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

PART 1 General Provisions

Citation, commencement and application

1.—(1) These Regulations may be cited as the Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013.

(2) These Regulations shall come into force on 5th December 2013 and apply in relation to England only.

Interpretation

2.  In these Regulations—

“authority” means the local housing authority on which a proposal notice is served;

“house”(1) includes—

(a)

part of a house;

(b)

land let together with a house; and

(c)

land held for a purpose related to a house;

“interested parties” means—

(a)

any organisation which has entered into a management agreement with the authority under section 27 of the Housing Act 1985(2) which relates to the houses specified in a proposal notice; and

(b)

in a case in which the houses specified in the proposal notice are not located in the area of the authority, the local authority in whose area the houses are located;

“introductory tenant” means a tenant with an introductory tenancy granted under section 124 of the Housing Act 1996(3);

“PRP” means a private registered provider of social housing(4);

“tenant” means a person who holds a secure tenancy (within the meaning of section 79 of the Housing Act 1985), or other tenancy of a house from an authority; and

“tenant group” means a group of persons which meets the conditions contained in regulation 4.

Guidance

3.  Authorities must, when complying with the requirements of these Regulations, have regard to any guidance given by the Secretary of State relating to these Regulations.

Tenant Group

4.  To be eligible to serve a proposal notice under these Regulations, a tenant group must satisfy the following conditions—

(a) it has a constitution, available in written form;

(b) its constitution specifies an area in relation to which the proposal notice will apply;

(c) its constitution provides that any tenant of a house in that area may become a member of the tenant group;

(d) at least 20% of the tenants of houses in that area are members of the tenant group;

(e) at least 20% of the secure tenants of houses in that area are members of the tenant group; and

(f) the majority of the members of the tenant group must be secure tenants.

Proposal Notice

5.—(1) For the purposes of these Regulations, a proposal notice is a notice—

(a) stating that the tenant group serving the notice wishes the authority on which the notice is served to consider disposing of the houses to which the notice relates to a PRP; and

(b) complying with paragraphs (2) and (3) of this regulation.

(2) A proposal notice must also—

(a) state that it is a proposal notice served pursuant to these Regulations;

(b) contain or be accompanied by evidence that the tenant group meets the conditions set out in regulation 4;

(c) specify the houses and the area to which it relates;

(d) provide or be accompanied by evidence that the houses and the area so specified meet the conditions contained in paragraph (3);

(e) contain evidence that the majority of the members of the tenant group attending a meeting satisfying the conditions set out in paragraph (4), voted to serve the proposal notice;

(f) state that members of the tenant group are willing to work together with the authority; and

(g) contain evidence to show that the tenant group has used reasonable endeavours to notify tenants of the houses identified in the proposal notice of the following—

(i) the intention to serve the proposal notice; and

(ii) the effect of the notice.

(3) The houses and area identified in the proposal notice must satisfy the following conditions—

(a) the houses must be owned by the same authority;

(b) at least 100 of the houses must be let under secure tenancies; and

(c) the houses must form a geographically coherent area.

(4) Where a tenant group convenes a meeting for the purpose of deciding whether to serve a proposal notice, that meeting must satisfy the following conditions—

(a) reasonable notice must be given to all members of the tenant group of the time and place of the meeting;

(b) the notice of the meeting must explain that a vote upon whether to serve a proposal notice will take place; and

(c) all members of the tenant group must be entitled to vote.

Agreement for extension of time

6.  Where any person is required or authorised to exercise any function under Parts 2 to 4 of these Regulations within a specified period, the authority and the tenant group may by agreement before the expiry of that period, extend the period by a further specified period.

Written communications

7.  Any requirement under these Regulations to make, prepare, provide or send a notice, proposal, report, request or other communication, is a requirement to do so in writing.

Appointment of an arbitrator

8.—(1) Where the authority or tenant group may refer a matter to an arbitrator under any provision of these Regulations, the appointment of the arbitrator is to be agreed between them or, in default of agreement, appointed by the Secretary of State; and

(2) The authority and the tenant group must comply with the decision of an arbitrator appointed under these Regulations.

Determination by the Secretary of State

9.  Where the authority or tenant group apply to the Secretary of State for a determination, the procedure to be followed is contained in Part 5 of these Regulations.

(1)

“House” is defined for the purposes of Part 2 of the Housing Act 1985 in section 56 of that Act.

(2)

Section 27 was substituted by the Regulatory Reform (Housing Management Agreements) Order 2003 (S.I. 2003/940).

(3)

1996 c.52. Section 124 was amended by Schedule 2 to the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866).

(4)

See section 34A(9) of the Housing Act 1985. Section 34A(9) was amended by the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844).