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Housing(Scotland)Act 2001- Guidance on Tenant Participation
ANNEX C
Application by Tenant Management Co-Operative to Landlord
Where a TMC makes an application to a landlord under section 55(3) of the 1987 Act, it should provide information on the matters set out below.
Status - the application should describe the TMC's status: society, company or body of trustees. It should also state whether it is registered with the Registrar of Friendly Societies or any other body.
Constitution - covering the matters described briefly in paragraph 85 of the guidance.
Houses concerned - the TMC needs to identify those properties, management of which it wishes to assume.
Tasks it wishes to take over - the TMC needs to state the management tasks it proposes to undertake.
Tasks to be retained by the landlord - a clear and unambiguous statement is required, which should include any arrangements which have been made for consultation with, or participation by, the TMC in exercise of the functions.
Finance and resourcing - the TMC should ensure that there are arrangements for the proper handling of its finance. We expect an agreement between a TMC and a landlord to include provision to cover funding of the activities to be carried out under the agreement. Consequently the TMC will wish to detail resourcing for the work it proposes to undertake, in particular in relation to staff, secretarial services, office provision, etc.
Safeguards for tenants - it may be necessary to provide safeguards for tenants living in an area where it is proposed to establish a TMC and who wish neither to become members of it nor to move.
Consultation between TMC and landlord - it will be desirable to have some formal arrangement for liaison and consultation between the TMC and the landlord. This could take many forms, but the TMC might consider whether its constitution should provide for a landlord member to sit on its Management Committee or its main Committee, or for the landlord to have a reserve power of nomination to the Committee.
Winding up - specific provision must be made for:
(i) management of the houses concerned to be recovered by the landlord should either party wish to terminate the agreement, or if the TMC is wound up or becomes insolvent;
(ii) where (i) above applies, provision for a period of notice for termination and for notification to Scottish Ministers; and
(iii) independent arbitration in cases of dispute about the interpretation of the agreement and on whether there was sufficient ground for its termination without the consent of one of the parties.
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