1 Statement of Intent
1.1 The purpose of this policy is to set out how we (Square Roots) will respond to and manage complaints in a fair and consistent way.
1.2 Our aim will always be to resolve complaints as quickly as possible by taking an open, accountable and outcome focused approach.
1.3 We recognise that complaints represent an opportunity to rebuild trust with our customers as well as providing us with opportunities to learn and make service improvements. The Executive Team reviews complaints and their responses to ensure they meet the requirements of the policy.
1.4 We also like to know when we have done something well and exceeded your expectations. Therefore, we also monitor and respond to compliments that come into the organisation.
2 Outline of Policy
Definition of a complaint
2.1 We adopt the Housing Ombudsman’s definition of a complaint as follows:
‘An Expression of dissatisfaction, however made, about the standard of service, actions, or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.’
2.2 A customer does not have to use the word ‘complaint’ for it to be treated as such.
Definition of a service request
2.3 We adopt the Housing Ombudsman definition of a service request as follows:
‘A service request is a request from a resident to the landlord requiring action to be taken to put something right. Service requests are not complaints, but must be recorded, monitored and reviewed regularly.’
Exclusions
2.2 The following matters are not classed as complaints under this policy:
Reports of anti-social behaviour or harassment, which are covered by separate policies.
A service request e.g., a repair request.
Survey feedback e.g., from information you provide from our nominated feedback provider.
Complaints about services not authorised by Square Roots.
Where legal proceedings (by or against Square Roots), including personal injury accident claims have been initiated the case will be dealt with separately under a separate policy.
Complaints about any policy, process or rule of law will likely be excluded however Square Roots will review the application of these in relation to each complaint and then decide whether it is excluded or not.
2.3 We will only investigate complaints relating to our services that have been provided within the previous twelve months. However, we will review historical concerns if there is evidence of a recurring problem and will also take into consideration any circumstances that may have prevented a complaint from being raised earlier.
2.4 Exclusions will not be applied using a blanket approach, each case will be reviewed on a case by case basis, looking at the individual’s circumstances.
Scope of Policy
2.4 This policy extends to all our customers including individuals (or their advocates), groups of people or organisations who pay for, receive services from or hold reasonable expectations of the organisation as a service provider.
2.5 Members of the public may also complain if they are directly affected by something that the organisation has done or is planning to do. Members of the public who do not meet the definition in 2.1 do not have an automatic right to access the Housing Ombudsman with their complaint. We will address and resolve their complaint to the best of our ability as outlined in the policy.
2.6 Former tenants who contact us within twelve months of their tenancy ending will also be able to raise complaints in line with this policy.
2.7 Complaints received via MPs or local Councillors will be assessed in line with our definition of a complaint and dealt with accordingly. Whilst respecting the role played by MPs and local Councillors, this will not lead to a complaint being “fast-tracked”.
Complaint Process
2.8 We will deal with each complaint case on its merits and where necessary manage the complaint under a different but relevant policy or procedure. We will make this clear to you following our initial assessments of the complaint.
2.9 Complaints and compliments can be made in different ways:
By emailing: [email protected]
By calling: 0333 666 0102
In writing, addressed to Customer Services Manager at:
Square Roots Registered Provider Ltd
1 York Road
Uxbridge
UX8 1RN
2.10 All complaints however made will be processed in line with this policy and the time frames set out in 2.13 below. All complaints will be acknowledged and logged within 5 days.
2.11 We will always aim to resolve any issues without needing to raise a formal complaint. However, you will always have the right to enter your concerns into our formal process if that is your preferred option.
2.12 We set out clear timeframes for responding to complaints and how a complaint can be escalated.
2.13 We have a two stage complaint process:
| Officer Managing Complaint | Timeline | Next steps for complainant |
Stage 1
| Customer Services Manager. | Decision – 10 working days from receipt of complaint | Satisfied with outcome or request to escalate to Director for relevant service area. |
Stage 2
| Independent Review of Appeal: Director/Head of Service | Decision – 20 working days from request to escalate | Satisfied with outcome or Request to escalate to the Housing Ombudsman.
|
Stage 1 can be extended by a further 10 working days and Stage 2 by 20 working days, if warranted – customers will be kept fully appraised of any extensions of time required. |
Who Can/Cannot Make a Complaint
2.14 Anyone can make a complaint about the service, we or anyone working for us provide. However, we may not be able to share some information under GDPR, unless that person is an advocate with relevant permissions.
2.15 We treat complaints received through petitions or a group of residents in the same way as all other complaints. However, we will ask for a single point of contact to improve efficiency.
3 Putting Things Right
3.1 Where something has gone wrong will acknowledge this and set out actions we have taken or intend to take to put it right. This may include:
Apologising
Acknowledging where things have gone wrong
Providing an explanation, assistance or reasons
Taking action if there has been delay
Reconsidering or changing a decision
Amending a record or adding a correction or addendum
Providing financial remedy
Changing policies, procedures or practices.
3.2 Any remedy offered and will reflect the impact on the resident, focusing on putting things right, for example fixing an outstanding repair and apologising for a delay and acknowledging any shortfalls.
4 Compliments
4.1 We accept the Cambridge Dictionary definition of a compliment: “a remark that expresses approval, admiration or respect.”
Compliment Process
4.2 You can send us compliments via the following channels:
By emailing: [email protected]
Our website: https://squareroots.co.uk
Phone, by calling 0333 666 0102
In Writing addressed to Customer Services Manager at
Square Roots Registered Provider Ltd
1 York Road
Uxbridge
UX8 1RN
4.3 When we receive a compliment, we acknowledge the same and inform the individual or team to whom it relates.
4.4 We monitor the volume of compliments received and report on it quarterly alongside our complaint reporting.
4 Diversity and Inclusion
4.1 In line with our Diversity and Inclusion commitments all complainants will be treated fairly, equally and with respect regardless of their gender, race, age, disability, faith, marital status, sexual orientation, or other distinction.
4.2 Reasonable adjustments in line with the Equalities Act such as accessibility to discuss complaints of information in a different format e.g., large print, audio tape, an alternative language, with staff and or where the provision services of a translator are required can be provided upon request.
4.3 If we feel that you require support we may signpost you to agencies such as Citizens Advice to help facilitate a resolution.
5 Unreasonable or Persistent Complainants
5.1 We expect all customers to behave reasonably and cooperate with us throughout the process.
5.2 If you raise multiple complaints at the same time, we will provide you with one case number and point of contact, where possible. If you raise further concerns when we have already issued a response, or it would unreasonably delay our response, we will log and provide a new case number.
5.3 We will aim to resolve the complaint in line with our timeframe in section 2.13 above.
5.4 All forms of unreasonable behaviour will be covered under our Unacceptable Behaviour Policy.
6 Social Media
6.1 If you contact us with an enquiry or complaint on social media, we will ask you to send us a private message with further details. We will also ask for information to allow us to find you on our systems (e.g., name, address, contact details).
6.2 We will never discuss anything sensitive or reveal personal information in a public message on our social media channels.
7 Complaint Closure
7.1 Following completion of an investigation and sending a written response your complaint will be closed. We will attempt to make contact with you within 10 working days of sending your complaint response to discuss.
7.2 We may close a complaint even if actions are outstanding, such as a repair, as long as we have provided clear guidance and timelines on what will happen next.
8 Housing Ombudsman Service
8.1 If you remain dissatisfied with the outcome of your Complaint you have the right to contact the Housing Ombudsman Service (HOS).
8.2 As a member of the HOS (as required by the Housing Act 1996 (amended by the Housing Regeneration Act 2008)) we will cooperate fully with the Ombudsman making all files and records available on request. Actions required because of any determinations will be overseen by either the Managing Director or the relevant Director supported by organisations staff as required. We will ensure full compliance of the Ombudsman’s “Final Destination” barring any exceptional circumstances.
9 Member Enquiries
9.1 We manage Member Enquiries (from MPs or Councilors) in the same way we would manage an enquiry from our customer. For example, if it is a first time request for a service, it will be treated as a service request.
9.2 Member Enquiries that express dissatisfaction with a service will be logged as a stage one complaint in line with our policy.
10 Value for Money
10.1 All complaint responses will be subject to review by the Customer Services Team, who will ensure that potential opportunities for improvement are identified. Service Managers are responsible for developing and implementing improvement work discovered during a complaint investigation. We will publish learnings outcomes from complaints as part of our annual value for money resident report, on our website
10.2 In certain cases, there may be times when residents or customers may suffer some disadvantage or loss because of actions, errors or mistakes made by the organisation. In these instances, compensation may be considered.
10.3 We will regularly review the cost and quality of the complaints handling service and seek efficiencies. To assist with this process, we will obtain relevant benchmarking information provided by other housing providers.
11 Consultation
11.1 The executive team will review this policy to the dates outlined below and consider any feedback from resident’s reviews and surveys.
12 How will the policy be implemented?
12.1 All staff across the organisation are responsible for the implementation of this policy, and implementing lessons learnt
12.2 Square Roots have a complaints officer, the Head of Compliance & Customer Services who is responsible.
12.3 We will engage with our customers, the Housing Ombudsman and maintain relevant compliance under the current legislation (see Section 12).
13 Monitoring
13.1 This policy will be reviewed in line with any changes in legislation, regulation, residents’ feedback, and sector best practice.
13.2 Performance measures and targets have been developed to help determine the efficiency and effectiveness of the organisation’s complaint service. Internal and external feedback will be used to obtain complaints performance information and identify progress and service improvements.
These will be reported to senior management within the organisation and
its Board. The Board will receive 6 monthly reports detailing the volume of complaints received, at which stage they were resolved, and any trends or themes within the complaints.
14 Review
This policy will be formally reviewed every three years by the board subject to significant changes in legislation, regulation or governance arrangements that require an immediate update.
15 Legislation relevant to this policy and other documents
The Housing Act 1996
The Housing and Regeneration Act 2008
The Localism Act 2011
Data Protection Act 2018 and UK GDPR (General Data Protection Regulation)
Equality Act 2010
Membership of the Housing Ombudsman Scheme is mandatory
Tenant and Involvement Empowerment Standards
Adopted:
Reviewed: 8th September 2022
Reviewed: 8th February 2023
Reviewed: 19th March 2024
Next Review: September 2025
1. Introduction
1.1. The purpose of this document is to present the general policy on service charge, setting out the aims, principles and values that will be followed by Square Roots in its operation of them.
1.2. Service Charges are governed by the legal framework set out in the Landlord and Tenant Act 1985 and the Commonhold and Leasehold Act 2002. The GLA Service Charge Charter gives guidance and seeks to improve the experience of our customers in relation to their service charges. Square Roots as a registered provider is obliged to meet the obligations under the GLA Service Charge Charter in addition to the above legislation.
1.3. Service charges are payable by assured tenants and by leaseholders. In the rest of this document assured tenants are referred to as “tenants” and “leaseholders” shall be taken to include residential, shared ownership.
1.4. Non-Residential Occupiers – Square Roots will never own Non-Residential accommodation. However, we may be required on some projects to set Service Charges for a building and wider estate that include Non-Residential, and also have responsibility for setting and collecting Services Charges that support the cost of the services for the entire building.
1.5. This policy has been written having regard to the Square Roots vision and values and to reference material from Homes England/GLA and RSH (Regulator of Social Housing), guidance, relevant legislation, leases and tenancy agreements and industry-wide best practice. The policy is underpinned by operational procedures which have been formulated and developed in consultation with solicitors and staff as appropriate.
2. Statement of Intent
2.1. Square Roots is committed to meeting its responsibilities to all residents under the terms of their tenancy agreements or leases and to providing them with value-for-money services in the management and maintenance of their homes and estates.
2.2. Square Roots is bound by the terms of the tenancy agreements and leases issued either by it or by relevant legislation.
2.3. Service charge items are defined by the lease or tenancy agreement. If the lease or tenancy agreement does not provide that a charge for a particular service can be recovered by Square Roots, then the cost cannot form part of the service charge until there has been a formal variation of the tenancy or lease.
2.4. Square Roots variable service charges are the recovery of costs which do not necessarily fluctuate in line with inflation or the rent formula, however Square Roots will aim to obtain value for money at all times.
2.5. Square Roots will seek to recover all reasonable service charges to which it is entitled.
3. Definition of Service Charges
3.1. Residential service charges can be either fixed or variable. Square Roots operates variable service charges.
3.2. Service charges are costs payable directly or indirectly for services, repairs, maintenance, insurance, or Square Roots costs of management in respect of a dwelling where the amount of the charge varies in accordance with the costs incurred by Square Roots and/or its managing agents, , and which are required to be paid by the tenancy agreement or lease in addition to the rent. Square Roots will aim to set service charges at a level which covers the full costs of providing the required services to the communal areas.
4. Calculation and Recovery of Service Charges
4.1. Service charges to tenants will be made in accordance with the tenancy agreement and with relevant legislation.
4.2. Service charges to leaseholders will be made in accordance with the lease and with relevant legislation.
4.3. Schemes containing <200 homes - service charge costs will be apportioned to properties on a square foot basis. Where any apportionment of costs is undefined by the lease or by the tenancy agreement, Square Roots will calculate the share to be paid based on reasonable assumptions.
4.4. Schemes containing >200 homes – service charge costs will be apportioned to properties on a unit type basis. Where any apportionment of costs is undefined by the lease or by the tenancy agreement, Square Roots will calculate the share to be paid based on reasonable assumptions.
4.5. Non-Residential Accommodation – service charge costs will be apportioned to properties on a square foot basis. Where any apportionment of costs is undefined by the lease or by the tenancy agreement, Square Roots will calculate the share to be paid based on reasonable assumptions.
4.6. In accordance with its tenancy agreements and lease, Square Roots will issue an estimate service charge for the financial year (1st April to 31st March) so that it is received at least 28 days before 1st April in each year. The estimated service charge will be based on existing cost data and on known cost projections for the year to come.
4.7. In accordance with its tenancy agreements and leases Square Roots will issue a service charge statement in sufficient time for it to be received by service charge payers no later than the end of September following the end of the financial year. This will show actual costs incurred by the property.
4.8. In line with legislation and upon request, tenants and leaseholder will be entitled to see supporting evidence of the information contained in their service charge statement. This request must be made within six months from the date that the statement was issued. After that time, it is a matter for Square Roots discretion. Square Roots may deny this request after the expiry of the six-month period if it considers the request to be frivolous or vexatious, or if it considers sufficient information has already been provided.
4.9. Credits or debits arising from the statement (i.e., the difference between the estimate and the statement for the same year) will, although due, be by default carried over to the financial year following the statement issues. If after taking into account the current years estimated charges raised, there is still a credit, then the leaseholder or tenant will be offered a refund.
4.10. In accordance with legislation Square Roots considers the charge to belong to the property, not to the tenant or leaseholder. Credits or debits arising from the service charge statement will be issued in accordance with respective tenancy agreement or lease.
4.11. For tenants Square Roots may, after consultation introduce modify or withdraw services and adjust the service charge accordingly.
4.12. For leaseholders the services provided, and the accompanying service charge will be defined solely by the lease. Any deviation from this will require a Deed of Variation (s), the enactment of which is to be paid entirely by the requesting/requiring party.
4.13. Legislation generally requires service charges to be demanded within 18 months of the cost being incurred. The point at which a service cost is considered to have been incurred is the date on which Square Roots made the associated payment or received the demand for which payment should be made, whichever comes first.
4.14. Services will be delivered under either short-term or long-term contracts. The estimated service charge set will divide the service charge up into 12 equal monthly instalments.
5. Major Works (Section 20)
5.1 Square Roots will comply with the (as amended) Commonhold and Leasehold Reform Act 2002, in consulting Landlord and Tenant Act 1985 with individual leaseholder and/or tenants on any service charge costs which exceed certain prescribed amount. This applies to Qualifying Works such as repairs and some improvements (major Works), or to contracts known as Qualify Long Term Agreements (QLTA’s) which exceed 12 months.
5.2 Where a service charge item will be greater than a certain amount per dwelling (at the time of writing, £250 for a one-off cost or £100 for a contract of more than 12 months), Square Roots will carry out the statutory (or Section 20) consultation procedures. The leaseholder and/or tenants is provided with a notice that Square Roots intends to carry out works or enter into a contract and then given the estimated costs and a proposed contractor before the work is carried out. The leaseholder and/or tenant may comment on Square Roots intentions and the proposed costs and Square Roots will give due consideration to the comments received in line with its statutory obligation. In certain circumstances the leaseholders and tenants have the right to nominate a contractor or supplier from whom we are obliged to try and obtain a cost estimate. The consultation process takes a minimum of three months.
5.3 Major Works (S.20) costs to leaseholder, where statutory consultation has been carried out, will be billed separately from the annual service charge bills. QLTA costs however will be included in the annual service charge.
5.4 Square Roots will begin to seek payment of all leasehold Major Works bills after one month of issue, to be settled within 12 months of issue.
5.5 Major Works costs to tenants (this will mostly be for QLTA’s such as security contracts), where statutory consultation has been carried out, will be included in the annual service charge. They will not receive a separate bill.
5.6 Major Works bills will be issued to leaseholders as soon as Square Roots is able to verify the costs with an acceptable audit trail, but no later than 18 months after the costs were incurred.
5.7 If it is not possible for an accurate Major Works bill to be issued within 18 months of the cost being incurred, service charge payers will be formally advised via a S.20B Notice and the bill will be issued as soon as possible after that.
6. New Developments
6.1 Square Roots will draft leases and tenancy agreements in new developments that allow Square Roots to recover costs fairly and according to the services enjoyed by the individual leaseholders and tenants.
6.2 New developments will aim to be designed to make service charges affordable to leaseholder’s and tenants, and to provide the best value for money possible.
6.3 Square Roots will provide its leaseholders and tenants with a detailed estimated service charge, giving them as much information as possible for them to understand their obligations, current and potential future costs, in order for them to make informed decisions on the affordability of their new home and the service provided to them.
7. Sinking Funds
7.1 Leases in new developments where Square Roots is not subject to a superior agreement may, at Square Roots discretion, include a sinking (or reserve) fund.
7.2 Sinking funds should be reasonable and tailored to the nature of the development, accurately reflecting the extent of shared areas, associated levels of plant and infrastructure, and major works programmes. They should be reviewed periodically to ensure value collected will cover the cost of future replacement.
7.3 The value of sinking fund contributions should be sufficient to prevent large claims being made on leaseholders, in years when high value cyclical or replacement woks are required.
7.4 Sinking funds once paid are allocated against each property for the benefit of any future planned or cyclical maintenance requirements. The sinking funds collected will be identified each year in the service charge account for each community as reserve funds. These funds are not refundable to leaseholder on the sale of their property, they remain an asset for the properties contribution to future planned and cyclical maintenance obligations to any common parts of the building in which the property is located.
7.5 Sinking funds are not paid for by tenants, as these obligations remain with the landlord.
7.6 Square Roots and/or its investors should make sure that equal sinking fund contributions are paid into the Service Charge account for homes occupied by tenants, to ensure the Service Charge account has equal and transparent funds for future planned maintenance works.
7.7 Sinking fund contributions will be calculated as realistically as possible to cover projected relevant life cycle costs, but if at any time the sinking fund has insufficient resources to affect a repair Square Roots consider necessary, the difference will be levied as a separate charge.
7.8 Square Roots will not operate informal or voluntary sinking funds. It will only operate sinking funds which have been included in the lease or in a Deed of Variation.
7.9 Where Square Roots is subject to a superior agreement in a larger mixed-use development and the individual property’s share of sinking fund contributions will be as per that agreement. (Though tenants will not be liable for Square Roots repairs contributions).
8. Budget Monitoring
8.1 Spending is monitored by the appointed managing agent and overseen by the Square Roots estates team, depending on the service being provided. The finance department provides monthly spend to date information to all budget holders.
8.2 The estates team in conjunction with the individual managing agents are responsible for estimating service charge information for each scheme and block.
8.3 Service provision and cost expenditure should be reviewed regularly to ensure that that ongoing costs to tenants and leaseholders are minimised and where appropriate are reduced accordingly.
8.4 Payment Plans – where sinking funds have not been sufficient, or where an unexpected, unforeseen capital expenditure is required that is outside of any warranty provision, Square Roots will put in place a repayment plan for said works for those leaseholders that are in financial hardship, if the leaseholder raises issues of repayment during the s.20 consultation period.
9. Disputes over the Service Charge
9.1 Challenges to the service charge will primarily be dealt with by the managing agent according to the lease or tenancy agreement and according to legislation. Escalation to Square Roots may be appropriate if the dispute is not resolved.
9.2 Challenges to service charges will be defined as a complaint or a service request, as per a Square Roots Complaints and Compliments policy. The difference between complaints and service requests are defined within the complaints policy.
9.3 Leaseholders and tenants have the statutory right to challenge Square Roots service charge in the First Tier Property Tribunal and also via Housing Ombudsman.
9.4 Challenge and complaints procedures should be made clear to leaseholders and tenants when they move in and made easily available either as part of the Service Charge statement or located on our website.
9.5 Where there is a managing agent, it should be made clear who leaseholders and tenants should contact to complain about services to the building and wider estate, it should also be clear to leaseholders and tenants what Square Roots responsibilities are, and how they can help.
9.6 Where further detail is required to challenge service charges (e.g. invoices, detailed accounts) this should be made available in a timely manner in line with this policy.
10. Equality and Diversity
10.1 In line with Square Roots’ Diversity and Inclusion Policy, our leaseholders and tenants will be treated fairly and equitably without discrimination or prejudice regardless of their age, disability, gender, reassignment, marital status, race, faith, gender, sexual orientation, or pregnancy/maternity.
10.2 If a leaseholder or a tenant wishes to receive information in a different format, e.g., large print or as a recording, or requires information in an alternative language or the services of a translator, this can be provided as long as the cost is reasonable.
10.3 Square Roots will also seek to make Service Charges fair, transparent, and affordable specifically for families in larger accommodation, and for families and individuals occupying wheelchair accessible homes, whereby the homes are much larger, to meet the needs of the families and/or individuals, and a service charge based on unit type is a more equitable and fairer distribution. This will normally apply across much larger communities, as these generally have a higher or disproportion percentage of larger family and wheelchair accessible homes. (section 4.3 & 4.4).
11. Value for Money
11.1 Square Roots will benchmark performance against similar organisations to monitor quality, performance, and cost effectiveness. It will also strive to deliver best practice and achieve top quartile performance.
12. Consultation
12.1 Square Roots will consult with tenants and leaseholders about the development of service charge practices which affect them, this will be done through our Customer Community Committee’s that will be established for every new community.
12.2 Square Roots will follow statutory Major Works (S.20) consultation procedures where required.
12.3 Square Roots will also consult and engage tenants and leaseholders on all services that need to be delivered to ensure all health & safety compliance is met, and all maintenance of the building and wider estate services are met.
13. How the Policy will be implemented
13.1 The Estate Manager is responsible for ensuring the implementation and operation of this policy, and the Head of Compliance & Customer Services is responsible for all legislative requirements, reviews and updates.
14. Challenges & Complaints Procedure
14.1 Challenges to Service Charges -
If a customer feels that their service charge is incorrect or does not reflect the services delivered/received on their estate they can contact the Customer Service team via email, telephone, letter or in person to raise their concern.
14.2 Complaints Procedure -
If a customer wishes to raise a complaint or they are dissatisfied with the outcome of 14.1 then they can raise a complaint via their preferred channel, which will be managed in line with our Complaints & Compliments Policy.
14.3 First-tier Tribunal
The First-tier Tribunal are able to settle disputes regarding service charges. Customers are able to make an application to the First-tier Tribunal at any stage.
15. Performance Measures and Monitoring
15.1 The following service charge information is monitored by Square Roots:
• Leasehold service charge recovery percentage
• Leasehold service charge arrears
• Total Rent arrears (including tenants service charges)
15.2 The Estate Manager is responsible for monitoring this performance.
16. Review
16.1 The Head of Compliance & Customer Services will review this policy after three years or before if required by legislation or by best practice.
17. Legislation and other Documents
17.1. Relevant legislation:
• Commonhold and Leasehold Reform Act 2002
• Housing Act 1985
• Housing Act 1996
• Housing Act 2004
• Landlord and Tenant Act 1985
• Leasehold Reform Act 1967
• The Service Charges (Consultation Requirements) (England) Regulations 2003 (as amended)
• Service Charge Charter (GLA) 2021
Author | Barbara Richardson |
Job Title | Managing Director |
Adopted by Board | April 2022 |
Reviewed & Updated | February 2023 |
Reviewed & Updated | May 2024 |
Review Date | May 2027 |
1.1 Maximisation of income is imperative to our effective operation. Square Roots recognises that effective rent arrears management is fundamental to high performance and therefore our aim is to ensure and recover all monies that are due.
1.2 Square Roots has a firm but fair policy that recognises the need to balance our responsibilities to support customers who fail to pay their rent with our responsibilities to our wider customer base to ensure we collect income efficiently and effectively with due regard to the cost of collection.
1.3 This policy will apply to all customer, both leaseholders and tenants, albeit the legislation that can be called upon to assist with rent recovery will be different.
1.4 This policy will not differentiate between those customers who make payment direct to Square Roots and those where the rent is paid by Housing Benefit, Universal Credit, Department for Work & Pensions, or Disability Benefit. Square Roots will provide support to all customers regardless of their income status.
2.1 Square Roots will ensure the effective management of rent collection, as this is critical to our financial viability. For the purpose of this policy, rent arrears are defined as any rent payment not made in accordance with the leasehold or tenancy agreement in place.
3.1 Our vision is Unlocking Great Places, Unlocking Quality Homes. Square Roots recognises the detrimental effect rent arrears have on the quality of our service provision to customers and the impact on their lives and the importance of prevention of rent arrears. The aims of the Policy are to ensure that:
3.2 Information and Support
Square Roots will:
3.3 Arrears Prevention
Square Roots will:
3.4 Clear Procedures
Square Roots will:
3.5 Withdraw of Services
If there is debt due to Square Roots by the customer, we will consider withdrawal/denial of the following services:
4.1 Our customers are diverse, and this will be taken into account during the implementation of this policy:
5.1 Square Roots believes that arrears prevention is more effective in the long term than arrears recovery. This policy is designed to ensure the best use of resources, and the delivery of a value for money service.
5.2 Square Roots will use a range of preventive measures to help sustain tenancies and minimise the use of possession action.
5.3 Square Roots will benchmark performance against similar organisations to monitor quality, performance and cost effectiveness and strive to deliver best practice services and achieve top quartile performance in the sector.
6.1 Square Roots has adopted a Customer Charter which promotes Respect, Communication, Impartiality, Transparency, Improvement, and Empowerment. Square Roots will consult with its customers on a regular basis to make sure that their policies and procedures are fair, transparent, and effective.
7.1 In complying with this policy Square Roots will ensure that:
8.1 Rent Arrears prevention will be measured by the following indicators:
8.2 The Operations Director will monitor this policy to ensure it meets positive practice and statutory requirements.
8.3 The policy will be monitored through KPI’s to the board on a quarterly basis.
9.1 We will review this policy on a three-years cycle, or when a business need arises.
10.1 Legislation around debt advice requires that Square Roots ensure that any staff have the necessary training and licence to provide specific advice on debt and budget management, or that if this skill is not captured in house, then they have the appropriate skills to signpost customers to the most appropriate welfare advisors, or citizen advice bureau.
Author | Barbara Richardson |
Job Title | Managing Director |
Adopted by Board | April 2022 |
Review Date | April 2025 |
The allocations and lettings policy is used for allocating and letting homes to tenants and managing applications for affordable home ownership properties. It sets out:
It is aligned with the regulatory standards published by the Regulator of Social Housing, and the requirements for allocations specified in the Capital Funding Guides published by Homes England and the London Mayor.
Where planning obligations require specific approaches to allocations for schemes, local lettings policies will be adopted to implement these requirements.
Square Roots is committed to providing a range of quality affordable homes that will meet local housing requirements and therefore assist local authorities in the delivery of their housing strategies. In doing this Square Roots will:
2 Policy scope
This policy covers our approach to allocations for all affordable housing, specifically:
Social and Affordable Rented housing offers households in the greatest need of accommodation access to secure, affordable and well managed homes.
The approaches to allocations set out in this policy will help Square Roots to:
Our primary purpose as a Registered Provider is to provide accommodation for people in housing need who are unable to afford to buy or rent housing on the open market. It is expected that all applicants will meet the eligibility criteria, which will normally be set by the relevant local authority. All applications for housing will be considered carefully before an offer of accommodation is made and, in some cases, we may request additional information.
Where prospective tenants require support to enable them to access or maintain a tenancy Square Roots will take those needs into account and aim to provide the support required through our own services or through other agencies. Support needs will not be a bar to applicants providing that the necessary support can be provided and is in place at the start of the tenancy agreement.
By law, certain households (provided that they are not existing tenants) are not eligible, including:
Local Authorities also have powers to treat as ineligible any applicant who has behaved badly enough to make them unsuitable to be a tenant. This may have happened in an existing or a previous tenancy. Examples of such behaviour include:
An applicant who has behaved in such a way will be ineligible for allocation to a Square Roots property. Applicants have the right to request a review of any decision on eligibility and a right to be informed in writing of the decision on review and clear grounds for that decision.
We will participate in local and regional choice-based lettings schemes to give applicants greater choice in meeting their housing needs, within the context of any Local Lettings Plans adopted. As required by the Mayor, in London we will offer 5% of our grant funded homes in each scheme via the Housing Moves scheme, to support mobility around London1.
Applicants are expected to actively look for and express their interest in advertised vacant properties that they want to live in. This expression of interest is known as a ‘bid.’ Bidding will occur for all vacant properties advertised through a choice- based lettings scheme. The rules for bidding will be those that are set by the local choice-based lettings scheme.
1 Homes for Londoners Affordable Homes Programme 2016-21 Funding Guidance https://www.london.gov.uk/sites/default/files/homesforlondoners-affordablehomesprogrammefundingguidance.pdf
Square Roots, working with the Local Authority and other partner agencies, will assist applicants to express interest where they:
Where an applicant is put forward for accommodation through the choice based letting scheme their individual circumstances will be considered prior to allocation in every case using the information provided by the applicant on their application form and any information provided subsequently.
Generally, it is not the intention of Square Roots to hold a waiting list.
Square Roots will usually adopt a 100% nominations agreement with relevant local authorities for its social and affordable rented properties. This means that all lettings will be made to people on the local authority housing register who bid through the choice-based lettings scheme or who are directly nominated by the Council. Lettings will occasionally be made outside of this agreement, for example where Square Roots allows a discretionary succession to a tenancy. However, in London, 5% of properties in each grant funded scheme will be made available through the Housing Moves scheme, rather than to Local Authority nominees, to support pan-London mobility.
In exceptions where allocation through a formal nomination’s agreement is not possible then approved local referral agencies, or 100% nominations to the GLA via their Housing Moves Scheme will be used.
As demand for affordable housing to rent is greater than the number of properties available, Square Roots prioritises allocations of vacant properties to applicants in the greatest need. This system of prioritisation will be facilitated by our participation in nominations agreements and choice-based lettings schemes and will be linked to Local Lettings plans where appropriate.
Generally, vacant housing will be offered to the top applicant identified through choice-based lettings at the time of the vacancy, whose housing needs and requirements best match the property type available. However, in certain circumstances this may not be the case, for example, where a property has been adapted and that adaptation may be more suitable to an applicant with fewer points, or if the lifestyle of the applicant with the highest number of points is considered to be unsuitable for that property.
Where an offer to the top applicant is not made, this will be recorded together with the reason for the decision.
Where an offer of housing has been made and accepted and it transpires that the applicant has given false information, we may commence legal action for repossession to end the tenancy.
Potential tenants nominated through choice-based lettings schemes will need to provide two satisfactory references that demonstrate their ability to pay their rent and, where appropriate, how well they have conducted any previous tenancy held by them. One of the references must be from a current landlord. Where there is no current landlord, the reference must be from a former landlord.
A limited number of applicants (including homeless persons) may not have to provide references. References will not normally be accepted from friends or family members except where there has been no other housing history. Applicants will be asked to consent to information being shared with other housing providers and housing service providers.
Before an offer of accommodation is made, Square Roots will need to be satisfied that information provided by the applicant at registration accurately reflects their housing circumstances. In most cases, this second verification process will be carried out shortly before an offer of accommodation is made.
Prospective tenants will also be subject to Know Your Customer checks, in order that we can meet our obligations under the Money Laundering Regulations.
Existing Square Roots tenants wishing to move to another Square Roots property are subject to the same needs criteria as other applicants. However, where they live in a home that is in high demand, or they are seriously under occupying a property and are prepared to move to properties in lesser demand or of a more appropriate size, then they may be given additional priority.
Where existing Square Roots residents are required to move because essential works are to be carried out that cannot be undertaken with the residents in occupation, an offer of accommodation within permanent stock, in an area of choice for the tenant, will be provided where possible. However, this will not always be possible due to lack of supply.
Square Roots subscribes to online services which will enable its tenants to seek a mutual exchange with another social housing tenant.
Square Roots will not normally restrict the number of offers made. However, where an offer is unreasonably refused by the applicant, further offers of the same type of property in the same area may not be made.
Tenants transferring and those being decanted will normally receive two reasonable offers of accommodation. For transfers, if offers are rejected tenants will be removed from the list and can only re-apply 12 months later unless there is a substantial change of circumstances. In the case of decants, Square Roots would consider its legal position with regards to gaining possession.
A reasonable offer should meet the essential needs of the household e.g., in terms of size or level of accommodation. Square Roots will note preferences for area and attempt to take this into account when offering property, but this may not always be possible.
These properties are usually purpose built or specially adapted for use by disabled people. When these properties become vacant, they are reserved for households needing the specialised facilities offered by the property, regardless of the priority of other applicants. However, where there is little interest, Square Roots may choose to make these properties available for general purpose lets.
Except in the case of assistance dogs, pets will be permitted only in Square Roots properties where our own interest in the property does not require us to restrict this. Applicants should seek the written permission of Square Roots if they wish to keep a pet in their home.
Registered sex offenders are required to inform Square Roots when they apply for housing that they are a registered sex offender as it is a criminal offence under the Sexual Offences Act 2003 for offenders to withhold this information. The risk posed by Sex Offenders cannot be assessed by Square Roots who will be guided on this by agencies charged with the management and monitoring of sex offenders including the police and social workers.
There are a small number of people that Square Roots will not allow to live in our homes. This helps Square Roots to provide a better quality of life for all of its customers and the wider community.
Square Roots may not re-house people in the following circumstances, if the applicant, the applicant’s spouse, partner, or someone who lives with the applicant:
If an applicant is unhappy with the decision not to grant a tenancy, their complaint will be dealt with in line with the Complaints Policy and Procedure.
All new tenants will be provided with a copy of
Probationary tenancies will be offered to all new tenants. This will be a 12 month Assured Shorthold Tenancy which will be reviewed to determine if the tenancy has been satisfactorily maintained. If a further tenancy is offered, then this will be for a fixed term of five years. A probationary tenancy may be extended in accordance with the terms of the tenancy agreement.
Square Roots will grant joint-named tenancies on all occasions when individuals seek housing as a couple, unless any one of the joint tenants are ineligible for accommodation in which case a joint tenancy will not be granted.
The privacy of applicants will be respected, and care will be taken to maintain confidentiality. Personal data will be collected and stored in line with our GDPR data protection policy. Responsible information sharing can play a key role in the letting of our homes, and GDPR compliant information sharing protocols with local authorities and partners will be followed where they are in place.
Relevant information from landlords, doctors, etc. may need to be obtained and applicants are required to sign a declaration giving permission for this to be done.
Affordable Private Rent offers tenants the opportunity to access a quality rented home for less than the local average market rent.
To be eligible for Affordable Private Rent, applicants must:
All our properties will be advertised on our website and through other property marketing services including, where available, those offered by local authorities to target households in need of intermediate housing. All allocations will be made to eligible households who apply directly to Square Roots or our agent.
Households should apply for the specific property they wish to rent, by using the form available on our website. Property viewings will be arranged for potential applicants by us or our agent.
Square Roots, or our agent, will conduct checks to establish that applicants are eligible to hold an assured shorthold tenancy in the UK, are eligible for Affordable Private Rent, and are able to afford the accommodation applied for. Prospective tenants will also be subject to Know Your Customer checks, in order that we can meet our obligations under the Money Laundering Regulations.
If a joint application is made both applicants must become joint tenants i.e., be named on the tenancy agreement.
There is no restriction on the number of applications a household can make for Square Roots properties.
Allocations will be managed in line with the s106 agreement relevant to the individual property or other agreement with the local authority. This may specify that applicants must have a connection to the local area, or that priority must be given to such households. We will advise households of any criteria that restrict allocations or determine prioritisation of applications when we advertise properties and when we process applications.
Where there are no restrictions imposed by planning or funding conditions, we will prioritise completed applications in the order in which we receive them. A completed application is one which is accompanied by all the required supporting information.
We will not accept further applications for a property after it has been allocated.
Square Roots residents of Affordable Private Rent homes will be subject to an Assured Shorthold tenancy of up to 3 years in duration, with a 6-month tenant break clause. It is expected that the tenancy would not be terminated in the first three years, subject to the tenancy being satisfactorily maintained.
On signing the tenancy and receiving keys, all new tenants will be provided with a copy of
Shared Ownership offers households the opportunity to buy a share of a property whilst paying rent on the part they do not own. Initial shares sold will be between 10% and 75% of the value of the home. If the lease allows it, households can usually choose to buy larger shares until they own the property outright.
To be eligible for a shared ownership property, applicants must:
Households must apply for the shared ownership scheme and also apply for the specific property they wish to purchase.
Households interested in purchasing a shared ownership property should apply to register with the relevant HomeBuy agent, through the GLA portal or local authority website in the first instance, who will check their eligibility for the shared ownership scheme.
All our properties for sale will be advertised through the relevant HomeBuy agent, the GLA portal, the local authority website and our own website.
Households should indicate their interest in specific Square Roots properties by using the form available on our website. Property viewings will be arranged for potential applicants by us or our agent.
Households wishing to apply for a property should complete and submit an application to an independent mortgage broker, who will conduct an affordability assessment.
If a joint application is made both applicants must become joint owners i.e., be named on the lease and on any mortgage on the property.
There is no restriction on the number of applications a household can make for Square Roots properties.
Square Roots, or agents acting on our behalf, will assess whether applicants are able to afford the mortgage, rent and other costs of being a homeowner without hardship. We will also carry out credit checks on applicants.
Prospective owners will also be subject to Know Your Customer checks, in order that we can meet our obligations under the Money Laundering Regulations.
Allocations will be managed in line with the s106 agreement relevant to the individual property or other agreement with the local authority. This may specify that applicants must have a connection to the local area, or that priority must be given to such households. We will advise households of any criteria that restrict allocations or determine prioritisation of applications when we advertise properties and when we process applications.
After applying local planning requirements, we will give priority to armed forces personnel who are currently serving or who have left service in the two years prior to their application. This is in line with government guidelines on allocation of shared ownership properties.
Where there are no restrictions imposed by planning or funding conditions, we will prioritise completed applications from non-armed forces personnel in the order in which we receive them. A completed application is one which has been approved by the independent mortgage broker and is accompanied by all the required supporting information.
We will not accept further applications for a property after it has been allocated.
When applicants have been offered a new build property and wish to proceed, we will ask for a reservation fee up to the value of £500. This will be deducted from the purchase price when the sale completes.
A 14-day cooling off period commences after the fee is taken. If the reservation does not proceed past this period, the reservation fee is refunded in full. After this period, the reservation fee is non-refundable.
For sales of new build properties, we normally expect exchange of contracts within 21 days of receiving a reservation fee unless other timescales are specified. Completion should take place two weeks afterwards, subject to the completion date of the development. We may withdraw an offer of sale if these timescales are unreasonably delayed by the purchaser.
For off plan sales, the purchaser will move forward to exchange, within 21 days, with completion on notice.
For resale homes, the timescales will be agreed between purchaser and seller.
All shared owners will be issued with a standard shared ownership lease with a lease term of 990 years. A lease will be issued whether the leaseholder has purchased a flat or a house.
Where a shared owner’s lease states an approach to rents that is different from
Eligibility
To be eligible for London Living Rent, applicants must:
All our properties will be advertised through the Share to Buy portal. All allocations will be made to eligible households who apply directly to Square Roots.
Households should apply for the specific property they wish to rent, by using the form available on our website. Property viewings will be arranged for potential applicants by us or our agent.
Square Roots, or our agent, will conduct checks to establish that applicants are eligible to hold an assured shorthold tenancy in the UK, are eligible for London Living Rent, and are able to afford the accommodation applied for.
If a joint application is made both applicants must become joint tenants i.e., be named on the tenancy agreement.
There is no restriction on the number of applications a household can make for Square Roots properties.
Allocations will be managed in line with the s106 agreement relevant to the individual property or other agreement with the local authority. This may specify that applicants must have a connection to the local area, or that priority must be given to such households. We will advise households of any criteria that restrict allocations or determine prioritisation of applications when we advertise properties and when we process applications.
Where there are no restrictions imposed by planning or funding conditions, we will prioritise completed applications in the order in which we receive them. A completed application is one which is accompanied by all the required supporting information.
We will not accept further applications for a property after it has been allocated.
Square Roots residents of London Living Rent homes will be subject to an Assured Shorthold tenancy of up to 3 years in duration, with a 6-month tenant break clause. It is expected that the tenancy would not be terminated in the first three years, subject to the tenancy being satisfactorily maintained.
On signing the tenancy and receiving keys, all new tenants will be provided with a copy of
Where a member of Square Roots staff or board, or their close relative, applies for accommodation, Board approval must be given before an allocation can be made. A report will be made to the Board for decision. This also applies to any other member of Square Roots parent or sister companies.
Decisions under the Allocation policy, and any discretion shown in the Allocation policy as belonging to the board, may be taken by officers of Square Roots or other organisations who have been given the appropriate delegated authority by the board.
9 Appeal
If an applicant wishes to appeal an allocation decision, including a decision not to grant a tenancy or make a sale, their representation will be dealt with in line with the Complaints Policy and Procedure.
10 Review
This policy will be reviewed every three years. The board of Square Roots will consider and take into account the housing policies of relevant local authorities (e.g., the tenancy and planning policies), those of the Greater London Authority, and regulatory requirements when updating the policy.
Adopted 5th October 2021
Reviewed 8th September 2022
Next Review: 8th September 2025
At Square Roots we are dedicated to building a capital for everyone who wants to live and work here. We strive to provide exemplary customer service, respectful and courteous at every stage of your journey with us.
Building homes requires precision and meticulous detail, much like finding your new home. To keep things simple, we will always ensure the information we provide is clear and easy to follow. For the best experience with us we ask you do the same, so we can meet your needs to our fullest potential.
We are an independent body and undertake all work fairly and impartially, regulated by the RSH.
Our word is our bond. We’re honest and operate a process of visibility and openness. We will publish information about our work and service complaints system whilst never compromising confidentiality.
Evolution is constant. We operate a policy of continuous improvement, to ensure we build homes we want to live in and with the level of care we would expect. Your feedback is essential for us, and by answering our customer surveys you can help us meet our goal to make London even greater.
We want to help people find a home in places they want to live, to set down roots and be part of a community. We will support our customers to develop and implement opportunities for involvement and empowerment, especially with property management and maintenance of their homes.
View the GLA Service Charge Charter PDF
Square Roots has signed the Service Charge Charter with our Partners at the Greater London Authority.