Leaseholder Handbook

Housing Management Services

Feel Good About Coming Home

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LEASEHOLDER HANDBOOK

Can we help? Call us on 0300 123 2209 to talk to someone in our Customer Care Line. If you’ve got a question about the management of your property/block or want to check your rent/service charge, this is the number to call. Our Neighbourhood Managers spend more time out and about in your neighbourhoods than they do in the office. Call the Customer Care Line if you want to find out who your Neighbourhood Manager is. Calls will be charged at local rates.

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CONTENTS

Contents Welcome

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Management of your new home

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Repairs

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Insurance

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Service charges

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Resident sales and services

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Frequently asked questions

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General complaints

36

Useful contacts

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LEASEHOLDER HANDBOOK

Welcome Welcome to your Family Mosaic Home Ownership Handbook. It gives information on how to contact us, our service standards and the obligations of shared owners and leaseholders. Please keep your handbook in a safe place so you can refer to it when you need to. You should always read it in conjunction with your lease, which lays out the specific legal relationship between you and Family Mosaic. Family Mosaic provides good quality, affordable homes and housing services to over 45,000 people and, as Chief Executive, I promise that we will always strive to provide you with the best service that we can. With very best wishes

Brendan Sarsfield Chief Executive

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MANAGEMENT OF YOUR NEW HOME

Management of your new home If you have moved into a new-built home

If you have moved into an existing property

The New Homes Team is responsible for managing your property for the first 12 months of its life. They work with our residents to ensure that they settle in well and that the property is managed to a high standard. You will be provided with the individual contact details for the New Homes Team and would have met a team member during the induction to your new home.

Every Family Mosaic property is managed by a Neighbourhood Manager (NM). The NM is responsible for monitoring the communal services that are delivered to your development. The setting and administering of service charges is managed by our Service Charge Team.

Following this 12 month period, your property will then be managed by a Neighbourhood Manager. You will be informed of the Neighbourhood Manager’s details, and you can contact them through our Customer Care Line (CCL) on 0300 123 2209 . The CCL can usually deal with most general queries, but where necessary they can ask your Neighbourhood Manager to contact you directly.

If you have a question about the management of your property or block, or you would like to check your rent or service charge, there is a dedicated Customer Care Line who deals with all such general enquiries. They can be contacted on 0300 123 2209 . They are open 8am to 5pm Tuesday and Thursday and 6pm Monday, Wednesday and Friday.

Service standards

yy We will answer telephone calls promptly yy Call backs will be carried out within 24 hours. yy We will acknowledge all emails and letters within 3 working days yy We will reply to enquiries fully within 10 working days yy Where we provide cleaning and grounds maintenance, we will inspect your estate at least once every two months

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LEASEHOLDER HANDBOOK

Your lease A lease is a private contract between you and your landlord that sets out the rights, responsibilities and duties of both the landlord and leaseholder. You should read through your lease agreement and make sure that you fully understand its contents. Your lease will allow you to occupy the property for a fixed number of years; this period is called the term of the lease. When first granted the length of most of our leases are for either 99 or 125 years. The length of the lease will then reduce over time from the date from which it was originally granted.

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yy If you are a leaseholder, often the freeholder (usually Family Mosaic) arranges for the management of the development. This includes communal cleaning, repairs and major works. The costs of these items would normally be recovered by the service charge. The leaseholder is responsible for the internal decoration and repair of their flat. On developments where Family Mosaic is not the freeholder, then the freeholder may employ an external managing agent to carry out the management duties on their behalf. yy For houses, leaseholders are responsible for carrying out all repairs.

In the case of any query or dispute, you should refer to your lease, and preferably with professional assistance. Family Mosaic will always ensure that our management of your property, tenancy and rent or service charge account follows the terms of the lease. Your lease is very important and therefore you should ensure that you have a personal copy. If you lose your lease and require a replacement Family Mosaic will charge you a fee for supplying a new copy.

Repairs and management The terms of the lease set out the responsibilities for the management of your development.

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Not all leases are the same, and therefore you should refer to your own lease to determine your personal obligations.

Forfeiture If you breach any terms of your lease we have the right to forfeit the lease and recover possession of the property.

Administrative Charges: Most of the services Family Mosaic provides incur a administration fee for the work involved. These will be covered in the initial information requested. There are fees in subletting, copy leases and most of the resident sales & service products.

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REPAIRS

Repairs If you have moved into a new-built home Problems with your home during the first twelve months The ‘defects period’ is typically the twelve months following the formal handover of the scheme to Family Mosaic. It is not twelve months from the date you move into your new home. During this time, the builder remains liable for any faults or problems with the structure of the building, the communal fixtures and fittings and any faults or structural / mechanical problems inside your homes. While goods in your home like your fridge, washing machine, cooker are not included in the defects period. If these breakdown, you should refer to the instruction manuals and guarantees/ warrantees given to you when you moved in to contact the manufacturer to arrange to have these repaired. If you discover a fault or problem during the defects period, you should report it to us on 0300 123 2209. We will ask the builder to attend to put the matter right, and can give you

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information on when the defect will be completed. If your home is not managed by Family Mosaic, then you must contact your External Managing Agent (EMA) to arrange for your repair. Family Mosaic will assist in chasing the EMA should they fail to act adequately from the leaseholder’s initial reporting of the repair. For internal defects, you will be asked to provide access to your home to ensure these can be attended to as quickly as possible. However, some non-urgent defects will be resolved at the end of the defects period. If more than one subcontractor is required to attend, this could mean multiple visits, unless one mutually convenient date can be arranged. When the defects period is due to expire, we will write to you to ask if there are any outstanding issues you would like to report. In some cases, where issues do arise, we will then arrange for a formal inspection with the builder. It is important that you do reply to the end of defects letter,

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otherwise we will assume nothing is wrong with your property, as the builder will almost always refuse to deal with any problems that are not reported before the end of defects.

Communal repairs

Builders are not responsible for repairs arising from wear and tear, damage or misuse, so it is important that you report all problems as soon as you notice them, even if the decision is taken to resolve the defect at the end of the defects period.

These should be reported using the Defects process outlined above. After the defects period expires, all communal repairs will be undertaken on behalf of the residents. Communal repairs, both during and after the defects period expires, should be reported to us on 0300 123 2209. These repairs will be paid for as part of your service charge.

During the defects period, there is sometimes a need to complete a repair to the communal parts of a scheme when something has been broken or damaged.

Otherwise, the contractor may say that the fault is down to leaseholder damage and will not agree to complete the repair. If the fault is the result of leaseholder damage or misuse, or systems such as the boiler and central heating being used incorrectly, but are not faulty, you will be recharged for the cost of the call out and any associated repair. If you are unsure how to operate your boiler and central heating, please refer to your Owners’ Manual which will include instructions on how to programme and maintain the system.

During the defects period you will be responsible for repairs inside your home caused by you or your visitors. After the defects period, you become responsible for all repairs inside your home.

Out-of-Hours Emergencies Are repairs that present serious health, safety and security risks or could result in major damage to your home. A contractor is asked to make a situation ‘safe’, not necessarily to complete the repair itself. Some examples of out-of hours emergencies during the defects period include:

Ceramic fittings PLEASE NOTE: It is especially important that you report any damage to ceramic fittings, like toilets and sinks, as soon as you move in, as any delay will most probably result in the contractor refusing to accept liability.

yySerious floods and leaks yyLift breakdowns yyComplete loss of electricity yyNo lighting throughout the house

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REPAIRS

yyExposed wires yyDamage to windows or doors which make the home insecure yyBlocked drains or toilets where there is only one w.c yyDangerous ceilings, yyplasterwork and walls

After the first year if you live in a new-build home OR if you have moved into an existing property Who is responsible for repairs? The table on pages 14 and 15 lists who is responsible for routine repairs for blocks of flats. It is a general guide and does not cover everything, your lease details the responsibilities. Although we are responsible for carrying out repairs the cost of repairs will be recovered through your service charge. Where we need to carry out a repair that will cost more than £250 per leaseholder, we must consult with you formally about the extent and cost of the works and who will carry them out. For major works and cyclical redecorations we also collect money for future maintenance of your scheme in addition to service charges for routine costs; this is

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called a “reserve fund”. This fund initially is calculated to cover the redecoration cost of the scheme, which will depend on the lease. As your scheme gets older we will also start to collect money to pay for things like replacing a roof or renewing a lift (major works). This will then ensure that you are not faced with a large bill when the work is carried out. All money collected as a reserve fund is held in trust for leaseholders. We will consult you on all works we undertake that cost more than £250 per leaseholder. We aim to recalculate the reserve fund payments every year and advise you of likely expenditure over the repairing cycle. We will talk to you about what we plan to collect for each cyclical phase in advance of setting the reserve fund budget.

Water leaks! If you are experiencing a water leak to your flat and have another flat above you, please check with your neighbour that the leak is not coming from their property before you contact us. We are only responsible for repairing leaks to communal pipe work.

Making an insurance claim for damage to your home We hope you never have any problems with your home but if you do then you may be covered by the insurance policies that we provide.

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Our responsibility

Your responsibility

Exterior walls and foundations

Gas boilers which you should arrange to be serviced annually

Roofs

Fixtures and fittings such as kitchen units and sinks

Rainwater and soil pipes

Floorboards and floor tiles

Sewers and Drains

Internal non structural walls – e.g. stud partition walls that do not support the weight of the building

Gas, water and electrical supply pipes up to the flat

Toilets, baths and showers

Lifts

Gas, water and electricity installations within the flat

Communal heating systems

Radiators, storage heaters, storage tanks and pipe work within the flat

External decorations

Internal redecoration

Common parts decoration

Leaks or burst pipes within the property

All window frames and glazing for communal windows

Glazing for your own windows

Communal entrance doors

Communal entrance doors

External communal areas (car parks, private estate roads)

Your own front door

If you live in a house you are responsible for all repairs once the defect liability period has ended.

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INSURANCE

Insurance What insurance are you provided with? This guidance is only a summary. You should refer to your own insurance policy for more detailed and up-to-date guidance, as there may be different arrangements for some new homes. From the day you move in to your property you are protected in two main ways for damage to your home. For new built properties this will be covered under NHBC (National House Builders Council) insurance cover, or an equivalent property guarantee approved by the Council of Mortgage Lenders. Building insurance is also taken out on your behalf by Family Mosaic, although some properties have buildings Insurance with an external managing agent.

What is covered by the insurance? Defects In a newly built property the contractor is responsible for any defects in design or construction of the building for a period of time. This is usually one year after the date of ‘handover’. Handover takes place

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when Family Mosaic takes the property from the builder having agreed that the builder has fulfilled the obligations in the building contract. The builder’s liability does not therefore run for a year from when you move in, which may be some time after the handover to Family Mosaic. NHBC insurance The builder will register your home with the NHBC. During the first two years after handover, the builder is responsible for loss or damage to the property as a result of it not being built to the standard agreed with the NHBC. This is in addition to the builder’s liability for putting right defects in the first year. If the builder does not rectify the damage then the NHBC will intervene. Most of the homes we build are covered by this insurance, however on occasion we use other insurance with different terms – we recommend that you check your policy documents for verification. From year three to year ten, the NHBC covers damage resulting from defects in the structure of the property. This includes the builder’s failure to comply with Building regulations. There is an excess of £650 per claim.

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Building Insurance This covers accidental damage to the building and our legal liabilities as the freeholder. The policy does not cover your personal belongings. There is an excess of £100 per claim (and subsidence damage of £1,000) payable under this insurance. The Building Insurance policy document (see www.familymosaic.co.uk) explains this in more detail, but you may find the following clarifications helpful in deciding whether you can make a claim. Accidental damage If you, your family or your guests accidentally damage the building, then you will be covered. Here are some examples to help illustrate these definitions of building insurance. They are illustrative only and each claim will be assessed on its own merits. Example 1 There is an accidental fire in your kitchen that causes extensive damage. What could you claim for? You can claim for damage to the building itself, such as the walls. You can also claim for any fixtures and fittings that were installed before you purchased the property, for example an oven. But you cannot claim for personal possessions – i.e. the things you have bought to put in your home. You are also covered for malicious damage (vandalism). The policy

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defines the ‘insured risks’ in more detail. Please Note that it does not cover damage caused by negligence or that caused on purpose by your family, guests or pets. ‘The building’: This covers the structure of the building, including any yards, car parks, pavements and fences. It also covers fixtures and fittings, which may be in the common parts of the building or in your home. For example, baths sinks and doors are fixtures and fittings. If your decorations are damaged by an ‘insured risk’ (see above) they will be covered. ‘Personal belongings’: The building insurance does not cover things you have bought to put in your home and does not cover decorations and finishes. Example 2 Water comes into your bedroom from a flat above you. It damages your clothes, decorations and the ceiling. What could you claim for? You could claim for repair to the ceiling and redecoration through the building insurance. Your belongings should be covered by your contents insurance policy. Example 3 You have bought a mirror which you are fixing above the sink in your bathroom. You accidentally drop a hammer which cracks the sink so badly that it needs to be replaced. What could you claim for?

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Although it is a fitting, the mirror is also your personal possession so you cannot claim for it. This is because it was not part of the fixtures and fittings when the policy began. The sink is a fixture provided as part of the home you bought, so you could claim for that. If any tiles or wall paper had to be replaced as a result of fitting the new sink, you could not claim for it because these are decorations or finishes. However, if you have taken out home contents insurance you may be able to claim from that. Example 4 The boiler springs a serious leak accidentally and your home floods. What could you claim for? The boiler is a fixture so you can claim for a replacement. You could not claim for any damage to carpets or belongings as a result of the flooding. As in example one, this may be covered by home contents insurance. Example 5 Vandals have got into the car park, damaged the parking bollards and sprayed graffiti on the car park wall. What could you claim for? The cost of replacing the bollards would be covered by insurance. The cost of removing the graffiti would have to be paid from the service charge.

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How do you claim? When you bought your home you would have received a copy of the Building Insurance and the NHBC insurance cover (or equivalent). You should refer to this for detailed advice. If you live in a newly built property until the defects period is over, report the claim to us on 0300 123 2209 . If the damage is outside your home: We will investigate to determine whether it should be dealt with as a repair or whether to make a claim through one of the insurance policies. Report it to our Customer Care Line on 0300 123 2209 Report the claim yourself: If the damage is inside your home, in the first instance you should report it to the Building Insurers directly in order to avoid delays in processing your claim. The insurers will then investigate your claim. If they think it should be handled by the NHBC, they will pass the matter on to them.

Who pays the excess? Where the damage or loss is in the communal areas, the excess will be met from the service charge fund. All residents benefit from the highly competitive insurance rates that Family Mosaic is able to secure – which are well below what any

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individual would be able to obtain. Having an excess on the policies helps to keep the rates low and since all residents benefit from that, all residents share the risk if there is a claim. If the claim only relates to damage in your own home, then you will be responsible for paying the excess. However the insurers may be able to help you recover the money from a third party if they have been negligent.

Any further questions?

Other things to remember:

For further details on the Homeowners and the Building Insurance policy:

Always comply with any health & safety regulations that are brought to your attention, minimise the risk and take steps to avoid further loss. For example, if there is water coming into your home you need to make sure you take reasonable steps to stop it. Be sure to report any crime to the police and get a crime reference number from them. Contact Family Mosaic or the insurance company as soon as possible, and do not arrange for permanent repairs without the insurer’s permission. The policy is subject to the relevant excess for each and every claim Contents insurance: It is your responsibility to insure the contents of your home. You should take out a policy specific to the type of property in which you live. For example, if you live in a block of flats you should insure against damage to your property and decorations caused by a leak from the leaseholder living above you.

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Contact our Customer Care Line on 0300 123 2209 . Or visit our website www. familymosaic.co.uk

Useful links: For further details of the NHBC cover and for NHBC publications and general information about the NHBC service go to http://www.nhbc.co.uk/

Write to; Zurich Municipal, Property Claims Unit, PO Box 108, Farnborough GU14 0XQ. Email; zmpropertyclaims@ uk.zurich.com. Or phone; 0800 028 0336 Fax; 0845 600 0083. Policy Ref; JHA – 22S155 – 0013

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SERVICE CHARGES

Service Charges Guide to Service Charges One of the key aspects of being a leaseholder is that you will be required to pay a service charge. This is a sum of money which covers your share of the cost of maintaining the communal area and demise of your development. It is very important that you understand how service charges work, how they are calculated, charged, and your rights and responsibilities. Family Mosaic is dedicated to ensuring that we are fully transparent with you over the costs involved in being a leaseholder. This is a short guide explaining the basic components and rules of service charges. Please take the time to read this carefully, and also review the service charge budget for the development which you are living in. If you have any questions on your development’s service charge budget, or on service charges in general, please contact the our Customer Care Line on 0300 123 2209 .

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What are the differences between Family Mosaic managed developments, and developments managed by an external managing agent? Most of Family Mosaic’s developments are built for us, however there are some developments built by private developers, where the developer has built a number of affordable homes as part of the conditions of their planning agreement. The developer has then worked with Family Mosaic to provide these homes. Some of these developments are managed by an external managing agent rather than Family Mosaic. These private managing agents will also produce the service charges for their development. There are a number of differences between developments managed by Family Mosaic and those managed by an external managing agent. Opposite is a list of some of the main differences.

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Family Mosaic Managed Developments

External Managing Agent (EMA) Managed Developments

Family Mosaic set up the service charge budget

The EMA sets up the service charge budget. FM carefully analyses this budget, and challenge where necessary. But ultimately the charges levied can vary substantially between different EMAs, as well as be somewhat different to what Family Mosaic would charge if we were managing the development ourselves

Family Mosaic charge a management fee to cover our costs

The EMA charges a management fee to cover their costs and profit margin. FM also add a reduced management fee on top of the EMA’s figures to cover our costs (e.g. maintenance of your rent and service charge account, and the cost of running our customer care line), as well as an audit fee to cover the cost of producing annual accounts. Our charges are combined with the EMAs’ costs, so that leaseholders just pay one monthly charge.

Family Mosaic manages and controls all the communal area maintenance Sand repairs in the development

The EMA manages and controls all the communal area maintenance and repairs in the development. This will mean that the frequency that EMAs carry out services, such as cleaning, may vary from the frequency of services at FM managed developments.

What are service charges composed of? Below is a list of items which are commonly found in service charge budgets. Every service charge budget is different, so your particular budget may not include all of the below items. It may also include some items which are not listed. How much you pay is dictated by the terms of your lease. You cannot be charged for any costs that the lease does not allow for. Communal Lighting Cost of repairing lighting and replacing bulbs Communal Repairs Cost of general repairs to the communal areas of the development (e.g. repairing a broken bin store door) Cleaning A cleaning company will be employed to keep the communal areas clean.

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SERVICE CHARGES

Cleaning is typically done on a weekly basis, although the regularity of cleaning can vary from development to development. Door entry systems Cost of maintaining the intercom system. If the intercom handset in your flat is faulty, this will be fixed by Family Mosaic (or on some developments by the managing agents) as a communal repair, as the handset is part of a communal system. Gardening and grounds maintenance Cost of gardening and external sweeping and litter picking. Gardening is normally more regular during spring and summer time, as plants and grass grow more quickly so require more frequent tending. Building insurance Cost of insuring the structure of your home. Please be aware that you do not need to take out your own building insurance. However building insurance is separate from contents insurance, which is not included in the policy we provide. You should arrange your own contents insurance. For more information see the separate section on insurance in this handbook.

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Management Fee This covers the financial and administrative running costs of providing our service to leaseholders. This is a flat rate fee dependent on the type of property and whether we manage the development, or whether it is managed by an external managing agent. Audit Fee Cost of an independent audit of the service charge accounts at the end of each financial year. Reserve Fund (sometimes called a Sinking Fund) This is money held in an interest gathering bank account, and is put aside to contribute towards the cost of future cyclical decorations and/or major works to the block or estate. The aim of this fund is to cover the cost of major works, so that leaseholders are not faced with large bills when the works take place. If there is not enough money in the reserve fund to pay for these works, then leaseholders will have to make up the difference. Money paid into the reserve fund is non refundable, so for example if you were to sell your home, you would not be repaid your previous reserve fund contributions, even if no major works had been carried out. Your solicitor should make it clear to any prospective purchaser how much money you have paid into the fund.

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Bin hire

Dry risers

Often bins are hired from the council, rather than purchased. This hire fee covers the cost of any necessary bin repairs or replacements.

These are pipes leading to communal hallways and stairwells which the fire brigade can connect their fire engine’s water supply to. These also require regular maintenance and safety checks.

Bulk refuse clearance Cost of removing items such as furniture, which the council will not remove as part of normal weekly collections. Family Mosaic strongly encourages residents to arrange for their own removals of bulky items, to reduce service charge expenditure on this item. Electricity Cost of supplying electricity to the communal areas, e.g. to the lift, communal lighting and door entry system. Lift maintenance Cost of servicing, maintaining and repairing the lift. Lift telephone Many modern lifts have an emergency call button that puts the caller through to a contractor. This service requires a telephone line with its own number, as well as a number of test calls each month. AOV (Automatic Opening Ventilation) System These automatically open to allow smoke to be taken out of the building. These require regular servicing.

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Emergency Lighting When there is a power cut, emergency lighting will automatically switch on, so that there is still lighting inside internal communal hallways and stairwells. Lightning Protection Many larger developments are fitted with lightning protection systems, which ground any lightning strike into the ground below the development. Man safe systems These are secure wires installed on flat roofs, which any contractor working on the roof can secure themselves to using a safety harness. Man safe systems require an annual safety check. Water pumps/boosters Taller blocks require water pumps to ensure all flats can receive an acceptable level of pressure on their water supply. Sometimes these systems also include a water tank, which also requires servicing. Water tanks require legionella testing.

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Communal boilers Many new developments contain communal heating and hot water systems. These systems have a large central boiler that typically feeds heating and hot water into every property, rather than each property having its own boiler. These systems are expensive to maintain and service. Many systems also require that they are kept to a regular temperature all the time, meaning that they will need to be heated up (usually via a gas supply), even when there is little usage, for example during the middle of the night. Leaseholders will usually be charged separately for their heating and hot water usage costs (as these are not service chargeable items); these bills are normally based on meter readings. If you have a communal boiler we will recover the cost of heating hot water instead of you paying through your gas and electricity bills. You will often benefit through economies of scale. Playground equipment Cost of carrying out safety inspections and repairs Other Mechanical and Electrical Services There can be a number of mechanical and electrical services in new developments that require maintaining and servicing.

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Examples include sprinkler systems, drainage systems, CCTV and electric vehicle gates. On site staff Some larger developments feature on site staff, such as caretakers and/or a concierge service.

Estimating the service charge: Service charge budgets are an estimate based on what Family Mosaic (or in some cases the external managing agent) believes the costs of maintaining the communal parts of the development will be over the financial year. With a new development, Family Mosaic will obtain quotes for items such as cleaning and lift maintenance, and estimate annual charges for items such as electricity use and communal repairs. After a couple of years we will have a better idea of the cost of managing a development, so we should be able to set more accurate service charge budgets. However it can take just one very expensive repair to send a previously balanced budget into a deficit. In new developments the service charge costs can sometimes increase sharply after the first year as the actual cost of providing services becomes clear and the constructor’s warranty on items within the development expires. The monthly

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payments you make for your service charges during the year are known as “on account” payments and will be based on the budget. At the end of the financial year we will reconcile the actual cost of providing services against the budget and ascertain whether the overall service charge account is showing a surplus or a deficit.

indefinite time extension on providing the audited accounts.

Year End Actual Service Charges:

Ground rent is an annual charge levied by the freeholders of a development onto the leaseholder. The level of ground rent charged is bound by the terms of the lease. In developments where Family Mosaic own the freehold, we do not charge ground rent to leaseholders unless you staircase to 100% ownership of their property.

If your share of the actual costs for the year is lower than what we have already charged you in ‘on account’ payments we will refund you the difference. This refund will be applied to your rent and service charge account. On request you can have the refund paid directly into your bank account or you can use it to reduce the on account payments you are making for the current year. Conversely if your share of the actual costs is greater than what you have already been charged on account you will have to pay the difference. This payment must be made within 28 days of receipt of your final accounts. Family Mosaic have to provide leaseholders with a copy of the financial year’s audited accounts within 6 months from the end of that financial year (that is, by October). If we are unable to make this deadline, then we will send leaseholders a Section 20b Notice, which grants us an

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Any deficit between your estimated on account payments and your share of the actual costs at year end will need to be paid within 28 days of receipt of your final accounts.

Ground Rent:

However at developments where Family Mosaic is not the freeholder, ground rent is sometimes liable to be paid by shared owners, as well as 100% leaseholders. At these non Family Mosaic owned developments we will normally charge you the ground rent through your service charge payments.

Charging of Cyclical and Major Works: For developments that Family Mosaic own and manage, we aim to carry out major cyclical works every five years. These works include items such as redecorating communal areas, and items such as window replacement and roof renewal when appropriate.

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We hope to cover the cost of these works via money collected in the reserve fund, but if the reserve fund is not sufficient to cover the full cost of the works, then Family Mosaic will need to recharge each leaseholder their share of the deficit. This will be done via a separate invoice, rather than via service charges. Leaseholders will be expected to make payment within 30 days.

Section 20 Consultation: According to Section 20 of the Landlord and Tenant Act 1985 (as amended) if works are required that will cost more than £250 per resident the landlord or managing agent is legally bound to carry out a consultation process with residents. This gives residents the chance to formally comment on the works as well as nominate their own choice of contractor to carry them out. Similarly, if a landlord or managing agent enters into a long term agreement (more than 12 months) with a supplier that will cost more than £100 per resident, per year they are required to carry out Section 20 Consultation with residents. If the works are urgent and cannot wait for the consultation to be carried out (for example if a security system needs replacing), then Family Mosaic can apply retrospectively to the Leasehold Valuation

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Tribunal without going through the Section 20 consultation process.

Making payment of service charges: Service charges are charged on a monthly basis at the beginning of the month and collected as a joint payment along with your monthly rent charge if you are a shared owner. Family Mosaic prefer to take payment via a direct debit, although leaseholders can set up a standing order.

Enquiring or Complaining about Service Charges and the Role of the LVT: Once you have purchased your property, if you have any queries over service charges, then you will need to contact Family Mosaic’s Customer Care Line on 0300 123 2209 , who will be happy to help. If you believe that your service charge is too high or unreasonable relative to the works carried out or that any fees that comprise the service charge are unreasonable – then the Customer Care Line will instruct the Service Charge Team to investigate and provide you with an explanation. This does not affect your right in anyway to go to the Leasehold Valuation Tribunal (LVT). The LVT is empowered by the government to rule on disputes related to service charges. More information

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on the LVT can be found at www.direct. gov.uk Application to the LVT may be a chargeable service. If you are not happy with the recommendations of the LVT, you may appeal to the Lands Tribunal under section 175 of the Commonhold and Leasehold Reform Act 2002.

You should make yourself aware of what services you are being charged for as these are all non-negotiable and will not be changed at a later date. You should also make yourself aware of the proportion of the overall budget that you will be paying for your property, as again this is non-negotiable.

Audited Accounts:

Your lease: The lease you have signed is the contract between Family Mosaic and yourself, and it will typically specify that you will pay a ‘fair and reasonable’ proportion of the overall service charge budget. It is very important that you read the lease thoroughly, as we will not consider negotiating the terms of the lease, or amending the lease in the future. The lease will state that Family Mosaic can recover from you the cost of managing your development. Some flats will have their own external entrances, so residents of these flats will not need to use the internal communal hallways and associated items such as lifts and AOV system. However, usually these flats will still be charged the full service charge, as permitted by the lease. If you are buying a property with its own external entrance door it is important you understand this, as this is non negotiable.

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Leaseholders living in developments containing five or more leasehold properties are sent a copy of the audited accounts at the end of every financial year. We aim to get a copy of the audited accounts sent to you by 30th September each year. The accounts confirm the money spent on every item in the service charge, as well if there is an overall credit or debit.

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SERVICE CHARGES

Common Questions:

yy Cheque

How should I make a payment? Your lease requires you to make payment in advance on the first of each month. We encourage all leaseholders to pay by Direct Debit through AllPay. You can also pay through the Post Office using an AllPay payment card or by sending us a cheque or by making a credit/ debit card payment over the phone by calling our Customer Care Line on 0300 123 2209 . If you have problems paying you should immediately contact the Customer Care Line on 0300 123 2209 . Please remember your home is at risk if you do not keep up the repayments on it.

Please quote your account reference number on the back of the cheque, your name and address to enable us to recognise your payment and allocate it to your account. yy Credit card and debit cards Please call our Customer Care Line on 0300 123 2209 who will be happy to take your payment over the telephone. yy Internet banking If you need details to set up payment by internet banking, please call our Customer Care Line on 0300 123 2209. yy Direct debit, standing order or payment plan-

We also offer an independent debt advice service for any leaseholder with multiple debt problems. Please contact the Customer Care Line for further advice on this service on 0300 123 2209 .

Please call our Customer Care line on 0300 123 2209 who will be happy to help. If one of these methods is agreed your invoice must be paid in full no later than 31 March the following financial year.

Actual or estimated service charges and / or major works charges

What happens if your invoice is not paid?

Your lease requires you to make payment for estimated service charges and major work charges. We issue an invoice which is due for payment within 30 days. What are the methods of payment? yy Bank transfer Please quote your account reference number as the banking reference to enable us to recognise your payment and allocate it to your account.

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If after 30 days your invoice remains unpaid and you have not set up a direct debit or agreed payment plan, we will contact you to discuss reasons for nonpayment. Should you not make payment we will pursue the debt according to the terms of your lease and if necessary we will pass your account to external solicitors and/ or contact your mortgage provider. Please note further possession proceedings may be taken against you which could result in your home being at risk.

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Do service charges cover the cost of maintaining my individual property? No, they only cover the cost of maintaining the communal (shared) areas of the development, e.g. communal hallways, the entrance lobby area, shared gardens and the cost of maintaining external walls and the roof. Leaseholders are responsible for maintaining the inside of their own property, including all necessary repairs and decoration. This is apart from during the Defects Liability Period, where the contractor will rectify any defects that occur inside your home. (See separate section of the handbook for more information on defects). Is the cost of rectifying defects during the Defects Liability Period charged through service charges? No, the cost of rectifying defects is picked up by the contractor. However if the contractor assesses that a defect has been caused by misuse by the resident, then the resident will be directly charged for the associated repair and callout fee. Why are my neighbours being charged a different service charge than me? In some developments everyone pays the same service charge, whereas in other developments service charges are based on the size of the property (meaning those with large flats pay a higher charge).

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In some Family Mosaic developments the charge you pay depends on how many bedrooms your property contains. I live on the ground floor, why should I pay for the lift when I never use it? Although you live on the ground floor, your property would still benefit from having the lift, as it gives access to all floors including the roof – therefore the lift will be used by any visiting contractors attending to fix a communal repair, such as a faulty communal television system, or a roof repair. When is your financial year end date? Our financial year runs from April 1st through to March 31st. What happens if I cannot afford to pay my service charge? Family Mosaic takes payment of rent and service charge very seriously, and we will commence our arrears collection procedure against any leaseholder who falls behind with payments. If leaseholders believe that they are not able to make payments, then they will need to urgently contact our Credit Control Team to discuss their options. Ultimately if a leaseholder can continuously not afford to pay their monthly rent and service charge, then they will need to sell their home. Purchasing a home is a very big decision and you must be sure you can afford the commitment you are taking on.

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SERVICE CHARGES

Will my service charge payments go up in the future? Service charges generally do rise year on year, mainly due to inflation but sometimes because of service enhancements. It is not unheard of for service charges to reduce, but this is rare. It is very common for service charges to rise after the first year, and purchasers should be aware of this, and take this into account when ascertaining whether a service charge is affordable in terms of their budget. I know people who live in other developments who pay much less service charge than I do. Every development is different in terms of the services it requires, and the cost of managing the block satisfactorily. Family Mosaic aim to keep our service charges as low as possible, but also at a realistic level, so that we are not underestimating costs, resulting in a deficit at the end of the financial year. We believe our management fee is exceptional value for money, when compared with what most managing agents charge.

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My service charge contains a provision for services that we have not had during the year. Why should I pay for something which hasn’t been done? If Family Mosaic has collected money from residents via service charges and one of the services that make up service charges has not had any expenditure on it then there is likely to be a surplus on this item when the accounts are reconciled at the end of the financial year. If there is an overall surplus on the budget, then we will refund this money back to residents. Family Mosaic are not allowed to make a profit on service charges, and the management fee only covers our cost of delivering services to your development so any surpluses will always be refunded to residents. Evidence of the surplus will be shown on the audited accounts.

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RESIDENT SALES & SERVICES

Resident Sales & Services Selling your shared ownership home If you wish to sell your shared ownership home, contact our Resident Sales Team who offer a unique and market leading service to assist you in selling your home. Under the terms of the lease if you own less than 100% of your home you must: yyAdvise Family Mosaic in writing that you wish to sell your home. yyHave a valuation undertaken by an independent RICS qualified valuer. We have a panel of RICS qualified valuers who help a lot of our Leaseholders when selling their home (not an estate agent) to determine the current market value of your home. This report will include comparables of recently sold properties within your area. This valuation determines the price your home will be marketed at. yyMeet the valuation costs and any other legal fees incurred with selling your home (including Family Mosaic’s legal expenses). yyAllow Family Mosaic 8 week’s initial marketing of your home from when you notify us to sell your home at the price stated by the valuation to find a suitable buyer. A marketing fee will be payable – usually a minimum of

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1.5% plus VAT of the owned equity value you own (a non-refundable administration fee of £350 is payable to commence marketing which will be deducted from the marketing fee at completion). Before you can put your home on the market for sale with us or anyone else you must obtain an Energy Performance Certificate (EPC), which you must ask an EPC provider to supply before we can market your property. We have a number of providers used by previous leaseholder or alternative you can visit the Domestic EPC Register at www.epcregister.com for other providers. In the unlikely event that we have been unsuccessful in finding a buyer within the 8 weeks, you may if you wish instruct an Estate Agent to market your property or alternatively you may continue marketing with Family Mosaic. Please note – all potential buyers of shared ownership resale properties must meet the affordable home requirements and be registered and approved by FIRSTSTEPSLondon for London properties, or the local Homebuy agent if your property is outside London.

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Their job is to ensure applicants are meeting the Government’s requirements for shared ownership homes. In some circumstances, where it is difficult to find a buyer, we may approve a buyer to buy the whole of your home, buying the remainder of the share direct from Family Mosaic. It can take several months to sell your home, especially if a prospective buyer drops out or if you are in a chain of buyers and sellers. For more information contact the Resident Sales team at [email protected] or call our Customer Care Line on 0300 123 2209

Owned outright If you own 100% of your property you may sell your property on the open market through an Estate Agent paying the Estate Agent’s fees for selling. The lease for your property is with Family Mosaic and we continue to manage and collect the ground rent and service charges for the building. It is therefore very important that you ensure your solicitor provides us with the new owner’s details so that we can update the ownership of the property.

Legal administration of a sale or re-mortgage During the sale of a property there are a number of legal processes which will need to be dealt with during your sale.

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Family Mosaic will be asked by your solicitor to undertake a number of these duties, some of which will need our solicitors to act for us. Under the terms of the lease our solicitor’s legal expenses are to be paid by the existing leaseholder. Family Mosaic may also be asked to undertake some or all of the following which will incur an administration fee: Leasehold/Solicitors Enquiries: Your buyer through their solicitor will raise questions regarding the property which will require Family Mosaic to answer. These can be detailed requests regarding service charge expenses, service charge account, major works, sinking funds, ground rent, disputes, fire assessments, insurance and building regulations. Notices: The buyer’s solicitor should issue Family Mosaic with a transfer notice or charge notice that informs us of the name of the new owner and lender. If you are re-mortgaging, your solicitor will issue a charge notice to advise us of the new lender. These are legal requirements and again have to be checked and approved. Deeds of Variation: Occasionally, we are asked to approve variation to the lease in order for the sale to be complete. These will only be agreed if they are not to the detriment of other residents or the mortgage provider.

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It’s very important to receive the Notices as without them we cannot update our records and you as the seller will still be liable for any rent and service charge. The buyer and mortgage provider will also not be recorded on our records, and therefore not covered on our building insurance policy. For more information please contact the Resident Sales team at resident.sales@familymosaic. co.uk or call our Customer Care Line on 0300 123 2209 .

Buying more shares in your home We are happy to assist our leaseholders of shared ownership properties to buy further shares in your property when they can afford to. This is known as staircasing. The greater the share you buy in your home the less rent you pay to Family Mosaic. If you staircase to 100% you become an outright owner, and pay no rent except the ground rent to us. Under the terms of your lease you must: yy Advise Family Mosaic in writing that you wish to buy further shares in your home. yy Have a valuation undertaken by an independent RICS qualified valuer (not an estate agent) to determine the current market value of your home. This report will include comparables of recently sold properties within your area. This valuation determines the price for calculating the premium you would pay to buy the additional share you wish to. yy Meet the valuation costs of obtaining the current market value of your home.

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yy Not have any arrears on your rent and / or service charge accounts (if you do these must be cleared). You will incur legal expenses when staircasing and therefore care must be taken when deciding the additional share you wish to buy. Generally you may buy the property outright in up to 4 separate transactions – the first being the initial purchase. The minimum additional share you can buy is 10%. It is advisable to initially refer to your lease for clarification, as leases vary slightly according to when the property was built and first occupied.

Re-mortgages When you originally bought your home you may have financed the purchase with the help of a mortgage. Over time, your financial situation may change and you may review your finances with the help and support of a financial advisor or mortgage provider to source a better mortgage deal. As we have a financial interest in your home it is important that we are aware of and agree to any changes in your lender or any increase in how much you are borrowing. You must therefore notify us in advance of any re-mortgage so that we can check all the details of your application to ensure it meets with affordable home guidelines and our requirements. This also ensures we are aware of the lenders interest in the property for the insurance and

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allows us to prepare the legal requirements for changes to a property title. There are three possible reasons you may want to re-mortgage: yy Re-mortgage (to move from your existing lender to another lender, but without increasing your borrowing) yy Further advance (stay with the same lender, but to borrow additional money) yy Re-mortgage with a further advance A further advance can only be approved for home improvements to your property. To protect Family Mosaic’s interests and safeguard your position, and those of other leaseholders in your building it is important that you inform us if you are considering re-mortgaging to undertake home improvements to your property. We need to ensure that home improvements meet with building regulations and comply with professional installation standards to prevent invalidating the building insurance and putting other residents at risk. For straightforward home improvements such as a new kitchen, bathroom or flooring you need to send copies of quotations and invoices. Our surveyor may visit your property to ensure the works won’t cause any problems to the building. After approval and the works have been carried out you will need to provide receipts and also professional installation certificates i.e. gas / electrical certificates.

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For more complex home improvements, such as extensions, you will need to provide planning permission from the local authority, Architect’s plans and will most certainly require a visit from our surveyor. It must be noted that not all home improvements will increase the value of your property by the amount you spend, so careful consideration should be taken before undertaking home improvements. Before starting any home improvements you must submit your “Right to Improve” application and supporting documentation to Family Mosaic’s Asset Management team for approval. In some circumstances re-mortgaging can involve adding or removing someone from the mortgage and lease. This is known as a deed of transfer or transfer of equity and you will need to take legal advice on the process. If you are a Leaseholder of a shared ownership property, any changes to the ownership must be approved and meet with the Governments affordable homes criteria. For more information on applying for approval to re-mortgage please contact the Resident Sales Team at [email protected] or call our Customer Care Line on 0300 123 2209 . To apply to undertake Home Improvements please call our Customer Care Line on 0300 123 2209 .

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RESIDENT SALES & SERVICES

Extending your Lease Your lease will almost certainly be for a term of 99 or 125 years. Once there are 80 years or less remaining on the lease it is known as being “short”. Many leaseholders will already be aware that when a lease becomes “short” it affects the value of that lease and may create difficulties if you wish to sell or re-mortgage. A lease extension is a statutory right for 100% owned flats, provided you meet the qualifying criteria stated within this guide. It is not a statutory right for a shared owner to have a lease extension granted, however Family Mosaic recognise the benefits of lease extensions for our leaseholders and we offer an informal process.

Qualification for extending a lease: In order to claim the right to a leasehold extension, the leaseholder must satisfy certain conditions: yy The existing lease must be for an original term exceeding 21 years (it does not matter how much of the term is left). yy The Leaseholder needs to have owned the property for two years. A leaseholder who satisfies these conditions has a “right” to be granted a new lease for an additional term of 90 years at a peppercorn rent. There are two ways you can extend the lease and you must speak with your legal advisor for the best option for yourself:

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Informal (For outright and shared ownership leaseholders) – This may be quicker and less costly in terms of legal fees. Formal (For outright leaseholders only) – This is prescribed by law; to continue by this route you will need to serve a statutory notice under section 42 of the Leasehold Reform Act 1993. For more information contact the Resident Sales Team at [email protected] or call our Customer Care Line on 0300 123 2209

Enfranchisement – Buying the freehold of the building Enfranchisement means buying the freehold of a building. It is a statutory right given to leaseholders collectively. However, Family Mosaic is a charity and properties used for Family Mosaic’s charitable purposes, including shared ownership properties, are exempt. Family Mosaic may however consider selling the freehold of a building if all residents in the building own their properties outright, i.e. who are not shared owners or tenants. For more information contact the Resident Sales Team at [email protected] or call our Customer Care Line on 0300 123 2209 .

Information for Executors The loss of a loved one is a very distressing time and we will do all we can to help and will support you through the steps you need to take to deal with the property.

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Selling or transferring a property after someone has died can be a very slow and frustrating process due to the legal implications within probate, but we aim to deal efficiently with this to try to minimise the distress for you.

personal representatives, along with the deceased’s other assets, as part of the probate process. Family Mosaic will advise the personal representative of any rent and service charges due to be paid. These are due monthly and the figure will alter depending on what happens to the property and when the rent and service charge remain payable while the property is part of the deceased’s estate.

To do this we will require the person with the necessary authority to deal with the deceased’s affairs to provide the following: yy Their name and correspondence address yy A copy of the death certificate

The personal representative will need to inform Family Mosaic as soon as possible what they propose to do with the property.

yy Confirmation of their authority Authority will usually take the form of a grant of representation, a document obtained from the court that proves the legal authority of the person entrusted to deal with a deceased person’s estate. This person is known as the “personal representative”. The grant of representation will take one the following forms depending on if the deceased had a will or not:

A grant of probate If there is a will appointing a personal representative, he or she is known as the executor.

A grant of letters of administration If there is no will (or if the will is invalid), the personal representative is known as the administrator.

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The options are: yy The property is to be sold. This will follow Family Mosaic’s Re-sales procedures if part owned, or through the open market via an Estate Agent if owned outright. yy It may in some circumstances be transferred to a family member on intestacy or a person named in the Will as a beneficiary inherits the property yy If the property is part owned, the personal representative may decide to buy the remaining share in the property as an investment. Buying the additional share is known as ‘staircasing’ and would follow the Family Mosaic staircasing procedures.

The shared ownership home is part of the deceased’s estate and is dealt with by the

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For more information contact the Resident Sales Team at [email protected] or call our Customer Care Line on 0300 123 2209

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FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions Can I put up a satellite dish? We do not allow individual satellite dishes to be erected on blocks of flats as this often breaches planning conditions, are unsightly and can cause damage to buildings. Newer developments often have a communal dish provided, or a service provider will normally be prepared to erect a communal system if a number of leaseholders want one. If you do erect a satellite dish it will be removed and you will be charged for the cost of this.

How do I comment on the cleaning of the communal areas? You can contact the cleaning contractor directly or you can speak to the Customer Care Line on 0300 123 2209 . We will give you a copy of the cleaning specification so you know what you are paying for. Generally internal parts and refuse areas are cleaned weekly and we do gardening fortnightly from May to October. We carry out regular estate inspections which residents are welcome to attend. We will also display a copy of our inspection report on the communal notice board.

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How can I become involved in the management of my home? We encourage you to set up Resident Associations within your developments, so that your issues can be raised as one. We also have set up a Leasehold Forum where we consult with members on general issues of service delivery. To get involved call the Customer Care Line on 0300 123 2209 .

How can I buy more shares in my home? Buying additional shares is called “staircasing”. After you have bought your initial share you can buy further shares called “tranches”. The minimum tranche you can buy is 10% and you can usually purchase up to 100% of your home. If you wish to buy a further share, we will arrange for an independent surveyor to value your home (you need to pay for this before we instruct the surveyor). Once you know the valuation you can decide how much you want to buy. You will then be able to instruct a solicitor to deal with your purchase and will also have to pay the costs of our solicitor. As you buy more of your property your rent will reduce.

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When you own 100% no rent is payable, and you will only have to pay service charges if you live in a flat or on an estate.

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yyOr anything which could affect the structure of your home.

Can I sublet my home? If you are a shared owner you would not normally be able to sublet your home unless you have a compelling social reason, such as having to re-locate because of employment. If you own 100% of the equity in your property then you can sublet your home, however you will need to give us a contact address whilst you are not living there. You will remain responsible for paying relevant charges for your property. If your tenant causes nuisance then you will be responsible and you could lose your home. There is a charge for this permission.

Can I improve my home? We want to give you as much freedom as possible to change your home in the way you want, but we do need to make sure that any changes will not have negative implications for other owners or affect the structure of the building. You therefore need to get our written permission to carry out improvements to your home. By improvements we mean: yyExtensions yyConservatories yyChanging windows and external doors yyAnything which would require scaffolding or access to communal facilities

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Before we can consider granting permission one of our surveyors may have to visit your property. There is a charge for this service.

Can I leave my cycle or push chair on the communal landings? It is important to keep hallways and landings clear at all times because they are a means of escape in the case of a fire. If anything is left in a hallway we will ask you to remove it. If you do not we will remove the item and temporarily store it before disposing of it. You are liable for any cost we incur.

Can Family Mosaic provide me with a copy of my lease? Your solicitor should provide you with a copy of your lease when you complete the purchase of your property. If however, you have lost the copy of your lease or did not receive one originally, Family Mosaic can assist with a replacement, but there is a charge for this service.

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GENERAL COMPLAINTS & USEFUL CONTACTS

General Complaints General Feedback: We encourage residents to let us know what they think of our services, whether their experience is positive or not. We try to learn from what goes right as well as what goes wrong. If you have received good service from us and what to alert us to it then you can do so through our web site (www. familymosaic.co.uk/tenant-zone). If you wish to make a complaint then please contact our Customer Care Line on 0300 123 2209 . In the first instance we will try to put things right for you where possible. If we can’t, or you feel that our remedy is insufficient you can make a formal complaint.

There are three stages to our formal complaints procedure: Stage One You can fill out a complaints form and send it to us, either in writing, or on line at www.familymosaic.co.uk or by calling our Customer Care Line on 0300 123 2209 .

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We will confirm to you that we have received the complaint within three working days and will respond within ten working days. Stage Two If you are not satisfied with our response, you can appeal direct to our Central Customer Relations Management Team (CRMT) who will conduct an investigation and reply within ten working days. Stage Three If you still not satisfied, you can ask for your complaint to be reviewed by a Complaints Panel. The panel comprises two members of our Board of Management, one of whom is a resident, and a Group Director. They will review all the correspondence to date and the case history and then hold a hearing that you can attend to put your case. More information on our complaints process can be found on our web site http://www.familymosaic.co.uk/tenant-zone/ making-a-complaint

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Useful Contacts We hope you enjoy your new home. Here is a recap of useful numbers listed in this handbook Family Mosaic Contacts: Customer Care Line

Leasehold Advisory Service

0300 123 2209

Maple House 149 Tottenham Court Road London W1T 7BN

Repairs during defects and Communal Repairs 0300 123 2209

Tel: 020 7383 9800

Resident Sales 0207 089 1082 / 1206 / 1284 / 1339 New Homes Manager

www.lease-advice.org.uk Leasehold Valuation Tribunal Tel: 0845 600 3178

020 7089 1242

www.rpts.gov.uk

To get involved

Zurich Municpal,

020 7089 1042

Buildings Insurance

Tenants Services Authority

0800 028 0336

Tel: 0845 230 7000 www.tenantservicesauthority.org

0300 123 2209

Rent Assessment Panel 0845 6003178

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Head Office Family Mosaic Albion House 20 Queen Elizabeth Street London SE1 2RJ www.familymosaic.co.uk