Information for Residents
Tenancies and Ownership on the Estate
The variety of types of tenancy and ownership on the estate is a relatively recent phenomenon. Until 1985, almost all residents were tenants who had either short (8-year) contractual leases with responsibility for internal repairs or periodic weekly, monthly or quarterly tenancies under which the landlord was responsible for repairs. Both types were protected tenants - protected by the Rent Acts, which gave them security of tenure and the right to a 'fair rent', which was lower than a market rent.
In 1985, three houses (4, 5 and 6) in Trinity Church Square were converted by a developer into a block of flats and sold on long leaseholds of 85 years. Trinity House retained the freehold and the block was managed by the estate's then managing agents, Drivers Jonas. This move was followed by similar developments of blocks as adjacent houses became vacant at 9 - 11, 45 - 47 and 59 - 63 Trinity Church Square. Most recently, an ambitious scheme has seen the conversion of the former Wallins tin box factory into flats and houses for sale on long leasehold at 26 and 28 Cole Street and Horsemongers Mews. This part of the estate is not managed by Cluttons.
With the shorter leases, a significant change occurred with the Housing Act 1988. Since 1989 it has not been possible to create new protected tenancies, although current protected tenants retain their rights. The Act introduced two new types of tenancy: assured tenancies, which have security of tenure, and assured shorthold tenancies (ASTs), which do not. Both types have market rents. Drivers Jonas issued some 9-year assured tenancies with internal repairing conditions similar to the 8-year protected tenancies. However, under Cluttons' management, all new lettings have been ASTs, under which the landlords are responsible for repairs. Usually flats or houses are renovated and carpeted before being let on ASTs for terms of one year or more.
Another recent change has been the sale of single houses, either for improvement by the purchasers, as with 40, 41 and 42 Trinity Church Square, or after refurbishment by the landlords. These purchasers become freehold owners, but Trinity House continue to assure us that they wish to retain the estate as a whole.
The current balance of tenancies and ownership on the estate is approximately:
- 90 protected tenancies
- 40 assured tenancies
- 90 assured shorthold tenancies
- 70 long leaseholds
- 6 freeholds
Types of Tenancy and Ownership
The estate in 2007 consisted of about 320 homes. There were 60 houses, over 200 flats with two (and a few three) bedrooms and 45 one-bedroomed flats or bedsits. There are several types of tenancy and ownership on the estate. All are described briefly below.
Assured Shorthold Tenancies
All new tenancies granted on the estate by Nelson Bakewell (NB) for Trinity House are assured shorthold tenancies (ASTs). These tenancies were created by the Housing Act 1988. There are about 160 properties on the estate let on ASTs. This number will increase as other tenancies are given up and new lettings are made. ASTs on the estate are usually issued for a term of one or two years. They do not have security of tenure, ie, the tenant can be required to leave at the end of the term of the tenancy. NB have told TNRA that, if a tenant wants to stay, s/he would only be asked to leave for a reason, eg, if the tenant had been in rent arrears or if the property needed refurbishing. The rents are market rents, negotiated between the tenant and NB at the beginning of the tenancy and on renewal if the tenant stays for another term. The landlords are responsible for all internal fixtures and fittings, eg, boilers, central heating, electrical wiring. Usually properties are renovated or redecorated and carpeted before being let.
Assured Tenancies
These tenancies were also created by the Housing Act 1988. On the estate they mostly took the form of 9-year contractual leases. None of these have been issued since about 1995 and approximately 15 assured tenants still remain under the terms of their original leases as statutory periodic assured tenants. Assured tenants pay market rents but they, not the landords, are usually responsible for internal repairs. The rents reflect this and so are lower than the rents for comparable ASTs. Under the Housing Act s13 the rent can be increased every year by agreement between landlord and tenant or by the landlord serving a statutory notice on the tenant. The tenant has the right to appeal to a Rent Assessment Committee against the landlord's proposed rent.
Rent Act Protected Tenancies
Until 1989, under the Rent Act 1977, almost all tenants had either 8-year contractual leases with responsibility for internal repairs or periodic weekly, monthly or quarterly tenancies under which the landlord was responsible for repairs. About 60 of these 'protected tenancies' remain. Protected tenants have security of tenure and the right to a 'fair rent', which is lower than a market rent. Rents for these tenancies can be increased every two years either by agreement between landlord and tenant or by either party applying to the Rent Officer to register a fair rent. There is a right of appeal from the Rent Officer's decision to a Rent Assessment Committee.
Long Leaseholds
Since 1985, some properties on the estate have been redeveloped and sold on long leases (eg, for 85 years). Trinity House retains the freehold of these blocks which are at:
4-6, 9-11, 45-47 and 59-63 Trinity Church Square
26 and 28 Cole Street and Horsemongers Mews, Cole Street
Part of Shaftesbury House, Trinity Street.
The blocks in Trinity Church Square and Shaftesbury House are managed by Douglas & Gordon, who report to Nelson Bakewell. Long leases can be extended but it is not always a simple matter. Click here for one resident's experience of extending a long leasehold.
Sublets of long leaseholds
Some of the long leasehold properties are let by their leaseholders on ASTs. These lets are available through local estate agents, not Nelson Bakewell.
Freeholds
A few houses in Trinity Church Square and Trinity Street have been sold freehold. However, Trinity House continue to assure us that they wish to retain ownership of the estate as a whole.
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