Recognition Agreement between EastendHomes Leaseholders & Freeholders Association and EastendHomes

 

EastendHomes Leaseholders and Freeholders Association, EEHLFA, is an association which exists to represent EeH leaseholders and freeholders in Tower Hamlets borough wide. The structure of the association is a central management committee supported by five area committees known as branch forums.  The Branch Forums comprise Glamis Estate, Holland Estate, St Georges Estate, the Mile End Estates and the Island Gardens Estates.

 East End Homes Ltd, EEH, is a registered social landlord and charity regulated by the TSA, Charity Commission and under the provisions of the Companies Act 2006. It is the freehold owner of the common parts of the Estates referred to above and the owner of the freehold reversion of homes let on tenancies and long leases.

EastendHomes Leaseholders and Freeholders Association is recognised by East End Homes as a borough wide representative body of homeowners with long leasehold or freehold residential property on East End Homes Estates.

In turn EEH is recognised by EEHLFA as the lawful owner of its interest in the Estates, entitled to payment of rents, service charges and other charges from leaseholders and freeholders according to law, with the legitimate objects of maintaining and improving the quality of housing on those Estates and extending the availability of housing where appropriate by all lawful means.

EEHLFA and EEH recognise the importance of working together with estate boards and other resident associations, to develop a strategic partnership to address the long term needs and aspirations of all residents in relation to planning regeneration, refurbishment and housing finance, and in relation to the wider community interests of EEH residents.

 

This Recognition Agreement guarantees Representation Rights as follows:-

The Right of EEHLFA to represent individual and groups of leaseholders/freeholders in its membership on any matter that relates to their housing contracts as determined by their leases and current housing legislation.

The Right of EEHLFA to represent individual and groups of leaseholders/freeholders in its membership on all matters affecting EEH resident rights and obligations.


This Recognition Agreement guarantees Consultation Rights as follows:-

EEHLFA will be consulted on the formation of policy and procedure and all proposed changes affecting the rights and obligations of homeowners. EEH will ensure that all reasonable steps are taken to reach agreement with EEHLFA and that the comments of EEHLFA are taken into account by the Main Board when making decisions on leaseholder policy.


This Recognition Agreement guarantees Channels of Communication between the parties as follows:-


A schedule of regular meetings with EEH management will be agreed covering the core issues:


Leasehold Strategy

Service Charges and Disputes


See Annex for schedule for schedule of meetings.


In addition, EEH and EEHLFA will undertake to hold further discussions on the feasibility of setting up a Leasehold Development Unit (LDU).  These discussions will focus on detailed proposals to be provided by EEHLFA and will address issues such as costs, a service charge levy to fund the unit, consultation with all leaseholders, employment implications and other relevant matters, prior to consideration of proposals being considered by the EEH Board.


EEHLFA and EEH also undertake to hold further discussions at an appropriate time in the future on whether meetings on major works/recharges might be necessary.


This Recognition Agreement is supplemented by a Memorandum of Understanding of even date, a copy of which is attached.

 

For and on behalf of                                                                         For and on behalf of

EastendHomes Freeholders                                                            EastendHomes

and Leaseholders Association

 

 

 

 

.........................................                                                                   ...................................

Chair                                                                                                  Chair EEH Board

 

 

 

 


.........................................                                                                  ...........................................

Vice Chair                                                                                         Chief Executive EEH

 

 


Date..........................................


 

 

ANNEX 1

 

 

SCHEDULE OF MEETINGS

 

 

Meeting Level Frequency

 

 

Strategy                                      Chief Exe. / Chair of Board                      Quarterly

 

Service Charges                        Homeownership Manager/                        Monthly

/Disputes                                     Head of Finance

 

 

 

SCHEDULE OF DATES

 

 

Meeting Dates

 

Strategy                        ............      .................    ..............    ................     .............

 

Service Charges            ...............    .................    ...............    ...............    ..............

/Disputes

 

 


 

Memorandum of Understanding between EastendHomes and EastendHomes Leaseholders & Freeholders Association

  

  • EastendHomes recognises the right of leaseholders and freeholders, as well as tenants, to form their own independent associations, and is committed to working towards establishing a constructive relationship with EastendHomes Leaseholders and Freeholder Association (EEHLFA).

  • EastendHomes recognises that it is important for leaseholders and freeholders to play a full and meaningful role alongside tenants in the governance of the organisation. To this end,  EastendHomes has developed a local board structure which represents both tenants and resident leaseholders and is at present the primary consultative forum for leaseholders regarding service provision, regeneration and improvements. In addition to a commitment to consulting individual leaseholders, EastendHomes recognises EEHLFA as a borough wide representative body for homeowners with long leases and freehold transfer agreements on EastendHomes Estates. As such EastendHomes recognises the benefits of including EEHLFA in its consultative arrangements with the Main Board and reporting the Association’s comments to the relevant EastendHomes boards where appropriate.
  • EastendHomes recognises the importance of providing EEHLFA with annual reports on compliance with agreed service standards including the following areas:

       a) The issuing of estimates

       b) The service charge final account bill

       c) Response to queries from leaseholders

       d) Service Charge Disputes

  • In recognition of the significant proportion of leaseholders and freeholders EastendHomes is committed to developing leaseholder specific services delivered either directly or via a third party. These will include debt advice services, home contents insurance and gas servicing arrangements.  EEHLFA will ensure that its members are made fully aware of any services provided by  EastendHomes which are of benefit to EEHLFA leaseholders and freeholders.
  • EastendHomes will make available estate notice boards to EEHFLA and will arrange, at no cost to the Association, the placing of publicity advertising its annual AGM and other EEHLFA events. Any such notice would need to be approved by EeH and submitted 5 working days in advance of the relevant date.
  • EastendHomes will make available, at no cost to the Association, the use of the Maha Centre on the British Estate for  EEHFLA’S AGM.  EeH will also make available on a cost basis the use of its premises to facilitate EEHFLA meetings on the acceptance by EEHFA of the standard conditions of let .
  • By entering into this Memorandum the EastendHomes Leaseholders and Freeholders Association recognises that leasehold ownership involves not just the benefits that accrue from home ownership, but also specific legal responsibilities, such as contributing towards the upkeep and maintenance of the block and estate and contributing to the cost of major works to the estate.  EEHLFA recognises that by law and as a charity, EeH is not allowed, nor would the organisation seek, to make a profit on service charges and that the organisation has a responsibility and duty to ensure that, on the one hand all service charges are efficiently and effectively collected; and that, on the other hand, services are provided to a reasonable standard, at a reasonable cost and deliver value for money.
  • EEH and EEHLFA both agree that if either party acts in a way that is not consistent with the Recognition Agreement or this Memorandum of Understanding and it is shown that this action is intended to cause reputational damage to either party, and if this matter cannot be settled between the parties through discussion and negotiation, and/or with the help of third party conciliation, EEH or EEHLFA may serve notice on the Agreement, separately or jointly, and the Agreement will be dissolved three months from the date on which the notice is served.