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WHAT WORKS IN THE SHORT TERM MAY NOT WORK LONG TERM

WHAT WORKS IN THE SHORT TERM MAY NOT WORK LONG TERM. HOUSING CORPORATION/TSA. I ASKED THEM ABOUT 1) Intensive housing management 2) Security 3) interior decoration of dwellings where this is the landlord's responsibility 4) Decoration and maintenance of common parts

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WHAT WORKS IN THE SHORT TERM MAY NOT WORK LONG TERM

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  1. WHAT WORKS IN THE SHORT TERM MAY NOT WORK LONG TERM CHRIS SMITH, HB HELP

  2. HOUSING CORPORATION/TSA I ASKED THEM ABOUT 1) Intensive housing management 2) Security 3) interior decoration of dwellings where this is the landlord's responsibility 4) Decoration and maintenance of common parts 5) Voids on service charges CHRIS SMITH, HB HELP

  3. THE RESPONSE • The corporation had no view of whether or not these were services or rent and would accept what the landlord did provided it could be justified. • The TSA has no view about this. It would expect landlords to follow good practice. It would be concerned about increases in service charges. CHRIS SMITH, HB HELP

  4. HB OFFICES KNOW LITTLE ABOUT SERVICES This means • They may agree to things that are not correct, either to be helpful to you or an SP team (but make sure they will!) • They may not agree to things that are correct • They may change their mind later CHRIS SMITH, HB HELP

  5. EXEMPT ACCOMMODATION Don’t try anything fancy unless you are sure that the accommodation is exempt (support provided by or on behalf of the landlord). Many RSL schemes are not exempt because a managing agent provides support on behalf of the SP team. CHRIS SMITH, HB HELP

  6. HB can be paid on: • Rent • Payments of, or by way of, service charges payment of which is a condition on which the right of occupation depends • Other types of charge not relevant to this issue. CHRIS SMITH, HB HELP

  7. Service charges “periodic payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from, or separately identified within other payments made by the occupier in respect of the dwelling”. CHRIS SMITH, HB HELP

  8. Services • “services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling”. CHRIS SMITH, HB HELP

  9. SERVICE CHARGES • Must be condition of occupation • Eligible or ineligible • Council can revise charge (except meals) • May not be related to accommodation • In a dispute a claimant must prove that a service charge is eligible CHRIS SMITH, HB HELP

  10. OBVIOUSLY RENT Management Maintenance (Anything that protect the interest of the landlord or tenants as a whole rather than a particular tenant- eg security) CHRIS SMITH, HB HELP

  11. DEFINED IN HB CASE LAW AS RENT • Voids • Long term maintenance charges CHRIS SMITH, HB HELP

  12. SERVICE CHARGES DEFINED IN HB REGS • Meals • Laundry • TV etc • Sports facilities & play areas • Cleaning • Transport • Furniture • Alarms • Care and support • fuel CHRIS SMITH, HB HELP

  13. Defined in HB caselaw as rent • Voids • Long term repairs CHRIS SMITH, HB HELP

  14. Defined in benefits caselaw These are defined in case law as eligible and probably services • Guest rooms • Communal gardens • Car parks for residents and visitors • Walkways and other parts of complex that might otherwise be inside home. CHRIS SMITH, HB HELP

  15. Defined in landlord/tenant law as rent • Repairing the structure and exterior of the dwelling house (including drains, gutters and external pipes; • Installations for supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not white goods, light bulbs and similar equipment) • Installations for space heating and heating water (including any communal or central heating system) CHRIS SMITH, HB HELP

  16. Defined in landlord tenant law as services • Lifts CHRIS SMITH, HB HELP

  17. Rent officer custom- rent • Provision, repair and maintenance of communal halls, stairways and passages • Provision of fixtures and fittings, including radiators, within the dwelling • Decoration of common parts, other than communal rooms • Management costs other than for service items • Staff training levies • Deficits and surpluses arising from previous years costs CHRIS SMITH, HB HELP

  18. Rent officer custom- services • Cleaning of common parts • Replacement lamps • Refuse sacks collection, hire of refuse containers • Fire and smoke alarms, Emergency lighting maintenance • Fire fighting and smoke dispersal equipment • Door entry systems • Pest control • Communal telephone rental • Maintenance of common parts and car parks • Gardening in common areas • Ventilation and air conditioning in common areas • Water softening and purification systems • Plant and equipment testing required by law except for items that are not services. • Portering, wardening and caretaking except insofar as this is part of the normal management and maintenance function • Decoration of communal rooms, laundry rooms etc. • Communal furniture and carpets • Communal white goods • Special facilities for the disabled. CHRIS SMITH, HB HELP

  19. Support services • General counselling and support • Personal alarms (not fire alarms) • Cleaning of own room CHRIS SMITH, HB HELP

  20. Not related to adequate accommodation • Must take account of individual needs • Not relevant whether a person uses a service (except support or similar personal services) CHRIS SMITH, HB HELP

  21. Meals Mandatory deductions 2008/9: • For someone aged 16 or over: • Full board seven days a week: £21.60 • Anything less then full board 7 days a week but more than just breakfast: £14.35 • Breakfast only: £2.65 • Lower rates for children CHRIS SMITH, HB HELP

  22. Staff time May need to do staff time survey: • Management • Maintenance • Other eligible • Support • Other support services • Other ineligible CHRIS SMITH, HB HELP

  23. Free services • Do not have to charge • But the council can ask- Where is the money coming from? CHRIS SMITH, HB HELP

  24. Simple service charge • Gardening contract £1000 pa • Admin at 5% £ 50 • Total cost £1050 • Divide by ten bedspaces = £105 • Divide by 52 weeks = £2.02 CHRIS SMITH, HB HELP

  25. Meal costs • Cost of food • Cooks’ wages (may need to be apportioned if they do something else) • Kitchen equipment, including white goods, cutlery, plates, cookers, etc, including depreciation and repairs • A proportion of the building costs to cover the cost of the fabric of the kitchen and dining room • Cleaning costs for the kitchen and dining room • A proportion for admin costs for the central office etc • Cook’s national insurance, training, recruitment costs, holiday relief. ( may be apportioned as above) • Furniture in the dining room. • Fuel for the kitchen and dining room. • A proportion of water rates CHRIS SMITH, HB HELP

  26. Fuel • Fuel for a resident’s own room (ineligible service) • Fuel for common areas (eligible service?) • Fuel for the office and other areas to which tenants do not have access (overhead) • Sometimes fuel may be a cost in providing other services, as in the meals example laid out above. CHRIS SMITH, HB HELP

  27. ALARM SYSTEMS • DO NOT SHOW THESE AS A SERVICE BECAUSE SCHEDULE 1 CLASSES THEM AS INELIGIBLE CHRIS SMITH, HB HELP

  28. Staffing Cost • Wages • National insurance, training, recruitment costs, holiday relief • A proportion of admin costs for central office • A proportion of the building costs to cover the office that they work from • Rates and fuel for their office • Office phone bills • Office equipment • Office furniture • Office redecoration • Staff car and associated costs DIVIDE THIS ACCORDING TO WHAT THE STAFF DO CHRIS SMITH, HB HELP

  29. Staff time • Management/Maintenance 45% • Meals 10% • Support 45% CHRIS SMITH, HB HELP

  30. Laundry facilities • Maintenance contract • Depreciation • Administration of the above • Allowance for repairs if no contract • Staff time supervising facility • Proportion of building costs, water rates, fuel. CHRIS SMITH, HB HELP

  31. INTENSIVE HOUSING MANAGEMENT • “Although the form of housing management provided in supported housing schemes will include all of the activities carried out in general needs housingthe nature of the scheme and its client group will require certain activities to be carried out much more frequently and thoroughly. This is generally known as Intensive Housing Management.” • (HC guide to supported housing) CHRIS SMITH, HB HELP

  32. INTENSIVE HOUSING MANAGEMENT Differs from support because its PRIMARY aim is to protect the interests of the landlord and other tenants CHRIS SMITH, HB HELP

  33. NIGHT COVER • Time keeping order and controlling entry- intensive management • Time doing minor repairs- day to day maintenance • Time spent dealing with resident in personal crisis- support • Time spent on call- allocate pro rata CHRIS SMITH, HB HELP

  34. IF MAKING CHANGES • MAKE SURE EVERYONE KNOWS WHAT HB HAVE BEEN TOLD • MAKE SURE YOUR JOB DESCRIPTIONS, TENANCY AGREEMENTS, AND OTHER DOCUMENTS REFLECT THIS • MAKE SURE THAT YOUR ACTUAL PRACTICE REFLECTS THIS CHRIS SMITH, HB HELP

  35. REFUNDING RENT THIS IS BENEFIT FRAUD CHRIS SMITH, HB HELP

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