Emergency Contact Details
| Lift Please contact the managing agent in the first instance in the event of a breakdown of the lift.Currently the Otis lift is under a maintenance contract with Summit Elevators. Please only contact Summit in the event of an emergency outside of office hours on the number below:Summit Elevators Ltd Tel: 01689 848455Managing Agent The directors consult lessees about the choice of managing agent. The building is under a full management contract with Pinnacle property management Ltd, Unit 14, Horsham city business centre, 6 Brighton road, RH13 5BB, Tel: 01403 786623 Email: sussex@pinnaclepm.co.uk Operational matters should be directed to the Managing Agent in the first instance, such as reporting damage or general queries. |
Fire ProceduresActions to be taken on hearing the fire alarm · Leave the building by the nearest exit. Do not use the lift. · Don’t stop to collect personal belongings. · Assemble on the front pavement away from the building. · Dial 999 and call the Fire Brigade. · Stop people from re-entering the premises. · Liaise with the Fire Brigade. In addition to the above, on discovering a fire please raise the alarm and follow the instructions above |
Purpose
This guide is intended to be a useful reference for lessees and tenants of Bourns Court. Whilst the lease of Bourns Court is the ultimate reference point, this guide will hopefully highlight the key points that all residents and lessees should be aware of and familiar with.
Bourns Court Freehold Limited: the Company
Bourns Court Freehold Limited (“BCFL”) is a registered company owning the freehold to the building, Bourns Court. The company is referred to in the leasehold agreement as “the Lessor”. Each flat owner owns 1 share of the 20 shares of BCFL, referred to as a “Lessee” under the Leasehold Agreement. Shares are transferred on the sale of the properties to the new owners.
BCFL has a board of directors, elected by the shareholders, the process being for a director to be nominated for appointment and this nomination to also be seconded. It is a requirement that for meetings to be quorate there are two directors minimum, but there is no maximum number of directors. Directors are unremunerated, and offer their services voluntarily. They have a duty to keep the building well maintained. They have a duty to comply with the terms of the Lease.
The board oversees the running of the block, and directors are registered at Companies House and have full directors’ responsibilities. The directors are responsible for policy matters and ultimate decision making, but devolve the operational matters to a managing agent. The managing agent also acts as Company Secretary. Whilst complaints of policy or decisions made may be directed in the first instance to the managing agent, please be aware that these will be forwarded to the directors to consider and provide a response.
An Annual General Meeting is held, generally in June, and all lessees are encouraged to attend. This is their opportunity to meet other lessees, and discuss with the directors plans for the year ahead and to review the activities of the past year.
On rare occasions, it may be necessary for the directors to call for an Extraordinary General Meeting (an “EGM”). Lessees too may call for an EGM if there is something of importance that they wish to raise with the directors and managing agent, the process for this being one lessee proposes a motion, another seconds it, and appropriate supporting documentation is submitted to the directors to consider. This has a cost implication for BCFL.
Flat Chat / Communal Notice Board
A quarterly newsletter called Flat Chat has the aim of keeping lessees and residents abreast of what is going on at Bourns Court and upcoming works.
Alternative communications may be via the communal notice board in the Foyer, for example lessees should give advance notice to all residents of upcoming noisy works via the notice board.
Other Communications and Reporting
The Annual General Meeting provides a forum for discussion of the past year’s spend and activities, and an opportunity to look forward to the forthcoming year and the planned projects. This is the normal forum for discussing costs of projects and issues relating to them.
As the directors work on a voluntary basis, they do not have the luxury of time to discuss the breakdown of costs of every project during the year with lessees, and nor do the managing agents. The managing agents would be entitled to charge for the extra work to break down every item of spend. As noted above this is normally discussed at the Annual General Meeting.
Lessees are always consulted on major projects, including the budget for spend, prior to works being approved. (When appropriate section 20 notices are issued). There may be very rare occasions, when there is an emergency, when it may not be possible to consult.
For minor projects, directors may take a common sense approach to issues that arise during the year, and will always take into account cost effectiveness, but it should be recognised that what is the cheapest option, is not necessarily going to be the best option, nor the best value overall. This principle has been reconfirmed at the Annual General Meeting in July 2013. Certain spend such as fire safety or asbestos, cover legal requirements, and there may not be the opportunity to consult.
Service Charges & Ground Rent
Lessees are required to contribute equally to general maintenance and the costs of running the block. Service charges are payable quarterly, including ground rent and a sinking, or reserve, fund contribution, for items such as painting and decorating, lift maintenance, and garage roofs. This is paid in advance, and the budget is discussed at the Annual General Meeting with lessees.
In exceptional circumstances, additional contributions may be required.
The quarterly charge includes communal electricity, charges from the cleaner and gardener and the managing agent’s fees. It includes buildings insurance, lift insurance and directors’ liability insurance.
Water rates are a communal charge, there is a communal meter for all 20 flats, and lessees do not pay for their own water consumption – this is included in the service charge.
Ground rent is payable every 6 months and is added to the service charge demand in the relevant quarters.
Please note that payment is required within 21 days, terms as detailed on the managing agents service charge demand. If you are experiencing difficulty making the payment on time, please contact the managing agent at the earliest opportunity to discuss the matter. Late payments incur charges, so please avoid late payments.
Bank Account
The Freehold Company holds a Lloyds bank account in its own name that is operated by Malins Management. Please contact Malins for further details.
BCFL Accounts
Accounts are prepared by an independent chartered accountant. Accounts are presented at the AGM and circulated and copies can be requested from Malins Management.
The Leasehold Agreement
You should be aware that on purchasing a leasehold property you agree to abide by the agreed terms and conditions (the Covenants) of the Leasehold Agreement (or Lease). BCFL, the Freeholder, is similarly bound by these terms and conditions. Lessees are responsible for ensuring their tenants abide by the terms of the lease. Interpretations of the lease should be referred to a lawyer.
The intention is that residents may live together in harmony, respecting each other’s rights. It should be noted that the Leasehold Agreement is incorporated in law, and remedies for breach of the agreement can be sought in a court of law. It is hoped that with mutual respect and common sense it should never be necessary to resort to legal action.
Requirements of the lease and other important information
The key covenants of the leasehold agreement are summarised here, together with other key information:
1. Noise & General Behaviour
Please be considerate to other residents. Noise is a major concern, and it should be kept to a minimum at all times. Having said that, there are some times when it is unavoidable to make some noise, so please be understanding and tolerant. Noise between the hours of 11pm and 8am should be limited as this time period is particularly stated in the lease.
2. Refurbishment and Alterations by lessees
Bourns Court was built in 1969, and it inevitable that routine maintenance and improvements need to take place. All major works should be notified in advance to the managing agent, who will notify the directors. As a courtesy to other residents you are requested to put a notice on the communal notice board in the foyer to alert all residents to any disruption in advance. Any noisy works should ideally take place on weekdays between 8am and 6pm.
To satisfy the insurance company’s requirements, work should be carried out by suitably qualified trades people or those who are properly competent to carry out the works in hand. Lessees should ensure that any trades people are suitably supervised, and possess suitable indemnity cover, a copy of which should be taken and held whilst work is in progress.
3. Communal and external decoration
Regular external and internal redecoration is carried out at intervals which are determined under the lease . It has been agreed that a sinking fund is gradually built up to avoid large one off charges to lessees.
4. Communal Gardens
A gardener is contracted to keep the lawns and grounds in good condition.
5. Communal Areas – cleaning
The communal areas are cleaned weekly by an independent cleaner. Please make every effort to keep them clean and tidy, and ensure that any trades people are instructed to clear up any mess that may be made by them. Any damage caused should be notified immediately to the managing agents.
6. Fire Hazards
No items at all should be left in any communal area, such as landings, including prams or bikes, which should be taken inside flats or left outside the building or in a garage. This is principally to avoid any fire hazards and also to comply with the lease.
7. Balconies & windows
Please note it is not permitted to dry or air washing on balconies. Nor is it permitted to air washing in the windows, or to display posters or flyers in the windows. Plants and garden type furniture may however be placed on the balconies. If you have balconies below yours, please be sensitive to your neighbours, and it may be best to water any plants at the beginning or end of the day when balconies are not in use.
8. Wheelie bins & rubbish disposal
Currently we have two types of wheelie bins, one for general household waste and one for recyclable materials. These are cleaned on an occasional basis. Please follow the local authority instructions on recyclable materials, and compact your rubbish where possible. Please remember when putting items in the recyclable bins, to empty everything out of plastic carrier bags as the refuse collectors will not empty bins with items in carrier bags as these are not recyclable. Rinsing food stuffs before recycling helps to avoid unsavoury smells in the bin area. Any oversized items of rubbish should not be left by the bins, as these will not be collected. Instead arrangements should be made to take these to a communal refuse dump. (The closest is Hop Oast, Worthing Road, Horsham, RH13 0AR.) Alternatively for bulkier items you may contact the Customer Care Team on 01403 733144 or https://www.horsham.gov.uk/contact/contact-waste-management
9. Children on site
Please do not allow children to play unsupervised in the communal areas of the building or grounds, especially near the lake side. What the lease actually says on this point is, it is not allowed to “permit children to loiter or play in or upon any part or parts of the retained premises or the Grounds. ” Sometimes local school children cross the property, and they should be gently reminded that they are trespassing, and if there is a persistent problem, please contact the managing agent and they will write to the local school.
10. Door entry system
There is an electronic door entry system at the front and back doors. This allows access to emergency services as well as allowing for easier access for residents. For residents with carers please contact the managing agent to discuss a code for the door entry system. All lessees are given two key fobs per flat, which when held close to the exterior pad on both external doors will release the door lock on entry. On exit, please press the green exit button fitted close to each door. (Replacement fobs are available on request from the managing agent, and there is a charge associated with this.) There is a tradesman’s button which allows entry for milkmen, postmen etc. This is on a timer, set at times to accommodate these regular callers.
11. Fire Alarm & Testing
There is a fire alarm and emergency lighting in the communal areas of the building. The fire alarm is tested weekly, generally on a Friday, by an external contractor. On rare occasions it is not possible to keep to these times, but wherever possible and notice is given to the managing agents, a notice of change of time will be put on the communal notice board. If you have any doubts when you hear an alarm as to whether this is a genuine alarm, please always satisfy yourself that this is not a false alarm. Please do not make the assumption it is a test and follow the Fire Procedures that are detailed on page 5.
12. For sale / To Let signs
Estate agent’s boards should not be displayed in windows, anywhere in the building or around the grounds of Bourns Court.
13. Satellite television
In the past individual lessees were given the option of whether to pay for their flat to be connected to the communal SKY satellite dish. Not every lessee agreed to pay this money and preferred to watch terrestrial television therefore not every flat may yet have a connection. It is not permitted to have individual SKY or other satellite dishes. However if a connection to the communal aerial does not exist, there is a charge for doing this. Please contact the managing agent who can enquire about the cost of connection to the communal aerial for you. Following an upgrade of the aerial system, it is now possible to have two satellite feeds into every flat: this allows SKY customers to view one channel whilst recording another.
14. Digital terrestrial television
The satellite connection box also gives access to normal terrestrial digital television. If that connection if not fitted, the old loop circuit still exists, and a signal is available through that socket too. Please be aware that if you attempt to disconnect this socket or change the fascia you will interrupt the connection to other flats which are also on that loop, possibly stopping the signal totally to other flats. Accordingly this socket should not be removed or tampered with without consultation with the managing agent.
15. Sub-letting
Lessees wishing to sub-let their properties should contact the managing agent giving details of the prospective tenants (and letting agents if used).
Some categories of tenants may be excluded under the current insurance policy – these restrictions might include: (1) those registered at the Benefits Agency; (2) students of any sort; & (3) holidaymakers (4) short term lets as a serviced apartment (5) Houses in Multiple Occupation. The managing agent will be able to advise on this.
The insurers also expect to be made aware of any property that is vacant for an extended period of time.
Lessees are responsible for appraising their tenants of the covenants of the lease.
16. Car Parking
Car parking is not allowed anywhere in the garage area, except for loading & unloading, as it inconveniences other residents.
Out of courtesy for fellow residents, it is preferable that dropped kerb area at the front of the building should be kept clear, to allow drop offs and unfettered access to the building. There seems to some lack of clarity about whether parking here could attract a parking ticket, so it would be prudent not to park there and avoid the risk of getting a parking fine.
Parking vouchers and annual permits are readily available at a low cost from Horsham Council. We suggest you keep some vouchers in reserve for visitors and trades people, the parking restrictions are in force from 8am to 10am Monday – Saturday inclusive. Vouchers and parking permits are available from:
The Parking Services Team Horsham District Council Tel: (01403) 215058
http://www.horsham.gov.uk/parking/on-street-parking-permits
17. Failed light bulbs
If you notice any failed light bulbs, interior or exterior, please put a note on the communal notice board and the cleaner will replace the faulty bulbs.
18. Deed of variation
In 1997 BCFL and the lessees of Bourns Court agreed to a legal Deed of Variation to modify the original Leasehold Agreement in a number of ways. The most significant change was to ensure that the balconies and the external walls are defined as being part of the “retained premises” as opposed to being part of the “demised premises”, meaning that now the responsibility for the maintenance and repair of these parts of the building lies with the Freeholder, BCFL.
19. Moving items in and out of the building, and use of the lift
It is possible to use the latches on both front and rear doors to facilitate moving items in and out of the building. For larger items, and ones that will not damage the lift and run counter to the published weight restrictions in the lift, a key can be borrowed from the directors which enables the lift doors to be held open. This would be only in exceptional circumstances which are for a short time period. Residents who require a lift key for more permanent access requirements, please contact the managing agent to discuss this.
Please do not try to hold the lift doors open in any other manner, which is likely to cause damage. (Please note: damage caused by moving excessive weight in the lift or jamming of doors is excluded under the terms of the insurance policy; lessees will be held accountable for any damage in these circumstances.)
Please hold the doors open for as short a period as possible. Please be mindful that other residents need to use the lift.
20. Pets
What the lease says about pets: “no animal or bird which might cause nuisance or annoyance to the lessee or owner of any other part of the Buildings shall be kept in or upon the demised premises or in or upon any part thereof..”
Water Stopcocks
The location of the stop cock within each flat is normally at the rear of the bathroom cupboard and is difficult to access in an emergency (unless changes have been made to the original configuration). It is prudent to check that this stop cock is kept in good working order, and and that you are aware of what you would do in an emergency should you need to cut off the water supply in your flat.
Please therefore ensure that in any remodelling of the bathroom, free access is retained to the stop cock.
In the case of a serious leak, or maintenance being required, the main stop cocks for the flats are located by the footpaths adjacent to Ayshe Court Drive. One stopcock services the front 10 flats within the block and the other the rear ten flats.– see plan and photographs below.
As the stop cocks are beneath ground level, it is recommended that a stop cock key is used.
We recommend that lessees obtain a stop cock key to retain onsite in their flat in case of an emergency.
Please do not turn off these external stop cocks without first informing the managing agents and / or residents in the building, other than in an emergency, as this will cut off supply to other flats at the same time as to yours.
Stop cock and meter by car park – services flats 1, 4, 5, 8, 9, 12, 13, 16, 17 and 20
| Stop cock and meter by garages – services flats 2, 3, 6, 7, 10, 11, 14, 15, 18 and 19 |
 Stop cock key required to turn the stop cock – we recommend that lessees obtain a stop cock key to retain onsite in their flat in case of an emergency. |
Contact information for lessees
It would be helpful if lessees would ensure that they give the managing agent and / or the directors their contact details, such as telephone and email addresses. (You may also like to give alternative contact details, such as those of a relative or friend.)
Buildings Insurer
The block itself and all the flats within are insured against damage to their external and internal structure by fire, storm, flood, theft and accident.
Details of the current policy are available from Malins Management on request.
Any accident resulting in damage to the property should be notified immediately to the managing agent in the first instance or the directors.
Of course, individual lessees or residents are individually responsible for arranging their own household contents insurance.