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Housing(Scotland)Act 2001- Guidance on Tenant Participation
PART 5: CONSULTATION
Consultation with Tenants and Registered Tenants Organisations
69. Section 54 of the Act requires a landlord and a registered social landlord to notify the tenant and every RTO of any of the proposals set out below and the likely effect of such proposals on the tenant and to have regard to representations by tenants or tenants groups, within a reasonable timescale.
Proposals Subject to Consultation
70. Section 54(2) (a) to (d) of the Act set out the proposals on which a landlord should consult its tenants either individually or collectively through an RTO. These are:
(a) its policy in relation to housing management, repairs or maintenance, where the proposal, if implemented, is likely to significantly affect the tenant;
(b) the standard of service in relation to housing management, repairs and maintenance which it intends to provide;
(c) its tenant participation strategy; and
(d) a disposal which would result in a change of landlord or, if different, of owner of the house which is the subject of the tenancy.
71. Landlords are also required under section 25 of the 2001 Act to give each tenant not less than 4 weeks' notice, in writing, before increasing rents or other charges. Where a landlord proposes to increase the rents of all or any class of its tenants, it must first consult those tenants who would be affected.
72. The legislation is silent on how such consultation is to be carried out and how wide consultation should be. This is deliberate to allow sufficient flexibility to cover differing circumstances in different areas and differing levels and methods of consultation. To a large extent, it will depend on the size of the landlord's stock and how many tenants are likely to be affected and on whether there is an RTO in existence. In practice, this is likely to vary from landlord to landlord and even from proposal to proposal. What is important is that the most appropriate model of consultation should be chosen. The effectiveness of the chosen model should be reviewed in the light of responses received and within the wider review of the tenant participation strategy. It is important for landlords to consider and set out in the strategy how account is to be taken of the views of tenants and by whom. This could include having available on request a summary of the results of consultation and the proposed action.
73. We would recommend that landlords set out minimum standards, agreed in consultation with tenants/RTOs, for all consultations with tenants required under section 54 of the Act, which should be published as part of the tenant participation strategy. These should set out the areas on which the landlord will consult with individual tenants/RTOs, a timetable of main events including time for responses by tenants, the information the landlord will make available to individual tenants/RTOs to help them take an informed and effective part in the consultation, and details of:
- how and when the final decision will be taken;
- how the proposal will affect tenants;
- how and within what timescale tenants can make their views known to the landlord;
- details of how the tenants will receive feedback;
- the contact officer dealing with the consultation; and
- information on how and where to complain.
74. There may be different approaches to consultation taken in relation to individual tenants and RTOs. Individual tenants have a right to be consulted on both proposals from the landlord and on what issues are to be consulted on. The first stage may well be addressed, for example, through early notice in newsletters. Where the landlord is consulting individuals on issues likely to affect that tenant, there must be a clear mechanism for tenants to register their views. Where there are RTOs, the landlords should engage these at a very early stage in the process of developing proposals and should seek the view of any RTOs as to the extent of consultation needed on any proposal and how this should be conducted. If the landlord has more than one RTO, it must consult all such RTOs in an equal manner.
75. Where a proposal impacts on all tenants, for example changes to the landlord's allocation policy, it would be expected that all tenants should be consulted. It would be for the landlord, however, in line with the tenant participation strategy, to decide whether such consultation should take the form of public meetings, door to door surveys, individual letters to tenants or a combination of any of these. In all cases where the proposal is one affecting all tenants, landlords must ensure that there are arrangements in place and that these are well publicised, to allow all tenants who wish to make their views known the opportunity to do so.
76. The Act requires that the landlord takes account of any representations made to it, and allows a reasonable period for such representations which must be specified in the notice. "Reasonable period" is not defined but the tenant participation strategy should, in any event, set out the timescales for consultation as agreed between individual tenants/RTOs. Where this is not covered by the strategy, landlords should take steps to consult individual tenants/RTOs to agree a reasonable timescale. In some cases, the landlord's proposal will only affect certain tenants in a part of the landlord's area. An example might be a proposal to install double glazing in certain houses. In these cases, consultation with tenants and RTOs across the landlord's area of operation will be in terms of issues around the broader improvement programme. Points of detail on any agreed proposal would be the subject of consultation with the affected tenants only.
77. Where a landlord is consulting tenants on an individual basis, it is for the landlord to decide how best to do this in the light of local circumstances and taking account of tenants views. In developing its tenant participation strategy, the landlord will take the views of tenants into account as to what would be acceptable in terms of methods and levels of consultation. These might include:
- public meetings, conferences and seminars;
- tenants forums;
- special taskforces of tenants and housing officers to review policy or management of services;
- questionnaires and surveys;
- "walkabouts" with tenants to look at particular areas;
- information leaflets/letters/posters;
- newsletters;
- open days/exhibitions/roadshows; or
- development of internet sites where tenants can receive information and report their views.
Standards of Service
78. One of the areas where the landlord is required to consult is on the standard of service in relation to housing management, repairs and maintenance which it intends to provide. Local authorities should already be doing this in the context of the Best Value regime and RSLs in relation to Performance Standards.
Change of Landlord or Owner
79. Landlords must consult tenants on any disposal which would result in a change of landlord or, if different, of owner of the house which is the subject of the tenancy. This requirement reflects the provisions in section 76 and schedule 9 to the Act relating to the consultation and consent requirements for disposals of tenanted houses by a local authority landlord or an RSL. The Code of Practice for Tenant Participation in Stock Transfers, produced by the Tenant Participation Working Group and published by the Scottish Executive in January 2001 is relevant here. Also relevant is "Guidance for Local Authorities: Housing Transfers to Community Ownership" published by the Scottish Executive in August 2000. Copies of the guidance are available from
Scottish Executive Development Department,
H1-1,
1G Victoria Quay,
Edinburgh
EH6 6QQ
(Tel 0131 244 5594)
or on Scottish Executive website: www.scotland.gov.uk/library3/housing/hgl-00.asp
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