Tag: Baroness Gardner of Parkes

The below Parliamentary question was asked by Baroness Gardner of Parkes on 2015-11-25.

To ask Her Majesty’s Government what consideration they have given to the issues involved in maintaining or improving leasehold properties under the Commonhold and Leasehold Reform Act 2002, in particular in central London, where a right to manage exists.

Baroness Williams of Trafford

The maintenance and repair of a block of flats containing leasehold properties is normally the responsibility of the landlord and will be set out under the terms of the lease. This responsibility can pass to a Right to Manage Company where leaseholders have exercised and acquired that right, allowing them to exercise direct control over how their block is maintained.

Landlords, or those who have acquired the Right to Manage, have a contractual obligation under the terms of the leases to carry out necessary works to the properties that they are responsible for maintaining. Where works are suggested by a majority of leaseholders that are not essential to the repair or maintenance of the property, we would expect landlords to engage with their leaseholders to discuss the feasibility of the suggested works, but there are no plans to legislate to obligate landlords to carry out such work.

There are also no plans to legislate to provide a limited time within which non-resident leaseholders who fail to respond to a proposal for qualifying works, are deemed to have agreed to the proposed works. The statutory consultation process (known as section 20) gives leaseholders the ability to have a greater say on proposed works to their property by making observations. It does not require leaseholders to make observations, but any observations that are made must be made within a specified time limit. The landlord (or Right to Manage Company) is therefore in the knowledge that subject to observations made, they are able to proceed with necessary works.

The below Parliamentary question was asked by Baroness Gardner of Parkes on 2015-11-25.

To ask Her Majesty’s Government whether they plan to legislate in connection with the right to manage in order to provide a limited time within which non-resident leaseholders who fail to respond can be deemed to have agreed to a proposal.

Baroness Williams of Trafford

The maintenance and repair of a block of flats containing leasehold properties is normally the responsibility of the landlord and will be set out under the terms of the lease. This responsibility can pass to a Right to Manage Company where leaseholders have exercised and acquired that right, allowing them to exercise direct control over how their block is maintained.

Landlords, or those who have acquired the Right to Manage, have a contractual obligation under the terms of the leases to carry out necessary works to the properties that they are responsible for maintaining. Where works are suggested by a majority of leaseholders that are not essential to the repair or maintenance of the property, we would expect landlords to engage with their leaseholders to discuss the feasibility of the suggested works, but there are no plans to legislate to obligate landlords to carry out such work.

There are also no plans to legislate to provide a limited time within which non-resident leaseholders who fail to respond to a proposal for qualifying works, are deemed to have agreed to the proposed works. The statutory consultation process (known as section 20) gives leaseholders the ability to have a greater say on proposed works to their property by making observations. It does not require leaseholders to make observations, but any observations that are made must be made within a specified time limit. The landlord (or Right to Manage Company) is therefore in the knowledge that subject to observations made, they are able to proceed with necessary works.

The below Parliamentary question was asked by Baroness Gardner of Parkes on 2015-11-25.

To ask Her Majesty’s Government whether they will clarify the measures that can be taken to enable works to be carried out when they are wanted or needed by a majority of leaseholders in leasehold residential properties.

Baroness Williams of Trafford

The maintenance and repair of a block of flats containing leasehold properties is normally the responsibility of the landlord and will be set out under the terms of the lease. This responsibility can pass to a Right to Manage Company where leaseholders have exercised and acquired that right, allowing them to exercise direct control over how their block is maintained.

Landlords, or those who have acquired the Right to Manage, have a contractual obligation under the terms of the leases to carry out necessary works to the properties that they are responsible for maintaining. Where works are suggested by a majority of leaseholders that are not essential to the repair or maintenance of the property, we would expect landlords to engage with their leaseholders to discuss the feasibility of the suggested works, but there are no plans to legislate to obligate landlords to carry out such work.

There are also no plans to legislate to provide a limited time within which non-resident leaseholders who fail to respond to a proposal for qualifying works, are deemed to have agreed to the proposed works. The statutory consultation process (known as section 20) gives leaseholders the ability to have a greater say on proposed works to their property by making observations. It does not require leaseholders to make observations, but any observations that are made must be made within a specified time limit. The landlord (or Right to Manage Company) is therefore in the knowledge that subject to observations made, they are able to proceed with necessary works.

The below Parliamentary question was asked by Baroness Gardner of Parkes on 2016-04-13.

To ask Her Majesty’s Government how they reconcile the additional financial burden placed on local authorities, such as those set out in the Housing and Planning Bill, with the level of financial support they provide to meet those costs.

Baroness Williams of Trafford

The government requires policies not considered and funded as part of the multi-annual local government settlement process to be subject to new burdens assessments. New burdens assessments require departments to detail financial costs on local authorities from new legislation or regulation and provide funding to meet these costs.

Measures in the Housing and Planning Bill will be subject to these assessments.

The below Parliamentary question was asked by Baroness Gardner of Parkes on 2015-10-20.

To ask Her Majesty’s Government whether there is an authority that has the right to inspect properties with regard to the number of people living in the property; and what power that body has to act.

Baroness Williams of Trafford

Local authorities have powers under Part 10 of the Housing Act 1985 to tackle overcrowding. They can inspect a property to determine the number of people who are living there and have powers to take action against landlords of overcrowded properties on a tenant’s behalf, such as serve a notice to abate overcrowding.

In addition the Housing Act 2004 introduced the Housing Health and Safety Rating System which is designed to assess the presence and severity of a range of hazards in the home, such as excess cold, fire, crowding and space. This allows action to be taken by local authorities, such as issuing an improvement notice, against individual properties which are substandard or dangerous.