10.05.2015 Views

foster carer prog - Council meetings - Lewisham Council

foster carer prog - Council meetings - Lewisham Council

foster carer prog - Council meetings - Lewisham Council

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Findings<br />

A: Background<br />

19. There are approximately sixty housing managers operating in<br />

<strong>Lewisham</strong>, each with their own approach towards leaseholders. We<br />

therefore decided to focus our review on the policies adopted by (a) the<br />

Arms Length Management Organisation (ALMO), <strong>Lewisham</strong> Homes, that<br />

manages the bulk of social housing stock in the borough; and (b) Regenter<br />

B3 19 which manages a selection of properties under a PFI contract.<br />

20. We chose these two organisations because, in both cases, the<br />

<strong>Council</strong> remains the freeholder and has legal obligations to the<br />

leaseholders living in the properties; and is ultimately responsible for<br />

ensuring that repairs and maintenance takes place and the Decent<br />

Homes standard is met. The <strong>Council</strong> therefore monitors the two<br />

organisations via a management agreement.<br />

21. We noted that if there was ever a failure by the <strong>Council</strong> to meet its<br />

obligations to <strong>Lewisham</strong> Homes and Regenter B3 leaseholders, then<br />

leaseholders could take action and issue legal proceedings in the County<br />

Court 20 . We also noted that the Leasehold Valuation Tribunal (LVT) was<br />

responsible for making decisions on various types of dispute relating to<br />

residential leasehold property, especially with regard to the reasonableness<br />

of service charges. (More information can be found on page 61).<br />

22. With regard to the Registered Social Landlords (RSLs) operating in<br />

the borough, each RSL has responsibility for its own leaseholders and<br />

the <strong>Council</strong> has no financial or legal exposure if the RSL does not<br />

properly undertake its obligations to its leaseholders. However, as we<br />

were interested in the experience of all leaseholders in the borough,<br />

whether or not the <strong>Council</strong> had any legal obligations to them, we<br />

decided to consider some information on the services provided by two<br />

of the largest RSLs working in the borough - L&Q and Hyde Housing<br />

Association - in addition to examining <strong>Lewisham</strong> Homes and Regenter<br />

B3 approaches in detail.<br />

Leases<br />

23. A lease is a binding contract that sets out the terms on which the<br />

landlord allows the leaseholder to occupy the property described in the<br />

lease. The lease outlines the obligations and rights of both the<br />

leaseholder and the landlord. A lease is enforceable in law and the parties<br />

to it cannot simply walk away from the lease or decide unilaterally to act<br />

outside the terms of it. However, variation is possible by agreement of all<br />

the parties, in certain circumstances, by application to the LVT.<br />

19. Regenter B3 is a consortium of companies specialising in housing management, repairs and refurbishment, including Pinnacle who provide the housing management<br />

services; Higgins PLC who provide the refurbishment works; and Equipe who undertake the repairs and maintenance.<br />

20. <strong>Lewisham</strong> Homes or Regenter B3 would act on behalf of the <strong>Council</strong>.<br />

The <strong>Council</strong>’s obligations to leaseholders<br />

19

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!