The Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013

Consultation with tenants

21.—(1) The authority must serve a notice upon all the tenants of houses contained in the feasibility study statement informing them of the following—

(a) the proposal selected by the tenant group including the identity of the PRP to whom the disposal is to be made;

(b) the likely consequences of a disposal for the tenant;

(c) the effect of the provisions of this regulation, regulation 22 and Schedule 3A(1) to the Housing Act 1985;

(d) in the case of a secure tenant, the effect of sections 171A to 171H of the Housing Act 1985(2) (preservation of right to buy on disposal to private sector landlord); and

(e) details of such reasonable period as is specified in the notice during which a tenant may make representations about the proposed disposal to the authority.

(2) The authority must also serve a copy of the notice served under paragraph (1) on any interested parties.

(3) Subject to paragraph (4), the authority must—

(a) consider with the tenant group any representations made by tenants and interested parties within the period stated in the notice; and

(b) where the tenant group agrees, serve a further written notice on the tenants containing—

(i) details of any significant changes to the proposal;

(ii) a statement that the tenant may within such period as is specified in the notice (which must not be less than 28 days) communicate any objection to the proposal to the Secretary of State; and

(iii) information about the effect of regulation 22 (seeking consent of the Secretary of State) and paragraph 5 of Schedule 3A to the Housing Act 1985 (consent to be withheld if the majority of secure tenants and introductory tenants are opposed).

(4) Where the tenant group notifies the authority within 14 days of the end of the period specified in the notice served under paragraph (1) that it does not want to proceed with the proposal, the authority is not required to serve a further written notice under paragraph (3).

(5) Where—

(a) the tenant group wishes to proceed with the proposal; and

(b) the authority consider it appropriate to proceed with the proposal;

the authority must arrange a ballot of secure tenants and introductory tenants to establish whether or not the secure and introductory tenants wish for the disposal of the houses and land to the specified PRP to proceed.

(6) After the ballot has been held, the authority must notify each tenant (whether or not the tenant voted) and any interested party of—

(a) the outcome of the ballot;

(b) whether the consent of the Secretary of State to the disposal of the houses and land pursuant to regulation 22 will be sought by the authority; and

(c) where the consent of the Secretary of State is to be sought, the fact that the tenant may within such period as is specified in the notice (which must not be less than 28 days) communicate any objection to the proposal to the Secretary of State .

(7) The tenant group may refer the matter to an arbitrator where—

(a) the authority and the tenant group fail to agree to serve a further notice under paragraph (3)(b); or

(b) the authority does not consider it appropriate to arrange a ballot under paragraph (5).

(1)

Schedule 3A of the Housing Act 1985 was inserted by section 6(2) and (3) of and Schedule 1 to the Housing and Planning Act 1986 (c.63). The Schedule has been amended by section 294 of the Housing and Regeneration Act 2008 (c.17) and S.I. 1997/74.

(2)

Sections 171A to 171H were inserted by the Housing and Planning Act 1986 (c.63) section 8(1) and (3) and modified by S.I. 1993/2240 article 3 Schedule paragraph 55, S.I. 1993/2241 regulation 2, Schedule 1 and other statutory instruments not relevant to this instrument. Section 171B was also amended by the Anti-social Behaviour Act 2003 (c. 38) section 14(5) Schedule 1 paragraph 2(1) and (3); the Housing Act 1988 (c.50) section 127(1); the Housing Act 1996 (c.52) section 222, Schedule 18 paragraph 26(1); the Family Law Act 1996 (c.27) section 66(1), Schedule 8 paragraphs 34 and 56 and the Civil Partnership Act 2004 (c. 33) section 81, Schedule 8 paragraph 31. Sections 171C and 171H were also amended by the Housing Act 1988 section 127(2) and (3) and the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) section 187(2) Schedule 22. Section 171H was also amended by the Housing Act 1988 section 140 Schedule 17 Part 1 paragraph 42.