Shared Owners Handbook

Housing Services Shared Owners Handbook

Major works and long term contracts – Apartments only

Gas servicing

What work needs the landlord’s permission?

Selling your home

Pets

Resident Engagement

Leaseholder

Fire

Equal Opportunities

Data

Introduction

WELCOME

This handbook contains important basic information about your Shared Ownership arrangement with us.

We hope you find it useful as a quick reference guide. Housing Services is a department within Havering Council, and services to Shared Owners are provided by the Home Ownership team.

The Home Ownership team is committed to continually improve the level of service we deliver to our residents. We hope you find this Shared Owners Handbook useful. It covers many aspects of Shared Ownership which may be helpful to you.

Our commitment to you is that the service we deliver is of the best quality and value for money we can provide.

We will only charge you what it costs us to provide the service - we don’t make any profit on those services.

Please do not hesitate to contact us if you require any advice about your lease or service charges.

We look forward to working with you to improve our services and achieve a high quality housing service.

We hope you enjoy your new home and welcome you as a resident of the London Borough of Havering.

Your lease

When you buy your shared ownership property, you buy a share in the property and then pay rent on the share retained by the Council. You buy a Lease which gives you the right to live in the property for a set period of time and the right to purchase additional shares.

Your lease is a legally binding contract between yourself and Havering Council. By signing it both parties agree to abide by its terms and conditions.

You will become the ‘lessee’ and the Havering Council will be the ‘lessor’, also known as the ‘landlord’.

Havering Council (the ‘landlord’) owns the freehold and is responsible for completing repairs to communal areas, providing caretaking and cleaning services to communal areas, maintaining grounds and so on.

Under the terms of your lease as, we are allowed to cover the cost of this service.

The expenses of maintaining repairing renewing improving and redecorating;

The main structure and exterior of the demised premises and the building including the roof, chimney stacks, gutters and rainwater pipes of the building and all boundary walls and fences now or hereafter forming a part of the estate and the gas and water pipes, drains and electric cables and wires in, under or upon the building and enjoyed or used by the lessee in common with the owners and lessees of the other apartments.

Your Lease will tell you both your rights and responsibilities and ours.

It is very detailed and contains many legal terms and expressions so to simplify matters its main points are outlined below:

YOU AGREE:

• To pay the rent and service charges (where applicable) at the time and via direct debit monthly

• To keep your home in a good state of repair

• To not carry out any alterations or additions (except usual decoration) to your home without our written permission (landlords consent)

• To not sell your home without our prior written permission

• To allow us with prior notice to inspect the condition of your home

• To use your home as a single private dwelling for one family only

• To not do anything which may adversely affect out buildings insurance policy

• To carry out and inspection of you boiler and all gas appliances and provide the council with a valid annual Gas Safe Certificate.

WE AGREE:

• To allow you to occupy your home without interference unless you in breach of the terms and conditions of your lease

• To insure the building (but not its contents, you should source this yourself)

• To not sell our interest in your home without your consent. Officers from the Home Ownership Team would be happy to explain the lease to you. You can contact us on 01708 434000 or email:

homeownership@havering.gov.uk

Please note that there are more clauses in your lease and should ask your solicitors or legal representative to check it with you if you are unsure about anything. You must be consulted about any changes we make to the lease. Generally no changes can be made without your permission. You have the right to stay in your home until the end of your lease as long as you keep to the conditions set out in it and pay all the charges due.

As a Shared Owner you will be required to pay a weekly rent. You also will be required to pay an annual ‘ground rent’. The demand for ground rent is issued each year with the estimated service charges, which is normally sent out in February and is payable from 1st April. Please be advised due to change in legislation from July 1st 2022 ground rent on new properties is no longer applicable.

Your lease should identify the estate on which your property is located, the numbered block which your property forms part of, the demised premises and what is included. This may include garden, shed and outbuildings. These will be hatched black on your lease plan and boundaries you are responsible for should be marked with a “T”. The lease is a legal document that sets out the relationship between you and the landlord. It is important to understand the terms of your lease. Make sure you know what your responsibilities are and what the London Borough of Havering are. If you breach the terms of your lease, you could face legal action. Future purchasers take on all the rights and responsibilities of the first purchaser.

Officers from the Home Ownership team would be happy to explain the lease to you. You can contact us on 01708 434000 or at homeownership@havering.gov.uk

Rent, service charges and payment options

You will be required to pay rent in respect of the proportion of the property you do not own. This will be until such time that you own the property outright, i.e.. buy the remaining equity otherwise known as ‘staircasing out’. Your rent is calculated as a proportion of the property that you own and the initial value of your home at the time that you purchased it.

The rent is increased on an annual basis. The date of your increase will be found in your lease but is usually from 1st April each year. The mechanism for increasing the rent will also be detailed in your lease; however, it will normally be increased by the RPI (Retail Price Index) of each January plus 0.5% (variable). The rent will be reviewed on an ‘upwards only’ basis. This means that the level of rent will not go down when it is reviewed. However, any increase in the rent will be capped at a figure representing the RPI increase plus 0.5% (variable). This means that where the RPI is zero or negative the most recent rent can increase by 0.5% (variable).

We will always provide you with at least one month’s notice of your annual increase. The rent increase letter is issued by no later than 28th February each year. Rent payments must be made monthly in advance via direct debit. If as is normal you pay a service charge, then this is paid at the same time by standing order. The first payment towards your rent and service charge will usually have been made by your solicitor (using your funds) on completion of the purchase.

Please check the period that this payment covers to ensure that you know when your next payment is due. If you are purchasing by way of assignment (i.e.., from a previous owner) please check that your solicitor has made arrangements with the vendor about apportioning the charges for the month of purchase. Your insurance premium is calculated on bedroom rating and lessees will pay a fair and equitable amount for their property in relation to the number of bedrooms or bed spaces. Bedroom rating is a market standard way to rate properties.

PAYING YOUR RENT

Following on from the completion of your purchase you will be advised of your new weekly rent and the balance on the account including any payments that have been made on completion. You will also be advised of your new rent account number. Your rent account will always be charged weekly on a Monday.

HOW TO PAY YOUR RENT

You are required to pay this rent by monthly Direct Debit you will be sent a direct debit mandate with your welcome letter which you should complete and return to leaseholdincome@havering.gov.uk

Should you wish to make a debit or credit card payment on your rent account, you can do so by telephoning the automated payment line on 0300 456 0630 and you will need to know the amount you want to pay, your debit card details and your 14 digit rent reference number

You can also make payment on the Havering Council website www.havering.gov.uk

When making payment you must ensure that you quote the account reference number shown in your letter for either the rent or service charges. Each reference number is different so you must make sure you use the correct one.

Welfare Reforms

UNIVERSAL CREDIT

If you claim money for your rent from universal credit, they will pay it directly to you, if you qualify.

You are responsible for paying your full property rent when claiming housing costs from universal credit. If you are struggling to manage your money and need help dealing with debts and budgeting, our Financial Inclusion and Welfare Benefits Team may be able to help. Please let your Leasehold Income Officer know and they will ask one of the team to speak to you, if necessary. You can find out more about universal credit on www.havering.gov.uk/uc

The amount of housing costs that housing benefit or universal credit pay may be reduced because of one or more of the following reasons:

YOUR INCOME:

The amount of Universal Credit you are entitled to will be affected by your Income.

BENEFIT CAP:

If you are getting more than £442.31 (for a family) or £296.35 (single person) a week in benefits then your benefits can be reduced to stay under the capped amount. Find out more on www.havering.gov.uk/bencap

NON-DEPENDENT DEDUCTION:

Your housing costs can be reduced if there is an adult who is not your partner, living in your home. This is because adults are expected to contribute towards where they live. There can be a reduction for each adult who is not your partner, who is living in your home. You may ask the adult(s) to contribute to the rent but the full property rent remains your responsibility even if they do not contribute.

The Leasehold Income team can tell you what help is available and refer you for specialist support if you need it. You can contact the team online at www.havering.gov.uk/askhousing by phone on 01708 433060 or via email Leaseholdincome@Havering.gov.uk

Service Charges and Payment Options

WHAT ARE SERVICE CHARGES?

Service charges are your share of the cost of managing, providing services and carrying out repairs and improvements to the communal parts of your block or estate.

Before each financial year starts in April, we will send you an estimated service charge that will be based on the most recently available actual charge. This will include your contribution towards the likely costs of any services provided to your block or estate, as well as building insurance and ground rent for the forthcoming year.

At the end of the financial year (March) we will begin to calculate how much was actually spent for each service. In August/September each year, we will send you a Statement of Actual Expenditure. This gives details of the actual cost of providing each service to your block or estate during the previous financial year.

For example, in September 2020 you would receive a Statement of Actual Expenditure for the previous financial year, April 2019 to March 2020.

If your estimate was too high, we will credit a refund to your service charge account. If this results in your account going into credit, you can request in writing for this amount to be refunded. If the estimated charge was too low, you will be asked to pay any additional amount. Any additional amount must be paid by 21 October, unless you are paying by direct debit, in which case your direct debit amount will be automatically adjusted to reflect any changes.

HOW IS MY SHARE OF THE CHARGES WORKED OUT?

The cost of each service provided to your block is collated and then divided by the total number of apartments in the block to calculate your share. For example:

Block cost calculation

Block cost for cleaning £400

Number in block 4 properties

Your cost (£400/4) £100

Service charges and payment options

ITEMS INCLUDED IN THE SERVICE CHARGE

Grounds maintenance

This charge is for the upkeep of any communal grounds on the estate. The charge is based on the type of maintenance carried out (such as grass cutting, shrub tending, weed control etc.), and the size of the area maintained.

Communal heating

If your property is connected to a communal heating system, you must meet the cost of supplying heating to your property. Havering Council sets the charge for communal heating in line with what tenants are required to pay in their rent. There may be additional costs in maintaining the communal heating system, which will be recharged to Shared Owners.

Communal electricity

This is the cost of supplying lighting to the communal parts of the block where your apartment is located. The charge is based on the bills we have paid to the utility company during the financial year. If your block has a lift or controlled entry system, this is powered by electricity, this will be included in the communal electricity charge.

Communal/satellite TV aerial

This charge is for the upkeep of the TV aerial system. If there is an aerial or satellite TV point in your property you will need to contribute towards the cost of maintaining and repairing the system, whether you choose to use it or not. Once fitted in your property, the point cannot be removed.

Internal & external cleaning services

If your block is cleaned by the caretaking team, the charge will be based on the number of hours spent by the team at the block or estate each week. The charge also covers the cost of cleaning materials, appropriate clothing, transport, salaries and any additional costs incurred.

Day to day repairs and maintenance

In accordance with your lease, you will be charged your share of the cost of any repairs and maintenance works that have been carried out to the communal areas of your block and estate. If the property is a house then you will be required to complete any repairs to the property internally and externally. The Council will only complete estate repairs.

Door entry maintenance

This charge is for standard maintenance to tenant controlled access systems and includes items such as clock changes in October and March each year. It does not cover the cost of any repairs to the system. These will be charged under day-to-day repairs. If a door-entry system is fitted in your property, this is intended to prevent unauthorised entry to the communal areas. Please do not, therefore, release the lock unless you are sure of the identity of the caller, and do not wedge open any communal door, or tape down the release button on your handset.

Environmental Enforcement Officers

The Environmental Enforcement Officers or EEOs (formerly known as Community Wardens) patrol on foot and/or by vehicle and have close ties with the Police and Safer Neighbourhood teams to make sure everyone works together to make your community as pleasant and safe as possible.

EEOs are not Police Officers but do have enforcement powers and are able to gather evidence, issue fines, instigate prosecutions and reduce the fear of crime.

Their main focus is to address environmental crime and improve the quality of life for Council residents. Examples of work that the EEOs carry out on the estates include; investigate fly tipping and issue fines to the offenders, investigate and remove abandoned vehicles, follow up and investigate Anti Social Behaviour (ASB) in the communal areas such; violent or rowdy behaviour, dog fouling and tenancy related nuisance, supporting Housing Officers.

The EEO team are also supported by the LBH Tactical Enforcement team and Council-funded Police team (referred to as the HJTF or Havering Joint Task Force) to target nuisance hot spots in the borough including housing estates.

Their routes are scheduled to cover all areas managed by the London Borough of Havering and residents can request specific patrols to address specific issues.

Meetings are held bi-weekly and the tasks to be carried out are decided on at these meetings. Residents may not always be aware of the EEOs presence on estates when they are there, the Council and the HJTF also put out social media posts about any engagement or enforcement activity to let people know what work has been undertaken.

CCTV

This charge is for a centralised CCTV system consisting of numerous cameras across the borough’s housing land to help detect anti-social behaviour and crime. The cameras are monitored from the main CCTV control room and operate 24 hours per day, 365 days per year.

INSURANCE

How is my insurance premium calculated?

Your insurance premium is calculated on bedroom rating and lessees will pay an equitable amount for their property in relation to the number of bedrooms or bed spaces. Bedroom rating is a market standard way to rate properties. Even where properties have the same floor span, a property with more bedrooms would cost more to rebuild due to the layout requiring additional materials i.e. additional materials such as additional walls, supports, decoration and services.

Is there an excess?

There is an excess in respect of subsidence, ground heave or landslip which is currently £1,000 and a £50 excess applies to the extended accidental damage cover. This will be subject to change. If you have an insurance query, please contact the Insurance Section at the Town Hall Romford on 01708 432369 or email insurance@havering.gov.uk

ADMINISTRATION CHARGE

Administration costs are included in all Shared Owners’ service charges. The Home Ownership team provides the same service to all Shared Owners in the preparation and issuing of invoices, statements, newsletters, regardless of the level of service received by each block. The administration charge needs to cover Shared Owners’ share of costs for staff salaries and overheads such as input from senior managers, performance monitoring, financial management, business systems, office facilities and equipment.

There are two types of administration charges: fixed and variable.

For example:

• Fixed charges include the above mentioned items.

• Variable charges include; services such as day-to-day repairs so that Shared Owners who receive these services are the only ones required to pay towards the management of them. In the case of day-to-day repair charges, these are included in the total block repairs summary that you receive.

EXTRA REFUSE COLLECTION

This charge is in respect of blocks that may receive more than one rubbish collection each week. Your Council Tax includes the cost of one collection per week, but where additional collections are required, Tenant and Leaseholders are required to pay for this.

As a Shared Owner, you are required to contribute towards this cost in accordance with your lease.

WHEN ARE MY SERVICE CHARGES DUE?

Your lease says you must pay your service charges quarterly in advance on 1 April,1 July, 1 October and 1 January each year. However, Havering Council does give Shared Owners the option to pay monthly by direct debit or standing order. For further details, please contact an Income Officer by telephoning 01708 433060, email leaseholdincome@havering.gov.uk or complete the online form at www.havering.gov.uk/askhousing

Service charges and payment options

HOW DO I PAY MY SERVICE CHARGES?

Please see options below:

Direct debit and standing order

You can pay by 12 monthly direct debit payments. If you choose to pay by direct debit you should note that payments will be taken from your Bank/ Building Society on or around the 1st, 15th and 25th of each month. Unfortunately, this date cannot be changed. Or

You can pay by 12 monthly standing order payments. If you choose to pay by standing order, you should note that payments will need to be set up to leave your account on the 1st of each month. Also you can set up standing orders weekly, fortnightly or four weekly if necessary.You can contact the Leasehold Income Team for further advice about these methods of payment on 01708 433060 or at leaseholdincome@havering.gov.uk

Debit/Credit Card

You can make payments using your debit /credit card by telephoning our automated 24 hour express payment line on 0300 456 0630 and using Option 2 ‘Housing Rents’. You will need to have your card and service charge account number to hand when using this service and amount you want to pay. Please note that using your credit card will incur a charge and you should check with your credit card company to see what the current charges are. Please make a note of the payment reference number for your future use.

Internet Banking

You can pay your service charges via internet banking using these details:

NatWest Bank

Romford Town Centre Branch South Street, Romford sort code 62 29 17 housing account no 14871890

(You must quote your FULL 14 digit service charge account reference number).

If you are in receipt of benefit, the Department of Works & Pensions may be able to give you some help with paying your service charges. You can contact them on 0800 731 7898. The Department of Works & Pensions will pay any entitlement to you direct and not to Havering Council. Therefore, you must ensure payments of your service charges are maintained.

If you are in receipt of Universal Credit please 0800 328 5644 to check if you are able to

Arrears

As a Shared Owner you are responsible for ensuring that your rent, service charges and ground rent (if applicable) are paid up to date and in accordance with the terms of your lease.

Havering Council considers non-payment of rent, service charges and ground rent (if applicable) a breach of the lease and will take appropriate action to recover any monies due. This can include forfeiture action leading to repossession of your property.

Alternatively, an application to the First Tier Tribunal could be made.

Should any of the above actions be necessary and legal costs are incurred by the Council, they will be passed on to you and added to any outstanding arrears on your service charge account.

If you are in debt or struggling financially, the best advice is to seek help, do not just ignore it. There are many different organisations that offer free, independent, impartial and confidential advice. They can help you deal with your debts, maximise your income, minimise your expenditure and offer reassurance.

If you are financially struggling with your service charges you may be able to claim assistance from Universal Credit, Pension Credit or Housing Benefit depending on your circumstances. Further information can be found via:

• Universal Credit website www.gov.uk/universal-credit

• Pension Credit website www.gov.uk/pension-credit/what-youll-get

• Housing Benefit from Havering www.Havering.gov.uk

We will make every effort to help you, but please don’t ignore your service charge bills – they will not go away!

INSURANCE CLAIMS WHILST IN ARREARS

If you need to make a claim on your building insurance policy, you will not be able to do so if your service charge account is in arrears.

Garages

Havering Council have several sites across the borough where garages can be rented weekly. Anyone can apply to rent a Council garage, not just council tenants and shared owners, though you must make sure your account is up-to-date and not in arrears to apply. Garages will only be offered for the purpose of storing a vehicle, you must provide proof of address, a current MOT and insurance certificate. Any garage offered will be in vicinity of your home, either 10 – 15 minutes or 1.5 miles. There may be a waiting list for popular locations.

Garage charges vary across the borough. We will let you know the exact charge should a garage become available to let. Private residents will be charged 20% VAT on their garage account. Direct Debit is the easiest way to pay for your garage charges. If your application is successful, we will ask you to complete a Direct Debit form when you sign up for the garage. You will be requested to pay in advance to ensure your account does not fall into arrears.

For more information, please contact garages@havering.gov.uk

Repairs and maintenance

This section gives you information about different aspects of repair and maintenance of your home. It gives you a guide to your responsibilities, and details the normal responsibilities of London Borough of Havering (LBH) as well as how you can report a repair.

There are special rules if your home is new, the defect period for new shared ownership developments is typically 12/24 months dependent on the scheme. This will start when the development has been completed and handed over to us not when you complete your purchase.

If the property is a house then the lease is fully repairing; this means that any repairs internally or externally to the property are to be carried out but you at your own cost unless it is within the defects period or under a warranty. You would need to contact your Home Ownership Officer to obtain confirmation. LBH will only be responsible for repairs to the estate; for example maintenance of estate roads and under croft car park, including external lighting. Shared Owners that reside in an apartment block are responsible for carrying out internal repairs and maintenance (i.e.. everything within the walls of your home), whilst the landlord (LBH) is responsible for carrying out external and structural work and will recharge you.

The types of repairs that LBH have responsibility for will include:

Roof repairs, maintenance of estate roads and under croft car park, including external lighting, communal window repairs and replacement, door entry systems, fire detection and preventative equipment, lifts, redecoration to common areas – internal and external.

Shared Owners on a development that has communal courtyards, gardens or parking spaces etc., will normally pay a service charge for the maintenance and upkeep of these areas.

LBH has the right to enter your home to make inspections or carry out repairs that we are responsible for. We will give you at least 48 hours’ notice in writing, unless there is an emergency.

In an emergency, LBH has the right under the terms of the lease to force entry into your property, for example, when there is a leak coming from your property at a rapid rate and we are unable to make contact with you. Any costs incurred as a result of this action will be recharged to you as the Shared Owner.

In the case of less severe leaks, if we receive a report that there is a leak coming from your property which is penetrating other properties, we will serve notice on you to remedy the problem within a certain time limit. We will also inform you that if the leak has not been remedied within the time stated, you will be required to arrange access for our contractor to enter the premises to fix the leak, and you will be recharged the cost of the works on your service charges this will include an administration fee and VAT.

REPORTING REPAIRS TO HAVERING COUNCIL

If you wish to report a repair that you think Housing Services is responsible for, you should telephone our contact centre on 01708 434000 or visit www.havering.gov.uk/askhousing to complete the online form.

If Housing Services is responsible for the repair it may be necessary for an inspection to be carried out before any works are raised.

In the unlikely event of a ‘landlord’s responsibility’ emergency occurring outside office hours between 5pm and 9am Monday to Friday and over the weekend call 01708 756699 and advise that you are a Shared Owner.

HOUSING SERVICES REPAIRS

Havering Council has a long-term agreement in place for the undertaking of repairs carried out to our blocks and estates.

Please remember, anyone working for Havering Council should carry identification. Always ask to see an identity card before letting anyone into your home.

Home Ownership will endeavour to issue details of repairs carried out to your block or estate on a twice yearly basis.

These lists are not a demand for payment, but merely giving you an opportunity to raise any concerns you might have regarding the quality or cost of the works. We will investigate your queries and provide you with a response before the costs are invoiced, with your actual service charge, which is sent out in August/September.

If you feel works have not been completed to a satisfactory standard, or if you have any issues with the contractor’s conduct, please go online to report this at www.havering.gov.uk/askhousing

Major works and long term contracts –Apartments Only

WHAT ARE MAJOR WORKS?

Major works includes things like window or roof renewal, installation of controlled entry systems and decorations to communal areas. You can only be charged for major works in accordance with your lease agreement, or where a decision has been made by the First Tier Tribunal.

Legislation under The Commonhold & Leasehold Reform Act 2002 Section 151 requires that the Shared Owner/ lessee must be consulted before the landlord carries out works above a certain value (£250 per property) or enters into a long-term agreement for the provision of services. The consultation process is carried out by issuing Section 20 notices, to which Shared Owners can raise observations.

Landlords must follow Section 151’s detailed regulations which set out the precise procedures landlords must follow. These regulations separate the consultation procedures into four schedules, each covering different contracts, some of which allow Shared Owners to nominate their own contractor.

Some contracts must to be advertised in the Official Journal of the European Union (OJEU) because the value of the contract exceeds a certain amount. In these circumstances Shared Owners do not have a right to nominate a contractor.

Once works have been completed and we receive the final costs, we will send you an invoice for your share of the full cost. We will include with the invoice a breakdown of how the cost has been attributed to your property along with a leaflet giving details of the payment options available. You should contact an Income Officer immediately on 01708 433060 or email leaseholdincome@havering.gov.uk to discuss how payment of the invoice is to be made, or visit www.havering.gov.uk/askhousing to complete the online form.

Please note charges are levied in accordance with the terms of your lease. Failure on your part to take action to clear the charges may result in legal action being taken against you, which could put your home at risk.

You will only be charged for major works where they have been carried out to your demised property block or estate.

Major works and long term contracts

MAJOR WORKS PAYMENT OPTIONS

We understand that receiving a large invoice for these works can be daunting and difficult to pay in one payment. Therefore, the Council offers a 1.5 per cent discount on the invoice as an incentive for immediate full repayment. However, the Council understands that, even with immediate repayment discount, not all Shared Owners are in a position to repay the invoice in one lump sum. Please see below the current options available, for further information on these options please contact the Income Officers on 01708 433060 or email leaseholdincome@ havering.gov.uk or use the online form at www.havering.gov.uk/askhousing

• Mandatory Service Charge Loan

• Discretionary instalment payment plans

WHAT IF I CAN’T PAY ANYTHING?

In cases of extreme financial hardship where you believe that you will be unable to enter into an instalment payment plan or obtain a loan from a third party lender, the Council may consider a request to lodge a voluntary charge over your property which will entitle the Council to recover the charge and interest on the sale of the property. The rate of interest on the charge shall be determined by the Council acting reasonably and recorded in writing.

The Council will require all applicants to complete an income and expenditure report and provide all other documents that the Council reasonably requires to assess the applicant’s financial circumstances.

IMPORTANT NOTICE

Your home is at risk if you do not keep up repayments on a service charge loan or an instalment payment plan. Be sure you can afford the repayments before entering into any such agreement.

You should also bear in mind that a service charge loan or an instalment plan with us may not always be the best option for you because you may be able to get a lower rate of interest somewhere else. The Council’s interest rate is variable.

NEED ADVICE – DON’T MISS OUT

Financial Advice

If you are in debt or struggling financially, the best advice is to seek help, do not just ignore it. There are many different organisations that offer free, independent, impartial and confidential advice. They can help you deal with your debts, maximise your income, minimise your expenditure and offer reassurance.

If you are financially struggling with your service charges you may be able to claim assistance from Universal Credit, Pension Credit or Housing Benefit depending on your circumstances. Further information can be found via: Universal Credit website www.gov.uk/universal-credit

Pension Credit website www.gov.uk/pension-credit/what-youll-get Housing Benefit from Havering www.Havering.gov.uk

Citizens Advice Havering

Citizens Advice Havering runs drop-in sessions providing free, independent, confidential and impartial advice on a wide range of subjects including debt, employment and benefits to people living or working in LBH. Please contact them on 0300 3302179

Disablement Association of Barking and Dagenham (DABD) has financial capability coaches who can provide free confidential guidance on finding funds to help with major works invoices. They can also carry out free benefit checks to ensure you are not missing out on other benefits that may be due to you. DABD is an independent organisation who can help you by completing any necessary paperwork and, if appropriate, refer you to other services that may be able to help.

If you are in receipt of benefits, contact the Income Officers on 01708 433060 or email leaseholdincome@havering.gov.uk or complete the online form at www.havering.gov.uk/askhousing for further information.

Gas servicing

Under the terms of the lease, it is the Shared Owner’s responsibility to ensure that all gas appliances in their property are serviced on an annual basis. The inspection must be carried out by a qualified Gas Safe registered engineer and a copy of the Gas Safe Certificate forwarded to the Home Ownership team.

If you do not comply with this regulation, you are ultimately in breach of your Lease and appropriate action will be taken against you.

Once you have completed the purchase of your property to 100% ownership via the purchase of additional shares (staircasing), then you can sublet your leasehold property. You will then have to issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenant before they move in.

Failure to comply with these obligations could result in legal action being taken against you by the Health & Safety Executive (HSE).

For further information, please visit the HSE website at www.hse.gov.uk Remember: If you don’t have your annual gas safety check, you will be breaking the law and putting lives at risk.

You are also required to ensure details of your current mailing address and contact telephone numbers are provided in writing to the Home Ownership team.

What work needs the landlord’s permission?

You need our permission (Landlord’s consent) for any work to the structure of your home. This includes:

• Removal of internal building walls

• Changing front doors or windows

• Re-siting or installation of gas meter

• Construction of driveways

• Installation of new boiler/heating system.

In principle, installations of new bathrooms and kitchens do not need the Council’s permission, unless existing pipework needs to be moved. Therefore, you should in the first instance notify the Council if you are considering either of these alterations.

We are currently reviewing our procedures in respect of renewing windows and doors please contact the Home Ownership team for further information.

Before you carry out any structural alterations or additions to your home, your first step should be to contact the Home Ownership team on 01708 434000 or email homeownership@havering.gov.uk

Once the Home Ownership team confirms consent is required, you will need to submit your request in writing and include full details of the works you wish to carry out along with any relevant plans, specifications, method statements, FENSA/NICEIC Certificates of the company you intend to use.

In addition, confirmation must be sought from the contractor you intend to use that adequate public liability Insurance is in place.

There is a fee payable for this service, details of which can be obtained by contacting the Home Ownership team. It may be necessary for one of our inspectors to visit the property to clarify any aspect of the works you wish to complete.

Landlords consent will not be granted for the following:

• Erection of conservatories, porches, extensions or car ports

• Disconnecting from a communal heating system

• Loft conversions

• Removing chimney breasts.

Permission will not be granted for any work within the loft space - this includes loft conversions. Generally, the loft space is not included in the sale of flats or maisonettes. Therefore, Shared Owners should not enter or store belongings in the loft space.

If you have installed a boiler within the loft space, you must re-site this immediately.

Failure to adhere to any of the above is a breach of the lease and could result in legal action being taken against you for which you may incur legal costs. You may also be required to reinstate the property to its original layout/ condition in accordance with the demised premises as described in your lease.

If consent is given you may still need to:

• Obtain relevant planning or building regulations

• Apply the rules of the statutory authorities such as gas, water and electricity companies

• Keep to any conditions we set out when giving permission.

It is your responsibility to ensure all regulations are complied with. Please note; additional charges will apply if the above consents are required.

Important note, once you have received consent make sure you keep the document in a safe place. You may need to produce this at a later date, in particular if you are selling the property.

UNAUTHORISED ALTERATIONS

If any unauthorised works are completed to the property/building this is a breach of the lease and could result in legal action being taken against you for which you may incur legal costs. You may also be required to reinstate the property to its original layout/condition in accordance with the demised premises as described in your lease.

Selling your home

DO I NEED PERMISSION TO SELL MY HOME?

As a Shared Owner, you may wish to buy additional shares of the equity of the property. This is known as ‘staircasing’.

This part of the handbook outlines what you must do and who at London Borough of Havering (LBH) to contact. If you have purchased a new home directly from LBH on a shared ownership basis and you have lived in your property for a year, you have the option of buying a further share or buying the freehold of a house and the leasehold of an apartment.

If you bought your home from another shared owner you do not have to wait a year. If you choose to “staircase” it is normally done in multiples of a minimum 10%, if you are able to afford it you can eventually purchase your home outright. You should check your lease before doing this. If you are still in doubt please contact the Home Ownership team via email at homeownership@havering.gov.uk or if you would like to speak with an Officer direct you can call 01708 433015.

To start the staircasing process you should, in the first instance write to the Home Ownership team stating that you wish to purchase an additional share of your Shared Ownership home. The Home Ownership Officer will write to you attaching the staircasing valuation request form that you will need to return and must be signed by all parties to the shared ownership lease.

The preliminary procedure you will need to follow is as listed below:-

You will need to contact an Independent Financial Advisor (IFA) to ascertain whether you will be able to afford the additional shares you wish to purchase.

Research property websites i.e. Zoopla or Right Move to find comparable for properties within your area.

Complete the staircasing valuation request form and return it to the Home Ownership team by email to homeownership@havering.gov.uk.

The valuation will be carried out by an independent valuer instructed by the seller and the cost of the valuation will be borne by the Shared Owner/s.

If you have completed improvements and added value to your home (not all improvements will do this), they will disregarded from the valuation. The purchase price of your additional shares therefore will not include any increase in value caused by the works you have had carried out. NOTE: it is a breach of the lease to carry out works to the property without obtaining landlords consent. If this has been completed then you may be asked to return the property to its original state.

The valuation will be valid for 3 months, and if you do not complete the transaction in this time, the property will have to be revalued and any additional costs will be borne by the Shared Owner/s.

If you are increasing your mortgage to staircase, you will need to contact your lender direct to organise the additional borrowing. This is known as ‘further advance’.

An increase in the shares of the property will involve changes to your existing lease. This will mean that you will need to instruct a solicitor.

The costs involved in purchasing further shares in the property, legal fees, mortgage arrangement fees, stamp duty (if applicable), and any other associated costs applicable. There may also be further costs, charged by your mortgage lender. You will need to ensure you have savings or access to funds to cover these costs.

If you purchase up to 100% you will no longer pay the LBH any rent. However, you will still be liable for service charges.

If you are in arrears with your rent and/or service charges, you must clear the arrears on completion. LBH have provided you with guidelines as above, however the above list is not exhaustive, and can be changed in accordance with the lease.

As you purchase additional shares in your home, then the rent that you pay to LBH will reduce, although of course your mortgage repayments will increase as will your ground rent (where applicable) if your property is in a block. Once you have purchased your home outright you will no longer be required to pay rent at all. You may still have to pay ground rent (where applicable) and service charges if your property is an apartment and service charges if a house.

Selling your home

SELLING YOUR SHARES OF YOUR HOME?

If you are a Shared Owner you will be required to give LBH the opportunity to find a shared ownership purchaser for you. You may sell any time. This is known as an “assignment”. According to the terms of your lease you must normally allow LBH the opportunity to find a purchaser from our waiting list.

(We do, however, have a time limit to find a suitable nominee. This will be detailed in your lease and in most cases is a period of 8 weeks from the date of receipt of your written notice).

If we fail to find a purchaser for you within that period, you will be free to sell your share on the open market. The sale price is based on a valuation that is carried out by an independent valuer instructed by the LBH. This will be arranged by LBH but at your own expense. Should you wish to sell your home you must first contact the Home Ownership team who will send you a letter asking for your payment to cover the cost of the valuation. On receipt of your payment, we will instruct the valuer to carry out a valuation by prior appointment with you. The valuer will forward a report to us and we will then write to you to explain how much your share is worth. You cannot sell your property at a higher price than the valuation.

LBH has the right to nominate a purchaser. Should you wish to proceed with the sale, you must sign and return a declaration that you agree to pay our administration costs. These costs will be determined by the lease, and will either be 1.25% of the value of the share or our reasonable costs. Any suitable nominees will then be selected from our waiting list and a letter sent, asking them to contact you if interested.

AGREEING A BUYER

Should a nominee be interested, appointment times will be arranged with you. If you decide to proceed we will prioritise the applicants according to our Shared Ownership sales allocation policy.

LBH will also notify our own solicitors. Completion of the assignment will take a minimum of 12 weeks. Please remember that your purchaser has to go through all the stages you went through when you first purchased the property. When the purchaser has a mortgage offer and has signed the agreement to buy, you will be contacted by your solicitor to sign your part of the Agreement. At this point, LBH will have to sign a “Consent to Assign” which gives permission for you to sell your home to the purchaser. When the solicitors have all the agreements and a deposit from the purchaser you will exchange contracts (i.e. make the sale legally binding) and set a date for completion. The purchaser’s solicitor will then send the purchase price, less any deposit previously paid to your solicitor. Once this money is received the sale is complete and possession is passed from you to the purchaser. You will be required to vacate the property as soon as it completes, the latest time is 2pm; however this will be confirmed on your contract and also confirmed by your solicitors. Please note that if you are in arrears of rent and/or service charges, or other charges, completion must not take place unless the arrears are cleared as part of the completion of the sale.

WILL I NEED TO OBTAIN ANY INFORMATION FROM HAVERING COUNCIL?

If you are selling your shares on the open market the person buying your property may want details of the service charges, rent and ground rent as well as any works that have recently been carried out or are planned for the future if the property is an apartment.

Your solicitor should write to us asking for our resale pack. There is a fee for this service and your solicitor should contact the Home Ownership team for details. The fee must be paid by your solicitor before we can process their

request. Information will be provided within 10 working days of receipt of the fee and consent form.

NB: Please ensure your solicitor requests any information required at the earliest possible opportunity. We cannot guarantee that requests made at short notice will be processed in less than corporate timescales.

Havering Council will not enter into any correspondence with anyone other than the Shared Owners or their legal representatives. We will not deal directly with any prospective purchaser or their solicitor.

DO I NEED TO NOTIFY HAVERING COUNCIL ONCE THE PROPERTY IS SOLD?

If the property is sold on the open market it is the new Shared Owners’ responsibility to notify the Home Ownership team of the transfer of ownership. This must be done within 21 days of completion. Our records cannot be amended to reflect the change of ownership until the official Notice of Assignment and appropriate fee(s) have been received by the Home Ownership team from your solicitors. Failure to do so is a breach of the lease agreement and could affect your building insurance cover. If the property has been sold to a nominated buyer then the Sales and Marketing team will advise LBH of the new owners and request the Notice of Assignment from the solicitors.

Letting your home

Under the terms and conditions of your lease you are NOT permitted to sublet all or part of the property. This means you are not permitted to let the property or a room to anyone.

DO I NEED HAVERING COUNCIL’S PERMISSION TO LET MY APARTMENT/HOUSE?

Once you have completed the final staircasing then you will need to request permission to sublet your house or apartment, there will be a fee for this. Please contact your Home Ownership Officer to request further information. As the Owner of the property you have an obligation under the terms and conditions of the lease or transfer document to notify the Council of any change in circumstances.

If the property is sublet your building insurance may be affected. Failure to notify us may result in loss of insurance cover if the property is an apartment/house. We will need a copy of the tenancy agreement. This will be required each time the agreement is renewed, there is a fee payable for this also.

You should notify the Home Ownership team in writing, providing details of your correspondence address, emergency contact telephone numbers and a copy of the current gas safety certificate as well as an electrical certificate.

Remember you are still the owner of the property and therefore responsible for the service charges. Your tenants must abide by the terms of the lease or transfer document. If they do not, we may take action against you as the owner of the property.

You should also contact your mortgage lender if you wish to sublet your property to check that the terms of your mortgage will allow this.

You can only let your property as a private residential apartment for the occupation of one family only.

The lease and transfer will state that the lessee should not… ‘Use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private residential apartment/house in the occupation of one family’.

You are not allowed to use the demised premises as a HMO (Homes in Multiple Occupation) or for running a business. You may work from home if you are a hybrid worker but your lease also states that the property must not be used for any purpose from which a nuisance can arise to the lessors or to the lessees or occupiers of the other apartments nor for any illegal or immoral purpose. Legal action may be taken against you if this is found to be the case.

Car Parking

Please ensure that you are aware of the rights that you and your visitors have to use parking spaces on your estate. Some properties are sold with rights to a particular parking space and you should only use another space if you have the agreement of the relevant owner.

You should comply with any parking regulations/restrictions on the estate and abide by any by laws that apply. You or your visitors should not park in a manner that causes a nuisance or annoyance to anyone. Cars should always be taxed and in roadworthy condition.

Permission is not normally given for the parking of any commercial vehicles or caravans on the estate.

Certain locations will require a parking license and there are chargeable fees associated. For further information please speak to

Harassment and nuisance

Your lease states that you must not do anything within your apartment/house, building or estate that could cause a nuisance, annoyance or damage to other residents or Havering Council. This applies to everyone living in your property and any visitors.

Examples of nuisance are:

• Loud and frequent playing of music, radio or television

• Noisy parties

• Other loud noise such as vacuum cleaning, hammering or arguments during unsociable hours

• Harassment of neighbours

• Uncontrolled animals

• Blocking shared areas in the building or on the estate

• Excessive noise due to unsuitable floor covering e.g. laminate.

Any audio capable devices such as; TVs, radio, computer, mobiles etc. should only be played at a level that does not disturb your neighbours.

You must take all reasonable precautions to avoid noise nuisance of any kind, including the adequate sound insulation where wooden/laminated flooring has been fitted.

If you are found to be causing a nuisance or harassment, Havering Council can take legal action against you.

WHO DO I REPORT HARASSMENT OR NUISANCE TO?

If you are suffering harassment or nuisance, you must contact Havering Council at www.havering.gov.uk/askhousing to complete an online form, or telephone our contact centre on 01708 434000. Officers will investigate your complaint and take appropriate action where necessary.

Pets

DO I NEED PERMISSION TO KEEP A PET?

Yes, if you wish to keep a pet, you must first seek permission from Havering Council as stated in your lease. To obtain permission you must submit your request in writing to the Home Ownership Team. If permission is granted, your pet must be kept under control at all times.

Failure to do so may result in legal action being taken against you.

Resident engagement

In Havering your Housing Service is a partnership between residents and staff. We strongly encourage all our residents to get involved. This can mean helping shape services and/or using our community development services.

WHAT ARE THE AIMS OF RESIDENT ENGAGEMENT?

The Housing Resident Engagement Team aims to enable residents to actively participate in and influence the development of high quality housing services, build good community spirit and get life changing skills through:

• Scrutinising homes and housing performance

• Consulting on new ideas

• Structured meaningful consultation

• Encouraging volunteering in the community

• Arranging seasonal activities for residents in the borough

• Bespoke activities for sheltered schemes and hostel accommodation

HERE ARE SOME OF THE WAYS YOU CAN GET INVOLVED

Service specific focus groups

These groups are formed when there is a specific service that needs to be reviewed or monitored. These include the Participation Panel, Community Representatives Panel, Sheltered Housing Group, and ad hoc sub-groups. Meetings are also held in regeneration areas for residents.

Events

Housing Services hold various events across the borough throughout the year. Check in our newsletter, At the Heart, to find out what is going on.

Community estate days

The Resident Engagement Team plan and put on fun days and other activities in areas across the borough. Why don’t you go along to an event and support them?

Youth activities

Housing Services is keen to put on activities for our younger residents especially during the school holidays. Previous projects have included football coaching, netball, music, drama and a healthy food project.

Befriender service

Age UK recruit volunteers to become befrienders and befriender pushers. The basic befriender will meet with residents and help tackle isolation by either running light errands, speaking to the resident and signposting extra services. Age UK will offer a support network and training.

Partnership working

We work closely with Age UK, Havering Volunteer Centre, Peabody, Regeneration Partners - among others - to organise additional activities for residents in the borough.

Employment and training programme

Havering Works is an innovative employment and skills service, provided by London Borough of Havering. It offers free support for local residents looking to get back to work or explore future career opportunities. Want some more information about how we can help you? Please get in touch with us via email at havering.works@havering.gov.uk or call the team on 01708 434456.

Tenant Management Organisations (TMOs)

Tenant Management Organisations are a group of residents that live in a specific area and wish to manage services provided by Housing Services. Establishing a TMO is completed with full consultation and support from residents in the area, working with officers, external support agencies and training.

For more information of any of the above please contact the Resident Engagement Team on 01708 434000 or email getinvolved@havering.gov.uk

Leaseholder and Shared Owner forum

WHAT IS THE LEASEHOLDER AND SHARED OWNER FORUM?

The Leaseholder and Shared Owner focus group has been in operation since July 2002. The group works in conjunction with the Home Ownership team and meets on a quarterly basis. The meeting is led by the Chair and Vice Chair, who are Havering leaseholders.

The purpose of the forum is to discuss and review the way information is provided to Leaseholders and Shared Owners in respect of services provided, service charges and procedures and to discuss any concerns raised by others who are unable to attend these meetings.

Since the group was formed in 2002, we have worked alongside the group and listened to their concerns about the way our service is delivered.

Examples of where changes have been made are shown below:

• Information supplied to leaseholders about their estimated service charges and actual expenditure incurred

• New payment options for major works

• A new regulation added to the lease requesting gas safety certificate to be provided by leaseholders on an annual basis

• Repair notices are now issued on a half yearly basis

• A review of the information provided in respect of ‘Resale’ enquiries has been made.

We are always looking for new members to join us, as we are keen to obtain views from Shared Owners across the borough. If you are interested in joining the group, please contact the Home Ownership team on 01708 434000 or by emailing us at homeownership@havering.gov.uk

Customer care statement

Housing Services is committed to providing a good quality, professional service and we promise to continue to improve the way in which we deal with your enquiries.

• Our aim is to provide clear information on services available

• Staff will be friendly, polite and well trained and will always wear a name badge when they are talking to you

• Letters will be answered, or acknowledged, politely, helpfully and in plain English within 10 working days. If an acknowledgement is sent, a full response will follow within 15 working days

• A translation will be provided if you ask for one

• Staff will answer the telephone and will be polite, helpful and give their names

• We will take a message and return your call within 1 working day if the person requested is not available

• If an officer is 15 minutes late on a planned appointment, they will contact you to inform you

• Pre-arranged appointments will be kept or you will be told beforehand if this is not possible

• You should leave the office knowing what action will be taken. If you want, you will get written confirmation of any decision

• If you are reporting a repair, staff will let you know either the pre-inspection arrangements or when the repair will be done. You will also be given a personal reference number relating to your report

• Private rooms will be provided for interviews whenever possible

• Tenants will be consulted and their views considered on proposed changes to the services provided for them

• Anyone who is not happy with the service they receive can discuss the matter with staff. If you are still not satisfied, you will be told about the Council’s Complaints Procedure. Please see the complaints section of this handbook for details of the Council’s Complaints Procedure.

Fire safety at home

Housing Services takes your safety very seriously and carries out regular fire safety checks on its properties. Details of how you can help keep yourself, your family and your neighbours safe from fire can be found in the “Housing Services factsheet - fire safety in your home” which is included in your Welcome Pack information.

If you live in sheltered housing there is an additional “Housing Services factsheet – fire safety in sheltered housing” which your Scheme Officer will discuss with you. More information is available at www.havering.gov.uk/FireSafety.

KEEPING SAFE IN YOUR HOME

As a council, we are doing all that we can to keep our residents safe from fire, but you can help too by following this advice:

• make sure you have at least one working smoke alarm per floor in your home

• keep balconies free from clutter - don’t leave rubbish or bikes in communal areas or obstruct escape routes

• make sure you know where your nearest fire exit is

• do not smoke in common areas of the block

• always fully extinguish cigarettes smoked in your home and dispose of them carefully and safely

• close internal doors at night to prevent fire from spreading

• make sure to have gas appliances safety checked

• residents should not make changes to the property which could be a fire risk

• not to tamper with firefighting equipment & alarms

Remember, if there is a fire in your home:

• never use a lift

• do not try to fight the fire yourself

• call 999 from any phone

Your environment

Residents can dispose of rubbish and bulky waste items in the following ways:

Houses

Black rubbish bags and orange recycling sacks should be stored within the boundary of your property. These then should be presented for collection by 7am at the boundary nearest the pavement on your weekly scheduled collection day. Please visit www.havering.gov.uk/collections

Apartments

Do not store waste in corridors or any other communal areas apart from the designated waste storage area. Waste should be placed into the bins provided and any lids shut where possible. Waste should not block any doorways or access routes including within and outside of the waste storage areas. If you have concerns that there is not enough waste storage please contact your Housing Estates Officer.

Bulky waste

Large/bulky waste items are not collected as part of the regular household waste collection service therefore alternative arrangements for removal must be made. The Council offers a chargeable bulky waste collection service, full details can be found at www.havering.gov.uk/bulkywaste.

Alternatively, large waste items along with any excess waste can be taken to the Gerpins Lane Recycling Centre, further details can be found at www.eastlondonwaste.gov.uk/gerpins-lane

Garden waste

With our garden waste service you can order one or more 240-litre wheeled green bins to put your garden waste into.

Garden waste is collected every other week (except two weeks over Christmas) and disposed of for a fee per year. You sign up to the service with an annual contract and we send contract renewal letters and emails with your contract details (reference number and charges) normally from the first week of March, over a several week period, each year.

The garden waste contract runs from 1 April to 31 March the following year, further details of the services offered can be found at https://www.havering.gov.uk/info/20003/rubbish_and_recycling or you can call us on 01708 431717 (Monday to Friday 9am - 5pm).

Compostable sack services

We provide a sack service with 50 compostable sacks to put your garden waste into. Contracts are for one calendar year from the date of subscription. We collect the garden waste sacks every other week and dispose of it for an annual fee. To subscribe or renew for this service please call 01708 432563 (Monday to Friday 9am to 5pm).

Orange recycling bags

Havering Council provide orange sacks for general weekly recycling collection.

If you live in a apartment/house with a sack collection, then your sacks will be collected together at the same time, but placed into separate compartments on the waste collection vehicle.

If you live in a flat with communal rubbish and recycling bins, these will be collected separately. Please ensure that recycling (orange) and rubbish (black) are placed into the correct bins, which are clearly marked.

If you live in a house, please leave your orange sacks on the floor, just inside your property boundary nearest the pavement before 7am on your refuse collection day.

It is important that sacks are placed on the boundary of your property and not grouped together with other residents’ waste and/or on grass verges, by a post or on the public highway (including footpaths).

Please do not leave sacks on top of walls or bins as this can lead to them snagging and spilling during collection and pose a safety hazard to our crew.

INCORRECT DISPOSAL OF WASTE

If your waste is not disposed of correctly – for example, by being left in the wrong place at the wrong time – you can receive a fixed penalty fine. In a Magistrates Court the fine can be increased to a maximum of £5,000.

Fly-tippers who dump waste, can face fines of up to £50,000 in a Magistrates Court or an unlimited fine at a Crown Court.

Don’t risk these penalties – please dispose of your waste properly!

If you are reporting dumped rubbish that poses an immediate danger between 5pm and 9am on weekdays, or at weekends, please report via the Havering website or call our ‘out of hours’ emergency line01708 433999.

Compliments and complaints

WHEN THINGS GO RIGHT – HOW TO MAKE A COMPLIMENT

Like everyone, we like to be told what we’re doing well. We would like to hear from you if you are happy with the service you’ve received from us. We appreciate your comments and can use them to see what areas we are performing well in. We can then repeat this performance elsewhere in our services and continue to improve the services provided.

If you are happy with our service you can complete the online compliment form at www.havering.gov.uk/compliments

WHEN THINGS GO WRONG – HOW TO MAKE A COMPLAINT

We always try to get things right first time but we realise this doesn’t always happen. We take all complaints seriously and believe that we can learn from our mistakes to improve our service in the future.

Please talk to us if you are unhappy with any of our services. You should first contact the staff member who provided the service. They may be able to sort out the problem straight away.

If you are still not happy, you can complete the online complaints form at www.havering.gov.uk/complaints

COMPLAINTS PROCEDURE

There are three stages to the Council’s complaints procedure. The Council encourages any customer who has a problem with a service they receive, due to a failure in the service, to report it.

The Council will seek to resolve complaints at the earliest opportunity. Where possible, every attempt will be made to deal with the issues quickly.

Full details can be found in our Corporate complaints policy document on our website www.havering.gov.uk. Some complaints received by the Council have to be dealt with under a statutory process and will not follow the Corporate Complaints Procedure set out below.

STAGE ONE

The Council will nominate an appropriate officer to respond to the complaint. All Stage 1 complaints should be acknowledged within 3 working days and a full written reply sent within 10 working days.

STAGE TWO

If you, as the Customer, are dissatisfied with the outcome of the Stage 1 investigation, you can request the Council to arrange for the complaint to be reviewed by the Chief Executive, who will decide whether the matter is to be escalated to Stage 2. A request should be made through the online form stating clearly why you are unhappy with the Stage 1 response received.

The request should be acknowledged within 3 working days and a full written reply sent within 25 working days.

STAGE THREE

If you, as the Customer, are dissatisfied with the outcome of the Stage 2 investigation, you can request the Council to arrange for the complaint to be reviewed by Members of the Adjudication and Review Committee. A Stage 3 form should be completed, which you can request from your Stage 2 complaint investigator.

If your complaint progresses to Stage 3, a Member Review Panel will be convened to consider your case. The matter will be dealt with informally initially. You will not be required to attend the meeting unless the complaint progresses to a formal hearing. You will learn the outcome of your Stage 3 complaint within 30 working days.

You will be told when you have exhausted the Council’s complaints procedure. If you are still unhappy with the response received, you may want to ask either the Local Government and Social Care Ombudsman, or the Housing Ombudsman to consider your complaint.

Housing tribunal

In addition to the Housing Complaints service, Shared Owners also have recourse to a housing tribunal service.

FIRST TIER TRIBUNAL

The First Tier Tribunal can hear cases about issues such as:

• The reasonableness of service charges (including major works)

• Insurance cover or premiums

• Appointment of a manager (where the landlord’s management of a building is unsatisfactory)

• Variations of leases and breach of leases.

The Tribunal’s practice and procedure is governed by the overriding objective which sets out a framework for how it must conduct itself. This objective is to enable the tribunal to deal with cases fairly and justly and this includes:

• Dealing with a case in ways proportionate to its importance, the complexity of the issues, the anticipated costs and the resources of the parties and of the tribunal

• Avoiding unnecessary formality and seeking flexibility in the proceedings

• Ensuring, so far as practicable, that the parties are able to take part fully in the proceedings

• Using any special expertise of the tribunal effectively; and

• Avoiding delay, so far as is compatible with proper consideration of the issues.

First Tier Tribunals are independent and impartial. They normally consist of three members: a lawyer, a valuer and a lay person.

Proceedings at the tribunal are semi- formal. Neither side is required to be represented by a barrister, solicitor or valuer. A representative (whether legally qualified or not) can be appointed by a party to represent them in the proceedings subject to written notice of appointment (that is; the representative’s name and address) being given to the tribunal and the other parties. At a hearing a party may be accompanied by another person whose details need not have been given to the tribunal but who, with the tribunal’s permission, may act as a representative or otherwise help in preparing the party’s case at the hearing.

Indeed, parties appearing before a tribunal may wish to seek professional advice, and it is sensible to arrange legal representation if the argument relates to the interpretation of the law or the terms of the lease.

If you choose not to be legally represented you must remember that you will be responsible for presenting your own case, including arguments and evidence, and that the evidence should be presented clearly and concisely and be confined to the matter in dispute.

The tribunal hears both sides of the argument and then determines the issue on the basis of the evidence and the judgment and experience of the tribunal members. Their decision can be given orally at the hearing and in any event the tribunal must as soon as reasonably practicable after making its decision provide to each party a notice stating its decision along with written reasons for the decision.

The First Tier Tribunal can also grant landlords dispensation if works are considered urgent and the normal Section 20 process cannot be adhered to.

A set fee is payable by the applicants. Once the First Tier Tribunal has made a determination they cannot award costs. They can however, make an order requiring full or part refund of the fee.

Applicants in receipt of some benefits may be exempt from payment of the fee.

You can contact the First Tier Tribunal at Whittington House, 10 Alfred Place, London, WC1E 7LR or on 020 7446 7700 or visit their website at www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber

Equal opportunities

We have a legal obligation to comply with all current equal opportunities legislation.

Havering Council is committed to achieving equal opportunities. We respect and value diversity and are committed to applying equality of opportunity in all our practices and service delivery with regard to: ethnic origin, age, gender, religion or belief, sexual orientation, marital status and disability or any other criterion not relevant to the point at issue.

STATEMENT OF EQUAL OPPORTUNITIES

We are committed to equality of opportunity and will:

• Monitor the effectiveness of housing policies, procedures and systems to ensure fairness and equality of opportunity in the provision of housing services

• Collect information which will help us monitor our progress towards improving equal opportunities

• Regularly review policies and procedures to ensure we continue to treat everyone equally

• Deal quickly and in a firm yet sensitive way with all forms of harassment of or by tenants, employees or agents of the Council. The Council will not take action without consulting the person being harassed

• Take positive action to meet identified needs in relation to housing

• Comply with legal obligations and actively promote best practice in equal opportunities

Data protection statement

Havering Council takes personal privacy matters very seriously and will never share the individual’s personal data without their prior knowledge, unless required to do so by law.

All information given by residents in relation to this policy will be treated as strictly confidential and will not be discussed with third parties without their permission with the exception of agencies with which the Council has an information sharing protocol.

The Council will comply with the requirements of the data protection act and ensure that all personal information will be kept confidential and treated with respect at all times.

For full details about how the Council protects personal data, please visit www.havering.gov.uk/gdpr

Useful contacts

Contact Centre Repairs

Housing Emergencies Repairs

Home Ownership team

Leasehold Income team

Housing & Council Tax Benefits

Universal Credit (DWP)

Welfare Reform

Resident Engagement

Shared Ownership

Right To Buy

Garages

Capital Projects

Anti-social Behaviour

Electoral Registration

Environmental Health

Gerpin’s Lane Recycling Centre

Insurance Section

Social Services Call Centre

Havering Streetcare

9am to 5pm Monday to Friday

T. 01708 434000 or Freephone 0800 151 3444

Text phone 01708 433399 (for deaf or hard of hearing people) www.havering.gov.uk/askhousing

T: 01708 434000

Outside normal office hours

T: 01708 434000

E: homeownership@havering.gov.uk

T: 01708 434000

E: leaseholdincome@havering.gov.uk

T: 01708 433060

T: 01708 43 3996

T: 0800 328 5644

E: welfare.reforms@havering.gov.uk

T: 01708 43 2537

E: getinvolved@havering.gov.uk

T: 01708 43 4343

E: sharedownership@havering.gov.uk

T: 01708 434000

E: righttobuy@havering.gov.uk

T: 01708 434000

E: garages@havering.gov.uk

T: 01708 43 4343

E: capitalprojects@havering.gov.uk

T: 01708 43 4343

T: 01708 43 4000 01708 726685 (after 5pm weekdays and weekends)

E: elections@havering.gov.uk

T: 01708 434343

T: 01708 432777

T: 0800 3899918

T: 01708 432369

T: 01708 432000

T: 01708 432563

Our latest offer at New Green, Rainham , a stunning collection of 71 one, two and three bedroom apartments are available to buy through Shared Ownership.

To find out more about shared ownership opportunities to help Havering residents get on the property ladder, please visit www.havering.gov.uk/sharedownership

All information contained within this handbook is correct at the time of publication (February 2023) but is subject to change.