Recovering the Costs of Leasehold Management

Similar documents
LEASEHOLD MANAGEMENT POLICY Responsible Officer Director of Customer Services

HAVEBURY HOUSING PARTNERSHIP

Operating council-run Private Sector Leasing schemes to meet housing need and make a profit

RECOVERING COSTS IN THE FIRST-TIER TRIBUNAL. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2014

Leasehold Management Policy

LEASEHOLD MANAGEMENT POLICY

Presentation 25 September Leasehold Management. Lucy Walsh, Sam Coward

Voluntary Right to Buy Policy (Midlands Pilot)

RECOVERING COSTS IN THE LVT. CIH Home Ownership & Leasehold Management Conference & Exhibition 5 and 6 February 2013

Rechargeable Repairs Policy. Page 1 of 9

LBL response to Lewis Silkin Comment

LEASEHOLD PROPERTY CLIENT GUIDE

Leasehold Management Policy

NUMBER: 07/04 DATE FIRST ISSUED: July 2004 DATE REVISED: N/A

End of fixed term tenancy policy

GreenSquare Tenancy Policy

Some homes may not be eligible and in those cases we will try to find an alternative property that you can buy.

Developed by LEASE and funded by the Welsh Government. MAJOR WORKS A guide for leaseholders of social landlords

Policy Updated: Leasehold Management Policy

LEASEHOLD MANAGEMENT POLICY

Qualification Snapshot CIH Level 3 Certificate in Housing Services (QCF)

Mutual Exchange Policy

Demoted Tenancies Your Questions Answered

We also manage a portfolio of properties on behalf of another landlord that includes market rented properties.

Leasehold management policy

Right to Buy LEASE CONFERENCES. Disclaimer

Document control. Supercedes (Version & Date) Version 2 February 2017

Right to Buy Policy SER-POL-18 Version 5.0 Date approved: February 2017 Approved by: Chief Executive

Voluntary Right to Buy and Portability Policy

1.4 The policy applies to all landlord organisations in the Group.

CIH Home Ownership Developments in 2014/15. Justin Bates

ASSURED SHORTHOLD TENANCY AGREEMENT

Overview Home Ownership Policy

Tenure and Tenancy management. Issue 07 Board approved: February Responsibility: Operations/C&SH Review Date: February 2019

Private Sector Housing Fees & Charges Policy

Service Charges Explained

Recharges Policy May 2017

Housing Programme (Level 3) CIH L3 Housing Certificate NVQ L3 in Housing Functional Skills (L2 English and Maths) Information.

Job profile Private Rented Housing Officer Salary: Grade H

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes

Allocations and Lettings Policy

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2017

OPTIVO S GUIDE TO SHARED OWNERSHIP

ASSURED TENANCY AGREEMENT (In accordance with Part 1 of the Housing Act 1988) Modified: September 10, Title: FO-Green Lane Tenancy Agreement

Date: July All Wards Affected

Lodger and sub-letting policy

Application Procedure

VOLUNTARY RIGHT TO BUY POLICY

Somerset West Landlord & Tenant Services (SWeLT)- Deposit Guarantee Scheme

Residential Management Disputes. Natasha Rees, Emma Gosling, Yvonne Hills and Sarah Heatley 25 February 2016

LETTING & MANAGMENT TERMS AND CONDITIONS

LEASEHOLD MAJOR WORKS POLICY Responsible Officer Director of Customer Services

Approved by Management Committee 25/02/15

If the Council offers you a property the offer letter will explain the type and length of the tenancy.

Leasehold Management Brief

ORBIT VOLUNTARY RIGHT TO BUY POLICY

Rent Setting and Service Charge Policy (Social and Affordable Properties)

Homeowners Handbook. A guide to your home and community

Leasehold Management

Recovery of costs in service charge disputes. Jonathan Upton, Tanfield Chambers

Wandsworth Borough Council. Tenancy and Rent Strategy

Extending the Right to Buy

December Arbon House, 6 Tournament Court, Edgehill Drive, Warwick CV34 6LG T F

Engaging with Leaseholders

Fortis Living and Waterloo Housing Group Voluntary Right to Buy Sales Policy

Scottish Social Housing Charter Indicators

Voluntary Right to Buy (VRTB)

TENANCY FRAUD POLICY

(ENGLAND AND WALES ONLY) Section 1 Shared Ownership Requirements which must be complied with for all Shared Ownership Leases.

TENURE POLICY. 1.2 The Policy sets out the type of tenancy agreement we will offer when letting our properties for the following tenures.

Updated Value for Money Performance based on the HouseMark Report 2015/2016. delivering promises, improving lives

Right to Buy Policy SER-POL-18 Version 2.0 Date approved: January 2015 Approved by: Chief Executive

Your Shared Ownership Lease

Supporting documents; Devon Home Choice policy and procedures, Rentplus lettings process and criteria

BUSINESS PROPERTY LEASES

Interested in buying your own home?

Interested in buying your own home? A legal guide to Right to Buy

Introduction to Leasehold

LEASEHOLD PROPERTY ENQUIRIES

Voluntary Right to Buy

SERVICE POLICY MUTUAL EXCHANGES AND SUCCESSIONS OF TENANCY

LETTINGS POLICY. Plus Dane Housing Page 1 of 10

SIPP Property Transfer In-Specie Questionnaire

The Community Housing Group. Voluntary Right to Buy Pilot Customer Guide

ASSOCIATION OF RETIREMENT HOUSING MANAGERS DISABILITY DISCRIMINATION AND RESIDENTIAL PREMISES

THIS AGREEMENT is made on the [insert day] day of [insert month] [insert year]

Discussion paper RSLs and homelessness in Scotland

HOLDING DEPOSIT: (Cash / Transfer) DATE: OUTSTANDING BALANCE:

Home owner handbook. Contents. 1. Our team Leasehold explained Insurance Ground rent, rent and service charges 3

Policy for Managing Shared Ownership

STARTER TENANCY POLICY

Tenancy agreement for a holiday letting. Corina R. F. Buckwell of Upper Lodge, The Broyle, Lewes, Sussex ('the Landlord') and You ('the Tenant')

Registered Care Homes Housing Management

Notice that you must leave. a brief guide for landlords and tenants. housing

YORKSHIRE HOUSING ADMINISTRATION CHARGES

Circle Housing Wherry

Billing Major Works Service Charges. Louise Turff Service Charge Construction Manager London Borough of Southwark

RE-CHARGEABLE REPAIRS STRATEGY

Plain English guide to your lease

Consumer Code for Home Builders

Transcription:

Recovering the Costs of Leasehold Management CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 The Challenge A New Mindset The Basic Idea Sample Clauses Types of costs Statutory Provisions Conclusion

The Challenge To be cost neutral To recover 100% of costs from the units in the block Note: L pays for flats for secure tenants CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015

A New Mindset To recover a cost incurred unless there is a reason not to CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 Reasons? - Not charged before - Politics - Unfair - Not practical i.e. Unable to calculate the cost - Fixed percentage management fee

The Basic Idea CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 Landlord builds a block of 10 flats Grants 10 leases and reserves ground rent and covenants to keep the block in repair (save for the interior of flats) The Landlord does not want to be out of pocket in repairing and managing the flats

The Basic Idea CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 The lease provides for the lessees to pay a share (1/10 th ) of the costs incurred by L in repairing and managing The basic idea and the imbalance between landlord and lessee has led to parliamentary interventions e.g. S146, S19, S20 Note if a lease fails to make satisfactory provision for the recovery of expenditure to be incurred an application to vary the lease can be made S35 LTA 1987

Sample Clauses A proportion of the costs incurred by the landlord in carrying out its obligations in paragraphs... The Landlord s covenants, e.g. - insuring - repairing and decorating - cleaning CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015

Sample Clauses CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 A proportion of the costs incurred by the landlord in respect of any other works or matters affecting the demised premises and the building of which the demised premises form part that the Landlord in its discretion considers it reasonable or appropriate to carry out

Sample Clauses All other expenses incurred by the Landlord in and about the maintenance improvement and management of the building of which the demised premises forms part Estate? CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015

Sample Clauses CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 Management Costs The Landlord shall be entitled to add a reasonable sum for general administration expenses [such sum being 10% of the total of the costs incurred by the Landlord] Major works schemes and management fees? Not a management cost caught by the sample clause above but an indirect cost of the scheme

Sample Clauses CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 Enforcement Costs All costs charges and expenses which the Landlord may from time to time incur in connection with or in procuring the remedying of any breach by the lessee of the covenants on the part of the lessee contained herein..costs charges and expenses incurred incidental to the preparation and service of a S146 notice

Types of costs CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015 Repair, cleaning and redecoration Improvements 24 hour emergency repair hotline Enforcement Complaints team Anti social behaviour team Training room costs of return to work project Consents to assignment or works

Statutory Provisions S19 costs reasonably incurred S20 re QLTAs S20C Enforcement costs Schedule 11 CLRA 2002 re administration charges CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015

Conclusion Can you recovery all of your costs? Subject to checking the terms of your leases; Yes you can But how do you do it and what are the challenges? CIH HOME OWNERSHIP & LEASEHOLD MANAGEMENT CONFERENCE & EXHIBITION 3 4 FEBRUARY 2015

Recovering Your Costs Mike Edmunds Camden Council

Do you know what it costs to deliver your service?. What is recovered through your annual accounts? Do you know what your management costs are? Does your lease allow you to recover your costs? Management cost of leasehold team Accountancy and admin costs Indirect costs of repairs and services Cost of major works delivery.

Service charge profile Day to day service charges profile Service charge 11.2m Accountancy and admin charge 306k Management fee 1.5 Recovering all costs and not just the service cost is key to maximising income Ensure direct, indirect costs & overheads are added to service cost Services like repairs are very expensive to deliver. Major works costs recovered through an indirect charge, currently 8.27%

Management fee profile Leaseholders services unit cost 120.76 Includes Front line leasehold /collections team Leasehold finance/debtors team % Leasehold compliance team re general advice % Court team dealing with borough wide activity Accounts team recovered through separate accountancy charge via time recording work on services Sales team managing RTB sales, assignments and registrations self financing through fees

Management fee profile Housing management 74.57 Residents Participation Engagements (advice and engage with TRA and groups meetings). Communal Repairs Enforcement of tenancy and lease conditions Antisocial Behaviour & Harassment complaints (tackling and dealing with ASB complaints from L/H and tenants) 58% of time spent on these tasks that benefit all Asset management 10.96 Total charge 2013/14 206.29

Camden cases that assisted recovery FTT case : LON/00AG/LSC/2012/0791 Very detailed 67 pages Covers analysis of leasehold services and housing management services that can be recharged. Clarity on costs associated with major works LRX/10/2011 Palley v London borough of Camden Confirmed direct, indirect costs and overheads rechargeable as well as a management fee, as long as no double counting Also see LRX/105/2011 & LRX/178/2011 London borough of Southwark v Gary Paul and others

Checklist for management cost recovery Time analysis of leasehold teams functions where mixed chargeable and non chargeable costs Time analysis of housing management Pick up costs for all teams Transparency for leaseholders, put costs on your web site. Demonstrate no duplication of costs Clarity on central support costs Understand clauses in all lease types If your lease has a % charge are your real costs less than this figure.

Advantages of FTT application Plus points Seeking a determination at FTT can provide certainty about your methodology Camden had a 30% increase in recoverable costs Negative points from FTT Unhappy with re-charging of central engagement team Costs relating to community safety team not recoverable impact on customer satisfaction.

Income protection Protect income Billing with lease Section 20B Additional income Sale of additional space, basement and roof spaces Lease extensions Disposal of landlords interest Fees true cost managing alterations cases Copies of leases

Partnerships to aid recovery of costs Arrears recovery External contract Debt recovery process that recovers all costs Breach cases FTT determination to recover costs Section 20 cost recovery Working with repairs teams to avoid write offs Work with asset management teams to ensure future works costs are in sales packs

Can you reduce the cost of your service Problems with electronic delivery of service charge accounts and notices Develop a self service portal Camden portal model Payments,Statements, value for money survey Breakdowns of annual service charges and repairs Leaseholders details -Tel nos, email Leaseholders can update contact details and address Registration of subletting on line with automatic updates to housing management teams Electronic Delivery of arrears letters E-Forms with work flow & sales pack requests and payment

Can you reduce the cost of your service Benefits 40% using portal Reduced call centre time Shift to self service Improved customer satisfaction -70% with portal Greater transparency for leaseholders Future Lobbying of ministers Incentives to use portal, Early payment discounts on major works

Good luck with recovering your costs Mike Edmunds Head of Leaseholder Services Camden Council Mike.Edmunds@Camden.gov.uk