to undertake any alterations to your flat without a Licence. It may also mean you are unable to sell your flat in the future – a prospective buyer will need to see evidence that your alterations have been approved. A retrospective Licence (if granted) can take a long time and cost more than one obtained in advance of works. Legal action will be taken against any lessee who fails to comply with the requirements for Licences for Alterations. 18 STANDARD CONDITIONS FOR RESIDENTS AND THEIR CONTRACTORS • • • • • • • • • • • • • • • • • • • • • Lessees must notify Managing Agents before any major refurbishment or conversions take place (see guidance notes on Licences for Alterations). The Building Control Officer must be notified prior to any structural works being carried out, and his approval must be obtained. A copy of such approval must be sent to the Managing Agents. All works must comply with all statutory requirements. Prior to commencing any works the lessees are responsible for agreeing with the Estate Manager commencement and completion dates for the works. Any work must not affect common parts or their free use by other residents. Any work must not affect or alter in any way the structure or layout of adjacent common parts or any other flats in the block. Work must not affect the supply of services to other flats except where main supplies are turned off to link up secondary pipes or wiring. This must be arranged with the Estate Manager. Noise, dirt and other nuisances must be kept to a minimum so as not to inconvenience other residents. Flat entrance doors must be kept closed whilst works are in progress and a dustsheet must be positioned in the hallway. Also the main entrance doors are to be kept locked shut at all times. Under no circumstances are the lifts to be used to transport building materials. The agreed working hours for building on site, unless otherwise specifically agreed with the Estate Manager, are 8.30am to 5.00pm Monday to Friday (inclusive). All builders must have adequate insurance to cover consequent loss or damage to other Lessees’ flats and common parts as a result of their works. All rubble must be removed from the site in sealed plastic bags and all internal and external common areas are to be swept clean at the end of each working day. Failure to do so will occur charges to the lessee. No external scaffolding may be erected without permission and an agreed timetable. All bags and other waste must be removed through an appropriate window using a hoist or a flexible plastic shute unless the site is at ground floor level, and not carried down the stairs or through the common parts. Waste and bags of rubble can be stored for a maximum of seven days in the courtyard but only in one place to be agreed with and specified by the Estate Manager, and on prior specific removal arrangements being made with and agreed by the Estate Manager. These arrangements apply unless an ad hoc arrangement is agreed with the Managing Agents because of specific problems. The lessee is responsible for any damage caused to the block by his/her builders and it is in his/her own interest that he/she sees that these conditions are complied with. No audio equipment of any description is to be played. Waste disposal units, when fitted, are to be plumbed into existing soil stacks, not waste pipe hoppers. There are a limited number of parking spaces in the courtyard, and, if available, parking permits must be obtained from the Estate Manager at the contractor’s cost. The contractor is not permitted to use the Landlord’s electricity supply. The Freeholder is aware that problems of sound transference have occurred in the past due to the introduction of solid floor finishes. This situation may lead to an infringement of the quiet enjoyment for other occupants. If solid finishes are therefore to be considered, we advise careful selection of materials to avoid a breach of the covenants of the lease. Any new coverings must comply with the latest sound insulation requirements of the Building Regulations. 19 St Mary’s Mansions Limited Equal Opportunity & Harassment Policies Equal Opportunity Policy St Mary’s Mansions Limited is committed to ensuring equal opportunities for all. This policy aims to ensure that no job applicant, employee or freelance, sub-contractor, or anyone else involved with the company, receives unequal treatment with another on grounds of his or her sex, marital or family status, colour, race, ethnic origin, nationality or national origin, religion, age, disability or sexual orientation. Nobody will be placed at a disadvantage by requirements or conditions, which cannot be justified on the basis of the actual requirements of the job. If any individual feels that he/she is suffering unequal treatment on any of the grounds listed above, he/she may make a complaint to be dealt with through the agreed procedures, without prejudice to any right of reference of the matter to a Tribunal or a court of law. Matters of complaint should be drawn to the attention of the Managing Agent in the first instance. Individuals shall have the right to discuss the complaint with a person of the same sex if they so wish. Action to implement policy In order to put our commitment to equal opportunities into practice St Mary’s Mansions Limited will: - inform employees of how these practices work and how they apply to each employees’ job opportunities - monitor our existing and future recruitment and pay practices for all our employees including those in non-standard employment - operate a pay system, which is transparent, based on objective criteria and free from sex bias, and inform individual staff how their own pay is arrived at - discuss and agree the equal opportunity policy with employees - selection criteria and all other personnel procedures will ensure that individuals are appointed, promoted and treated on the basis of their relevant merits and abilities - inform all personnel connected with the organisation of this policy - provide training and guidance for managers and supervisory staff involved in decisions about pay, benefits and recruitment - provide as much support as practicable to allow our employees to develop their talents to the full St Mary’s Mansions Limited intends through the above action to avoid unfair discrimination, to reward fairly the skills, experience and potential of all staff and thereby to increase efficiency, productivity and competitiveness and enhance the company’s reputation and image. St Mary’s Mansions will ensure that this policy is implemented fully. All members of staff, sub-contractors and others involved with the company are expected to give their active support to this policy and work to ensure that it is observed. Harassment Policy Introduction Harassment is a term that is generally used to define unwelcome and unwarranted 20 behaviour, which affects the dignity of an individual or group of individuals. Harassment may also include the following: • Bullying - this may be characterised as offensive, intimidating, malicious, insulting or humiliating behaviour, an abuse or misuse of power or authority which attempts to undermine or injure an individual or group of individuals. • Discrimination/victimisation – this is essentially any act of inappropriate differential treatment, intentional or otherwise, direct or indirect, which is based on an individual’s identity. For the purposes of this policy the general term of harassment will be used to cover all of these types of behaviour. St Mary’s Mansions Limited Policy commitment St Mary’s Mansions Limited believes that everyone has the right to be treated with dignity and respect and that harassment is totally unacceptable. The Company will work to prevent any form of harassment from happening in the first instance and where it has already occurred, will work to prevent it from happening again. As part of the Company’s commitment to respond to all types of harassment in the workplace and the community we have developed a procedure for reporting any incidents of harassment for service users and employees of St Mary’s Mansions Limited. All incidents reported to the Company will be treated confidentially and will only be disclosed to other agencies working to tackle harassment if the complainant gives consent or in special circumstances where an individual’s Health & Safety may be at risk, a criminal offence has been committed or where child protection legislation requires it. The legal framework Any intentional harassment may be considered a criminal offence. A person could be committing an offence if they intentionally cause a person(s) harassment, alarm or distress, where they use threatening, abusive or insulting language or behaviour or disorderly behaviour or display any writing, sign or other visible representation which is threatening, abusive or insulting causing that other person(s) harassment, alarm or distress. Harassment may also amount to unlawful discrimination under the Sex Discrimination Act 1975, the Race Relations (Amendment) Act 2000, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003. In 2006 Employment Equality Regulations came into force for Age. Responsibility The Managing Agent dealing with the initial report is responsible for ensuring that the correct information is recorded, for reassuring the victim and for ensuring that the Board of SMML are informed of the incident. The Board of SMML, together with the Managing Agent, are responsible for deciding whether the matter can be resolved within the company or whether the seriousness of the incident means that a formal investigation is required. If a formal investigation is required, external advisors may be asked to undertake this. The Board, together with the Managing Agent, is expected to ensure that incidents are followed through to resolution in some form. 21
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