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Handbook

for homeowners

Everything you need to know

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C

ontents

C

ontents

Introduction to this handbook 2

Introducing Knightstone 3

Our service promise 4

Equality of treatment 6

Your lease 7

Improvements and alterations 12

Your statutory rights 13

Living in your home 15

Sub-letting your home 18

The annual service charge and other payments 19

Your responsibility for repairs 24

Our responsibility for repairs 25

Buildings insurance 26

Buying further shares in your home 27

Selling your Shared Ownership home 28

Making your voice heard 30

Report a repair 32

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This handbook aims to answer the most common questions that you may have. We aim to provide all relevant information to you, whether it is related to service charges, accounts, or repairs and improvements, at the right time and in the right way.

This handbook provides general guidance and explanations. It is not intended to provide legal advice so it should be read in conjunction with your lease or freehold documentation.

If you can’t find the answer to your question in this handbook and require further information, please

contact us for assistance. Contact details can be found on the back cover of this handbook. From time to time, we may update or add information to this handbook. Updates will be available through our website at

www.knightstone.co.uk. Alternatively, hard copies maybe requested from our offices.

We hope you will find this handbook useful. This symbol means the whole section applies only

to leaseholders.

This symbol means there is specific information within a section which only applies to leaseholders.

This handbook has been produced for all our homeowners.

These are Shared Owners, Do It Yourself Shared Ownership (DIYSO)

Freeholders, and Right to Buy purchasers of properties either once

owned or currently owned by Knightstone Housing Association.

Everything in this handbook applies to you

except where you see the following symbols:

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Introducing Knightstone

Knightstone is a Registered Provider of

social housing. We manage and develop

affordable homes.

Where do we work?

We sell and manage homes across the south west region. We provide homeownership services from our office in Weston-super-Mare.

Who runs Knightstone?

We provide management services to over 2,000 homeowners. Knightstone is managed by a Board of skilled and experienced people. The Board is made up of members elected at Knightstone’s Annual General Meeting. The Board meets regularly to plan our work, set standards and policies and make sure that staff are providing a good service to the people we are here to help.

Who does Knightstone answer to?

We are regulated by the Homes and Communities Agency (HCA). They take a co-regulation approach with our Board and residents to monitor our performance and activities.

For further information

If you would like to find out more about us, please contact us (see contact details on back cover). Our annual report, including a summary of our company accounts, is available free of charge. from our office or you can download or view a copy at www.knightstone.co.uk

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We are committed to providing a high quality service in all areas of our work, we will:

„ Make it easy for you to contact us „ Treat you with courtesy and respect „ Keep you well informed

„ Offer you help and advice „ Listen to your views „ Help you get involved

„ Get service delivery right the first time „ Put things right quickly if they go wrong

What you can expect from us

The following standards indicate the level of service you can expect from us.

Contacting us

In your everyday contact with us, we will:

„ Answer telephone calls promptly „ Reply to letters within five working days „ Respond to messages left within one

working day

„ Make sure our office is open in accordance with

published opening times

„ Provide communication in any format needed,

such as a language translation

Managing your lease

We will:

„ Send you a service charge statement detailing

charges due and payments received

„ Send you an annual service charge

account detailing expenditure attributable to your property

„ Visit where you live on a regular basis to make

sure that communal services are delivered to best possible standards

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Repairs

For repairs that are our responsibility, we will:

„ Aim to complete all emergency repairs

on target

„ Aim to complete all urgent and routine

repairs on target

„ Consult with you when major works are

planned and send you appropriate notices showing the estimated costs

Get involved!

We will fully involve you in all areas of our

work and in particular will:

„ Produce a copy of our newsletter ‘Homeowners

News’ and publish it on our website

„ Consult you in accordance with legislation

where major works are planned or we are entering long term agreements (depending on the cost of the contract to you)

„ Assist you in setting up Residents’ Associations

(see page 30)

„ Invite you to give us your opinions on all

matters relating to services we provide You can get involved through a combination of meetings emails and written communications.

Our service

standards

We produce and regularly update our service standards, which can be viewed on our website

www.knightstone.co.uk If you would like a copy

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Equality of treatment

Equality issues affect every area of our work. All members of the local

communities where we work, residents, suppliers, staff and committee

members have a right to be treated with fairness and equality.

No one applying for housing, a job or for contracts with Knightstone will be treated less favourably than any other person or group because of their sex, racial or ethnic origin, colour, religion, disability, marital status, sexuality or age.

To help achieve this, we will:

„ Try through our policies, procedures and working practices to provide

equality of opportunity regardless of anyone’s sex, racial or ethnic origin, colour, religion, disability, marital status, sexuality or age

„ Provide equality training for all of our staff

„ Set targets in key areas and measure our progress against them

„ Keep records of the sex, ethnic origin and disabilities of people who apply

to us for jobs or housing

„ Make sure that people who work with us, such as contractors, are aware of

our commitment to equality and are willing to adopt the same principles

„ Take account of equal opportunities issues when we make decisions about

changes to our services or employment practices

„ Act when we consider that a member of staff, a customer or someone who

works with us has acted in a way which has caused unlawful discrimination or harassment

„ Investigate and respond whenever anyone thinks we have not complied

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Your lease

In this section we explain the most

important parts of your lease and outline the

responsibilities and obligations you have as

the leaseholder and we have as your landlord.

Glossary of terms

Listed below are some words and phrases that are commonly used in this handbook.

Arrears

Payments due, including rent and/or service charge which remains unpaid.

Cyclical redecoration

Decoration of communal areas, (external and internal) normally found in blocks of flats which are painted every five years.

Communal areas

The parts of the building or estate shared with others - more fully described in your lease.

Equity

The percentage of property owned by you or us.

Freeholder

A person or company who has full ownership of land and building.

Ground rent

An annual charge, payable in addition to any service charges.

Home or property

A flat, maisonette, bungalow or house including any private garden, outbuilding or garage.

Lease

A legal agreement which sets out the rights and responsibilities of both leaseholder and landlord.

Leaseholder

Someone who lives in a flat or a house who has purchased some or all of the equity and has entered into a lease.

Rent

Applies to shared owners or those with DIYSO properties, the annual amount payable in addition to service charge and ground rent. Your lease may refer to either ‘gross rent’ or ‘net rent’ or ‘specified rent’.

Resale

Term used to describe the procedure when you sell your home or share of a shared ownership home.

Shared owner

Someone who owns a share in their home, and has not yet staircased to full ownership.

Sinking fund

A fund that may be set up through service charges to budget for major expenditure for communal works. For example, roof repairs, lift replacement and cyclical redecoration (decoration to communal areas, usually every five years).

Staircasing

The process of purchasing extra shares in your home if you are a shared owner.

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This section just explains the words used in

your lease: for the full legal definitions please

refer to your lease.

Common parts

The parts of the building which you share with other residents in the building. For example, entrance hall and staircases.

Covenants

A legally binding promise.

Demised premises

The part of the building that has been sold to you and is your responsibility.

Exceptions

Any part of the land which is excluded from the sale and retained by the landlord.

Reservations

Rights the Landlord keeps over your home.

Landlord or Lessor

Knightstone Housing Association as the owner of the land and building, usually entitled to receive rent (if applicable), ground rent and service charges.

Leaseholder, Tenant or Lessee

The person who owns the lease and has the right to live in the property.

The Law

There are several laws and Acts of Parliament protecting your rights as a leaseholder. If you are not sure about your rights, a solicitor can advise you or you can contact Citizens Advice Bureau. The main legislation that covers leaseholders is:

„ Housing Act 1985

„ Landlord and Tenant Acts 1985 and 1987 „ Housing and Planning Act 1986

„ Housing Act 1988

„ Leasehold Reform Housing and Urban

Development Act 1993

„ Housing Act 1996

„ Commonhold and Leasehold Reform Act 2002 „ Service Charges (Consultation Requirements)

(England) Regulations 2003

„ Housing Act 2004

„ Housing and Regeneration Act 2008

Legal terms used in your lease

You can see copies of these acts at the main libraries or on the Office of Public Sector

Information’s website at

www.opsi.gov.uk

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Your lease is the legal agreement between you and Knightstone (in most leases this states either “the Landlord” or “the Lessor”). In most cases, it is Knightstone who owns the freehold of the land on which your property stands. We will normally describe you as the “Leaseholder” or “Lessee”. In some leases you may be described as “the Tenant”. Your lease will normally, but not always, run for a period of either 99 or 125 years from the date the property was first bought from the Landlord. The exception to this is when Knightstone only owns a lease itself and can only offer a sublease for a shorter period, or if the leaseholder has had an extension to the original lease.

The plan attached to your lease shows the boundaries of your property. On completion of your purchase, your solicitor will have explained how your lease works and should have given you a copy. We strongly recommend you take the time to read it carefully and keep it in a safe place. This handbook explains many of the conditions of the lease, but if you have any questions or need further advice or information, please contact us or take independent advice from the Citizens Advice Bureau or a solicitor.

Main conditions of the lease

You must use your home as a private dwelling only, keep the property in good repair and must not cause a nuisance to other residents.

You must also make regular payments to cover the costs that we incur on your behalf. The frequency of these payments will be set out in your lease, but will usually be monthly. This includes our administration costs, buildings insurance and in some cases, the cost of providing services.

Your obligations

The most common terms are set out below. These may vary slightly from lease to lease.

You must:

„ Pay all service charges, ground rent

If you are a shared owner or DIYSO you must also pay any rent

„ Pay interest on all arrears at the rate set out

in your lease, usually 4% above the lessor’s / landlord’s bank base rate

„ Keep the property in good repair and condition

(including fixtures and fittings)

„ Allow us access to the property, if requested „ Make good any defects or disrepair that we

inform you of within the time limit set out either in your lease or our notification

„ Allow us access to carry out any inspections

or works that we have to do under the terms of the lease

„ Give us a copy of any notice affecting the

property within one month of the date of the notice

„ Let other leaseholders enter your property to

carry out any maintenance or repairs that are necessary. This access should be arranged with reasonable notice, causing the minimum of disturbance. Any damage caused by the other leaseholder should be made good by them

„ Use the property as a private dwelling only

You must not:

„ Make any structural alterations or additions

to the property without first getting our written consent

„ Disconnect the property from any communal

heating system, without first getting our written consent

„ Cause a nuisance to Knightstone

or other residents

„ Put up any external aerials (this includes

satellite dishes)

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Our obligations

We must:

„ Maintain and repair the structure and exterior

of the building, including communal drains, gutters and external pipes

„ Keep in repair the “common parts”. These are

communal areas which may include staircases, entrances and grounds. When reasonably necessary, we will paint both the exterior of the block and the internal common parts

„ Maintain (at a reasonable level) any services set

out in the lease and to keep in repair any related machinery or installations connected with those services

„ Insure the building

Costs incurred by us in respect of these obligations can be passed onto leaseholders as a service charge.

Actions for which you need our consent

In most cases you have the same rights and

responsibilities as any homeowner. Some activities are not permitted. For example, if you live in a block of flats you can’t use the car park to carry out major repairs to vehicles. In other circumstances you may need our written consent. For example, if you wish to:

„ Keep a bird, animal or reptile in your home „ Make changes or improvements to your home „ Use your home as security for a loan

„ Sub-let your home or sell your share

The lease gives full details of activities that are not permitted and activities you need permission for. These restrictions are intended to protect you and your neighbours from nuisance or annoyance, and to make sure the buildings insurance remains valid and to protect our interest in the property.

There may also be conditions that we entered into when we purchased the land or property. You have to keep to these conditions too.

Using your share of the property as security

for loans

If you are a shared owner and you wish to borrow money, the lender may want to use your share of the property as security. If you fail to repay the loan, they can then get their money back by requiring you to sell. You must get our written agreement before agreeing to borrow money on this basis.

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Changing the name(s) on the lease

If you wish to change your name, or add or remove another person’s name as joint lessee, you must obtain written consent from all parties to the lease, including us. You will need the help of a solicitor to make sure the transfer or addition of a name is done correctly and is legally binding.

Repayable discount

This only applies if you were previously a

Knightstone tenant and bought your home under either the ‘Right to Buy’ or ‘Right to Aquire’ schemes. Most Right to Buy or Right to Acquire purchases are made with the help of a discount. Once the sale is completed, there are statutory restrictions on the owner’s ability to sell their home or to take out other loans or mortgages using the property as security. These restrictions are set out in the lease. If the original owner sells within five years of buying the property, a proportion of the discount that they received must be repaid to Knightstone.

Right of entry

If you live in a flat, we, and our appointed representatives and contractors, have a right of entry under the terms of the lease. This is to allow works or inspections to be carried out. This right will be exercised reasonably and we will agree a time with the leaseholder beforehand. The only exception to this is when there is a need to deal with an emergency. If we need to carry out works in the property, we will try to cause the minimum of disturbance and any damage caused will be made good.

This right of entry also applies to other residents who have to carry out works in the property. This should cause a minimum of disturbance and any damage caused should be made good.

For more information about repayable discount and whether or not this applies to you, please contact the Homebuy Sales Team.

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Under the terms of your lease, you must get

our permission before making any alterations

to your property. You may also need other

permissions, such as planning permission

or building regulations permission from

the local authority.

As the freeholder, we can decide under the terms of the lease whether to grant permission. An application for permission must be made in writing. You should enclose copies of any plans, drawings or diagrams that help explain what you want to do. Your lease will generally require you to pay us a fee to reflect the time we spend and any fees we incur in dealing with your application. We have responsibility to safeguard the appearance of the area in the interests of other residents and to make sure the structure of the building remains sound.

We will not refuse you permission to carry out alterations without good reason. If we grant permission, you should then contact your local

authority to find out if you need other permissions. In this way, if we refuse permission under the terms of the lease, you will not have incurred any of the costs involved in seeking planning or building regulations consent. Please note for certain works you may also need consent from the original builder where this is not us. You should take independent advice about the consents and permissions needed. Unfortunately we cannot advise you, although we may be able to assist. Following alterations, you may need to increase your buildings insurance to reflect the increase in value of your home. Please contact us if you want to do this.

Please note that improvements may make your home easier to sell, but do bear in mind that the cost of improvements is not always reflected by a similar increase in property value. If you are a shared owner, when you come to move, you can still only sell your home based on your current percentage share and current market value.

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Leaseholders have statutory rights set out

in law. Please contact us if you would like to

know more about any of the rights that are

summarised below. Our contact details are

on the back cover.

Alternatively we suggest you contact a solicitor or:

Service charges - a summary of tenants’ rights

and obligations

Your lease sets out a variable service charge (see ‘Annual service charge and other payments’ on page 17). Whenever we issue a demand for payment, you are entitled to receive a document called ‘Service charges - a summary of tenants’ rights and obligations’. Please note: although this title refers to tenants, it also applies to leaseholders. The document sets out your statutory rights and obligations in relation to the service charge. The wording is set by law so is not specific to you.

Statement of account

Leaseholders have the right to be provided with a written statement of account. This is a summary of costs in relation to service charges upon request. Your request must be made in writing and can only relate to the most recent accounting period (usually 1 April to 31 March) in which charges have been raised. We have one month to make the summary of costs available to you or six months from the end of the relevant accounting period. The summary should show how the costs incurred by us have been reflected in the service charges.

Once this summary has been provided, the leaseholder also has the right to write and ask to inspect and copy accounts, receipts and other relevant documents. The landlord must allow reasonable facilities for inspection. The facilities for inspection should be provided free of charge at the point of use, but may be recharged to leaseholders through the management costs element of the annual service charge.

A reasonable charge can be made for the taking of photocopies. We have one month to respond to this request and should make these facilities available for up to two months.

Your statutory rights

LEASE (The Leasehold Advisory Service) T: 020 7383 9800

E: info@lease-advice.org

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Management audit

The Leasehold Reform, Housing and Urban

Development Act 1993 gives leaseholders the right to a management audit.

This is an audit that looks at the services provided by the landlord and the service charge costs. A management audit lets leaseholders appoint a qualified auditor to examine:

Please note: the legislation sets out a number of conditions that must be satisfied before this right can be exercised.

Leasehold enfranchisement

(the right to enfranchise)

This right was introduced by the Leasehold Reform, Housing and Urban Development Act 1993 and was amended in 2002. Leasehold enfranchisement (also known as collective enfranchisement) means that leaseholders acting together have the right to buy the freehold of their building from the landlord. As Knightstone is a charity, there are restrictions about when this right can be exercised. Generally if the building is used for charitable purposes (for example, a scheme for elderly persons), then you may not have the right to enfranchise.

Right to Manage (RTM)

This allows leaseholders collectively to take over the management of their building. Leaseholders do not have to prove any fault on the part of their landlord and don’t have to pay any compensation. To qualify for this right:

It does not apply to houses or bungalows.

Extension of leases

The Commonhold and Leasehold Reform Act 2002 amended rights for some leaseholders to extend their leases. Leaseholders can now get a new lease for a period of the remainder of their existing lease and 90 years. To be eligible, leaseholders need to have owned the lease for a period of two years before being able to exercise the right. A value would need to be agreed for the new lease. For more detailed information about leasehold enfranchisement, the Right to Manage and extension of leases, we suggest you contact a solicitor or:

LEASE (The Leasehold Advisory Service) T: 020 7383 9800

E: info@lease-advice.org

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Keeping you informed

We aim to keep you fully informed. If you cannot find the information you need in your lease or this handbook, please contact us. Our contact details are on the back cover.

Homeowners news

We will regularly update you with news. This will be published on our website

www.knightstone.co.uk. We will also publish our newsletter ‘Homeowners News’ online.

Homeowners News aims to keep you informed on matters of interest. You are welcome to contribute your news and comments. If you wish to receive a paper copy please contact us.

Annual report and accounts

Every year, we produce an annual report and accounts. We also publish annual statistics on how we have performed in important areas of our work. For example, how quickly we have responded to requests for repairs, who we have housed, and how many empty properties we have. The annual report and accounts are available free of charge, on request.

Our policies

You have a right to see copies of our policies on housing management and maintenance that affect you as a leaseholder.

Consultation on matters that affect you

We will fully consult you about any proposals that directly affect you, your home or your estate.

Living with your neighbours

Everyone should be able to live peacefully in their homes. We expect people to show consideration and reasonable tolerance towards their neighbours. If there is a dispute with your neighbour, try to solve the problems between you in a friendly way first. Problems are rarely caused deliberately and people are often happy to put matters right. Noisy neighbours may simply not realise you can hear them.

If this does not work please report the dispute to us. If there is there is evidence of persistent nuisance you can use the First Response Service delivered by our Nuisance Prevention Team. They will visit and offer advice and support on how to deal with the problem. However, our powers are limited. In very serious cases, we can ask a Court to end a lease or tenancy if it is another leaseholder or one of our tenants who is causing the nuisance to you. If you require us to take action, we may (depending on the terms of your lease) ask you to refund our costs for bringing action on your behalf.

Depending on the nature of the nuisance you may have the right to take your own legal action against neighbours causing a nuisance. The Environmental Health department of your local authority has powers to deal with noise nuisance. For further advice, contact us or the Citizens Advice Bureau.

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Racial and other harassment

We will support residents or staff who are the victims of harassment. Where possible, we will take action against any resident causing harassment. Please contact us if you need help or advice.

Running a business from home

You can use your home address to receive business post, but it may be against the terms of your lease to run any trade or business from your property. If you want to do this, please contact us to discuss it. In some circumstances, depending on the nature of the business, we may be able to give you permission.

Taking in lodgers

You can take in a lodger if you wish, provided you also live in the property. Be careful about the agreement you make with your lodger or you may find you have given them legal rights to stay in your home and you may not be able to get them to leave quickly. Please also remember that payments from a lodger may affect your entitlement to

state benefits.

Get good advice first, for example, from a Citizens Advice Bureau or a housing advice centre.

Your local authority and the Inland Revenue may also provide helpful leaflets on letting a room in your home.

Keeping pets / animals

You are required to get our written consent before keeping an animal, bird or reptile. If you’re in a house, we will normally be able to give permission. However, if you live in a flat, we do not usually allow dogs, cats or other large animals because of the nuisance they can cause to neighbours.

We will give special consideration to any requests to keep a guide dog or hearing dog. All pets must be kept under control.

Parking and vehicle repairs

Please park cars in the areas designated for parking and not on landscaped areas. Shared or common car parks are normally intended for licensed, roadworthy, private cars only. Because of limited space you are not permitted to park caravans, boats, commercial vehicles (other than light delivery vans) or similar large vehicles on the property. When you bought your home you will have been made aware what (if any) parking space(s)/garage you have bought or been allocated for your use.

Please note: for some of our schemes, ‘resident only’ parking restrictions apply and car clamping companies may operate and monitor parking. In these situations, residents will be issued with parking permits.

Car parks, car spaces and garages must not be used for major repair work to vehicles, because this can cause nuisance and danger to other residents.

Television aerials and satellite dishes

If you live in a flat, there is normally a communal TV aerial system. We will not normally give permission for individual satellite dishes, but we will give permission for a communal system. Contact us for further information.

If you live in a house, you can put up a television aerial, but you need our permission before putting up a satellite dish. We will only refuse if we have good reason to do so, and we will explain our reasons to you.

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Disposal of refuse

Litter spoils the appearance of your neighbourhood, so please help by making sure rubbish is disposed of properly. For example, tie up your refuse sacks, put them out on the right day and do not leave them out longer than necessary.

If you need to dispose of large items, contact the local council. Most councils will arrange for the collection and safe disposal of household goods, such as, beds, cookers, fridges and washing machines. Please be aware, should we have to remove any rubbish left in communal areas, we will, where possible, add the costs for doing so to residents’ service charges.

Contents insurance

We arrange your buildings insurance

(see the ‘buildings insurance’ section on page 24), but this does not cover your personal possessions. We strongly advise you to take out contents

insurance to cover for loss, or damage, to your belongings.

Avoiding condensation problems

Condensation can cause mould, which can damage your clothes, bedding, floor coverings, decorations and property. It occurs when warm moist air or steam hits cold surfaces, such as, windows and walls. This often happens when you are cooking, bathing or washing and drying clothes.

To reduce or prevent condensation:

„ Leave background heating on during

cold weather

„ Make sure all rooms and cupboards have

adequate ventilation

„ Open the windows slightly if they mist up

„ When cooking, bathing, washing or drying

clothes, keep the room door shut and open the window a little

„ Make sure air bricks and vents in outside walls

are not blocked

„ Wipe down any mould with an appropriate

cleaning solution, for example, bleach or a fungicide

Frost precautions

If water freezes in pipes or cisterns it can cause serious damage. Before winter sets in, check all pipes and water tanks in the roof, or outside, are lagged. If you are concerned about communal areas, please contact us. If you are away for a short period, keep your home heated if you can, and ideally, arrange for someone to come in and check your home.

Gas safety

It is a condition in most leases that you make arrangements for any gas fired heating appliances to be serviced once a year by a registered heating engineer.

If you smell gas:

„ Do not use any naked flames or

electric switches

„ Turn off the gas

„ Open all doors and windows „ Put out cigarettes

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Shared owners and DIYSO

As a shared owner, your lease does not allow you to sub-let your home, but in certain circumstances we may give you permission to sub-let all, or part, of your home. For example, we may allow you to sub-let if you have to move to another area (for example to start a new job) and are having trouble selling your home.

If you wish to sub-let your home, you must:

„ Write to us saying that you wish to sub-let

your home

„ Get your lender’s written consent to a sub-let

(they may charge you for this) and send a copy of this to us

Please note: your lender may want to charge you a higher rate of interest on your mortgage. You should check with them.

We will then arrange to discuss your request with you. If we give you permission, it will be subject to the following conditions:

„ You let the property on an Assured Shorthold

Tenancy, which includes all relevant conditions of your lease

„ The sub-let is for a limited period only, this is

usually for six months but can be extended for up to two years

„ You get our approval to the rent, which should

not normally be more than 10 -15% above the amount you need to meet your mortgage and annual account charges

„ You remain responsible for all repairs and

all payments

„ You provide us with your new contact address

and telephone number and

„ You provide us with the name of the sub-tenant

Sub-letting your home can have tax implications. For further information, advice and helpful leaflets contact the local Inland Revenue office or a Citizens

Other leaseholders

If you have purchased your home under the Right to Buy or Right to Acquire, or if you have purchased from an existing leaseholder, the terms contained within your lease will determine whether you may be able to sub-let your home.

Some leases restrict or do not allow sub-letting. Where we allow sub-letting, you may have to get our permission first. We will not refuse you permission without good reason. Where there are restrictions on sub-letting, we will consider requests on a personal basis, subject to certain conditions.

Before letting your property, contact us for further advice. You should also get independent legal advice and consider the following points:

„ Check your lease and get our permission,

where required

„ If you have a mortgage you will need your

lender’s permission

„ Make sure you have contents insurance if it is

furnished and make sure your insurer knows you are sub-letting

„ Use a reputable lettings agency to manage your

property. Their terms will vary so it pays to shop around

„ Give us a contact address and telephone

number, in case of problems

„ Make sure you continue to pay the service

charges and ground rent to us

„ Grant your tenants an Assured Shorthold

Tenancy (this will need to reflect the terms and conditions of your lease) - minimum of six months

„ Give them our contact details in case there are

urgent problems affecting the building

„ It is your responsibility to carry out gas

safety checks and electrical checks at the required intervals

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Your annual service charge may include the following elements:

„ Day to day repairs

„ Building sinking fund contributions

and management costs

„ Ground rent (if applicable) „ Rent (if you are a shared owner)

These are explained below

Service charges

If we provide shared services, such as cleaning and lighting to common areas or maintaining the grounds of shared gardens, you will be asked to pay a service charge. This total cost is divided into individual contributions payable by each homeowner. The terms of your lease or freehold documentation will detail what costs will be included.

If you have a flat, the service charge will also

include your contribution to the cost of maintaining the structure of the building and keeping common areas, such as halls and stairways, in good repair. The service charge is normally collected monthly with your other payments. We set the charge by estimating the total cost of providing the services over a twelve-month period. If charges are too low to cover costs, we normally recover the shortfall through the next year’s charge. If we are left with a surplus at the end of the year, we offset this against the new charge.

The lease may allow us to share out the total cost to leaseholders by any method that we consider reasonable; this is supported by legislation that requires landlords to set charges in a reasonable manner. Alternatively, the lease may specify a particular method of charging, for example dividing the charge by the number of flats (and houses) in a block (or estate).

Your lease sets out how we apportion charges between flats in a block. Sometimes, there will be more than one calculation set out, because there may be other blocks of flats and, in some cases houses, that will also have to contribute to services or repairs carried out on your behalf.

Service charges can be billed for in advance. Leases usually state that this will be done monthly or quarterly. We will also accept weekly payments. We send a statement to you once a year to show the estimated costs for the forthcoming year. This statement will also set out the charges

depending on how you have agreed to pay. You will also receive an accounts statement at the end of each month showing amounts due and paid.

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What is included in the service charge?

Although the lease or freehold documents will set out what is or can be included in the service charge, below are details of some of the most common service charge items:

„ Lifts - The total annual cost of repairs,

maintenance, insurance and depreciation for the lift in your block

„ Cleaning and upkeep - The cost of providing

a cleaning service

„ Door entry systems - This is the cost of

maintaining and replacing a door entry system and will vary according to the type of installation in your block

„ TV aerial - The cost of providing a communal

TV installation to the block, including replacement, depreciation and electricity

„ Estate roads, drains, street lighting, storm water

and sewage pumping stations - The charge covers repairs, maintenance, replacement and power supply. This only applies to roads and installations that are private, in other words, have not been adopted by the local authority

„ Garden/landscaping maintenance - This is the

cost of the contract and other work needed to maintain communal landscaping, car parking, road sweeping and removal of refuse on an estate

„ Central heating/hot water - This only applies

where heating and hot water are supplied from a central boiler. Costs will include a contribution to the actual heating and hot water costs for your own flat and any heating or hot water provided to common parts

„ Building insurance - Where we are required

under the terms of the lease or freehold documentation to insure your building and review the charge annually

„ Window cleaning - Where provided, this will

be for the cleaning of windows located in the common parts

Day-to-day repairs

These relate to the costs of carrying out minor repair works to communal areas and the main structure.

Building sinking funds

On some of our schemes we have set up a building sinking fund, or savings fund. This helps us to spread the cost of large items over several years. Monies paid into this fund accumulate for future communal maintenance, repairs and improvements, such as, external redecoration and the replacement of equipment rather than presenting you with a large bill in the year the work is done. Interest earned on the sinking fund is shown in the annual accounts and remains in the fund.

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Management costs

Depending on the terms of your purchase

agreement (freehold or leasehold), we charge this in three parts:

1.

A flat rate management fee

2.

An administration charge, based on percentage of the cost of repairs/works actually carried out

3.

Additional services not covered by the management fee or administration charge The management fee covers administering the service charge account, including production of service charge statements and production of annual accounts. It also covers general office administration, arranging buildings insurance and cost of public liability insurance, dealing with day-to-day enquiries, managing estates, and consulting you.

The administration charge is usually a fixed percentage added to other service charge items. It covers the costs of our Maintenance Team, Asset Management Team and other Knightstone departments administering the works for you. Details of additional services for which a charge may be made can be found on our website. If you require any further information about these additional charges, please contact us.

Tax

VAT is not chargeable on the management fee or on our administration charge. We have to pay VAT on all repair and maintenance work, other services provided by contractors, materials and related expenses. Insurance Premium Tax is payable on all insurance premiums.

Corporation Tax has to be paid on interest paid on monies held in the building sinking fund.

Consultation on service charges

We will send you draft service charge accounts during June each year. We will provide you with a 30 day consultation period in which to query any charges. After the consultation period ends, we will issue you with a final annual service charge notice each September. You then have a further 30 day notice period before making any changes to your new monthly payment.

If you live in a block of flats, you will be given an opportunity to attend an annual meeting to discuss the accounts and agree the budget for the forthcoming year.

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Statutory consultation (Section 20)

If a leaseholder’s individual contribution to the cost of any service contract work or day-to-day repair is likely to cost them more than £250 in a year, we must consult leaseholders on the work intended and explain why we need to do it and the likely cost. We may also have to give leaseholders the opportunity to nominate a contractor(s) to carry out the work.

If we intend to set up contracts for more than 12 months, where the cost to any leaseholder is likely to be more than £100 in any year, then we must also consult as above.

Depending on the value of the contract, we may also have to advertise the contract in the EU.

This area of legislation can be complex and

for more detailed information we suggest you

contact a solicitor or:

Ground rent

Your legal documentation will set out whether or not you pay ground rent. Where this is the case, we will issue you with a demand for ground rent payment.

Rent payments

If you are a shared owner, you pay a monthly rent to us. Your rent covers the loan repayment that we have to make on the share of the property you have not bought. Your rent is assessed on an annual basis and usually rises in line with the Retail Price Index.

If you bought your shared ownership home before 15 January 1989, your rent is set by the Rent Officer Service. We cannot charge you more rent than the amount the Rent Officer fixes and we can only ask the Rent Officer to review your rent every two years. If you bought your property under a Shared

Ownership or DIYSO scheme, any changes will come into effect on 1 October, or 1 January. We give you at least one month’s notice of any change. For further details, see your lease.

Appeals against

the level of payments

If you feel your payments do not offer value for money or have been set or applied incorrectly or unfairly,

please contact us.

If you are a leaseholder you then may refer the matter to the Leasehold Valuation Tribunal (LVT). You should

take independent legal advice about this.

LEASE (The Leasehold Advisory Service) T: 020 7383 9800

E: info@lease-advice.org

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Method of payment

Your rent, management fee, administration charge, insurance premium and service charge (where applicable) are due, in advance, on the first day of each month. You must pay your charges monthly. You are encouraged to pay us by direct debit payment.

You can make your payment in a number of ways:

„ By Direct Debit through your bank or

building society

„ At the Post Office: pay by cash, cheque or debit

card (you will need a paypass card - please contact us for details)

„ At any payzone or e-pay outlet

„ Through our website (24 hours a day)

www.knightstone.co.uk and click on allpay.net

„ Over the phone using debit or credit card

(24 hours a day) - automated payment service telephone number 0870 243 6040

„ By text - using debit or credit card (24 hours

a day). You first need to register your mobile phone on www.allpayments.net/text pay Once you’ve registered just text ‘pay’ along with your password and amount you want to pay to 81025

„ By post - you can send in cheques or postal

orders to our office

„ Pay cash, cheque or postal orders to our office

Rent statement

If you would like to check your rent account, please ask your Homeownership Officer for a statement. We will send you annual statements at the end of March.

Late payments

You must pay your rent and service charges regularly. If you cannot make a payment, please contact your Homeownership Officer straight away.

Do not wait for the problem to get out of hand. We can arrange with you to clear your account over an agreed period. We can also give advice on claiming state benefits.

The lease allows us to charge interest on any arrears. We may do this if there appears to be no good reason for your late payments, but we will tell you first.

Your home is at risk if you do not keep up

payments

If you are in serious arrears without good reason and have failed to respond to our efforts to resolve the problem, we may take legal action that could result in the loss of your home. Before doing so, we are obliged to tell your mortgage lender of the position. Forfeiture proceedings result in the termination of your lease and that would result in the lender losing out as well as the leaseholder. To prevent this, the lender may agree to pay your rent, but they will add this cost to your mortgage debt. If you cannot then meet your mortgage payments, you may risk losing your home through repossession.

We want to help you avoid serious arrears. Please let us know if you have a problem meeting your monthly payment. You should also tell your lender if you are not able to make your loan repayment on the due date.

Benefits to help meet payments

If you receive income support or are on a low income, you may be able to claim Housing Benefit from your local authority to help with the rent payment. You may also be able to get help from the Department for Work and Pensions to meet your mortgage costs (interest element only, not capital). If your circumstances change and you are worried about meeting your payments, please contact your Homeownership Officer for advice.

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Most leaseholders will buy their home on a “full repairing lease”. This means you have total responsibility for keeping your home in good repair, even if you have only bought a part share.

House owners are responsible for both the inside of their home and the

structure. If you live in a flat you are still responsible for the repairs inside your home, however we will normally maintain the structure of the building and the common areas and recoup the costs from you through a service charge. If you have a private garden, you must keep it tidy and free from rubbish. You may also be responsible for areas of landscaping that lie outside the walls and fences around your home and are not obviously part of your property: you need to check the terms of your lease.

The lease plan shows the boundaries of your property. Check if there are any conditions. For example, it may be a planning requirement that certain areas are kept open plan, turfed or planted.

An inward facing “T” on the lease plan shows the fences or other boundaries that are your responsibility. If you wish to put up additional fencing, you will need our consent and may also need planning permission.

Precise details of repairing responsibilities are in your lease. If you have any queries, please contact your Homeownership Officer.

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If you bought a brand new home, faults or defects occurring in the first 12 months (occasionally 6 months) of a new building are the responsibility of the builder. This is called the “defects period”. The 12 months start from the date the homes were completed, and not on the date you bought your home. If you have bought a brand new home, keep a list of any items that you consider need attention. Normally, we or the builder will inspect the property at the end of the defects period to agree the items that need attention, including those on your list. These will be put right in the weeks following the inspection.

If the repair is urgent, such as leaking pipes, a toilet that will not flush or a heating system that does not work, please report the repair immediately to us. Please refer to contact details at the back of this handbook.

The contractor will usually contact you to arrange a time to call. Please keep to any appointments made - a wasted call can be costly and could incur additional charges.

At the end of the defects period, the builder will cease to be responsible for repairs. If you bought a new home from us or from a builder, it will either have a 10 or 12 year National House-Building Council Certificate (NHBC) or a Zurich New Build warranty. Major defects occurring after the defects liability period may be covered by this guarantee, if you have any problems please contact NHBC or Zurich.

For flats, the freeholder (usually us) is responsible for keeping the structure of the building and the common areas (such as halls and stairways) in good repair, and we inspect these regularly. If you notice repairs are needed to these areas, please let us know (please refer to back of this handbook for contact details).

If we do not own the freehold, we will make sure you know the name of the freeholder or their managing agents, so you can contact them if you need to.

If you bought your home from us under the Right to Buy or Right to Acquire schemes you will have received the Landlord’s Offer Notice prior to your purchase setting out your liability for major works within the first five years. If you want any further information about this, please contact your Homeownership Officer.

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Under the terms of your lease, we are

responsible for buildings insurance.

We arrange insurance to cover loss or damage

to the building, drains, pipes, cables, drives,

footpaths, garden walls, and communal

fixtures and fittings. We also provide public

liability insurance to cover external

common parts.

You should arrange your own insurance to cover your contents and personal possessions within your home. It is your responsibility to make sure that your contents insurance is adequate for your needs.

You pay for your share of buildings insurance (including Insurance Premium Tax) in your monthly charges, usually as part of your service charge.

The costs of arranging and administering the insurance are covered from the flat rate management fee that you pay as part of your service charge.

The amount your home is insured for covers the cost of rebuilding your property as new. A copy of the up to date summary document of the buildings insurance policy can be found on our website:

www.knightstone.co.uk

There are three policies:

„ One for shared owners and DIYSO’s

„ One for people who’s property was originally

purchased their homes under the Right To Buy scheme and;

„ Another policy for people who have purchased

homes in our leasehold schemes for the elderly

Making a claim

Zurich Municipal currently provide our Buildings Insurance policy. Please call their property claim line (freephone), 0800 028 0336 and they will assist you with your claim.

Public liability insurance

This covers all external common areas, for example communal car parks, grassed areas, private roads and playgrounds. We make sure this insurance is in place. The cost of this insurance is covered through your flat rate management charge.

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Where you have a shared ownership lease, in most cases, your lease will allow you to buy further shares in your home at any time. Buying a further share is known as “staircasing”.

Some shared ownership homes are not available for full ownership. For example, buyers may be restricted to a fixed 50% share or may only be permitted to buy up to 70, 75 or 80% of the property. These restrictions usually apply in areas where low cost housing is scarce or where the housing is for elderly persons. They are designed to safeguard the opportunity of shared ownership for future generations. If there are restrictions on buying further shares, you will have been told about this by either us or your solicitor when you first bought your home.

Arranging a valuation

If you are interested in buying a further share, contact us and ask for a valuation. Confirm this request in writing, stating the size of share you wish to buy in multiples of 10%. An independent Chartered Surveyor will then need to value your home based on current property prices.

This valuation excludes any major improvements you have made to your home, not including decoration or repairs and assumes the property is in good order.

You will have to pay the valuation fee in advance. If you change your mind, the fee is not refundable once the surveyor has been instructed.

Offer of sale

When we receive the valuation, we will send you an offer of sale. This will tell you how much your new share will cost and the amount by which your rent will reduce, if applicable.

What costs are involved?

Your costs will include:

„ Valuation fee

„ Higher mortgage payments, if you are paying

for the additional share by increasing your mortgage (ask your lender how much more you will be expected to pay each month)

„ Solicitors’ fees

For an estimate for how much this might cost you, please contact a member of the Homebuy Sales Team. For contact details, please refer to contact details at the back of the handbook (see the back cover).

When might it be necessary to employ

a solicitor?

You should contact your solicitor if:

„ You only paid part stamp duty (rather than full

stamp duty) when you first bought your share of your home. Additional stamp duty is due each time you buy further shares

„ You are buying all the remaining shares in

your home and are therefore becoming the full owner of the property

The valuation of your property is usually valid for three months from the date of the assessment. The transaction needs to be completed within this time to avoid the need for an updated valuation, which may incur additional costs.

Buying further shares in your home

For further advice on purchasing extra shares in your home, please contact the Homebuy Sales Team whose contact details can be found at the back of this handbook.

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You can sell your home whenever you want to, by assigning the lease under which you hold your share. Depending on the terms of your lease, we may need to approve the buyer for your home. Most of our leases specify what we call an ‘assignment’ or ‘nomination’ period, which starts on our receipt of a completed Property Information Sheet from you. It is important to remember that the assignment or nomination period does not start when you first enquire about selling.

During this period, you are unable to sell your home privately or through an estate agent. If we are unable to find a buyer by the end of this period, you will be able to sell your home privately or through an estate agent, although the buyer must still be approved by us.

You will usually be required to pay an ‘assignment fee’ to us. This covers the cost of the work we will do in connection with your sale. Details of this fee are usually contained within your lease. If your lease does not contain these details, we will still charge you a reasonable amount to cover the cost of this work.

What are the steps I need to take to sell my

home?

„ You need to phone us or write to us to say

that you would like to sell your home

„ We will write back to you, confirming

the procedure

„ You must give us a valuation for your home

from either a Member or Fellow of the Royal Institution of Chartered Surveyors. A valuation from an estate agent is not sufficient

„ Alternatively, we can arrange a valuation for

you and would let you know the cost if you contact us for this information

„ The Chartered Surveyor instructed will require

payment before the valuation is carried out

„ From this valuation, we will work out the value

of your share

„ You will also need an Energy Performance

Certificate, which needs to be ordered before we market your property

„ When you agree to your home being marketed

by us at this price, the start of our nomination period (described above) will begin

„ We will then look for people to buy your home,

and they will make arrangements to view at a time convenient for you

„ So that we can market your home effectively,

we will produce sales details for your home highlighting the features and benefits, including any photographs that will enhance these. You will need to check this and sign the draft particulars to confirm the details are correct

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„ You will need to instruct a solicitor to sell your

home. Whilst we don’t formally recommend solicitors, we can supply a list of solicitors who we know are experienced in shared ownership

„ The buyer we nominate and to whom you

agree to sell then has 12 weeks to complete the purchase

„ If a sale cannot be agreed to one of the people

we have chosen within the nomination period, or they fail to complete within 12 weeks, you will be able to sell your share on the open market, via an estate agent if you wish. The buyer will still need to be approved by us, to make sure they are eligible for shared ownership

„ A valuation is usually valid for 6 months.

If the valuation expires, we will try to arrange an extension of time for the valuation. If this is not possible a new valuation will need to be obtained. You will be required to pay any valuation fee. You will need a valid valuation to complete the sale

„ If you have made any improvements, the value

of these will be reflected in the valuation of the property. We will split any value added to your home by your improvements, according to the share you and we own. This is because the sale of your home is an assignment of the lease. It is the lease which dictates that the price you receive cannot be more than the percentage value of your share

Selling your LSE (Leasehold Scheme for the

Elderly) home at Summerlays Court in Bath and

Old School Place in Wells

The procedure for selling an LSE property at Summerlays Court in Bath and Old School Place in Wells is similar to that for shared ownership but with one important difference. These LSE leases are ‘Surrender Leases’. This means that if we cannot find a buyer for your property within six months of you giving us notice that you wish to sell, the landlord, Knightstone, will buy it back from you at a price agreed by an independent Chartered Surveyor. Please refer to your lease for more details or call a member of our Homebuy Sales Team who will be happy to answer any queries you may have.

Retirement for Sale (RFS)

This applies to Merlin Court in Bristol.

If you wish to move, please let us know. You have the option of either selling your existing lease to someone else, or for your buyer to be offered a brand new lease from Knightstone. You should discuss your options with your solicitor, but if your buyer will be receiving a brand new lease, our solicitor will co-ordinate the sale and you will be responsible for paying our fees.

In either case the buyer must be over 59-years of age to meet the age criteria of the scheme. You are free to market your home for sale through an estate agent and there is no restriction on the price you can sell for.

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Consultation on matters that affect you

You have the right to be consulted about proposals that affect your home and the way it is managed. We will, for example, consult you about any proposals for:

„ Changing the services we provide

„ Changing the way we collect service charges „ Major improvements or repairs to your

home or estate

We will ask your views in one or more of the following ways:

„ Writing to you

„ Sending you a questionnaire or survey „ Inviting you to a local meeting or focus group „ Discussing the proposals with the

residents’ association

If you pay service charges, you have the right to see information on the costs of the services you received during the year and the charges you paid.

Taking part in decision making

As well as consulting you on matters that directly affect you, we welcome your suggestions for improving the way in which your home or estate is managed. You may wish to take an active part in developing the service by joining a

residents’ association.

Residents’ Associations

Local Residents’ Associations can be a good way for residents to get together, discuss and take action on local issues and put their views to Knightstone. Your Homeownership Officer can tell you if there is a residents’ association in your area.

If you want to set up a Residents’ Association, your Homeownership Officer will be pleased to offer help and encouragement. We may be able to give you a small grant towards the cost of publicity, stationery and the hire of meeting places. It is important that your Residents’Association is democratic and representative. We will therefore ask you to adopt Model Rules and keep membership open to all residents (tenants, leaseholders and homeowners) in your estate or block of flats.

Your right to information

Residents cannot have a proper say in how their homes are managed unless they are kept fully informed. In addition to your lease or freehold documentation and this handbook, we will up date you with regular items of news, which will be published on our website

www.knightstone.co.uk in the form of a magazine that can also be downloaded via the internet or we can send you a paper copy.

Making your voice heard

A copy of our annual report and accounts, plus statistics on our performance during the year is available from www.knightstone.co.uk Copies of our policies on management

and maintenance are available on request from your

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Not satisfied?

We aim to provide a good service, but we realise there may be times when things go wrong. As part of our day-to-day contact with residents, many problems are sorted quickly and informally. But some need a more formal approach.

If you have a complaint about the provision of any of our services or about service charges, you should contact your Homeownership Officer as soon as possible. We learn from your compliments, complaints, suggestions or comments so that we can improve our services in the future.

How will we deal with your complaint?

Stage One

When you contact us to make a complaint you’ll be allocated a Case Officer, who’ll investigate and take action to resolve your complaint.

Stage Two: Complaints Review Panel

If you’re unhappy with the outcome at Stage One, your complaint will be passed on to a Senior Manager who’ll be your Case Review Officer.

They’ll speak to you to review the issue, and see if a resolution can be reached. If not they’ll arrange for a Review Panel to look at the findings of Stage One and consider any further information.

The Review Panel is made up of people who haven’t had any previous involvement in your complaint and are not employees of Knightstone. You’re encouraged to attend the Review Panel meeting. Stage Three: External

If you’re unhappy with the outcome at Stage Two, we’ll tell you what options you have to take your complaint to an external body. This can be a recognised Designated Person or Panel set up to review complaints in your local area including local councillors and MPs, as well as the Housing

The Ombudsman is an independent ‘watchdog’ who can investigate your complaint if our complaints procedure has not put things right. You can contact: Housing Ombudsman Service

81 Aldwych, London, WC2B 4HN

T:

0300 111 3000

E:

info@housing-ombudsman.org.uk

W:

www.housing-ombudsman.org.uk

Leaseholders can also exercise their right to take any dispute to court for settlement. If you are disputing service charges, including the reasonableness and cost of repairs, either carried out or planned to be carried out, you can apply to the Leasehold Valuation Tribunal (‘LVT’) for a determination.

You can get more information about this from your Homeownership Management Team or from: Residential Property Tribunal Service

1st Floor, 1 Market Avenue, Chichester, PO19 1JU.

T:

0845 100 2617

E:

southern.rap@hmcts.gsi.gov.uk

W:

www.justice.gov.uk/tribunals/

residentialproperty

Access to information held about you

You have the right to check that the information we hold about you (on file or on computer) is accurate. The only exception to this is information given to us in confidence by a third party, but we will tell you if any information is being withheld for this reason. If you want to see your file, ask your

Homeownership Officer for an appointment.

Where to get help and advice

Your Homeownership Officer can give you help and advice about your lease, service charges, repairs

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Before you report the repair

Please be ready with as much information as possible about the problem, such as what needs repairing, what’s wrong with it and where it is. This will help us to diagnose the repair as accurately as possible.

You can report a repair in a number of ways:

Report a repair by telephone

Call us on: 08458 729729

Phone lines are open 8:30am to 5pm Monday to Friday.

If you need an emergency repair outside of these hours, your call will go through to our out of hours emergency service, run by Invicta. The direct number for Invicta is 01732 781995.

*local rates apply from land lines

Report a repair by email

Email:talktous@knightstone.co.uk

The Customer Contact Team will reply to your email and let you know what will happen next.

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The Homebuy Sales Team

The Homebuy Sales Team can help you if you wish to buy further shares in your home, advise you about remortgaging or making changes to your legal documentation. They can also help you to find a suitable buyer for your shared ownership lease when the time comes to sell.

Homeownership Management Team

The Homeownership Management Team responds to your day-to-day questions and will help you with any concerns you may have.

Our teams

Report a repair

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Contact us

Weston Gateway Business Park Weston-super-Mare, Somerset BS24 7JP

T: 08458 729729

E: talktous@knightstone.co.uk

W: www.knightstone.co.uk

If you need this information in another format please contact us.

References

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