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Right to Acquire for Leaseholders

Company Rights and Responsibilities 

This is written for customers of Futures Housing Group, which consists of Futures Homescape Ltd, Futures Homeway Ltd (formerly Daventry & District Housing) and Five Doorways Homes Ltd. All references to “The Company” refers to all companies in Futures Housing Group.

Repairs

The Company will be responsible for repairing the structure and outside of your flat, including shared areas such as entrance hall, stairs etc.

Consultation

The Company has to by law consult with leaseholders about any major works of repair or improvements to your block which are likely to cost more than £250 per leaseholder.  Failure to do so will result in any excess amounts above £250 payable by the Company. The Company also has to by law consult with leaseholders when entering into long term contracts for the provisions of services to your block which will cost the more than £100 per leaseholder. There are circumstances where the responsibility to consult can be waived, such as emergency situations.

Leaseholder Rights and Responsibilities

Consultation about changes to your lease

The Company must consult you about any changes to your lease. No changes can be made without your written agreement.

If your lease states that other leases in the area will be on similar terms, any change needs the agreement of all the leaseholders. If agreement cannot be obtained then the changes can only be imposed upon you by a First-Tier Tribunal.

Your right to stay in your home

You have the right to stay in your home as long as you keep to the terms set out in the lease and pay all charges due.

The Company will make every effort to help you stay in your home, but can apply to the Courts to have your home taken from you if you fail to pay service charges and/or ground rent, or knowingly made a false statement when you applied for the lease.

Antisocial Behaviour/Neighbour Nuisance

The Company policies and procedures for dealing with antisocial behaviour and neighbour nuisance apply to both leaseholders and tenants.

Debt Advice

The Company policies and procedures for dealing with tenants/leaseholders who get in to financial difficulties apply to both leaseholders and tenants.

Service Charges

Your lease will state whether you will be charged for services and how they are calculated. The services charges that may be charged to you are:-

  • External repairs
  • Maintenance
  • Improvements
  • Warden services in supported housing
  • Gardening
  • Insurance of the Building
  • Management costs

The above costs would be shared equally between all residents within the block.

For the first five years the costs are estimated and cannot be changed until after this period and only by means of consultation.

The Company policy is to charge service charges on a quarterly basis.

If you believe that the service charge is unreasonable then you have a right to refer it to the Leasehold Valuation Tribunal.

Your Repair and Maintenance Rights

You are responsible for repairing and maintaining the inside of your home.

Your Right to be Consulted about Major Works

Where there are plans for major works to be carried out to your home, you will be consulted regarding the extent of the work and will be given opportunity to express your views to the company. You will also be liable to pay a percentage of these costs and a right to comment on the work, contractor’s costs etc.

Your Right to make Improvements

Your lease will outline what improvements you can and cannot make to your home. You are strongly advised to ask permission in writing from the Company before you carry out any works.

Your Right to Buy the Freehold

You may be able to buy the freehold of the property. The rules governing this are very complex and we recommend you take your own independent legal advice to see if you have this right. This process is known as leasehold enfranchisement.

Selling Your Part of the Lease

You can sell your lease to any buyer. However, it is important that you inform the company when the sale takes place and the name(s) of the new leaseholder(s), correspondence addresses etc to ensure that you are no longer charged services charges after the sale.

Complaints Policy

The Company’s policies and procedures for handling complaints apply to leaseholders.

Arrears Policy

The Company has policies and procedures for ensuring that leaseholders and tenants maintain payments due on their homes

Planned Maintenance

The Company surveys its homes and has a rolling improvement/modernisation programme to keep homes up to the decent home standard.

Sinking Funds

These are funds which can be collected from the leaseholder to allow sums of money to build up in order to pay for large or infrequent items of expenditure. For example roof replacement/refurbishment, lift replacements etc.  The funds are collected as part of the service charges. The company does not propose to collect sinking funds but only charge leaseholders when the works arise.

Useful Contacts

Futures Housing Group
Asher House
Asher Lane Business Park
Ripley
Derbyshire
DE5 3SW

Email: enquiries@futureshg.co.uk

https://www.gov.uk/government/publications/residential-long-leaseholders-a-guide-to-your-rights-and-responsibilities

https://www.gov.uk/government/publications/thinking-of-buying-your-council-flat–2

Leasehold Advisory Service
Maple House
149 Tottenham Court
Court Road
London
W1T 7BNFl
www.lease-advice.org
Email: info@lease-advice.org
Telephone: 0207 383 9800

Housing Ombudsman Service
81 Aldwych
London
WC2B 4HN
Telephone : 0300 111 3000
Fax : 020 7831 1942
Email : info@housing-ombudsman.org.uk
http://www.housing-ombudsman.org.uk

  • Last updated: 13/05/2016

©2017 Futures Housing Group | Futures Housing Group and Futures Greenscape.
Registered Office: Asher House, Asher Lane Business Park, Ripley, Derbyshire DE5 3SW. | Award Winning Design Agency – GSD®

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