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What Are My Responsibilities Under Shared Ownership

By: Emma Eilbeck BA (hons) - Updated: 5 Sep 2019 | comments*Discuss
 
Property Shared Ownership

You may own half or a large share of a property under shared ownership, but you will still have responsibilities when it comes to the maintenance of the property.

Shared ownership is not like renting in the sense that the housing association will not be responsible for things that go wrong with the property, but neither will you be left to your own devices.

What Your Responsibilities Will Be

You will not be expected to cover the cost of all of the repairs and refurbishments to the property that need doing. The housing association which owns part of the property will be responsible for maintaining the structure of the house. If for example the roof on your property needs repairing, this will be down to the housing association. If however you need a wall plastered inside your home, this will be down to you. You could look at it as you are responsible for the inside of the property and them the outside.

Some housing associations will charge a yearly service charge to cover the cost of any repairs that they might need to carry out, this will normally be broken down into monthly payments.

Your responsibilities will be similar to those if you were renting a property, but you will also have some flexibility in terms of what you can do to the property. It will be your responsibility to pay the rent, make sure the building is insured, keep the property in good repair, to seek permission before you alter the structure of the property and to allow the association reasonable access to the property if they give you adequate notice. It will also be expected that you do not undertake in any anti-social behaviour while in the property and that you will give the association notice if you intend to sell your share in the house.

When you sign the contract for the property it will say what your role and responsibilities are when living in your home. It is important that you read the small print carefully and if there is anything you are not happy with you query it before signing the contract.

The Responsibilities of the Housing Association

You will not be the only one that holds responsibilities when it comes to your shared ownership property. The housing association will also need to play their part and stick to their end of the deal. It may in practice seem like you have a landlord when you buy with a housing association but this is not the case. They will need to leave you in peace and allow you to live in the property independently.

They will not be allowed to show up unexpectedly and expect to gain access to your home. They like you will need to give advance warning if they wish to visit the property. They will also need to alert you if they wish to sell their share in the property for any reason. You contract will also list what your local housing association’s responsibilities will be and what elements of the property they are responsible for.

If You Want To Make Improvements

You will be responsible for the quality of any improvements you want to carry out on the property. If you wish to carry out any work to the property or any improvements you will need written permission from the housing association to do so. Unless your requests are unreasonable they should be willing to let you carry out the work, especially if it will improve the condition of the property, as this will increase its value.

You may stumble into trouble though if you wish to extend the property as this could cause a dispute as to who owns what and how this changes the value of the property.

When buying into a shared ownership property you may feel like you are still bound by the restrictions of renting because you only own half of the property and to some extent are answerable to the housing association. In practice though a housing association will not interfere in the day to day running of your home and it will feel like your own.

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I have 30% share in a ground floor flat. Someone throw a stone and has cracked my living room window on the outside pane. The housing association is say I need to pay for first and the I can claim on there insurance. Is this right as I would have thought it’s under building insurance and they fix through that without me having to pay for it.
Gaz - 5-Sep-19 @ 6:34 PM
I own 25% share in a flat of 9. We have just endured crimal damage to the proprty, 6 windows and patio door had bricks thrown leaving them broken. Wo would be responsible for the cost of replacing them.
STG - 24-Aug-19 @ 6:35 AM
Chimney needs repointing and repairs as it has no cap causing it to let in rain and has caused a damp patch on the wall who is responsible have a half own half rent property. Or will the house insurance cover it
Boss - 14-Jul-19 @ 8:22 AM
Hi, I bought a flat’s 50% share 4 years ago. Now I would like to exchange for house, wonder what are the chances or should I have to sell? Thank you
Vicky - 16-Jun-19 @ 5:40 PM
We have 60% in a new build.There are 13 houses on our estate, we pay a management fee. There have been issues with the management company, poor response times to repairs, we think using our funds for some repairs that should have been covered by building insurance, despite several requests 4 years on we still have not had accounts or a budget. What rights do we have in 1) insisting on accounts being available to us for inspection and 2) getting rid of this company and forming our own management company?
Pam - 8-Apr-19 @ 9:00 AM
Heating in my flat is broken is a shared ownership flat who is responsible for fixing this or replacing
Zac - 26-Mar-19 @ 7:12 PM
Hi there . I have 45% ownership in shared ownership housing association block of ten flats . We appartantly need to have a new lift . Who is responsible for this payment . Also do 1/4 share owners pay the same share of the cost as 3/4 share owners . How much does the housing association pay . Many thanks
Goldie - 18-Mar-19 @ 10:42 AM
I have bought a freehold terraced property, one of three linked properties, on the same private plot of land. The properties share a common driveway and services, eg., sewage treatment plant, the energy supply to it, and its maintenance. Is it necessary to form a limited company to manage the payment for the 'joint' services. If not what is the alternative to manage payments etc, without having to engage accountant etc, as would be the case with a limited company.
The InfamousX - 15-Mar-19 @ 12:18 PM
Hi I have a shared ownership end terraced house. My neighbour who is also shared owner, has planted 6 ft trees on my boundary line to the front of the house at their front door.Is this allowed? I’m concerned about the roots going under my house. Would this have an impact on my foundations since it’s a new build? Should my HA be involved?
Catsanddogs25 - 3-Feb-19 @ 6:37 PM
New build 3 years old plaster blown on exterior wallconcurring damp on neighbours house can you please advice housing association saying not there problem can any one advice many thanks,
Yaya - 4-Dec-18 @ 9:16 PM
Hi I have 50%with most and have outside walls that have cracks in them also my garden and outer perimeter wall is falling away who’s responsible for theses repairs ?
Tan - 27-Sep-18 @ 2:41 PM
I have a 50% shared ownership property with Moat housing, and I have been there for 9 years. The garden fences have deteriorated and are in need of repairs. Who would be responsible for this, me, Moat or both?
mjb - 13-Sep-18 @ 2:02 PM
NewOwner - Your Question:
Hi there,I currently have a leak in my roof (just discovered). I believe I am right in saying repairs to the roof will be down to the Housing Association, but what about any internaal damage (such as walls/ceiling that may need replastering once the leak is repaired) that happened as a result of the leaking roof? Would they have to cover it as the damage happened due to an area of the house they are responsible for? Or as that damage isn't "structural" would that be down to me?

Our Response:
You would have to look at the terms and conditions of your housing/ tenancy agreement to find this out.
AffordableHomeAdvice - 13-Aug-18 @ 11:16 AM
Hi there, I currently have a leak in my roof (just discovered). I believe I am right in saying repairs to the roof will be down to the Housing Association, but what about any internaal damage (such as walls/ceiling that may need replastering once the leak is repaired) that happened as a result of the leaking roof? Would they have to cover it as the damage happened due to an area of the house they are responsible for? Or as that damage isn't "structural" would that be down to me?
NewOwner - 12-Aug-18 @ 12:48 AM
Hi there. I own a 50% shared ownership property which is located in a black of flats, mine being on the 7th floor (the block has 8 floors in total). The outer window pane has developed a crack. I don't know how this happened but it is not the internal pane, definitely the outer pane of the double glazed window. Who is responsible to fix this please? Thank you
Melissa - 7-Jul-18 @ 8:26 PM
@Suzanne - most definitely you would have to ask the HA for permission given it is a shared-ownership.
YF - 3-Jul-18 @ 11:31 AM
Hi I recently bought a brand new shared ownership property. I have one parking space and a patch of garden next to it that are both come with the house on the plans and I want to turn the patch of grass into another parking space and wonder if I have to ask the housing association for permission to do so? Thanks in advance
Suzanne - 2-Jul-18 @ 6:56 PM
psc - Your Question:
HiWho would be responsible for water damage to a ceiling when the water seems to be coming from a concrete joist that holds up the floor above, me or my landlords? I own 50%.

Our Response:
In shared-ownership properties, there are some repairs which are the responsibility of the customer and some which are the responsibility of the landlord. However, if there is nothing in the agreement, complaining to your leaseholder can also cause problems as the HA has to work out whether they, the builder or the NHBC are responsible.
AffordableHomeAdvice - 8-Jun-18 @ 11:49 AM
Hi Who would be responsible for water damage to a ceiling when the water seems to be coming from a concrete joist that holds up the floor above, me or my landlords? I own 50%.
psc - 7-Jun-18 @ 10:39 PM
I renovated my property 3 years ago and looking to sell. The HA have stated they will not refund me the money invested in renovating the property. Is this fair and was told to agree with valuation set by them even though the Surveyor clearly stated the market value plus the amount invested is due to myself as I have given a significant uplift by undertaking the renovations maintaining in a good condition.
Elle - 21-Mar-18 @ 8:09 PM
Alex - Your Question:
Is there a law or regulation that says the housing association is responsible for repairs to the structure? My roof is leaking and they are refusing all responsibility to the point of refusing to make a claim against the buildings insurance in their name or taking action against the builder. (It is a building defect in a new build property)

Our Response:
You would need to have a look at the terms and conditions of your housing association/ shared-ownership agreement which will tell you who is responsible for the roof.
AffordableHomeAdvice - 5-Sep-17 @ 2:41 PM
Is there a law or regulation that says the housing association is responsible for repairs to the structure? My roof is leaking and they are refusing all responsibility to the point of refusing to make a claim against the buildings insurance in their name or taking action against the builder. (It is a building defect in a new build property)
Alex - 1-Sep-17 @ 9:35 PM
Hi all, Would really appreciate some advice. I own a 35% share in a shared ownership scheme in Lambeth, London. They recently undertook some repairs on the roof of the property, (despite the building only being 12 years old) and then we were each handed with a bill for £4K. Is this our responsibility to cover the costs? The association made the decision to make the repairs and then went ahead and did them- we weren't given any say in the matter. Would appreciate any advice on this
Wendy - 17-Aug-17 @ 12:46 PM
I haveowned 25% ofa 4 bedroomhouseinGlastonburysince 2006.Fromday 1Ihave hadongoing issues with the electricsin the house.I havepaidprobablyafewthousandfor new immersiontankandelectrics.This hasstillnotresolvedthe issuseinthe house.Ihavecontacted Aster whoowntheother 75%and theyarenotwillingtohelpinanyway.Ihavenomoney tocontinuetheelctricalworkbutit stillneedstobedone. Ireallyneedsomeadvice;grants/help withthe rewiring.Ifanyonehasanygood advicepleaseemailmeback as amatterofurgency.Thankyou !
Sam - 26-Jun-17 @ 2:47 PM
Hi As i would own only 50% of the house and rent 50% would anybody come inspect the house regulary same as landlords or letting agents do.thank you
Sally - 7-Mar-17 @ 8:27 PM
I moved into to a new build shared ownership house, there has been on going issues with the rain leaking in one of my windows,yesterday the recess under one of my windows fell in and leaked water all over, I understand that all repairs are my responsibility but if this is a fault of the builders and has been ongoing is it covered by the builders 10 year guarantee. Many thanks
Trace - 24-Feb-17 @ 8:49 AM
I'm confused, one answer re housing association says the shared owner/renter is responsible for outside repairs, another answer says: the so/r is responsible for ALL maintenance; which is correct? Thanks.
Clarity Jane - 19-Feb-17 @ 6:17 PM
Hi, my girlfriend and I have part bought our flat. We have had many issues with the building our flat is situated in. From security of the building and our post to poor workmanship and false service charges. Recently a leak from a communal pipe as lead to mold in at least 3 flats including our own. The firstly would not send someone out to check, when they did I was informed the leak had been made safe. The follow up was it had not been made safe and they didn't even locate the leak. I was also told that someone would come and check the damage, this was not true again. I am now being told the damage to my flat is down to me to repair. They were notified at least four days before they attended the building about this leak and now the damage is to the point I will have to replace the disintegrated plater board and possibly some electrics. I have no legal knowledge on this but I do believe the responsibility lies with the housing association to carry out and pay for thses works to be done. Please advise me, many thanks.
Angeredoccupant - 30-Aug-16 @ 6:18 PM
My partner and I have just purchased a 25% share in an older property and have found a couple of issues that need to be repaired. I have no object to repairing them myself if it is my responsibility but I have been told contradictory advice from different people. The first issue is a blocked drainage soakaway in the rear garden causing standing water along the rear wall which could lead to damp and other structual problems, the 2nd issue is the breather membrane under the tiled roof has been removed from a quarter of the roof causing water to be pushed under the tiles when the rain and wind combine. As these issues are not cosmetic or changes to the existing building these should be the landlords responsibility from what I have been told, how ever the housing association are refusing to carry out the repairs. Please help if it is the landlords responsibility is there any legal documentation that I can use to support my case and get the housing association to do the works. Thanks in advanced.
sto - 31-Mar-16 @ 1:43 PM
I'm trying to buy the remaining 60% share from the housing association (staircasing ) 4 years ago I had to put an RSJ in the ceiling as the survey we had done 20 years ago when we bought the property was negligent by saying that an internal that had been removed in the front room was non load bearing. 4 years ago the house was falling down so I contacted moat housing who said it had nothing to do with them and that under the terms of my lease I was responsible for all repairs and maintenance. My wife and I therefore had to pay for the structural alteration and install an RSJ. It doesn't say anywhere on the lease that Moat housing are responsible for anything.All it says is that we are responsible for keeping the property clean and tidy, all substantial repairs and maintenance and to keep it decorated. Any help would be appreciated.
dusty - 15-Mar-16 @ 5:49 PM
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