Leaseholders' Handbook - Plymouth Community Homes
Leaseholders' Handbook - Plymouth Community Homes
Leaseholders' Handbook - Plymouth Community Homes
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Leaseholders’ <strong>Handbook</strong>
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Contents<br />
Electronic version: please click on any section above to go directly to the relevant page<br />
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5<br />
About <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> . . . . . . . . . . . . . . . . . . . . . .6<br />
What is Leasehold? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8<br />
Not all leases are the same . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9<br />
Rights and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10<br />
Service Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12<br />
Consultation on work to be done . . . . . . . . . . . . . . . . . . . . . . . .14<br />
Payment methods for major works . . . . . . . . . . . . . . . . . . . . . . .16<br />
Having problems with payments? . . . . . . . . . . . . . . . . . . . . . . .19<br />
Applying for benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20<br />
Supporting People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21<br />
Disagreements, Comments, Complaints and Praise . . . . . . . . .22<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> Customer Charter . . . . . . . . . . . .24<br />
Buildings Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25<br />
Caretaking Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26<br />
Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27<br />
Gas and Electrical Servicing . . . . . . . . . . . . . . . . . . . . . . . . . . .29<br />
Nuisance and Anti-Social Behaviour . . . . . . . . . . . . . . . . . . . . .30<br />
Resident Involvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31<br />
Buying the freehold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32<br />
Subletting your flat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33<br />
Selling your flat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34<br />
What happens when the lease ends? . . . . . . . . . . . . . . . . . . . .34<br />
Will <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> buy back my flat? . . . . . . . . .35<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> Leasehold Team . . . . . . . . . . . . .36<br />
Frequently Asked Questions . . . . . . . . . . . . . . . . . . . . . . . . . . .37<br />
Useful Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38<br />
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40<br />
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Introduction<br />
from the Chief Executive of <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Welcome to the first <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> Leaseholdersʼ <strong>Handbook</strong>, something<br />
we promised in the Leaseholder Offer<br />
Document.<br />
Since the transfer in November 2009 we<br />
have been working hard to improve the<br />
services we offer to all our customers. We<br />
value the support you have given <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> and the trust you place<br />
in us.<br />
This handbook gives you information about<br />
your rights and responsibilities, service<br />
charges and payment methods.<br />
We also offer clear guidance on how to<br />
comment or complain and how to deal with<br />
any financial issues. You will find information<br />
on some services that may be of interest to<br />
you. These include caretaking services, our<br />
process for dealing with anti-social behaviour<br />
and a detailed list of other useful contacts.<br />
We have achieved much as a new organisation but there is still a lot for us to do.<br />
We particularly want to improve communication with you to help create better<br />
services.<br />
I hope you find this handbook helpful.<br />
Many thanks<br />
Clive Turner<br />
Chief Executive<br />
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5
About <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong><br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is a new not-forprofit<br />
housing association. It was set up in 2009 to<br />
take over the ownership and management of about<br />
15,000 properties from <strong>Plymouth</strong> City Council. It is<br />
a registered provider of social housing and is the<br />
largest housing association in <strong>Plymouth</strong>.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is a registered<br />
charity. It is run by a Board made up of 12 unpaid<br />
members who make the main decisions. The<br />
Board is currently made up of three tenants, one<br />
leaseholder, four people nominated by <strong>Plymouth</strong><br />
City Council and four independent people.<br />
We currently have about 1,500 residential<br />
leaseholders.<br />
What are the core values and objectives of<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>?<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> aims to offer the best<br />
possible standards and service to its customers<br />
and applies the following values to all it does:<br />
The association is committed to being:<br />
• Innovative<br />
• Ethical<br />
• Responsive<br />
• Inclusive<br />
We have adopted the following objectives:<br />
• Provide better places to live<br />
• Put residents first<br />
• Be a good place to work<br />
• Provide excellent leadership<br />
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6
Our offices<br />
Our Head Office is in the city centre:<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> Head Office<br />
Princess Court<br />
23 Princess Street<br />
<strong>Plymouth</strong><br />
PL1 2EX Tel. 0800 694 3101<br />
Opening Hours<br />
Monday to Thursday 8.30am - 5.00pm<br />
Fridays<br />
8.30am - 4.30pm<br />
We currently have four main housing offices<br />
which are located in different parts of <strong>Plymouth</strong>:<br />
Devonport Housing Office<br />
10-12 Granby Way<br />
Devonport<br />
<strong>Plymouth</strong><br />
PL1 4AB Tel. 0800 917 9497<br />
Estover Housing Office<br />
Leypark Walk<br />
Estover<br />
<strong>Plymouth</strong><br />
PL6 8UE Tel. 0800 917 9496<br />
North Prospect Housing Office<br />
91-93 North Prospect Road<br />
North Prospect<br />
<strong>Plymouth</strong><br />
PL2 2NA Tel. 0800 917 9499<br />
The opening times for Devonport, Estover, North<br />
Prospect and Whitleigh are:<br />
Monday<br />
8.45am - 4.30pm<br />
Tuesday<br />
8.45am - 4.30pm<br />
Wednesday * 8.45am - 4.30pm<br />
Thursday<br />
8.45am - 4.30pm<br />
Friday<br />
8.45am - 4.00pm<br />
* Please note that the four offices do not open<br />
until 10.30am on the 2nd Wednesday of the<br />
month and 12.30pm on the 4th Wednesday of<br />
each month – this is for staff training.<br />
Whitleigh Housing Office<br />
101 Whitleigh Green<br />
Whitleigh<br />
<strong>Plymouth</strong><br />
PL5 4DE Tel. 0800 917 9498<br />
To contact a staff member who you know by name email:<br />
firstname.surname@plymouthcommunityhomes.co.uk<br />
Or you can contact us with general enquiries by emailing: info@plymouthcommunityhomes.co.uk<br />
Or visit our website: www.plymouthcommunityhomes.co.uk<br />
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7
What is Leasehold?<br />
If your home is a flat or maisonette, it is part of a<br />
larger building which is divided up into individual<br />
units. There may be another property above, below<br />
or next to yours, but still within the same building.<br />
Leasehold ownership is defined as ownership of a<br />
property that is not independent, but shares<br />
things like the roof, the foundations, the entrance<br />
halls and stairs of the building. The shared parts<br />
of the building need to be looked after for the<br />
benefit of all the individual residents and the costs<br />
will be shared amongst them.<br />
Your lease is a type of tenancy and is a legal<br />
agreement between you and your landlord,<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>. It allows you to live<br />
in your home for a set period of time. This is usually<br />
a period of 125 years, starting from when the first<br />
property in your building was sold. This is known<br />
as the lease term.<br />
If you bought your home on the open market, the<br />
seller will have transferred the rights and<br />
responsibilities to you under the lease for the rest<br />
of the term.<br />
Your lease sets out the terms of the contract that<br />
you have with your landlord. It gives you certain<br />
rights and responsibilities. It also gives your<br />
landlord rights and responsibilities. These are<br />
explained in greater detail later on in this<br />
handbook.<br />
The terms of a lease cannot usually be changed<br />
by either party without the otherʼs consent. The<br />
government sometimes makes changes to<br />
leasehold legislation and this can override the<br />
terms of existing leasehold agreements.<br />
Your solicitor will normally give you a copy of your<br />
lease when you buy your home. If you borrowed<br />
money to buy your property your lender will<br />
probably hold the original document. If you do not<br />
have a copy of the lease you will be able to get<br />
one from the Land Registry in <strong>Plymouth</strong>.<br />
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8
Not all leases are the same<br />
Not all <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> leases are<br />
the same.<br />
Each lease is prepared by using a standard set of<br />
terms and conditions. The nature of construction<br />
and type of tenancy varies considerably between<br />
flats in a block and those that are half-house flats.<br />
A different standard lease is used for each.<br />
In addition, as housing legislation has changed<br />
over the years it has become necessary to amend<br />
some of the standard terms and condition of the<br />
new leases to ensure they are up to date.<br />
This means that it is possible for your next door<br />
neighbour to have a slightly different lease to your<br />
own. However, we will always try to manage your<br />
property in accordance with the individual terms of<br />
your own lease.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> would be very happy<br />
to look at all leases in a block if all parties wish to<br />
have their lease changed.<br />
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9
Rights and responsibilities<br />
The lease sets out which part of the property is<br />
owned by <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> and which<br />
part by the leaseholder. It also explains who is<br />
responsible for maintaining and repairing different<br />
parts of the property.<br />
We cannot explain every part of your lease here,<br />
because the details may vary in individual leases.<br />
However, the next few pages outline common<br />
rights and responsibilities for <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> and yourself.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>ʼ Responsibilities<br />
• To maintain and repair the structure, exterior<br />
and common parts of the building, including<br />
drains and external pipes.<br />
• To give reasonable notice to residents if access<br />
is required to the premises. This will usually be<br />
at least 48 hours, except in cases of extreme<br />
urgency.<br />
• To keep the building insured to the full cost of<br />
re-instatement. (This policy is for buildings only<br />
and does not include contents. Leaseholders<br />
will need to arrange insurance for their contents<br />
separately.)<br />
• To consult leaseholders before carrying out<br />
major works to the building.<br />
• To keep proper accounts of all costs and<br />
expenses incurred in carrying out its<br />
obligations.<br />
• To manage the block and estate in a proper<br />
and reasonable manner.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>ʼ Rights<br />
• To enter the premises, with or without workmen,<br />
at reasonable times, to examine the condition<br />
of the premises and the right to issue a notice<br />
specifying any repairs or works necessary to be<br />
carried out by the leaseholder.<br />
• A right of access and entry upon the premises<br />
for the proper performance of its obligations.<br />
Leaseholdersʼ Responsibilities<br />
• To pay ground rent and service charges,<br />
including payment for major works.<br />
• To keep the interior of the flat in a good state of<br />
repair.<br />
• To keep the windows of the flat properly cleaned.<br />
• Not to make any structural alterations or<br />
additions, including new windows, without the<br />
prior written consent of <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong>.<br />
• Not to use the premises for any illegal or<br />
immoral purpose.<br />
• Not to use the property for any trade or<br />
business purpose and only to use it as a private<br />
residential flat.<br />
• Not to do anything which may be a nuisance,<br />
annoyance or cause damage or inconvenience<br />
to either <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> or any<br />
other resident.<br />
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10
Leaseholdersʼ Responsibilities (continued)<br />
• Not to cause an obstruction in any of the<br />
communal areas of the property.<br />
• To give reasonable notice before accessing<br />
other parts of the property to carry out repairs or<br />
maintenance that the leaseholder is responsible<br />
for. This should be at least 48 hours unless in<br />
cases of extreme urgency. If whilst doing the<br />
work any other part of the property becomes<br />
damaged, this must be made good by the<br />
leaseholder.<br />
• To permit <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> and the<br />
owners of other flats to access and enter the<br />
premises to fulfil their obligations.<br />
• To comply and observe any regulations which<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> may make to<br />
govern the use of the flats and the reserved<br />
property.<br />
• To pay a sum to <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> if<br />
the flat is sold within 5 years of exercising the<br />
Right to Buy.<br />
• If you wish to sell the flat within 10 years of<br />
purchasing under the Right to Buy you must<br />
first give <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> the<br />
option to buy the flat.<br />
• Not to erect any external wireless or television<br />
aerial or any pole or flagstaff.<br />
• Not to place a window box outside any of the<br />
windows without the prior written consent of<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>.<br />
• To keep properly cleaned and tidied any parts<br />
of the property that were your responsibility as<br />
a tenant prior to completion of the Right to Buy.<br />
• To pay a reasonable proportion of the expense<br />
of repairing and maintaining all unadopted<br />
private roads and footpaths on the estate.<br />
• To observe all the terms and regulations set out<br />
in the lease.<br />
Leaseholdersʼ Rights<br />
• To peaceably hold and enjoy the premises for<br />
the term of the lease.<br />
• Access to the communal parts of the property.<br />
• Passage of gas, electricity, water, etc, to and<br />
from the premises.<br />
• To use communal apparatus installed for<br />
television reception.<br />
• To use any communal facilities that have been<br />
provided in the property, including those in the<br />
communal areas.<br />
• To be consulted if any repair or maintenance is<br />
planned that will cost a leaseholder more than<br />
£250.<br />
• To be consulted if <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
plans to sign a contract with a supplier to provide<br />
a service that will cost any leaseholder more<br />
than £100 per year.<br />
• To challenge service charges.<br />
• Leaseholders of a block of flats have the right<br />
to take over the management of their block.<br />
Speak to your solicitor or other legal advisor for<br />
advice.<br />
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11
Service Charges<br />
Annual Service Charge<br />
The annual service charge is the money that you<br />
pay towards the day-to-day running costs of your<br />
block of flats.<br />
You do not pay anything towards services or repairs<br />
that are provided solely for the benefit of <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> tenants or individual properties.<br />
Leaseholders and tenants usually pay an identical<br />
amount each year for the cost of services that are<br />
provided to a particular block. We can only make<br />
reasonable service charges and the services or<br />
work we do must be of reasonable standard. We<br />
will give you a statement of account showing what<br />
is included in your service charge.<br />
How are variable charges calculated?<br />
The service charge is a variable charge. This<br />
means that you will be sent an invoice to pay dated<br />
1st April each year and this will cover the cost of<br />
providing services to your block for the next 12<br />
months. Therefore, these charges are payable<br />
annually, in advance.<br />
Each year we will estimate the sum we are likely to<br />
spend in providing services to you over the coming<br />
year. That will be the service charge we will ask you<br />
to pay for the year. At the same time, we will work<br />
out how much we have actually spent on providing<br />
services for you in the previous period. If we have<br />
overcharged you we will reduce your service charge<br />
for the coming year. If we have undercharged<br />
you, we will increase your new service charge.<br />
Depending upon the services provided to<br />
your particular block, the annual service<br />
charge could cover:<br />
Caretaking<br />
Heating, lighting and cleaning<br />
of communal areas<br />
Communal TV aerial maintenance<br />
Door entry systems<br />
Grounds maintenance of communal areas<br />
Buildings insurance<br />
Management costs<br />
Fire safety equipment<br />
Window cleaning<br />
Lifts<br />
Communal laundry<br />
Annual service charge invoices usually<br />
consist of 5 separate elements:<br />
Ground rent<br />
A charge for services<br />
Buildings insurance premium<br />
Administration / Management Charge<br />
Adjustments for previous periods<br />
You will only be charged for those services<br />
which are provided to your block of flats.<br />
Please note, however, that you will be<br />
charged for all services that are provided<br />
to your block, whether you use them<br />
or not as per your lease agreement.<br />
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Paying the annual service charge<br />
All leases state that service charges should be<br />
paid within 21 days of an invoice being sent for<br />
payment. This can be done:<br />
• By debit or credit card payment – these can be<br />
made by telephone, 24 hours a day everyday,<br />
by telephoning 0800 917 9456 or online by<br />
accessing <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
website: www.plymouthcommunityhomes.co.uk<br />
• By standing order<br />
• At local housing offices<br />
• At the Civic Centre<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is happy for<br />
leaseholders to spread the cost over several<br />
months as long as this is agreed in advance. The<br />
amount of the monthly payment and the number<br />
of months over which payment can take place will<br />
depend on the size of the invoice. Please contact<br />
the Leasehold Team for more information.<br />
Maintenance and repairs<br />
Leaseholders are liable to pay a proportion of the<br />
cost of any repairs or maintenance that is carried<br />
out to the structure or communal parts of the<br />
property. The proportion is detailed in the lease<br />
for each flat.<br />
If any major work is carried out - this is where a<br />
leaseholder must pay more than £250 - <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> will ensure that the correct<br />
statutory consultation takes place. This is explained<br />
later in this handbook. There are a number of<br />
payment options for major work and these are<br />
listed in a later section ʻPayment methods for major<br />
worksʼ (see page 16).<br />
If any smaller day-to-day repairs or maintenance<br />
are carried out each leaseholder in the block will<br />
receive an annual invoice for a proportion of the<br />
total cost. Invoices for this are sent annually on<br />
30 th September and include repairs that were<br />
completed in the previous financial year. They are<br />
payable within 21 days, although monthly<br />
instalment plans can be agreed in a similar way to<br />
those for the annual service charges.<br />
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13
Consultation on work to be done<br />
The Commonhold and Leasehold Reform Act<br />
2002 changed the way landlords need to consult<br />
with leaseholders. <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
must ensure:<br />
• You are consulted before any major works begin<br />
for which you have to make a contribution and<br />
which will cost any leaseholder in the block more<br />
than £250.<br />
• You are consulted on certain long-term<br />
agreements or contracts that <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> intends to enter into, that<br />
last more than 12 months, and cost any<br />
leaseholder more than £100 a year.<br />
The consultation process is as follows:<br />
For major work<br />
• A Notice of Intention is sent to all affected<br />
leaseholders informing them of our intention to<br />
carry out the work. A description of the proposed<br />
work will be included and you will be invited to<br />
put forward the name of a contractor who you<br />
think should be asked to provide an estimate.<br />
You have 30 days to make any written comments<br />
about the Notice of Intention.<br />
• All written comments received must be<br />
considered by <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> and<br />
an estimate must be obtained from at least one<br />
of the contractors nominated by leaseholders.<br />
• A second Notice (Section 20) will then be sent to<br />
you giving an estimated cost from at least two<br />
contractors and your likely contribution. All the<br />
estimates will be available for inspection and a<br />
summary will be included of any written<br />
comments received. You then have a further 30<br />
days to make any written comments.<br />
• Again, all comments must be considered by<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>.<br />
• The contract will then be awarded to the<br />
successful contractor. We will write again within<br />
21 days to provide you with details of this.<br />
However, we do not have to write if the chosen<br />
contractor has been suggested by a<br />
leaseholder or was the lowest estimate.<br />
For long term agreements<br />
• These could include, for example, decoration,<br />
roof repairs and replacement, concrete repairs,<br />
damp remedial work or asbestos removal.<br />
• All leaseholders will be sent a Notice of Intention<br />
which will describe the works or services to be<br />
provided. You will be allowed 30 days to make<br />
any written comments and to nominate anyone<br />
you think we should ask to provide an estimate.<br />
• <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> must consider<br />
any comments and obtain an estimate from at<br />
least one of the contractors nominated by<br />
leaseholders.<br />
• Once the proposals for the contract are in place<br />
a notice will be sent to each leaseholder giving<br />
a further 30 days for any written comments.<br />
• <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> must consider<br />
these comments.<br />
• The contract will then be awarded. We will write<br />
to you again within 21 days to provide details of<br />
this. However, we do not have to write if the<br />
chosen contractor has been suggested by a<br />
leaseholder or was the lowest estimate.<br />
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European Union (EU) Procurement Rules<br />
For contracts that require Public Notice under EU<br />
regulations <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is only<br />
required to allow comments and observations, not<br />
the nomination of a contractor.<br />
Major Works carried out under a Long-Term<br />
Agreement<br />
If we want to carry out major works under a longterm<br />
agreement entered into with a contractor,<br />
affected leaseholders will receive further<br />
consultation as follows:<br />
• If the cost of the work is likely to be more than<br />
£250 to any one leaseholder in the block, all<br />
leaseholders will be sent a Notice of Intention.<br />
The Notice will describe the works and include<br />
an estimate of the contribution that the<br />
leaseholder will be required to pay.<br />
• Leaseholders have 30 days in which to make<br />
any written comments.<br />
• <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> must consider any<br />
comments received and send a written reply.<br />
Urgent Works<br />
Urgent works can be allowed to go ahead without<br />
consultation if it is felt to be reasonable to dispense<br />
with the requirements. This may apply to works<br />
which are very urgent, for example on the grounds<br />
of health and safety.<br />
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Payment methods for major works<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> leases say that all<br />
service charge invoices should be paid in full within<br />
21 days of issue.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is pleased to offer a<br />
flexible range of payment options for those<br />
leaseholders who live in their flats as their principal<br />
home (your main address) and who face difficulties<br />
paying in full within 21 days. These are:<br />
• To pay by a Deferred Payment Plan of up to 3<br />
years. Regular monthly payments are made and<br />
no interest is charged to leaseholders.<br />
• To pay by a Deferred Payment Plan of between<br />
3 and 5 years by regular monthly instalments. In<br />
this case <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> will take<br />
a Legal Charge over the flat as security and<br />
legal costs will be charged to the leaseholder.<br />
Interest is payable on this type of Deferred<br />
Payment Plan.<br />
• For leaseholders who are over the age of 60 it<br />
will be possible to pay interest only on the<br />
amount of the invoice. In this case, <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> will take a Legal Charge<br />
over the flat and the cost of this can be paid<br />
separately or added to the amount of the<br />
invoice. The amount of the invoice must be<br />
paid when the property is either transferred to a<br />
third party or sold.<br />
• For those leaseholders who are in genuine<br />
hardship, because they are on very low incomes<br />
or in receipt of certain benefits, an application<br />
can be made for assistance from the Service<br />
Charge Hardship Scheme. This scheme does<br />
not take away the responsibility for paying the<br />
invoice, but allows those who qualify to pay an<br />
agreed regular amount that they can afford until<br />
the account has been fully paid.<br />
Those leaseholders who do not live in the flat as<br />
their principal home must pay all major works<br />
invoices in accordance with the terms of the lease<br />
for their flat. This means that full payment must be<br />
made within 21 days.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> will accept<br />
whatever choice of principal home a leaseholder<br />
has registered with HM Revenue and Customs.<br />
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In certain circumstances, it may be possible for a<br />
leaseholder to apply for a Service Charge Loan,<br />
under the terms of The Housing (Service Charge<br />
Loans) Regulations 1992. These loans are<br />
provided by The <strong>Homes</strong> and Communities Agency<br />
and not by <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>. Under<br />
the regulations a leaseholder has the right to<br />
request a loan from the HCA to cover the cost of<br />
major repairs to the property, provided that:<br />
• The leasehold of the property was purchased<br />
under the Right to Buy legislation i.e. before the<br />
transfer of properties to <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> (not the preserved Right to Buy).<br />
• The leasehold was purchased less than 10 years<br />
before the date of the invoice for service charges.<br />
• The leaseholder must pay the first £2,410 of all<br />
service charges demanded in the current<br />
financial year. Any amount over this will be<br />
eligible for a loan.<br />
• The minimum loan is £800.<br />
The loan term will vary depending on the amount<br />
of the loan, as follows:<br />
Loan amount<br />
Less than £1,500<br />
Between £1,500 - £4,999<br />
Over £5,000<br />
Term<br />
3 years<br />
5 years<br />
10 years<br />
• The loan is secured by a mortgage over the<br />
property.<br />
• Interest will be charged on the loan.<br />
• A leaseholder must apply for a loan within 6<br />
weeks of the date of the invoice for major<br />
repairs.<br />
If you wish to apply for a loan, please write to:<br />
Finance Department<br />
<strong>Homes</strong> & Communities Agency<br />
110 Buckingham Palace Road<br />
London<br />
SW1W 9SA<br />
• The maximum loan is £32,140.<br />
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Having problems with payments?<br />
Problems paying service charges<br />
If you are having problems paying your service<br />
charges please contact the Leasehold Team<br />
immediately. We may be able to consider short<br />
term arrangements to help leaseholders with<br />
genuine financial difficulties.<br />
Early contact will avoid the arrears becoming<br />
serious. If you donʼt tell us that you have a<br />
financial problem we wonʼt know about your<br />
circumstances and will not be able to help you.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> will take recovery<br />
action over arrears, so itʼs very important that you<br />
speak to us as soon as you realise that you have<br />
a problem paying a service charge invoice.<br />
If you fail to make and keep to an arrangement to<br />
clear arrears we can get a ʻmoney judgementʼ for<br />
the debt through the County Court and your<br />
mortgage lender will also be informed. If you are<br />
also having difficulties paying your mortgage you<br />
should contact your mortgage lender. They may<br />
agree to a variation of your monthly mortgage<br />
payments.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> can recover arrears<br />
from the lender, such as your bank or building<br />
society, so itʼs important that you keep us both<br />
informed about any financial difficulties.<br />
Citizens Advice Bureau<br />
You can contact the Citizens Advice Bureau for<br />
guidance on money matters, including debt<br />
management. Your Citizens Advice Bureau gives<br />
free, independent and confidential advice. They<br />
can help you work out repayments and negotiate<br />
with your creditors. You can visit their website at<br />
www.adviceguide.org.uk.<br />
<strong>Plymouth</strong> Citizens Advice Bureau is located at:<br />
2nd Floor<br />
Cobourg House<br />
32 Mayflower Street<br />
<strong>Plymouth</strong><br />
PL1 1QX<br />
Telephone: 08448 269 717<br />
Pension Service<br />
If you are aged 60 or over, you may be entitled to<br />
help in paying your charges from the Pension<br />
Service if you receive pension credit. The<br />
application is means tested at The Pension<br />
Service if you qualify this could result in some<br />
financial support.<br />
The Pension Service can be contacted at:<br />
The Pension Service<br />
P.O. Box 8<br />
Swansea<br />
SA80 8AH<br />
Telephone: 0845 606 0265<br />
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Applying for benefits<br />
Claiming Benefits<br />
The local Citizens Advice Bureau can advise you<br />
about claiming Housing Benefit, as well as other<br />
benefits that you might be entitled to claim.<br />
You may be entitled to benefits in some of the<br />
following circumstances:<br />
• You are on low income<br />
• You are looking for work<br />
• You are expecting a baby or bringing up<br />
children<br />
• You are sick or disabled<br />
• You are caring for someone<br />
• You have suffered a bereavement<br />
• You are in retirement<br />
The government has set up a website that will<br />
give you information on benefits you may be<br />
entitled to. The website is www.direct.gov.uk.<br />
Housing Benefits<br />
If you are on a low income, you may be entitled to<br />
Housing Benefit to cover some of your housing<br />
costs and service charges.<br />
You can get a form for Housing Benefit from your<br />
local authority, <strong>Plymouth</strong> City Council. Their contact<br />
details are:<br />
Revenues & Benefits<br />
<strong>Plymouth</strong> City Council<br />
Civic Centre<br />
<strong>Plymouth</strong><br />
PL1 2AA<br />
Telephone: 01752 668000<br />
Email: revenues@plymouth.gov.uk<br />
If you are entitled to Housing Benefit you must:<br />
• Get your claim form to the council on time<br />
• Give them the information that they need to<br />
assess your claim, e.g. proof of all income,<br />
savings and identification<br />
• Ask them to pay the ground rent and service<br />
charges direct to us<br />
• Tell the council of any changes, for example if<br />
your income changes, or if someone else<br />
moves in or leaves.<br />
If you are entitled to Housing Benefit it is your<br />
responsibility to claim it. If you get into arrears<br />
because you have not applied for Housing Benefit<br />
or have not provided the required information,<br />
then you will still be responsible for paying the full<br />
service charge.<br />
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Supporting People<br />
Supporting People is a government programme. It<br />
helps fund support services to enable people to<br />
live as independently as possible.<br />
Supporting People services can help a wide<br />
range of vulnerable adults, including:<br />
• Older people with support needs<br />
• The frail elderly<br />
• People with learning disabilities<br />
• People with physical or sensory impairment<br />
• People with mental health issues<br />
• People experiencing domestic abuse<br />
• Ex offenders and those at risk of offending<br />
• Young people leaving care and/or at risk<br />
• Homeless people<br />
• Teenage parents<br />
• Refugees<br />
• People with complex needs<br />
• People with HIV/AIDS.<br />
Supporting People does not provide every kind of<br />
assistance that may be needed in the home. Adult<br />
Social Services has responsibility for personal<br />
care such as:<br />
People can be referred to services by Social<br />
workers, Probation Officers, Mental Health Workers<br />
or other agencies within the community or people<br />
can contact most services themselves.<br />
People receiving any amount of Housing Benefit<br />
automatically have their Supporting People<br />
(support) charge paid for by Supporting People<br />
grant. There is no charge for support provided by<br />
some services such as homeless hostels.<br />
Generally, in other services, people not eligible for<br />
Housing Benefit may be required to pay but a<br />
financial assessment can be requested from<br />
<strong>Plymouth</strong> City Council on 01752 668000. This<br />
looks at eligibility for financial assistance.<br />
A directory of all services is available on the<br />
<strong>Plymouth</strong> City Council website at<br />
www.plymouth.gov.uk or by contacting the<br />
Supporting People Team.<br />
• Bathing and dressing<br />
• Healthcare and medication<br />
• Preparing meals.<br />
For more information ring <strong>Plymouth</strong> City Councilʼs<br />
Contact Centre on 0800 444000.<br />
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Disagreements, Comments,<br />
Complaints and Praise<br />
Service charge disagreements<br />
If you disagree with any aspect of your service<br />
charge you should still pay for the part of the<br />
charge that you do agree with. Please contact<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> Leasehold Team to<br />
discuss any concerns that you have about<br />
charges as soon as you receive your annual<br />
service charge account.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> will take action over<br />
all arrears. So if you have a concern please donʼt<br />
leave a service charge account unpaid without<br />
talking to our Leasehold Team first.<br />
If you believe that your service charge is<br />
unreasonable (in terms of the amount charged or<br />
standard of work) you may be able to apply to the<br />
Leasehold Valuation Tribunal for a decision about<br />
what is reasonable.<br />
Viewpoints<br />
Viewpoints is our leaflet that you can use to give<br />
us feedback about services.<br />
We need to know if a service is not to the standard<br />
that you expect but itʼs also good to know when we<br />
get things right.<br />
You can obtain this leaflet from one of our housing<br />
offices or at our head office.<br />
Compliments and suggestions<br />
When we receive your compliments or suggestions<br />
for improving our service we will:<br />
• Contact you to acknowledge your comment<br />
within three working days.<br />
• Look at your comment or suggestion and let<br />
you know if we make any changes as a result.<br />
Making a complaint<br />
We will write to you within two working days of<br />
receiving your complaint either with a full response<br />
or acknowledgement. If this is the first time you<br />
have complained, the complaint will be<br />
investigated. This is known as Stage 1. We will<br />
send you a full response within 10 working days<br />
of receiving your complaint. Sometimes, more<br />
complex complaints may take longer but we will<br />
keep you informed of progress.<br />
We may contact you again at a later date to ask if<br />
you were satisfied with how we handled your<br />
complaint. This is so we can continue to learn<br />
from you and keep improving our services.<br />
What if I donʼt feel my complaint has been dealt<br />
with properly?<br />
You can ask us to reconsider our decision - this is<br />
Stage 2 - and this will be reviewed by a more<br />
senior officer. We will acknowledge your complaint<br />
and send a full response within 20 working days.<br />
If it is going to take longer, we will let you know.<br />
You will receive a full explanation of the decision<br />
that is reached.<br />
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What if I am still not satisfied?<br />
If you are still not satisfied your complaint will be<br />
dealt with by a Review Panel. This is known as<br />
Stage 3. The meeting of the Review Panel will be<br />
held within one month. You will be invited to<br />
attend or put your case in writing. The panel will<br />
provide a written response within 10 working days<br />
of the meeting.<br />
Housing Ombudsman Service<br />
We hope that your complaint is resolved before<br />
this stage is reached but if you are dissatisfied<br />
with our response or feel that we have failed to<br />
put things right, you can complain to the Housing<br />
Ombudsman Service.<br />
The Housing Ombudsman Service is an<br />
independent organisation that investigates<br />
complaints about housing associations. You can<br />
ask at any of our local housing offices for a leaflet<br />
or look at their website www.ihos.org.uk or<br />
contact them at:<br />
How can you tell <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
what you think?<br />
Phone us on 0800 694 3101<br />
Write to us at:<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Princess Court<br />
23 Princess Street<br />
<strong>Plymouth</strong><br />
PL1 2EX<br />
Look at our website:<br />
www.plymouthcommunityhomes.co.uk.<br />
Click on ʻContact usʼ then ʻMake an enquiryʼ then<br />
complete the form which will be automatically<br />
sent to us.<br />
Housing Ombudsman Service<br />
81 Aldwych<br />
London<br />
WC2B 4HN<br />
Telephone 0300 111 3000<br />
Fax 020 7831 1942<br />
Email info@housing-ombudsman.org.uk<br />
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<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Customer Charter<br />
Everyone at <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is committed to:<br />
Work for <strong>Plymouth</strong><br />
Strengthen each <strong>Community</strong> and<br />
Improve the quality and services in your <strong>Homes</strong>.<br />
To achieve this vision we have developed a<br />
Customer Charter and set of customer service<br />
standards in consultation with our residents.<br />
These standards are about meeting the needs and<br />
expectations of you, our customers, and creating<br />
a service of which we can be proud.<br />
We will provide fair, equitable and consistent<br />
delivery across all our services whilst recognising<br />
the diverse needs of our customers.<br />
Our aim is to be a ʻbest in classʼ performer, be<br />
customer focused and provide value for money.<br />
The service standards that we have set out will be<br />
monitored, recorded and reported on. We will use<br />
this information to assess how well we are meeting<br />
our commitments and to improve on areas that do<br />
not deliver our customersʼ expectations.<br />
The Charter will initially cover three key areas:<br />
• Communicating with you<br />
• Accessing our services and keeping you<br />
informed<br />
• Fairness and equality<br />
These will be implemented in the organisation in<br />
the coming months and we will officially launch<br />
these to all our customers.<br />
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Buildings Insurance<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is responsible for<br />
arranging buildings insurance cover for your<br />
property. This has been arranged as a block policy<br />
which covers all leasehold flats. This policy is<br />
reviewed and renewed on an annual basis to<br />
ensure a comprehensive cover at a competitive<br />
price.<br />
Policy cover<br />
• Fire, Lightning, Explosion<br />
• Aircraft and articles dropped from them<br />
• Riot, Civil Commotion, Strikers or Malicious<br />
Persons<br />
• Earthquake<br />
• Subterranean Fire<br />
• Storm or Flood<br />
• Escape of water from any tank, apparatus or<br />
pipe<br />
• Falling Trees<br />
• Impact by any road vehicle or animal<br />
• Theft<br />
• Subsidence<br />
• Accidental Damage<br />
Excess<br />
An excess is the amount of any claim that a<br />
leaseholder has to pay and will be deducted from<br />
the amount of the claim. There is an excess of<br />
£1,000 for any claim for subsidence and an excess<br />
of £50 for any other claims.<br />
Summary of Cover<br />
This is only a brief summary of the cover that is<br />
provided by the insurance policy. A specimen<br />
Summary of Cover has been included on the<br />
leasehold page of <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
web site at:<br />
www.plymouthcommunityhomes.co.uk/UserFiles/<br />
File/Leaseholders/Summary_of_Cover.pdf<br />
If you would like an up to date summary of cover<br />
for your own flat please contact our Leasehold<br />
Team who will be happy to arrange this for you.<br />
Making Claims<br />
To make a claim please contact Farr Insurance on<br />
0845 129 8000 quoting policy reference number<br />
09/RSL/10164A.<br />
Contents Insurance<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> DOES NOT INSURE<br />
your home contents.<br />
You need to take out your own household contents<br />
insurance. You can make your own arrangements<br />
for this or take out insurance under a special<br />
scheme arranged by Aviva.<br />
Two schemes are available to all leaseholders of<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> – standard cover or<br />
standard with accidental cover.<br />
You can get an application form from your local<br />
housing office or download one from <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> website:<br />
www.plymouthcommunityhomes.co.uk/yourhome/tenancies-and-estates-includingtackling-anti-social-behaviour/home-contentsinsurance.<br />
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Caretaking Service<br />
Which properties have a caretaking service?<br />
These are usually flats and maisonettes, which are<br />
in blocks, and have communal facilities and areas.<br />
What caretaking do I receive?<br />
This will depend on the building and the level of<br />
service provided.<br />
What do caretakers do?<br />
Caretakers are generally responsible for communal<br />
areas, that is, courtyards and laundries and some<br />
of the communal stairs in tower blocks. In these<br />
areas we provide a litter clearance service,<br />
checking communal lighting, ensuring that<br />
communal facilities are safe and in good condition.<br />
The caretaker reports repairs, for example, door<br />
entry systems, broken windows, lighting problems<br />
and vandalism. The caretaker also organises<br />
removal of bulky items.<br />
Where a laundry is provided, we carry out a daily<br />
safety checks before opening. Caretakers also<br />
check lighting and report repairs needed in the<br />
laundry.<br />
All caretakers are trained to the British Institute for<br />
Cleaning Services (BICS) level one. This ensures<br />
best practice in the use of both chemicals and<br />
equipment.<br />
A detailed specification of what is provided for your<br />
block is available on request at your local housing<br />
office or by contacting the caretaking service.<br />
The Caretaking Service<br />
Prince Rock Depot<br />
Macadam Road<br />
<strong>Plymouth</strong><br />
PL4 0RZ<br />
Telephone 0800 917 9455<br />
By email: info@plymouthcommunityhomes.co.uk<br />
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Repairs<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> and leaseholders<br />
have a responsibility to repair different parts of the<br />
property.<br />
Details of who is responsible for which part is<br />
included in the lease for each flat. Whilst this may<br />
vary from lease to lease, <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> is usually responsible for carrying out<br />
repairs to the structure of the property and to<br />
communal parts of the block. Leaseholders are<br />
usually responsible for repairs and maintenance<br />
inside their flats.<br />
If you are not sure who is responsible for carrying<br />
out a specific repair please contact our leasehold<br />
team on telephone number 01752 388094 or<br />
388109 who will be able to advise you.<br />
You can report a repair:<br />
• By telephone on 08082 306500<br />
• In person at your local housing office<br />
• To your caretaker<br />
• By writing to: Housing Repairs, <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong>, Fort Austin, Fort Austin<br />
Avenue, <strong>Plymouth</strong>, PL6 5SR<br />
• By visiting our website at<br />
www.plymouthcommunityhomes.co.uk and<br />
clicking on the ʻReport a repairʼ button on the<br />
front page.<br />
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Repairs (continued)<br />
If you have an emergency outside normal working<br />
hours or on a Bank Holiday please telephone<br />
0800 917 9459 for our out of hours service.<br />
We will offer an appointment at the time a repair<br />
is reported. Generally, this will be for morning or<br />
afternoon, Monday to Friday between 7.30am and<br />
5pm.<br />
For women who would prefer not to have men<br />
working in their homes we will make every effort<br />
to use female operatives to carry out the repair.<br />
Women can request this when reporting the repair<br />
to our contact centre. If a female operative is not<br />
available we will arrange for a female member of<br />
staff to attend with the male operative.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>ʼ staff and its<br />
contractors carry and on request will show a photo<br />
identity card when visiting your home. You can ask<br />
to see it before letting anyone into your home. If<br />
this is not provided when requested, you can refuse<br />
access. For vulnerable tenants, our contact centre<br />
will agree a code word when the repair is reported,<br />
if requested.<br />
You can call our contact centre on 08082 306500.<br />
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Gas and Electrical Servicing<br />
You have a responsibility to ensure that your gas<br />
appliances, flue and pipes are serviced and<br />
maintained regularly. You should service your gas<br />
annually to ensure that it works properly and to<br />
prevent carbon monoxide poisoning. You cannot<br />
smell or see carbon monoxide but it is dangerous<br />
and can kill. Servicing your appliances will ensure<br />
that this does not gather in your home. We<br />
recommend that your gas servicing is done by a<br />
Gas Safe Registered engineer.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is able to arrange<br />
for your gas appliances to be serviced for you. If<br />
you would like us to do this please contact our<br />
repairs call centre on 08082 306500 and they will<br />
be happy to make the arrangements. There is a<br />
small charge for this service which you must pay<br />
before the engineer can call to do the work.<br />
If you notice a gas leak in your property, call the<br />
National Grid immediately on 0800 111 999.<br />
National Grid is an organisation responsible for<br />
transporting and distributing gas to your door. You<br />
can get them at any time of the day or night. They<br />
will advise you on what to do.<br />
You also have a responsibility to have your electrics<br />
and appliances regularly tested for safety.<br />
If you live in a block and are planning to replace<br />
your cooker you will need to ensure that the new<br />
cooker you purchase is one designed specifically<br />
for flats.<br />
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29
Nuisance and Anti-Social Behaviour<br />
Tackling anti-social behaviour is a priority for<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>.<br />
We believe that you should be able to enjoy your<br />
home and the area in which you live, in peace and<br />
quiet. Most people simply wish to get on with their<br />
lives. However, there are times when others<br />
behave in a way that does not allow you to do this.<br />
Your responsibilities<br />
You or any other person living in or visiting your<br />
property (including children) must not:<br />
• Engage in, or encourage, behaviour which is<br />
considered anti-social<br />
• Do anything that causes or is likely to cause<br />
nuisance to anyone in the local area<br />
• Do anything that interferes with the peace,<br />
comfort or convenience of other people in the<br />
local area<br />
• Harass or threaten anyone in the local area<br />
because of their race, nationality, sexuality, sex,<br />
religion or disability<br />
• Harass or threaten members of <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong>, their agents or contractors<br />
or interfere with them in the course of their<br />
duties<br />
Racism<br />
Racism is unacceptable. We will take consistent<br />
and effective action against racial harassment of<br />
any type. Any anti-social behaviour aimed against<br />
individuals because of race will be considered a<br />
very serious breach of the tenancy agreement or<br />
lease covenants and will be dealt with quickly and<br />
effectively.<br />
We are working hard to identify and stamp out<br />
racism in all its forms. If you believe you are a<br />
victim of racism you should report it to the police<br />
and your housing office immediately.<br />
Reporting anti-social behaviour<br />
You can report anti-social behaviour in one of the<br />
following ways:<br />
• In person at your local housing office<br />
• By calling your housing office<br />
• In writing to your housing office<br />
• By email via<br />
info@plymouthcommunityhomes.co.uk.<br />
Dealing with your complaints<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> will respond to all<br />
complaints sensitively and as quickly as possible.<br />
If a situation gets worse we will take further, more<br />
serious, action. We will use a variety of different<br />
techniques and work with other support agencies<br />
to tackle anti-social behaviour.<br />
• Use your property for any criminal, immoral or<br />
illegal purpose (including selling or using illegal<br />
drugs or storing/handling stolen goods).<br />
We hope that in most cases of neighbour disputes<br />
residents will initially be able to resolve the matter<br />
by talking to each other in a respectful and<br />
appropriate way. If this approach fails, a complaint<br />
can be made to <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong>. The<br />
responsibility to tackle anti-social behaviour is held<br />
jointly by <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> and the<br />
person making the complaint.<br />
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Resident Involvement<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is committed to<br />
resident involvement as a way of improving<br />
services to residents.<br />
We offer a range of ways for you to share your<br />
views about our services and to get involved in<br />
the decisions made about your home and<br />
neighbourhood.<br />
Resident involvement means:<br />
• Receiving regular information about services<br />
• Consultation about changes<br />
• Participation in decision making.<br />
We keep a list of residents who are interested in<br />
receiving more frequent information about our<br />
services and consultations. The Resident<br />
Involvement Network (RIN) receives regular<br />
invitations to events and meetings.<br />
We consult leaseholders and tenants about every<br />
aspect of the services we provide. This ranges<br />
from local consultation about changes to homes,<br />
to city-wide consultation about changes in policy.<br />
We hold an annual conference for leaseholders<br />
and tenants every December. We also hold events<br />
during the year. This gives residents a chance to<br />
meet each other and staff of <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> and have their say about the services they<br />
receive. These events are free and we can usually<br />
help with travel and dependent care.<br />
We have a specialist group called the Interested<br />
Leasehold Network (ILHN) who talk to us about<br />
issues that are of particular interest to<br />
leaseholders.<br />
If you would like to know more about resident involvement<br />
or would like to take part in future events, please contact<br />
our Resident Involvement Team on 0800 917 9457<br />
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31
Buying the freehold<br />
You are not able to purchase the freehold of your<br />
property on your own. However, subject to certain<br />
conditions, leaseholders of flats have the right to<br />
enfranchise their building as a group, if they and<br />
their building qualify.<br />
Enfranchisement is a group (or collective) right for<br />
leaseholders of flats to buy the freehold of the<br />
building they live in. They have this right even if<br />
the freeholder does not wish to sell.<br />
The right to enfranchise must be exercised by a<br />
ʻnominee purchaserʼ on behalf of the group, who<br />
will own the freehold after the purchase has been<br />
concluded.<br />
To qualify to take part in the enfranchisement you<br />
must be a long standing leaseholder of a flat.<br />
If you qualify you can only buy the freehold with a<br />
group of other qualifying tenants if your building<br />
satisfies the following criteria:<br />
• There must be 2 or more flats in the building. If<br />
there are only 2 flats in the block both<br />
leaseholders must participate in the exercise.<br />
• At least two-thirds of all flats in your building<br />
must be held on long standing leases.<br />
• Not more than 25% of the internal floor area<br />
(apart from common parts such as stairs) of the<br />
building is in non-residential use or intended for<br />
non-residential use – for example, as a shop or<br />
an office.<br />
• The number of leaseholders participating must<br />
also equal at least half the flats in the block.<br />
Therefore, in a block of 12 flats, at least 8 flats<br />
must be held on long standing leases, and at least<br />
6 of these leaseholders would need to participate<br />
in the enfranchisement process.<br />
You do not qualify to participate if you own 2 or<br />
more qualifying leases of flats in the block.<br />
This is only a brief summary of the<br />
enfranchisement process. If this is something you<br />
want to consider we recommend that you seek<br />
independent professional advice and contact our<br />
Leasehold Team.<br />
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32
Subletting your flat<br />
Leaseholders are allowed to sub-let their flat and<br />
no formal permission is required from <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong>.<br />
However, there are a few important points that<br />
need to be kept in mind:<br />
• You must advise <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
of your up to date correspondence address and<br />
contact number.<br />
• If you use a managing agent, you must also<br />
advise his/her name, address and telephone<br />
number.<br />
• You are responsible, under the terms of the<br />
lease, for the behaviour of any tenant or visitor<br />
to the flat.<br />
• The leaseholder is personally responsible for<br />
paying ground rent and service charges.<br />
• <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> insurance broker,<br />
Farr Insurance, advise that if the property is to<br />
be left empty for a period of 45 days or more<br />
that all mains services are turned off and the<br />
premises checked at least weekly.<br />
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Selling your flat<br />
You are free to sell your flat at any time on the<br />
open market.<br />
Do I have to pay anything to <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> when I sell my flat?<br />
If you are the original leaseholder who purchased<br />
the flat under the Right to Buy scheme, you will<br />
have to pay some of the sale proceeds to <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> if you sell within the first five<br />
years, as per your lease agreement.<br />
The amount that you have to pay is detailed in your<br />
lease and is calculated as a percentage of the<br />
original Right to Buy Discount that you received<br />
when you purchased your flat, when compared to<br />
the valuation of the flat that was used in the Right<br />
to Buy process. You are allowed to retain one fifth<br />
of this amount for every full year that you have<br />
owned the flat.<br />
Sale Enquiries<br />
As part of the conveyancing process the sellerʼs<br />
solicitor will make certain enquiries of the landlord.<br />
In <strong>Plymouth</strong> most solicitors have joined together<br />
under the name ʻFastmoveʼ and collectively they<br />
have designed a standard set of enquiries that they<br />
send to landlords.<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> makes a charge for<br />
responding to these enquiries. Usually the solicitor<br />
sending the enquiries will send a fee to cover the<br />
cost of this with the enquiries. However,<br />
occasionally this does not happen and the solicitor<br />
requires the leaseholder to pay this direct.<br />
What happens when the lease<br />
ends?<br />
The lease of the property lasts for a certain length<br />
of time, known as the lease term. This is usually a<br />
period of 125 years.<br />
At the end of the lease term the property ownership<br />
will transfer back to the landlord, <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong>.<br />
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34
Will <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
buy back my flat?<br />
At the moment <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> does<br />
not have a budget that would allow it to buy your<br />
flat from you but you can sell your flat on the open<br />
market at any time.<br />
However, <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> may<br />
consider buying back the flat in very exceptional<br />
circumstances, where for example a leaseholder<br />
is in severe financial difficulty and on the verge of<br />
being made homeless.<br />
Please contact our Leasehold Team to discuss<br />
this in the first instance.<br />
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35
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Leasehold Team<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> has a small<br />
dedicated Leasehold Team.<br />
The team has specialist knowledge in leasehold<br />
matters, including the terms of individual leases<br />
and leasehold legislation.<br />
If you have a query about your lease in general or<br />
something more specific please contact the<br />
Leasehold Team in the first instance. If your query<br />
requires specialist technical expertise we will be<br />
able to put you in touch with the correct person to<br />
speak to.<br />
They administer all leasehold service charge<br />
accounts. So if you want to discuss the best way<br />
for you to pay a service charge invoice please<br />
speak to a member of the Leasehold Team. The<br />
telephone numbers to call are 01752 388094 or<br />
01752 388109.<br />
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Frequently Asked Questions<br />
When the property needs<br />
repairing, what type of repairs<br />
can the leaseholder do<br />
?<br />
Can I arrange my own<br />
buildings insurance<br />
?<br />
The lease divides the property into two different<br />
parts. One part is the responsibility of <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> and the other is the<br />
responsibility of the leaseholder.<br />
The leaseholder is responsible for maintaining and<br />
repairing those parts that the lease describes as<br />
being ʻDemisedʼ. This roughly means that <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> is responsible for maintaining<br />
the structure and the external parts of the property<br />
and the leaseholder is responsible for maintaining<br />
the inside of the flat together with any pipes and<br />
wiring which are used solely by that flat. The exact<br />
repairing responsibilities are shown in each lease<br />
and these may vary slightly from property to<br />
property.<br />
Can I paint the outside<br />
of my flat<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is responsible for<br />
maintaining the outside of your home and therefore<br />
painting this would normally be the landlordʼs<br />
responsibility to do. However, if you feel that this is<br />
something that you would like to do please contact<br />
us to discuss further details on 01752 388094.<br />
Does <strong>Plymouth</strong> <strong>Community</strong><br />
<strong>Homes</strong> make a profit out of<br />
leaseholders<br />
?<br />
?<br />
No. Under the terms of all leases <strong>Plymouth</strong><br />
<strong>Community</strong> <strong>Homes</strong> is responsible for arranging<br />
this for all leasehold flats. In view of the number<br />
of properties involved the annual premium tends<br />
to be much lower than if you had arranged your<br />
own insurance.<br />
What is covered under the<br />
buildings insurance policy?<br />
Should I claim for my bath<br />
under the buildings or<br />
contents insurance<br />
?<br />
The policy covers the structure of the property<br />
together with fixtures and fittings in the flat. Items<br />
such as baths, bath panels, washbasins, sinks,<br />
splash backs, shower trays, toilets which are<br />
fixtures in the flat are covered under the buildings<br />
insurance.<br />
My lease says that I cannot<br />
make any alterations or<br />
additions to the premises without<br />
the prior consent of my landlord.<br />
How does this work<br />
?<br />
This clause does not cover such things as<br />
decoration or routine maintenance. It is designed to<br />
cover material alterations such as knocking down<br />
internal walls, changing the windows or front door<br />
of the flat, and erecting fences or walls in any<br />
garden area.<br />
No. <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> is a non-profit<br />
making organisation and a registered charity. We<br />
do not make a profit from leaseholders but we are<br />
expected to cover all our costs in providing the<br />
service.<br />
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To obtain an application form for consent please<br />
call the Leasehold Team on 01752 388109 or you<br />
can download an application form from the<br />
leasehold section of <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
website at:<br />
www.plymouthcommunityhomes.co.uk/UserFiles/<br />
File/Leaseholders/Consent_to_alteration_<br />
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37
Useful Contacts<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Devonport Housing Office<br />
10-12 Granby Way<br />
Devonport<br />
<strong>Plymouth</strong> PL1 4AB<br />
Tel. 0800 917 9497<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Estover Housing Office<br />
Leypark Walk<br />
Estover<br />
<strong>Plymouth</strong> PL6 8UE<br />
Tel. 0800 917 9496<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Head Office<br />
Princess Court<br />
23 Princess Street<br />
<strong>Plymouth</strong> PL1 2EX<br />
Tel. 0800 694 3101<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
North Prospect Office<br />
91-93 North Prospect Road<br />
North Prospect<br />
<strong>Plymouth</strong> PL2 2NA<br />
Tel. 0800 917 9499<br />
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Whitleigh Housing Office<br />
101 Whitleigh Green<br />
Whitleigh<br />
<strong>Plymouth</strong> PL5 4DE<br />
Tel. 0800 917 9498<br />
Other <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> Telephone Numbers<br />
Residential Leasehold Team 01752 388094/<br />
01752 388109<br />
Repairs Reporting 08082 306500<br />
Out-of-hours Emergency Repairs 0800 917 9459<br />
Annual Gas Servicing 08082 306500<br />
Asbestos Team 08082 306500<br />
Sheltered Housing 0800 917 9452<br />
Resident Involvement 0800 917 9457<br />
Compliments, Comments and Complaints 0800 694 3101<br />
Caretaking Service 0800 917 9455<br />
Home Contents Insurance Scheme 0800 694 3101<br />
Advice and Information<br />
Citizens Advice Bureau<br />
2nd Floor<br />
Cobourg House<br />
32 Mayflower Street<br />
<strong>Plymouth</strong> PL1 1QX<br />
Tel. 08448 269 717<br />
Age Concern<br />
Elspeth Sitters House<br />
Hoegate Street<br />
Barbican<br />
<strong>Plymouth</strong> PL1 2JB<br />
Tel. 01752 665424<br />
National Debt Line<br />
(Free debt advice)<br />
Tel. 0808 808 4000<br />
www.nationaldebtline.co.uk<br />
Benefits, Pensions and<br />
Financial Help<br />
Housing Benefit and Council<br />
Tax Benefit<br />
Revenues & Benefits<br />
<strong>Plymouth</strong> City Council<br />
Civic Centre<br />
<strong>Plymouth</strong> PL1 2AA<br />
Tel. 01752 668000<br />
Email:<br />
revenues@plymouth.gov.uk<br />
The Pension Service<br />
P.O. Box 8<br />
Swansea SA80 8AH<br />
Tel. 0845 606 0265<br />
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38
Consumer Advice<br />
Trading Standards<br />
<strong>Plymouth</strong> City Council<br />
Civic Centre<br />
<strong>Plymouth</strong> PL1 2AA<br />
Tel. 01752 304141<br />
Email: trading.standards@<br />
plymouth.gov.uk<br />
Office of Fair Trading<br />
Tel. 08457 224499<br />
www.oft.gov.uk<br />
Family and Personal<br />
Registrar of Births, Deaths<br />
and Marriages<br />
Lockyer Street<br />
<strong>Plymouth</strong> PL1 2QD<br />
Tel. 01752 268331<br />
Email: regoff@plymouth.gov.uk<br />
National Mediation Helpline<br />
Tel. 0845 603 0809<br />
www.nationalmediationhelpline.<br />
com<br />
Shelter<br />
Devon Housing Aid Centre<br />
Cobourg House<br />
Mayflower Street<br />
<strong>Plymouth</strong> PL1 1QX<br />
Tel. 0344 515 2399<br />
Womenʼs Aid Federation of<br />
England<br />
Head Office<br />
P.O. Box Bristol 391<br />
BS99 7WS<br />
Tel. 0808 2000 247<br />
Employment<br />
Jobcentre Plus<br />
64 Exeter Street<br />
<strong>Plymouth</strong> PL4 0AJ<br />
Tel. 0845 604 3719<br />
Equal Opportunities<br />
Disability Information Advice<br />
Centre<br />
Ernest English House<br />
Buckwell Street<br />
<strong>Plymouth</strong> PL1 2DA<br />
Tel. 01752 201065<br />
Email:<br />
diac@plymouthguild.org.uk<br />
www.plymouthguild.org.uk<br />
Equality and Human Rights<br />
Commission<br />
Tel. 0845 604 6610<br />
www.equalityhumanrights.com<br />
Housing<br />
Housing Ombudsman<br />
Service<br />
81 Aldwych<br />
London WC2B 4HN<br />
Tel. 0300 111 3000<br />
Email: info@<br />
housing-ombudsman.org.uk<br />
Land Registry<br />
Plumer House<br />
Tailyour Road<br />
<strong>Plymouth</strong> PL6 5HY<br />
Tel. 01752 636000<br />
Email: plymouth.office@<br />
landregistry.gsi.gov.uk<br />
National Housing Federation<br />
Lion Court<br />
25 Procter Street<br />
London WC1V 6NY<br />
Tel. 020 7067 1010<br />
Email: info@housing.org.uk<br />
Leaseholder Services<br />
Leasehold Advisory Service<br />
(LEASE)<br />
Maple House<br />
149 Tottenham Court Road<br />
London W1T 7BN<br />
Tel. 020 7383 9800<br />
Email: info@lease-advice.org<br />
Residential Property Tribunal<br />
Service<br />
Southern Rent Assessment<br />
Panel<br />
1st Floor<br />
1 Market Avenue<br />
Chichester PO19 1JU<br />
Tel. 0845 100 2617<br />
Tel. 01243 779394<br />
Email: southern.rap@<br />
communities.gsi.gov.uk<br />
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39
Definitions<br />
Assignment<br />
The passing on of the rights, privileges and liabilities contained within a lease<br />
from one lessee to another.<br />
Covenant<br />
A legally binding requirement contained in the lease.<br />
Demised Property<br />
These are the parts of the property that the leaseholder has bought and is<br />
responsible for maintaining and repairing.<br />
Enfranchisement<br />
The legal right of leaseholders to join together and purchase the freehold of<br />
the building from the current freeholder.<br />
Estate<br />
The land and buildings adjacent to the property from which the lessee<br />
derives benefit.<br />
Forfeiture<br />
A decision made by a court that a lessee must give up all rights to a<br />
leasehold property, without compensation, as the result of non-compliance<br />
with the terms of a lease.<br />
Freeholder<br />
A proprietor who holds a piece of land outright and has the right to lease,<br />
rent or sell as he pleases.<br />
Ground Rent<br />
An annual payment to the landlord for the lease, giving the right to occupy.<br />
Landlord<br />
The same as freeholder.<br />
Lease<br />
A legal document that contains the terms under which the lessee holds the<br />
property. The covenants within the lease are binding upon both the<br />
leaseholder and the freeholder for the term of the lease unless both parties<br />
agree to their variation.<br />
Leasehold<br />
A type of property ownership.<br />
Leaseholder<br />
Means all those people who are the legal owners of the lease of a property<br />
and whose names are on the lease or assignees of those persons.<br />
Lessee<br />
Another word for leaseholder.<br />
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40
Lessor<br />
Another word for freeholder.<br />
Long Term Agreement<br />
A contract for more than 12 months to provide works or services, for<br />
example decoration.<br />
Preserved Right To Buy<br />
(PRTB)<br />
See Right To Buy below. In certain circumstances, those secure tenants of<br />
<strong>Plymouth</strong> City Council who transferred to <strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong> still<br />
have preserved rights under the Right To Buy Scheme.<br />
Reserved Property<br />
That part of the block not included in the flats. This can also be referred to as<br />
the communal parts of the block. These are the areas that the landlord is<br />
responsible for maintaining.<br />
Right To Acquire<br />
(RTA)<br />
If you rent a property from a housing association you may be able to buy<br />
your home at a discount. The scheme is called the ʻRight to Acquireʼ.<br />
Right To Buy<br />
(RTB)<br />
You may have the Right to Buy your home, at a discount, if you are a<br />
council housing tenant or used to be a council housing tenant but your<br />
council home was sold to a housing association.<br />
Section 20 Notice<br />
A formal notice sent under s.20 Landlord & Tenant Act 1985 (as amended).<br />
This is part of a formal statutory consultation process that a landlord must go<br />
through with its leaseholders before carrying out any major work, where a<br />
leaseholder will be asked to contribute more than £250 towards the overall cost.<br />
Section 125 Notice<br />
This is the legal notice from a social landlord which sets out the valuation,<br />
discount and other matters under which it intends to sell a property or grant<br />
a lease to a person applying to purchase under either the RTB or RTA.<br />
Service Charges<br />
These are payments made by a lessee to a lessor for services provided, or<br />
to be provided and for the management and maintenance of the property<br />
and communal areas.<br />
Tenant<br />
Under housing legislation the words tenant and leaseholder have a similar<br />
meaning. The Landlord & Tenant Act 1985 states that a leaseholder is a tenant.<br />
Term<br />
This is the period of time from the granting of the lease to its end date.<br />
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Leaseholder <strong>Handbook</strong> Translation<br />
English<br />
This information is available in other languages and formats - Please contact: 0800 694 3101<br />
Chinese<br />
此 資 料 報 告 備 有 多 種 語 言 和 版 式 - 請 聯 絡 : 0800 694 3101<br />
Arabic<br />
: 0800 694 3101 الرجاء الإتصال–هذه المعلومات متوفرة بلغات و أشكال أخرى<br />
Czech<br />
Tyto informace jsou k dispozici v jiných jazycích i formátech. Kontaktujte, prosím: 0800 694<br />
3101<br />
Farsi<br />
نمائيدتماس ين تلفنالطفا با . ی باشندماين اطلاعات به زبانها و اشکال ديگر نيز قابل دسترسی<br />
0800 694 3101 :حاصل<br />
French<br />
Ces renseignements sont disponibles dans d’autres langues et formats – Veuillez contacter :<br />
0800 694 3101<br />
Kurdish<br />
: 0800 694 3101 تكايه په يوه ندی بكه به-ه م زانياريانه هه ن به زمانه آانی تريش وش وازی ديكهئ<br />
Polish<br />
Ta informacja może być dostępna w innych językach i formatach. Proszę kontaktować numer<br />
telefonu: 0800 694 3101<br />
Portugese<br />
A informaçao aqui apresentada esta disponivel noutras linguas e formatos, por favor contacte:<br />
0800 694 3101<br />
Russian<br />
Эта информация доступна на других языках и форматах – Пожалуйста свяжитесь с: 0800<br />
694 3101<br />
Turkish<br />
Bu bilgi başka yabancı dil ve formlarda mevcuttur - Bu numarayı arayın: 0800 694 3101
<strong>Plymouth</strong> <strong>Community</strong> <strong>Homes</strong><br />
Princess Court<br />
23 Princess Street<br />
<strong>Plymouth</strong> PL1 2EX<br />
Telephone: 0800 694 3101<br />
Email: info@plymouthcommunityhomes.co.uk<br />
Web: www.plymouthcommunityhomes.co.uk<br />
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Registered Office: Ground Floor, Princess Court, 23 Princess Street, <strong>Plymouth</strong>, PL1 2EX<br />
Charitable Industrial and Provident Society Registration No: 30637R