Engaging with Leaseholders

Transcription

1 Engaging with Leaseholders John Gargan CIHM Consultant & Mediator Emily Wester Leasehold Community Engagement Officer Lambeth Living CIH Home Ownership & Leasehold Management Conference 2015

2 Recognised Tenants Associations (S29 L&T Act 1985) Recognition and Rights

3 Recognition Two ways of seeking recognition Apply to landlord for written notice of recognition Apply to a Rent Assessment Panel

4 Recognition Information to be provided Copy of the Association s constitution Model rules available from the Panel List of members names & addresses Description of the properties and addresses Relevant correspondence with landlord

5 Recognition Panel has discretion for recognition Criteria include: Rules are fair and democratic Membership must be a significant proportion of potential As a rule, 60% of those eligible Recognition usually for 4 years Can be renewed, or cancelled, at discretion of Panel

6 Rosslyn Mansions TA v Winstonworth Ltd UT 2015 FTT determined that as membership of the TA was only 57% of those eligible (4 out of 7 flats) then recognition should be refused UT decided that 60% of those eligible should take account of the percentage of total service charges payable by those supporting the application

7 Rights Ask for a summary of service charges Inspect relevant accounts & receipts Sent copies of estimates for either intended QLTAs or qualifying work Propose contractor for either intended QLTAs or qualifying work Ask for written summary of insurance cover & inspect policy Be consulted on appointment of managing agent

8 Rights Appoint a surveyor who will have rights of access to the building/estate and to the landlord s accounts & other documents This right is available to a recognised tenants association but not to individual tenants This provides a means of tenants investigating what they normally can t see The appointed surveyor has more rights of access than the tenants

9 Benchmarking Out of 11 LAs and HAs: Only 3 could confirm they have active RTAs Actively promoting and encouraging recognition not a priority Numbers? 5 not changing, 2 decreasing, 1 slowly increasing Only 2 reported RTAs using right to nominate contractors Most felt RTAs less relevant since individual leaseholders now have right to nominate contractor Almost no experience reported of RTAs using other statutory rights

10 Barriers to RTA success Where they have not lasted very long or been very effective/successful, what do you think were the main barriers? Lack of awareness and perception of no/little benefit Outdated form of engagement, busy lives Lack of commitment, own agenda, illness; lack of interest; personalities Formed for major works, disbanded when contract ended; Formed for specific reason or event

11 Pros and Cons why RTAs? Why not? Pros Cons For leaseholders: Even where legal rights are the same (observations), may feel more formal/official coming from RTA feeling of control over own association, can use meetings how they like without our interference Right to appoint surveyor For landlords: allow some distance; independence a requirement of RTAs. Less time and effort in servicing meetings low output form of engagement Very reliant on active, competent leaseholders to take a lead; can then depend on small number of leaders and fail if they step down Asks more of participants than landlordled forms of engagement activity Discrepancy between blocks/estates with active leaseholders willing to lead and those with none Some landlords may be reluctant to encourage, since RTA s surveyor can access building, accounts and documents that residents otherwise would not be able to see Not the kind of engagement that interests many leaseholders

12 Benchmarking - alternatives Lambeth: 6 Area Leaseholder Forums (meet 3x/year); 1 borough-wide Leaseholders Council (meets quarterly); leaseholders involved with TRAs Tower Hamlets: Monthly borough wide focus group. Key leaseholder reps as estate champions. Haringey: Borough-wide Panel meeting quarterly, annual all-leaseholder forum, quarterly newsletter City West: Annual forum, virtual panels, estate reps to scrutinise estimates and actuals Camden: Elected leaseholder forum, meets monthly, runs own website and virtual residents panel Ascham Homes: Neighbourhood forums (mixed tenure) Brent: Leaseholder forum with 1 rep from each of 18 RAs. Recruiting leaseholder champions from each estate.

13 Who are they and what do they want? Demographics know your leaseholders Recognising different preferences for engagement than tenants Identifying preferences surveys can help

14 Resident-led approaches to change Review of Area Leaseholder Forum format Outdated model Inconsistent experience depending on area Too much emphasis on meetings Project group of leaseholders Timeline 3 months, tbc when first meet as a group Get ideas from other organisations

15 Small, simple initiatives Outside of formal engagement structures Simple projects no major time commitment for staff or leaseholders Increase number of positive interactions, build relationships Examples: document review panel, estate champions, online forums, brief topical task and finish groups

16 Thank you for listening. Questions? Emily Wester Lambeth Living John Gargan CIHM