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Housing(Scotland)Act 2001- Guidance on Tenant Participation
PART 1: INTRODUCTION
1. The purpose of this circular is to provide guidance on the statutory framework for tenant participation which is provided for in Chapter 3 of Part 2 of the Housing (Scotland) Act 2001 ("the Act").
2. It covers the provisions in sections 53 to 56 of the Act relating to tenant participation, consultation with tenants and registered tenant organisations and tenant management agreements. Separate guidance on the right to a tenancy agreement and information in section 23 of the Act, is included in the guidance on the Scottish secure and short Scottish secure tenancy (SEDD Circular 6/2002) issued in August 2002.
3. These provisions came into force in line with the new Scottish secure tenancy on 30 September 2002. They are subject to regulation by Communities Scotland.
4. It is important to be clear that this guidance relates to the statutory provisions of the Housing (Scotland) Act 2001 in relation to tenant consultation and participation. This is not a general guide to tenant participation. There are many examples of good practice on wider participation issues. These are detailed in the bibliography attached at Annex D of this guidance.
Background
5. The Executive's commitment to bringing about effective tenant participation in Scotland has its roots in the National Strategy for Tenant Participation drawn up by a Working Group on Tenant Participation set up by then Ministers in May 1998. The following organisations were represented on the Working Group:
The Scottish Tenants Organisation; CoSLA; Scottish Homes; Scottish Federation of Housing Associations; Tenant Participation Advisory Service; Tenants Information Service; Tenant Information in Grampian, Highland and Rural Areas; Chartered Institute of Housing in Scotland; and Shelter.
6. The National Strategy for Tenant Participation "Partners in Participation", was published in April 1999, following extensive consultation. The strategy set out key principles for good tenant participation and committed tenants, social landlords and central government to a programme of action to achieve this. In the case of central government this included a commitment to involve tenants in discussions about housing policy at a national level and the need for the Scottish Executive to take forward the question of a statutory right to participation. The Tenants Information Service (TIS) was commissioned by the Executive to consider options and make recommendations on how a statutory right could be introduced in Scotland.
7. In carrying out their study, TIS consulted with a wide range of tenants' groups, tenants' federations, landlords and housing advice agencies. The study considered a range of options to introduce a statutory right to tenant participation and made recommendations on how such a right might be introduced.
8. TIS submitted their final report to the Scottish Executive on 24 June 2000. In July 2000, the Executive published its consultation paper on the Housing Bill, Better Homes for Scotland's Communities - the Executive's Proposals for the Housing Bill, which detailed the proposed new rights of consultation and information for tenants. It referred to the TIS study having been commissioned and indicated that its findings would inform what, if any, further legislative proposals might be required.
9. The provisions in the Act were informed by the TIS study as well the wider consultation on the Bill and the debate during its passage through Parliament. The TIS study has also been helpful in shaping this guidance.
Key Principles for Good Tenant Participation
10. In implementing the new statutory provisions, landlords should ensure that the key principles of the National Strategy on Tenant Participation, "Partners in Participation" are applied. These have been endorsed by tenants' organisations, landlords, housing agencies and the Executive to promote a consensus about good tenant participation practice. The key principles as outlined in the Strategy are as follows:
"Tenant participation requires a culture of mutual trust, respect and partnership between tenants, elected and committee/board members, and housing officers at all levels, working together towards a common goal of better housing conditions and housing services. Tenant participation practice should be seen as a continuous process where information, ideas and power are shared, common understandings of problems are strived for and a consensus on solutions is worked out. Good tenant participation allows all parties to contribute to the agenda. All participants require to have all the information needed to consider issues properly; that information requires to be clear, timely and accessible and to take account of equal opportunities concerns. Processes of decision making should be open, clear, and accountable. Adequate time should be given to tenant representatives to consider the issues properly. Tenants should have the opportunity to work out a common view in advance of meeting landlord's representatives. Good tenant participation requires the landlord to recognise the independence of tenants' organisations. Good working relationships evolve gradually and are flexible to adapt to local circumstances. Tenants' organisations require adequate resources for organisation, training and support. Tenant participation in rural areas must be tailored to suit the particular circumstances and needs of tenants in such communities. Tenant participation must meet the requirements of the legislation surrounding equal opportunities. Good practice in participation removes barriers to effective participation arising from ethnicity, geographic location, special needs, language difficulties, learning difficulties, age, sexual orientation, or disability." |
Codes of Practice on Tenant Participation
11. There are currently five codes of practice on aspects of tenant participation developed by the Tenant Participation Working Group. These are as follows:
Tenant participation at a Local Level.
Tenant participation in Best Value.
Tenant participation in Regeneration.
Tenant participation in Stock Transfers.
Tenant participation in Rural Areas.
12 .These Codes describe how to apply the principles in the National Strategy for Tenant Participation, "Partners in Participation". It is important that landlords recognise that the new statutory rights do not replace the existing National Strategy or Codes of Practice. Rather, the new statutory framework underpins the National Strategy and landlords should ensure that they continue to apply the principles set out in the National Strategy and the related Codes of Practice in relation to their statutory duties under the new Act.
13 .Copies of these Codes and the National Strategy, "Partners in Participation" are being issued in tandem with this guidance. Further copies can be obtained from
Scottish Executive Development Department,
Housing 2-3,
1G Victoria Quay,
Edinburgh
EH6 6QQ
(Tel. 0131 244 2105).
Copies can also be found on the Scottish Executive Website: http://www.scotland.gov.uk
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