Leaseholder Rights

Procurement solutions using LHC framework arrangements can be achieved by social landlords without compromising leaseholders' rights.

Social landlords are expected to act reasonably to protect leaseholders' interests and achieve best value as per:

  • Section 20 - Landlord & Tenant Act 1985
  • Section 151 - Commonhold & Leasehold Reform Act 2002

This can be achieved by using LHC framework arrangements.To demonstrate this it is recommended that social landlords:

1. Produce a statement explaining why LHC framework arrangements are being used, to show that:

  • best value competitive procurement rules were adhered to
  • the tender process was published via OJEU in strict accordance with the EU Procurement Directive
  • price, product quality, financial standing, experience of high levels of performance in social housing contracts are demonstrated
  • LHC appointed companies are experienced at liaising with residents to offer product choice and high quality installations with minimum inconvenience 
  • LHC visits sites to monitor the performance of appointed companies.
  • LHC is a not-for-profit, local government organisation, established to offer independent technical and procurement advice to social landlords.

2. Engage with residents, leaseholders and recognised residents' associations early in the process, to communicate the reasons for choosing LHC framework arrangements.

3. Make available copies of LHC OJEU notices and evaluation reports for inspection by users.

4. Carry out a competition between the LHC appointed companies to compare prices, service, quality and product choice.

5. Organise a demonstration of a range of product choices from different appointed companies, inviting residents and other stakeholders to participate.

6. On selection of the chosen LHC appointed company and in accordance with the Section 151 legislation, implement the formal leaseholder consultation process.

7. Throughout the contract, and with LHC assistance, collect and communicate Key Performance Indicators to demonstrate that LHC appointed companies are satisfactorily delivering the agreed quality, price and performance targets.