Leaseholder and shared ownership expectations

The Ombudsman's expectations are taken from common themes seen in our casework. This information seeks to provide landlords with an understanding of what action to take in response to leaseholder and shared ownership complaints.

Complaint handling

• landlords must adhere to timescales in their policies and the Complaint Handling Code, they should reflect on ways to continually review and improve its handling of complaints
• strengthen lease agreements at the outset to avoid confusion or delays when trying to put things right when they go wrong
• all relevant information held on landlord systems about properties, leases and responsibilities should be accurate and up to date - landlords should reference the Spotlight report on Knowledge and Information Management and its recommendations

Repairs and defects

• clearly outline the landlord's repair responsibilities, the resident's repair responsibilities, and how a resident can quickly access, repairs, and recharge for work carried out to fix issues
• clearly communicate response times during the defects period and after this has expired and adhere to the landlord's policy timelines
• it is the landlord's responsibility to hold developers accountable for repairs under a defect period including adequate standards and timely responses. Resident satisfaction with repairs should be considered when evaluating contractors
• landlords should keep residents up to date on works required and expected response times

Estate management and managing agents

• timely and accurate communication with residents regarding repairs to communal and any associated charge
• inform residents about maintenance works and repair schedules and any changes to charges associated in a clear understandable format
• landlords are expected to monitor and address poor performance of an agent it has appointed as if the service was ‘in-house’. landlords should reference the recommendations from the Ombudsman's Spotlight on landlords’ engagement with private freeholders and managing agents

Service charges

• provide clear, transparent information about service charges, including the landlords authority to claim the charge under the tenancy agreement or lease
• supply clear documentation about service charges at tenancy sign-up or during the conveyancing process
• respond to requests for summaries or breakdown of charges and service charges in a timely manner and provide supporting paperwork or receipts where appropriate.

Sales process

Landlords sometimes offer financial incentives when selling shared ownership leases, such as money towards various costs or a period of discounted service charges. Any such incentives need to be communicated clearly, recorded correctly and honoured.

Landlords are expected to:

• ensure staff are well-informed about property products, differences, and legal obligations
• provide clear information to prospective purchasers
• assess each step of the sales process and consider whether their actions or omissions caused avoidable delays
• consider adequate redress (where appropriate) to help resolve disputes effectively

Building safety and cladding

• landlords should assess their approach against our guidance note and recommendations from our Spotlight report on dealing with cladding complaints and ensure that they are adequately communicating with residents while exercising discretion in dealing with individual cases
• share compliance plans with residents
• show empathy for residents affected by cladding assessments

If you are a leaseholder or shared owner, this information will help you understand what action you should take if you have a concern that you wish to raise with your landlord and what you can do if you remain unhappy with their response.  

• check your lease or tenancy agreement to understand the areas that you are responsible for and those that your landlord is responsible  
• you can contact your landlord to clarify terms under your lease and this should be provided in a clear understandable format  
• if you have a concern about the terms or obligations under the lease you should contact your landlord in the first instance and ask it to send you any relevant information and guidance
• If your concern relates to a service charge, you have the right to ask your landlord for a summary showing how the charge is worked out and what it is spent on
• if you are unhappy with the service that your landlord has provided, you can open a complaint directly with your landlord 
• if you remain unsatisfied with your landlord's final response or your landlord has failed to respond to your complaint, you can contact the Ombudsman for assistance