foster carer prog - Council meetings - Lewisham Council
foster carer prog - Council meetings - Lewisham Council
foster carer prog - Council meetings - Lewisham Council
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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