The Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/2898 |
2013 No. 2898
Housing, England
The Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013
Made 7th November 2013
Laid before Parliament 14th November 2013
Coming into force 5th December 2013
The Secretary of State, in exercise of the powers conferred by section 34A of the Housing Act 19851, makes the following Regulations:
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”2includes—
(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 19853which 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 19964;
“PRP” means a private registered provider of social housing5;
“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)
(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)
(b) complying with paragraphs (2) and (3) of this regulation.
(2) A proposal notice must also—
(a)
(a) state that it is a proposal notice served pursuant to these Regulations;
(b)
(b) contain or be accompanied by evidence that the tenant group meets the conditions set out in regulation 4;
(c)
(c) specify the houses and the area to which it relates;
(d)
(d) provide or be accompanied by evidence that the houses and the area so specified meet the conditions contained in paragraph (3);
(e)
(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)
(f) state that members of the tenant group are willing to work together with the authority; and
(g)
(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)
(a) the houses must be owned by the same authority;
(b)
(b) at least 100 of the houses must be let under secure tenancies; and
(c)
(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)
(a) reasonable notice must be given to all members of the tenant group of the time and place of the meeting;
(b)
(b) the notice of the meeting must explain that a vote upon whether to serve a proposal notice will take place; and
(c)
(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.
PART 2
Initial Stage
Service of proposal notice
10.—(1) Where the tenant group serve a proposal notice on the authority, the authority must, within 28 days of receipt of the notice—
(a)
(a) reply to the tenant group acknowledging receipt of the notice and stating—
(i) that the proposal notice is accepted;
(ii) that the proposal notice is rejected and, if so, set out the grounds for rejection; or
(iii) that a request for a determination will be lodged with the Secretary of State within 21 days; and
(b)
(b) send a copy of the reply sent to the tenant group under paragraph (1)(a) to any interested parties.
(2) Where the authority does not acknowledge receipt of the proposal notice in accordance with paragraph (1)(a), the authority is deemed to have accepted the proposal notice.
Acceptance of the proposal notice
11. Where the proposal notice is accepted, the authority must proceed to the feasibility study stage for which provision is made by Part 3 of these Regulations.
Rejection of the proposal notice
12.—(1) The authority may reject the proposal notice on either of the following grounds—
(a)
(a) at least half of the houses specified in the notice were the subject of a previous proposal notice served within the two years preceding the date on which the current notice was received; or
(b)
(b) the notice does not meet one or more of the conditions contained in regulation 5.
(2) Where a proposal is rejected, the tenant group may apply to the Secretary of State, within 21 days of receipt of the authority’s acknowledgement of receipt of the proposal notice, to determine whether the proposal notice should be accepted by the authority.
Authority’s request to the Secretary of State for a determination
13. At any time after the service of the proposal notice, the authority may request the Secretary of State to determine whether the proposed transfer of houses to a PRP set out in the proposal notice will have a significant detrimental effect on the provision of housing services in the area of the authority or the regeneration of the area.
PART 3
Feasibility Study Stage
Feasibility study
14.—(1) Where—
(a)
(a) the authority has accepted a proposal notice under regulation 10;
(b)
(b) the Secretary of State has determined that the proposal notice should be accepted under regulation 12(2) or regulation 13; or
(c)
(c) the authority has not lodged an application with the Secretary of State for a determination under regulation 13 within 21 days of receipt of the acknowledgement of service by the tenant group
the tenant group may proceed to prepare a feasibility study.
(2) The feasibility study must set out—
(a)
(a) confirmation that the houses and area to which to which the feasibility study relates are those specified in the proposal notice;
(b)
(b) the possible options for the disposal of the houses and area specified in the proposal notice to a PRP (in particular whether to an existing PRP or a new PRP); and
(c)
(c) the feasibility of each option.
Duties of the authority – feasibility study stage
15.—(1) The authority must—
(a)
(a) agree a timetable and reasonable changes to any agreed timetable for the completion of the feasibility study with the tenant group;
(b)
(b) provide reasonable facilities to enable the tenant group to carry out the feasibility study; and
(c)
(c) provide sufficient information to enable the tenant group to complete the feasibility study.
(2) Where, in the view of the tenant group, the authority—
(a)
(a) does not agree a timetable or changes to an agreed timetable in a reasonable period;
(b)
(b) provides insufficient facilities or refuses to provide reasonable facilities; or
(c)
(c) provides insufficient information or fails...
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