The Scottish Government

The aim of this is to ensure that organisations have a structure that allows for election of office bearers gives opportunities for members to express views and ensures that elected officers report to their members. This does not mean that the body has to be a formally incorporated body such as an Industrial and Provident society. A simple constitution that spells out how the organisation will be accountable to members will suffice in many cases but where an organisation has access to substantial funds it may be appropriate to look at more formal incorporation.
It is essential that landlords receive a copy of a tenant association's constitution as part of the registration process. Many landlords who are working proactively to promote tenant participation will have acceptable model policies that groups can adopt if they wish. It is important for landlords to note that the constitution is a basis for registration. If the constitution does not fulfil the criteria for registration the landlord can refuse to register but landlords should in any event work with prospective RTOs to help them meet the criteria for registration.

The aim of this criterion is to enable the group to demonstrate how decisions are reached democratically and how the organisation is run. This requirement aims to place accountability at the forefront of tenant groups. In assessing this criterion landlords may look at the constitution of the organisation, details of office bearers, details of co-optees and how they were appointed, meeting frequency, minutes, etc. It should be borne in mind that, as voluntary organisations, tenants groups may not be able to demonstrate as clearly as better resourced bodies how effectively they do this. In the first instance the landlord may wish to establish, as part of the registration process, how decisions will be made and how members may influence the group.

For initial registrations, the constitution will be a key document in assessing accountability within the group. For subsequent registrations the landlord may consider some of the other indicators identified above.

The purpose in defining areas of operation for registered tenants groups is to allow for clarity in the setting up of groups and to recognise natural areas of operation. There may also be issues for landlords looking at areas of operation, where competing groups are set up or where a number of very small groups are active in an area. This is an example where the registration process could be used proactively to facilitate more effective working. In the case of a number of small groups working in the same area they could be encouraged to join up as a group or to federate for the purposes of working with the landlord.

While landlords may use the registration process to promote effective liaison, the fact that there are competing groups or a number of small groups should not in itself be taken as a justification for not registering a tenants group, providing that the group meets the general criteria for registration. Where there are competing groups purporting to represent the same tenants, the landlord should discuss with each of the groups their rival claims and come to a decision on the evidence presented as to which of the groups should be registered. It is, of course, open to the landlord in such circumstances to register each of the groups or none of the groups, but groups will have the right of appeal against non-registration.

Registration for tenants groups with a landlord operating on a national basis should reflect the management structure of the landlord. There may be strong practical reasons for having the registration linked to local management boundaries, but the landlord may choose to bring tenant groups together for national consultation. The landlord should reflect how registration could operate most effectively within the context of the tenant participation strategy. Tenants groups should in this situation, however, not be disadvantaged in terms of access to the management of the landlord as a whole, when compared with locally -based landlords.

The registration of national tenants groups should be limited to where a tenants group organised on a national basis reflects the structure of their landlord, for example a national RSL. There would not be a requirement to register generic multi-landlord federations operating on a national basis.

This applies where tenant groups raise or secure funding, particularly from the landlord. The external scrutiny may be by formal audit, but in many cases this may not be appropriate, as the sums of money involved do not warrant the cost of audit. Many landlords carry out audits of funded groups as a condition of funding, which may be the appropriate level of external scrutiny. The key issue where a group has funds, is that these are properly reported and accounted for, both to funders and the group as a whole.

Tenant Federations

6. The criteria for registration of local tenant federations will be the same as for individual tenant organisations. A federation which is registered with each of the landlords of its member groups will have statutory rights to be consulted by those landlords on housing and related issues affecting the area served by its membership. This will give the federation direct involvement with such issues rather than through each of the member groups concerned. As with tenant organisations representing tenants of two or more different landlords, it is essential that when consulted by a particular landlord, a tenants federation can ensure that the views given are representative of the tenants of that landlord. Where a local federation does not have tenants of a particular landlord, there is no statutory duty on that landlord to register that federation.

Mixed Groups

7. It is recognised that groups may comprise a mix of tenants and residents. There is nothing to prevent a mixed group of tenants and residents applying to be registered provided they meet the necessary criteria and provided there is a mechanism in place within the RTO for the views of the tenants of that landlord to be sought, for example, through tenant only surveys or tenant sub-committees.

The application material which the tenants organisation should make available on application for registration includes a copy of its constitution; names and contact addresses of committee members, identifying office bearers and any co-optees; a description of its geographical area of operation; and a statement of how it will represent tenants in the area of its operation. Landlords should work pro-actively with groups that may require support to develop such material. It is important to note, in relation to contact addresses of committee members, that some members may not wish to identify their home or work address. In such circumstances, it should be sufficient to rely on a box number or other c/o address, such as that of the landlord itself.

Registration of tenants groups should not be seen as a reactive administrative task. For some groups, who are already developed, registration will be relatively straightforward. For others, however, there will be a need for development of the group towards registration. The process of registration offers opportunities to proactively develop tenant groups, with registration being held out as an achievable objective for groups. Going through the registration process would allow groups to develop the structures that they need to support their other activities. At a basic level, landlords could assist by having available model constitutions, membership policies and advice on equalities. Higher level support could include development work to encourage tenant groups to form, or to channel issues to the correct forum. RTOs should also be able to access development support from other bodies engaged in such work.

The process of registering tenants organisations is one where landlords must operate fairly. There is a right of appeal to Scottish Ministers, on the basis of whether a landlord declined to register a tenants organisation, or removed a tenants organisation from the register. Ministers will look at such appeals in relation to the criteria set out.