0000003224 00000 n RSLs are obliged by the 2010 Act to allow for a minimum of 28 days. provide such other details about the proposed disposal as the landlord considers appropriate. However, given the significance of the matters that are subject to this procedure and their potential implications for tenants, we consider that the minimum ballot period should be 28 days. These processes cannot be commenced until after the tenant consultation process has been completed and the second notice has been served in each case. The guidance applies in each of the following situations: For ease of reference, we set out our requirements under each of these situations in parts 2 to 7 of this guidance. Tenants must be advised of their right to make representations and be given a reasonable period of time in which to do so. We may ask to review the business plan when an RSL notifies us about a proposed disposal. This means on any tenant who will cease to be a tenant of the RSL if the proposal is implemented. The RSL should serve each tenant with a notice that: The notice should be issued long enough before it is proposed that the arrangement is to be approved to enable tenants to consider the proposal and its implications (including its legal implications), to discuss the proposals collectively, and to take independent advice. This should include the reasons for the proposals; explains the likely consequences of the winding up for tenants, including information on the implications for their tenancy; and, S99 - dissolution of the registered society. Ԙ�yD��+�9Ƽ�k��@��^���h 2������;`���p(�TĥY�&Qd6vq��`K���f�`E&O �Ķ`���=L���"�1�2. h�b```b``�������� Ȁ �@16� ��Y�9�oX������[�����YXD.�(�P�ټ�[{UjXl[T>��m�?�n=☳n1�N�!� ��s��:=q���Y7�j�Q��ir�-���*HK^����*vS#�$3�[C4>M�����G7%N�S�.���}���0�Qk�V���{ 0000020727 00000 n Prior to issuing this second notice the RSL should consult with the independent tenant adviser to ensure that the information in the second notice is informed by and adequately reflects the views that have been expressed by the tenants who have responded to the first notice. provides any other details about the proposal as the landlord considers appropriate. Registered societies are required by the 2010 Act to have regard to our guidance. The fight … The RSL should consider any representations made to it within the specified time period in relation to its written notice. This gives Legal Rights to Beneficiaries/Tenants of Notting Hill Housing Trust to find out information from the management of the Trust - and the Chairman and Board of Directors of the … information on the implications for their tenancy and all the rights and responsibilities contained in that tenancy; details of the proposed membership and governance arrangements (including how tenants can participate as well as become members); details of any investment or service consequences (including scope and timing of proposed programmes of investment and service delivery scope and standards). ... but the carer will act as a family member, providing a consistent relationship and emotional support. 1. For ease of reference these are: We have produced this guidance to comply with the requirements in Parts 8 and 9 of the 2010 Act which requires us to issue guidance in relation to: We set out a range of proportionate measures designed to ensure that tenants’ interests are safeguarded. RSLs are obliged by the 2010 Act to allow for a minimum of 28 days. It is important that its tenants are able to understand the implications of the proposal and consequently that they can obtain advice from an independent source. Repossession. RSLs should consider this when taking forward a proposal to become the subsidiary of another body. ... or a body which at the material time is or was connected to a registered social landlord or a local authority landlord. Tenancy deposits. RSLs are also required under section 73 of the 2010 Act to notify us before, and as soon as reasonably practicable after notice of a proposal of a resolution for winding up of an RSL which is a company is given to members of the company who are entitled to vote on the proposal. PHONE: 1300 MPNEWS (1300 676 397) Published weekly. Where it is proposed that the company should convert to a registered society, before passing a special resolution under section 115 of 2014 Act the company should serve each tenant with a notice that: The notice should be issued long enough before the proposed conversion to enable tenants to consider the proposal and its implications (including its legal implications), to discuss the proposals collectively, and to take independent advice. It does not include where a company is being wound up or is in administration. ... Resident board membership of a RSL There are a variety of ways in which users, including … Welsh housing quality standard, rent policy, local housing allowance. 5.16. RSLs should consider a longer consultation period where at all possible. Tenants should also be advised of their right to make representations and be given a reasonable period of time in which to do so. The RSL should consult us about its proposals for tenant consultation, including the length of the consultation period, in order that we can assess whether the consultation will provide sufficient safeguards in the interests of tenants and stakeholders. This means the RSL must have regard to the following requirements of the 2010 Act: The implications for tenants of such a proposal may be significant. Guidance on how to conduct a ballot and how to seek the written agreement of tenants likely to be affected by the proposal is provided in part 8 of this guidance. Tenants should also be advised of their right to make representations and be given a reasonable period of time in which to do so. In the case of voluntary winding up or the proposed dissolution of a registered society, the RSL should serve each tenant with a notice that: The notice should be issued long enough before the proposed winding up or dissolution to enable tenants to consider the proposal and its implications (including its legal implications), to discuss the proposals collectively, and to take independent advice. In the interests of openness and transparency and in order that we can give effect to our objective, RSLs should notify us before implementing the proposed sale, transfer or restructure. Where an RSL considers that exceptional circumstances have arisen, it should discuss with us why a departure from this guidance is considered necessary, and it should explain the reasons for the departure to its tenants. For example, a secure tenant who changes housing association landlord as a result of a mutual exchange becomes an assured tenant and lose their secure tenancy and certain rights, such as the right to buy. An RSL can only end an Assured Tenancy by serving a Notice of Seeking Possession and obtaining a possession … If an RSL is proposing to dispose of tenanted houses it must notify us. Where it is proposed that the RSL is wound up the RSL cannot pass a special resolution before it consults with its tenants. We consider “as soon as reasonably practicable” to be within ten working days but our preference is that we are notified at the time the resolution is sent to the registrar. Where responses received in relation to the first written notice raise significant concerns about the proposal, the RSL should consider whether to halt or proceed with its proposal. Membership of the RSL should reflect the purpose and objects … will result in a tenant under a Scottish secure tenancy ceasing to be a tenant of the society proposing the restructuring; and. Private tenants do not have the same support network, and as such they are a difficult group to reach when trying to educate them on their rights as a tenant, as well as inform of organisations who can offer free help and advice in times of financial or budget problems. ... A housing association must be registered with the Housing Corporation. This part of the guidance applies where it is proposed to wind up or dissolve an RSL that is a registered society. 0000001781 00000 n 0000049312 00000 n ... (formerly known as RSL) and have the type of tenancy … All members are welcome. Renting and letting, public and community housing, retirement housing, homelessness. 0000010929 00000 n This should include clear and detailed reasons for the proposals; explains the likely consequences of the proposal for tenants, including information on the implications for their tenancy; and. We consider “as soon as reasonably practicable” to be within ten working days but our preference is that we are notified at the time the resolution is sent to the registrar. Tenants who transfer or exchange may be granted a different type of tenancy in the new property. The different types of Tenancies have their own set of legal … This guide explains what social RSLs need to do if they propose to sell or transfer tenants homes, restructure, or take other decisions that could significantly affect tenants. 0000001815 00000 n The RSL should make arrangements for the provision of free and independent professional advice for its tenants and its tenants should be able to access this resource from the outset of the consultation. You or your household provides details of the proposed arrangement to its tenants. 0000046138 00000 n 2020 Victorian Public … 814 (S.D.N.Y ... GRAMERCY SPIRE TENANTS' ASSOCIATION, Plaintiff, v. Patricia Roberts HARRIS, as Secretary of the Department of Housing and Urban Development, the Department of Housing & Urban Development, and Morris Sosnow, Jerrold A. Lieberman, Leonard … It is important that tenants are able to understand the implications of the proposal and consequently that they can obtain advice from an independent source. Where the proposal is that the company is wound up it must consult its tenants before passing a special resolution. Renting a property. This part of the guidance applies where an RSL, which is a registered society or a registered company, proposes to enter into an arrangement under which it will become a subsidiary of a body of which it is not currently a subsidiary. In all cases where an RSL is considering the sale or transfer of property to which this guidance applies, or where it is considering proposals to restructure, the RSL should notify us at an early stage in its deliberations, in accordance with our Notifiable Events guidance. 0000044942 00000 n The statutory provisions relating to ballots and written agreements are set out in section 115A of the 2010 Act. Information on the rights and responsibilities of public housing renters, residents and household members. 0000041821 00000 n statutory-guidance---tenant-consultation-and-approval---february-2019.pdf. 0000010381 00000 n Guidance and forms about buying, selling or living in a mobile home. General Low Cost Housing is not classed as affordable housing in PPS3 and therefore does not count towards the overall provision of affordable housing. These rights mean that everyone should be treated fairly and with dignity and respect. It is important that tenants are able to understand the implications of the proposal and consequently that they can obtain advice from an independent source. housing association] has put in a bid for a market town, it's going to say it's going to solve the needs of 13 villages, then that … include such other details as the landlord considers appropriate. Western Port. 0000008979 00000 n You must be an Australian citizen, have permanent residency or have Temporary Protection visa XA visa subclass 785 or Temporary Protection visa XC visa subclass 785. We refer to this in the guidance as restructuring; voluntary wind up or dissolution of a registered society and/or company; a company entering into a voluntary arrangement; or. For the purposes of section 96A restructuring includes: It does not include the conversion of a registered society into a company in accordance with section 112 of the 2014 Act. CARA Committee member Ross Hielscher presented an update on the shire-wide cycleway proposal and the results of various meetings with consultants and the new council reference group. _____ AGM Reminder. NEWS DESK. develop in conjunction with the lighting engineer, a turtle friendly street lighting design that achieves the minimum light requirements for road traffic and pedestrian safety, and that … provide to us the independent tenant adviser’s confirmation of the results from the tenant consultation exercise including any ballot or written agreement results. The costs that public housing renters are responsible for. The 2010 Act requires that the RSL must notify us of the results of the ballot, or of the number of written agreements sought and given, as soon as reasonably practicable after the ballot has been completed or, as the case may be, the period for the giving of written agreement has expired. 0000005053 00000 n 0000002788 00000 n In these circumstances the RSL must have regard to the provisions of section 104A of the 2010 Act which in turn requires that the RSL must comply with sections 115 to 120 of the 2010 Act. 0000033664 00000 n Enough is enough. give careful consideration to the representations made by tenants and discuss these with the independent tenant adviser; reflect on any new information which comes to light such as our engagement with relation to any proposed parent body; and. While our consent is not required for the sale or transfer of RSL assets or for restructuring, early notification will allow us to engage with the RSL and, where appropriate, its tenants and funders, in order to ensure that the interests of tenants and stakeholders are safeguarded. This means on all tenants affected by the proposal, which in this case means all of the RSL’s tenants. By written agreement we mean a signed agreement from tenants of houses included in the proposal acknowledging their understanding and acceptance of the proposal. The rights of fully mutual housing association tenants are further determined by whether they live in a par value co-operative or a co-ownership housing association. Our housing advice has been changing lives since 1966. Information on the rights and responsibilities of public housing renters, residents and household members. (S115) - consult with its tenants (this extends to all tenants of the RSL); (S115A 1) - conduct a ballot or seek the written agreement of its tenants (this extends to all tenants of the RSL); (S115A 2) - notify us of the results of the ballot or written agreement before implementing the proposal; and. some other alternative landlord, or • to increase the RSL’s ability to provide, in the longer-term, for persons qualified to be beneficiaries ... the trustees ought to take into account the likely take-up by tenants of these rights on their future management of the housing stock, and any financial implications there may be. The relevant statutory provisions are to be found in section 100A of the 2010 Act. RSLs are also required under section 73 of the 2010 Act to notify us before, and as soon as reasonably practicable after, notice of a proposal of a resolution for winding up of an RSL which is a registered society is given to members of the registered society who are entitled to vote on the proposal. What you pay. The RSL gives tenants, service users and other stakeholders information that meets their needs about the RSL, its services, its performance and its future plans. Please note that the flagship Housing Association (HA)/Registered Social Landlord (RSL) which is Notting Hill Housing Trust has extremely good relations with the Local Authority (L/A) as long as it remains LABOUR. Your guide to what’s on this weekend for peninsula families 220 Main Stree t, Morningto n 5976 5900 As a social tenant, you rent your home from the housing association or council, who are your landlord. (S115) - consult with each tenant included in the proposed disposal; (S115A 1) - conduct a ballot or seek the written agreement of tenants included in the proposed disposal; (S115A 2) - notify us of the results of the ballot or written agreement before making the disposal; (S115B 3) - have regard to the guidance issued by us when complying with the legislative requirements for tenant consultation and approval. 101 0 obj <>stream PDF specify the body of which it is proposed the RSL will become a subsidiary (the parent organisation); include such other details about the proposal as the landlord considers appropriate. Where the proposal is that the registered society is to be dissolved, the 2010 Act requires that it must consult with its tenants before it seeking the approval of the Financial Conduct Authority for the proposal. This need not automatically mean that the RSL does not proceed to the next stage in seeking tenant approval, for example if a significant number of tenants are undecided at the point of the first stage in the consultation process. 0000010998 00000 n Right to Acquire allows most housing association tenants to buy their home at a discount. Eviction. RSLs should refer to the relevant parts of this guidance for further information on tenant consultation. The 2010 Act does not specify a minimum period of time but as such a proposal may have significant consequences for tenants, we consider that the minimum period should be 28 days. The next stage is to seek the approval of tenants by carrying out a ballot or seeking tenants written agreement. where appropriate details of the proposed membership and governance arrangements that will come about as a consequence of the proposal (including, where appropriate, how tenants can become members); details of any investment or service consequences (including scope and timing of proposed programmes of investment and service delivery scope and standards); where appropriate how the loss of status as a social tenant will affect tenants’ rights and interests; and how the rights and interests of current and future tenants will be protected following the disposal; and. This should include the reasons for the proposals; confirm that it has complied with this regulatory guidance on the conduct of the tenant consultation exercise including any ballot/written agreement; and. Once you’re ... registered social landlord (RSL), which means we’re committed to high quality standards and accountability. A member of a short-life housing co-operative, like a tenant of a fully mutual association, is usually an occupier with basic protection. 0000003699 00000 n Reach for the sky. S115 (1) of the 2010 Act (tenant consultation) states that an RSL proposing to make a disposal must serve a notice on the tenants of each house included in the proposed disposal. The RSL should consult us about its proposals for tenant consultation including the length of the consultation period in order that we can assess whether the consultation will provide sufficient safeguards in the interests of tenants and stakeholders. What you pay. We will not unreasonably withhold or delay our agreement to an extension of time. 61 0 obj <> endobj Western Port. information about how tenants can participate and become involved with their landlord and in the decisions it makes. The 2010 Act does not specify a minimum period of time but as such a proposal may have significant consequences for tenants, we consider that the minimum period should be 28 days. Maintenance and repairs. These powers are provided for by section 48 of the 2010 Act. The RSL should take account of any concerns raised by tenants during the consultation and inform its tenants of the outcome of the consultation before proceeding to pass a resolution for the winding up of the RSL. %%EOF Any ballot ought to be conducted with regard to any guidance or good practice issued by the Electoral Commission and Ministers. Low-cost housing provided on a rented or shared ownership basis for those unable to afford a home in the private sector. Find what you need on www.trax.de. RSLs should consider a longer consultation period where at all possible. It is important that tenants are able to understand the implications of the proposal and consequently that they can obtain advice from an independent source. Homes are usually developed with money from central government or a housing association. The 2010 Act does not prescribe the period of time for which any ballot should be open. Membership for LANDLORDS are from £79.95 a year . The second notice must: Prior to issuing this second notice, the RSL should consult with the independent tenant adviser to ensure that the information in the second notice is informed by, and adequately reflects, the views that have been expressed by the tenants who have responded to the first notice. conversion of an RSL that is a company into a registered society. (S115A 2) - notify the Regulator of the results of the ballot or written agreement before implementing the proposal; and, where appropriate how the loss of status as a social tenant will affect tenants’ rights and interests and how the rights and interests of current and future tenants will be protected following the disposal; and, Section 102 – Conversion to a registered society. 0000045196 00000 n The RSL should consult us about its proposals for tenant consultation, including the length of the consultation period, in order that we can assess whether the consultation will provide sufficient safeguards in the interests of tenants and stakeholders.6.30. We refer to a number of statutes in the guidance. Only in very exceptional cases should the RSL seek to obtain the written agreement of tenants instead of carrying out a ballot. The City of Onkaparinga's Seniors Guide 2013-14 is a vital resource for our city's older residents and their families, carers and friends. If people on a council waiting list are clearly saying, “We want to be council tenants,”—actually, quite a lot of them are saying, “We would prefer to be a council tenant than an RSL tenant, because we think that the council is a better landlord, the rents are lower and the repairs are done better”—a Government who say that they are in favour of choice should respect that choice. Social housing regulation The RSL should consult us about its proposals for tenant consultation including the length of the consultation period in order that we can assess whether the consultation will provide sufficient safeguards in the interests of tenants and stakeholders. 0000113859 00000 n 0 2. If the RSL believes it will be unable to notify us in this period, then it should explain the reason for the delay and request an extension. GRAMERCY SPIRE TENANTS'ASS'N v. Harris, 446 F. Supp. News, gossip, sports - whatever you desire! 0000001653 00000 n The next stage is to seek the approval of tenants by carrying out a ballot or seeking tenants’ written agreement. We consider “as soon as reasonably practicable” to be within ten working days but our preference is that we are notified as soon as possible. Parent RSLs must have clearly defined rights to step in and take action if a subsidiary does not adhere to financial or other agreed limits or does not achieve agreed standards. Social housing management. Advice for tenants, applying for social housing. This part of the guidance applies where it is proposed to convert an RSL that is a company into a registered society under section 115 of the 2014 Act. The 2010 Act does not specify a minimum period of time but as such a proposal may have significant consequences for tenants, we consider that the minimum period should be 28 days. Supplementary Planning … Tenants must be advised of their right to make representations and be given a reasonable period of time in which to do so. Where the consultation identifies any material considerations not previously identified by the RSL, it should consider whether it is appropriate to continue to the next stage. Where we are not satisfied that the majority of tenants wish the proposal to proceed, we will engage with the RSL. 0000006057 00000 n Housing Ombudsman publishes Business Plan 2021-22. More information. Since ... different rights to tenants of non-Almshouse Registered Social Landlords. This guide will help you. confirm that it has complied with this regulatory guidance on the conduct of the tenant consultation exercise; and. Ask your local council or housing association for details of any schemes in your area. Residential Tenancy Changes. Section 115A of the 2010 Act (tenant approval) requires that a ballot of tenants is conducted or that the RSL seeks the written agreement of its tenants for the proposed restructure. The RSL should consult with and take account of the views of the independent tenant adviser on which method would be in the best interests of the tenants included in the proposal. The 2010 Act requires that the RSL must consider any representations made to it within the specified time period in relation to the first written notice. Tenants must be advised of their right to make representations and be given a reasonable period of time in which to do so. Tenants should also be advised of their right to make representations and be given a reasonable period of time in which to do so. Now it's time to provide more clarity about what comes next - A blog by Michael Cameron, Chief Executive, SHR Board Meeting - Minutes 15 September 2020, SHR Board Meeting - Minutes - 6 October 2020, Andrew Watson - SHARE corporate governance conference - 25 November 2020, SHR Board Meeting Minutes - 3 November 2020, Manor Estates Housing Association response to EESSH2 consultation, Dundee City Council response to EESSH2 consultation, Grampian Housing Association response to EESSH2 consultation, Milnbank Housing Association response to EESSH2 consultation, South Lanarkshire Council EESSH2 consultation response, South East Scotland Regional Network 2 response to EESSH2 consultation, South West Scotland Regional Network 3 response to EESSH2 consultation, Stirling Council response to EESSH2 consultation, Statement of Compliance with the Public Services Reform (Scotland) Act 2010, What does the past year mean for the future of social housing and its regulation? Section 115A of the 2010 Act (tenant approval) requires that a ballot of tenants is conducted or that the RSL seeks the written agreement of its tenants for the proposed disposal. The 2010 Act does not specify a minimum period of time but as such a proposal may have significant consequences for tenants, we consider that the minimum period should be 28 days. 0000001116 00000 n Territories. Guidance on how to conduct a ballot and how to seek the written agreement of tenants likely to be affected by the proposal is provided in part 8 of the guidance. Council housing. In these circumstances the following sections of the 2010 Act will apply: Where the proposal is that the registered society is to be wound up the 2010 Act requires that it must consult with its tenants before it makes a resolution to wind up. The implications for tenants where an RSL is being wound up or dissolved can be significant as can the implications of conversion to a registered society. The next stage is to seek the approval of tenants by carrying out a ballot or seeking tenants’ written agreement. We may also be able to provide support and guidance to the RSL. The notice should be issued long enough before the proposal to enable tenants to consider the proposal and its implications (including its legal implications), to discuss the proposals collectively, and to take independent advice. the reasons for the proposal (to include financial information and a summary of any business plan upon which the proposal is based); a summary of the benefits and any potential disbenefits of the proposal; explain when it is that the proposal will be implemented, and. Search our housing advice Search our website by keyword Enter your search term. Celebrate International Women’s Day by choosing your health. <<2C1132B5E073284DA0A7A742CCD959DE>]/Prev 208043>> When your application is approved by the Board, you’ll receive a share certificate to confirm your membership. An RSL proposing to dispose of tenanted houses should ensure the purpose and implications of the disposal are reflected in its business plan and that it meets Standard 7 of the Standards of Governance and Financial Management. This should include the reasons for the proposals; provides details of the proposed winding up to its tenants. The Housing (Scotland) 2010 (as amended) – the 2010 Act, The Co-operative and Community Benefit Societies Act 2014 – the 2014 Act, The Companies Act 2006 – the Companies Act, The Insolvency Act 1986 – the Insolvency Act. Our most recent research from November showed the following: Information on some of the changes that will affect you as a public housing renter. In almost all cases, the RSL should ballot its tenants on the proposal. RSLs should adopt in full the requirements that are set out in this guidance. Social Housing Grant (SHG) A capital grant provided by the Housing Corporation to fund Registered Social Landlord to.
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