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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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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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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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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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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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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

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