Leaseholders handbook

The Royal Borough of Kingston’s responsibilities

The Council is responsible for the maintenance and upkeep of the structure, exterior and shared parts in a block of flats. You are then liable for your share of the cost of any such work via your service charges.

These are often referred to as communal repairs and maintenance. Depending upon the design of the building and the nature of its construction, the works and services necessary may include:

• exterior walls
• roof
• foundations
• timbers and joists
• beams
• chimney stacks
• rainwater and soil pipes
• sewers and drains
• gas, water and electricity pipes up to the flat
• district heating
• lifts
• external decoration
• internal communal areas such as stairs,landings etc
• communal windows and doors (to stairways etc.).

Please note this is not an exhaustive list.

Window repairs

For the majority of leases the Council is usually responsible for maintaining windows and doors serving individual flats.

Leaseholders are not permitted to replace the windows and front or rear doors unless they have an existing deed of variation, an addition to the lease that passes responsibility for windows and doors to the leaseholder(s) (a copy will be lodged at the Land Registry). We no longer grant deeds of variation for windows and doors.

The cost of all other work undertaken, including the windows and doors to communal hallways and stairwells, will continue to be invoiced in the service charge.

Heating repairs and maintenance

Access to any communal service area and electrical/ gas/water supply service is restricted to council’s maintenance contractor and authorised staff. Kingston Council maintains heating and hot wate services within leaseholders’ flats and maisonettes where leases were granted before January 1988.

Please make sure you know where the stop-cock is for turning off the main water supply to your property. If your water supply is cut off for any reason, turn off all the taps and keep sinks and baths unplugged. This will prevent any flooding when the water supply is restored. The stop cock is usually located inside your property and near to where the mains supply enters the property.

If your lease was granted before January 1988 you may ask for a deed of variation to your lease that will enable you to look after your own heating and hot water services.

A request for a deed of variation should be sent to:

Housing Business Support Team
Royal Borough Kingston upon Thames
Guildhall 2
Kingston upon Thames
KT1 1EU
Email: business.supporthcl@kingston.gov.uk

In January 1988, Kingston Council introduced new leases requiring leaseholders to maintain their own heating and hot water services.

Leaseholders’ responsibilities

In addition to the obligation to pay for their share of the cost of communal repairs undertaken by the Council, leaseholders are responsible for repairs inside their own flats.

These can include but are not limited to:

• fittings such as kitchen units and sinks
• floorboards
• internal non-structural walls
• plaster or other surface materials on interior walls and ceilings
• internal doors and door frames
• toilets, baths and showers
• radiators, cisterns, tanks, boilers and pipes used exclusively within the flat
• gas, water and electricity installations exclusive to the flat
• fixtures, fittings and internal decorations
• responsibility for any leaks or burst pipes, including damage caused to other property as a consequence
• preventing condensation by keeping your rooms at an even temperature and ventilating your rooms well.

How to report repairs to the Council

During office hours:

On weekdays between 9am - 5pm (4.45pm on Fridays) for repairs to the fabric, structure or exterior of the block you should telephone the Housing Contact Centre on 020 8547 5003.

For repairs to your heating and hot water services where Kingston Council are responsible, you should also telephone the Housing Contact Centre on 020 8547 5003.

Outside normal office hours:

Only emergency repairs will be dealt with outside of normal working hours. This covers work that must be carried out to avoid danger to residents or serious damage to the building. The emergency telephone number is 020 8547 5003.

On the Council website

You can report repairs online

By email

You can also email the Housing Contact Centre: housing@kingston.gov.uk

Getting the Council’s permission to carry out repairs or alterations

You can redecorate the inside of your flat and replace fittings within your property, but you must not carry out any structural works for example, installing heating, rewiring, removing walls , without obtaining the Council’s written permission first.

To request the Council’s permission, please write to:

Housing Business Support Team
Royal Borough Kingston upon Thames
Guildhall 2
Kingston upon Thames
KT1 1EU
Email: business.supporthcl@kingston.gov.uk

Provide as much detail as possible of the work you would like to carry out. In some cases the alteration you plan to make may demand a formal change to the lease in the form of a Deed of Variation for which the Council’s legal team will charge an administration fee.

You may also need to check whether you require planning and/or building control permission before you begin. For planning advice you should telephone the Environment Contact Centre on 020 8547 5002.

Rights and responsibilities

This section summarises Royal Borough of Kingston upon Thames’s role as your landlord and freeholder, and your rights and obligations as a leaseholder. The full details are in your lease document.

The Council’s responsibilities

The Council has a duty to:

• repair, maintain and redecorate the structure and exterior of the property, including drains, external pipes and roofs.
• keep the building insured against fire, lightning, explosion and other such risks that it is prudent to insure against
• manage your block or estate in a proper and reasonable manner
• advise leaseholders of the Council’s yearly estimate of service charge for their flats
• provide a summary of costs at the end of each year showing the actual costs for services to your block or flats over the previous year, and your contribution towards them
• consult with leaseholders before undertaking any major works to the building.

The Council has the right:

• of entry, to repair or maintain communal facilities and to fix structural defects having given reasonable notice. In an emergency, no formal notice needs to be given
• to rebuild, restrict or develop any part of the block and/or estate or neighbouring land.

The Leaseholders’ responsibilities

As a leaseholder you have a duty:

• to pay the ground rent, service charge and major works costs as demanded
• not to make alterations or additions to the structure, including drains, external pipes and windows, without the Council’s prior written permission
• to advise the Council’s housing department of any transfer of lease or mortgage, assent, vesting deed, assignment, charge or devolution of the flat
• not to transfer “part only” of the flat
• to keep the flat owned by you in good repair
• to pay your proportion of any major works carried out to your block (which is your block percentage share shown in your lease)
• to observe the terms and regulations contained in your lease
• to send a copy of any Notice affecting the property to the Council’s housing department
• not to do any illegal act or thing which may be or become a nuisance or annoyance or cause damage to residents or any part of the building
• not to play loud music causing nuisance or annoyance to neighbours or be heard outside leaseholders’ flats between the hours of 11.00pm and 7.00 am
• abide by other regulations as laid out in your lease.

You also have the right:

• to information on service charges and the costs incurred to your block of flats. For example, within six months of receiving the audited summary of costs, you may request to see the invoices and documents that support the summary
• to be consulted about major works affecting your block of flats.