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Transfer TimetableBusiness Plan & Offer Document Training , Nelson Gdns OAP Club, Zander Court, London E2 - 16-11-04 Sample Offer Document | Sample Offer Documents
[IMPORTED OFFICE FILE]CONTENTS The proposal Section A:Background and Summarypage [ ] Section B: The Council´s housing transfer proposalPage [ ] Section C: Improving your home page [ ] Section D: The rent and other charges you would paypage [ ] Section E: Improving your services page [ ] Section F:Involving you in the running of the servicepage [ ] Section G:Your rightspage [ ] Section H:How Hyde Southbank Homes is runpage [ ] Section I:Useful names and addressespage [ ] Appendix 1:Indicative Timetable for transferpage [ ] Appendix 2:Legal requirements for housing transferpage [ ] Appendix 3:Other informationpage [ ] Appendix 4:The proposed tenancy agreementPage [ ]
What is the proposal? The London Borough of Lambeth is proposing to transfer the ownership and management of the homes on the and The Bridge estates to Hyde Southbank Homes because the tenants have specifically suggested it and lobbied for it over several years. Government restrictions on Council finances mean it has become increasingly difficult to provide a high level of service and undertake all the major repairs and improvements needed to your homes. What is stock transfer? So far more than 140 councils have transferred over 780,000 council homes to housing associations. This has been to allow substantial investment to be made in homes and estates and to give residents more control over the management of their homes. What are the key benefits of transfer? After considering its own resources and tenants´ views, the Council believes that the main benefits for tenants of the transfer proposal would be:
Approximately £19million would be invested to deliver major improvements to homes on the estates both inside and outside The work to be undertaken in the first three years will include: The promises detailed above are subject to tenants voting in favour of the transfer proposals and then planning approval being received. Specific works and initiatives would also be subject to continued consultation with residents. What is the timetable for consultation? The current plans are as follows: About Hyde Southbank Homes Hyde Southbank Homes was established in 1999 as a charitable Industrial and Provident Society to regenerate homes in Lambeth. It is part of the Hyde Group. The Hyde Group has been providing affordable housing in London and the South East for over 35 years and now owns and manages over 30,000 homes. It has assets of over £1billion and an annual turnover of £90million. What is a Housing Association? Housing Associations are not for profit organisations, which provide affordable housing. There are over 2,000 housing associations in owning over three million homes. They are regulated by the Housing Corporation and subject to inspection by the Audit Commission, government agencies that make sure that public services are well provided. Hyde Southbank Homes´ experience Hyde Southbank Homes has successfully completed two stock transfers in Lambeth since 1999 and has invested over £70million in the homes transferred to it. It has completed the refurbishment of 2,500 homes in Stockwell earlier than promised and has delivered improvements beyond those originally promised to residents. The Hyde Group is now working on four stock transfers in 2004 including this proposal. Hyde Plus The Hyde Group established Hyde Plus, its Social, Community and Economic Regeneration arm, in 1996 to lead on community initiatives that support and are related to providing and managing homes. Communities where The Hyde Group owns homes benefit from the services of Hyde Plus. These services include:
Compare your Rights
The table above compares the rights Secure Tenants have now with the Council with those that you would have with Hyde Southbank Homes if the transfer goes ahead. Introductory Tenants have fewer rights than Secure Tenants. The table shows which rights Introductory Tenants do not have with the Council during the 12 month probation period. These are marked with an asterisk * in the second column.
What is the proposal? The London Borough of Lambeth is consulting you about the possible transfer of the ownership and management of all the Council´s housing on the Kennington Park and The Bridge estates ("the Estates") to Hyde Southbank Homes because the tenants have specifically suggested it and lobbied for it over several years. If the housing transfer goes ahead, Hyde Southbank Homes would be your new landlord. Hyde Southbank Homes is a charitable not-for-profit housing association and part of the Hyde Group. It has extensive experience of stock transfers and large-scale regeneration schemes. We believe that the transfer has a number of advantages, but it will be for you to make that decision in a ballot of all of the Council´s Secure and Introductory tenants on the Estates. The ballot is planned for May 2004. If you have any questions about any aspect of the proposal for transfer, please phone the Council´s Freephone Helpline on [???]. Why is the Council asking you to consider this? The Council is proposing to transfer the and Bridge Estates to a charitable not-for-profit housing association called Hyde Southbank Homes. More than 140 Councils have transferred over 780,000 council homes in this way, all with the intention of improving housing and services. Government restrictions on Council finances mean it has become increasingly difficult to provide a high level of service and undertake all the major repairs and improvements needed to your homes. The Hyde Group has been managing the Estates for the past seven years under a contract with the Council. This has meant that it has had to use the Council´s existing contractors, policies and procedures as well as being constrained by the Council´s budgets. On occasions, services delivered locally on the Estates have not been as responsive or as effective as the Council or The Hyde Group would like or as residents would expect. The Council also realises that your homes are in need of modernisation and improvement and an independent sample survey was carried out on the condition of your homes. This showed what needs doing now and in the future and how much the works are likely to cost. However, the Government currently limits what the Council can borrow and what we can spend from rents. New rules on Prudential Borrowing are being introduced by the Government in April 2004 but we are still unlikely to have enough money in the future to fund all the modernisation and major repair works needed. Under the new Prudential Borrowing arrangements, the amount of borrowing undertaken will be for councils to decide in the light of the revenue resources available to meet the costs of borrowing. This will be informed by a ?Prudential Code´ which, although not providing councils with any additional resources, will give them greater freedom over decisions about the use of resources. The impact of the change will vary and each council will need to assess the extent to which this will allow them to carry out additional borrowing and increase investment to improve their housing stock. It is unlikely that this change will enable councils to obtain the same level of resources for investment in the housing stock that could be obtained by a housing association. What are the key benefits of transfer? After considering its own resources and tenants´ views, the Council believes that the main benefits for tenants of the transfer proposal will be:
Why can´t the Council spend what is needed?
What would be the Council´s housing role after transfer? If the transfer goes ahead, the Council would no longer be your landlord. However, the Council would:
What is your role? The Council is committed to an open and detailed consultation process with its Secure and Introductory tenants, and you have a major role to play in the consultation. The Council will consider any comments you make on this proposal. There is a form within this pack to help you make comments. Please send your comments back to Lambeth Council by [???]. The Government will only agree to the transfer if they are satisfied that a majority of tenants on the Estates are not opposed to the transfer. This means that the transfer would not go ahead unless a majority of tenants who vote in a ballot vote in favour of the proposal. The Residents´ Associations of both Estates have discussed this document with the Independent Tenant Advisors, F.I.R.S.T. Call. Where can you go for more information? There are a number of ways in which you can get more information. You can:
The Council is required by the Government to bring all homes up to a standard of repair and modernisation by 2010. This is called the Decent Homes Standard. The Council anticipates it may have the money available to comply with this but this is not guaranteed. In any event the Council cannot meet tenants´ expectations in terms of providing warm, energy efficient homes with modern amenities. Management arrangements The Council is currently consulting with residents across Lambeth about changing the way we provide housing services and repairs. The Council has not yet made a final decision but if the proposals are accepted as they are, it may mean the closure of housing offices including the Oval Neighbourhood Housing Office. If you require any more information about this please contact: [insert contact details]
Hyde Southbank Homes will carry out a major programme of refurbishment and improvement works to the 849 homes on the and The Bridge estates. Approximately £19million will be spent on the refurbishment and improvement works over three years after transfer. Hyde Southbank Homes would also carry out a planned maintenance programme for the following 30 years that is linked to a Business Plan to make sure that the properties are maintained to a high standard. Hyde Southbank Homes has carried out extensive consultation with residents through open meetings, surveys, fun days, block meetings, newsletters and design meetings. A detailed design proposal has been developed following these extensive consultations with the residents. Alongside the Council´s stock condition survey that has already been carried out, Hyde Southbank Homes has carried out an internal survey of 10% of the properties on the Estates. The works proposed combine residents wishes and the result of Hyde Southbank Homes´ survey. Proposed works in first three years after transfer: Please note that the promises detailed below are subject to tenants voting in favour of the transfer proposals and then planning approval being received. Specific works and initiatives would also be subject to continued consultation with residents. The following properties are included in the transfer proposals and will be subject to the investment and improvement programmes should the transfer proceed: The Bridge Estate: Denland House Dorset Road 109-115 Elworth House Approximately £19 million investment to make a major improvement to homes on the estates both inside and outside The work to be undertaken in the first three years will include:
To improve safety and security and to reduce the opportunity for anti-social behaviour: Refuse arrangements: Communal areas: External environment and landscaping at : External environment and landscaping at The Bridge estate: Community facilities
Works to the Benville sheltered housing scheme As well as the major investment outlined above, Hyde Southbank Homes would pay attention to the investment needs of homes and community rooms in the sheltered housing scheme at Benville House. Hyde Southbank Homes would also repair and upgrade lifts where necessary. Works would include:
Planned maintenance Hyde Southbank Homes would implement a programme of planned and cyclical maintenance. This would include, for example, making sure kitchens and central heating systems are replaced at the end of their useful life. The works programme will be managed locally by a regeneration team. The team will include Resident Liaison Officers whose main responsibility is to minimise disruption to you while the works are carried out. Hyde Southbank Homes has substantial experience of carrying out these kinds of works with residents in occupation. A preferred contractor will be selected by resident representatives to undertake the works to your homes. Hyde Southbank Homes will ensure the contractor and its sub-contractors will minimise disruption and provide: Hyde Southbank Homes would work with residents, partners and other agencies to carry out these improvements and would report progress against action plans to the Resident Estate Board. Independent consultant Baily Garner has been appointed to provide independent advice on the works programme. They will monitor the contractor´s performance, value for money, health and safety procedures and resident satisfaction levels. Would tenants be consulted about the works? Each tenant would be fully consulted about the proposed modernisation and improvement programmes to their home before work is carried out. You will have choices regarding the colour, layout and design of work to your home. Prior to work commencing each block will have meetings to plan the design of communal works. Prior to work to your home, you will be visited by the Contractor and a Hyde Southbank Homes officer to agree the works required to your home. Do you have to have the work done? Unless there are health and safety issues such as gas servicing, works would only be carried out to your home if you wish them to be done. For example, you would not be expected to have your kitchen replaced if you had done it recently yourself. Will I pay extra? No. There would be no extra charge for any of these improvements over and above the annual rent increases explained in Section D. What happens if you have to move out while works are carried out? Hyde Southbank Homes does not anticipate that tenants would have to move out while these works are carried out. However, if there are special circumstances (such as tenants with health problems) Hyde Southbank Homes would provide additional support during the works period and would take account of special requests prior to instructing the contractors. Would you have the right to do your own improvements? Yes. You would still be able to improve your home, with the permission of Hyde Southbank Homes and any planning or other consents you may need. If you do improve your home within the terms of your tenancy agreement, this would not affect the level of rent you pay and you may be entitled to compensation if you end your tenancy. Assured tenants have no statutory right to make improvements, but in its tenancy agreement Hyde Southbank Homes grants rights to improve your home, subject to obtaining the landlord´s consent. These are similar to the rights you enjoy under your current tenancy agreement. Would Hyde Southbank Homes maintain your homes properly in the future? One purpose of proposing transfer is to make sure that homes are properly maintained to a good standard and that there is enough money to continue maintaining homes in the future. Hyde Southbank Homes would have the money needed to make sure that items in your homes, such as central heating boilers for instance, were replaced when they reached the end of their useful life. What would happen about day-to-day repairs? Hyde Southbank Homes would be responsible for providing the day-to-day responsive repairs service. Its aim is to improve upon the existing service. For more information on how it intends to achieve this, please see Section E.
What would happen to rents? At the time of transfer, each tenant would pay the same rent to Hyde Southbank Homes as they were paying to the Council. As with the Council, the first rent increase would be due in April 2005. The Government has introduced a new system for rents. This aims to ensure that by 2012 housing associations (like Hyde Southbank Homes) and local councils charge similar rents for similar properties in similar locations.
In line with current Government guidelines, Hyde Southbank Homes´ financial plans are based on limiting annual rent increases (after the target rent is reached) to inflation plus 0.5% a year until [2034]. The 30-year business plan also allows for the improvements to tenants´ homes and an improved housing service to tenants as explained in this document. In addition, Hyde Southbank Homes is committed to keeping rents affordable and the Housing Corporation would ensure that they do this.
What would happen to service charges? At present, where additional services are provided to tenants, these are added onto the amount you pay as rent. These currently only apply to a very small number of tenants with communal heating. What would happen to service charges? At present, where additional services are provided to tenants, these are added onto the amount you pay as rent. These currently only apply to a very small number of tenants with communal heating.
Both the Council and Hyde Southbank Homes would only be able to charge tenants the actual cost of providing services. They are not allowed to make a profit. All residents would be legally protected against the imposition of unfair service charges. Would there be a home contents insurance scheme? Hyde Southbank Homes makes a preferential home contents insurance scheme available to its residents via an independent insurance broker. Residents could elect to arrange cover from the date of transfer so that there is no break in their insurance cover. What rents would new tenants pay? New tenants are people who are not currently living on the Estates as secure or introductory tenants of the Council, and who then move into a home on the Estates for the first time after the transfer. Hyde Southbank Homes would charge all new tenants the target rent for their home from the start of their tenancy, plus any service charge that was applicable. What methods could you use to pay your rent? The main method of payment is swipe card payment at payment points, principally the local Post Office. You would still be able to pay your rent by: In addition, Hyde Southbank Homes is currently piloting Direct Debit payments and will also try to introduce new ways of paying as and when they become available. What about housing benefit? The transfer would not affect your entitlement to claim Housing Benefit. In addition, service charges (apart from charges for heating and lighting, which are excluded now) would also be covered by Housing Benefit or by the Government´s new Supporting People benefit (see below). Applications would still be made to the Council and the Council would make payments to those who qualify. Advice would be available from both the Council and Hyde Southbank Homes. What about rent arrears? Your rent pays for the housing service and the ongoing investment in your home. Hyde Southbank Homes believes it is not fair to those tenants who do pay their rent on time to allow a minority not to do so. However, it also realises that some tenants sometimes have financial difficulties through no fault of their own. Hyde Southbank Homes would contact any tenant who falls behind with their rent. They would work with the tenant to find a way for arrears to be cleared over an agreed period. As a responsible social landlord, Hyde Southbank Homes would (like the Council), adopt a ?firm, but fair´ policy towards rent arrears. As a last step, Hyde Southbank Homes, like the Council, could take court action to end a tenancy. Normally, this would only be done when a tenant has ignored an agreement to pay off arrears without any good reason. If the transfer goes ahead, any tenant who owes rent to the Council would then owe that rent to Hyde Southbank Homes. How would the Government´s ?Supporting People´ initiative affect tenants?
How would Hyde Southbank Homes service and maintain your homes? Hyde Southbank Homes would be committed to maintaining and improving the existing housing management services. Local housing office It would do this through a local housing team based in the Oval Neighbourhood housing office on the Kennington Park estate. A full local housing service will be provided including the following staff teams: The role of the Resident Estate Board in improving services At present Hyde Southbank manages your homes, but it has had no control over the appointment or selection of contractors that provide services. If the transfer goes ahead residents on the Resident Estate Board would help select all contractors providing services to the Kennington Park and The Bridge estates when the existing contracts come to an end. These will include:
The Resident Estate Board would monitor the performance of the selected contractors and would have the authority to terminate contracts if the services provided were unsatisfactory. Service standards In partnership with you, Hyde Southbank Homes would regularly review the way in which it delivers services to make sure that services continue to be:
How would Hyde Southbank Homes improve the day-to-day repairs service? Hyde Southbank Homes would improve the day-to-day repairs service through:
The planned maintenance programme would continue for works such as servicing gas appliances and external painting, and repairs needed before painting is done. How would I report a repair?
How quickly would repairs be done? Hyde Southbank Homes would aim to complete repairs within the following times:
If things were to go wrong or you felt services had fallen below expected standards, a simple clear complaints procedure would be available (see below). Dealing with people you know You would continue to deal with people you know. Some of the existing employees from the Kennington Park Estate office that deal with the Estates and the current sheltered scheme warden would transfer to Hyde Southbank Homes. Hyde Southbank Homes is committed to strengthening the existing arrangements for staff. As part of this commitment:
Hyde Southbank Homes would maintain any communal land that belonged to it. Both the Council and Hyde Southbank Homes understand that this is important for tenants. In consultation with residents, Hyde Southbank Homes would be committed to reviewing the arrangements, frequency and performance with the aim of improving customer service satisfaction. Tenants of flats and sheltered housing schemes would be consulted about the grass cutting and grounds maintenance service. Hyde Southbank Homes would then take into account the suggestions from tenants and options for improving these services. Garages and garage areas on the Bridge Estate are also a cause for concern among tenants and Hyde Southbank Homes would review these garage areas and would plan to redevelop or refurbish each site as necessary. The Benville House sheltered housing scheme would also benefit from environmental improvements and tenants of Benville House would benefit from the range of home improvements that would be offered (for more details see Section C). Hyde Southbank Homes is aware of residents´ concerns about developing on green areas. Hyde Southbank Homes has no current plans to develop on the green spaces and would only do so in the future after consultation with residents if it had the support of the Resident Estate Board and the wider community. Would Hyde Southbank Homes do any community work? Through Hyde Plus, Hyde Southbank Homes would work closely with residents and public bodies like Lambeth Social Services and Education, the Police, the Health Authority, GPs and voluntary agencies to help local communities tackle problems and improve quality of life. Hyde Southbank Homes would also work in partnership with others, including the Employment Service, to support neighbourhood renewal initiatives. Hyde Southbank Homes has carried out extensive consultation with the residents through open meetings, surveys, resident events, block meetings, newsletters and community regeneration sub-group meetings. If the transfer goes ahead, Hyde Southbank Homes would explore and develop initiatives with the Resident Estate Board in the following areas: What would happen to the sheltered housing service? Hyde Southbank Homes would:
Hyde Southbank Homes would continue to ensure access to an emergency alarm service, providing peace of mind 24 hours a day throughout the year to many older residents and people with disabilities. Would Hyde Southbank Homes carry out adaptations to homes to help people with disabilities? Yes. Hyde Southbank Homes would work closely with Lambeth Council Social Services to make sure that adaptations needed to allow tenants to enjoy full use of their homes are assessed and carried out. Hyde Southbank Homes would set aside money for adaptations in line with the Council´s current policy, which has applied for a number of years under a partnership with Social Services. How would Hyde Southbank Homes deal with anti-social behaviour? Hyde Southbank Homes remains committed to tackling anti-social behaviour, nuisance and harassment. Harassment of any form is unacceptable as it is not only anti-social behaviour but is also aimed at people for personal reasons. Harassment can be based on gender, race, colour, religion, age, sexual orientation or physical or mental disability. Hyde Southbank Homes would thoroughly investigate all reports of harassment. Hyde Southbank Homes´ policy would enable it to use the full range of responses available, including, where appropriate, mediation, injunctions, professional witnesses, acceptable behaviour contracts, anti-social behaviour orders (in consultation with the Council and Police) and eviction. Extra services for all tenants Hyde Southbank Homes is committed to improving services and would consult tenants about how to do this. Examples of how this could be achieved are listed below. A Handyperson Service Hyde Southbank Homes would improve the caretaking service by introducing Local Estate Maintenance Service to the Estates. The Local Estate Maintenance Service would have an inspection role on the Estates, checking health and safety and work carried out by contractors. They would be trained to carry out minor repairs such as lock changes and unblocking drains. Hyde Southbank Homes would investigate the feasibility of making this service available to leaseholders at a reasonable charge. Hyde Southbank Homes would also be interested in looking into the feasibility of creating a pay-as-you-go odd job service for residents for small tasks around the home that do not come under the landlord´s responsibility. In a recent survey, many tenants said they would like help with small jobs around the house. In response to this request Hyde Southbank Homes would investigate with the Resident Estate Board the feasibility of offering an ?on request´ Handyperson service. Such a service could have two roles:
Hyde Southbank Homes would work with tenants to clarify the sorts of jobs that they would want a handyperson service to offer if it proved to be financially viable. These jobs would be listed in a leaflet so that everyone knew what was available. Tenant Reward Scheme Following a feasibility study produced this year, Hyde Southbank Homes recognises the value of introducing a Tenant Reward Scheme to recognise those tenants and leaseholders who pay their charges on time, look after their homes and are good neighbours. Other landlords in the UK have introduced schemes which offer these residents benefits such as an enhanced response repairs service, retail vouchers, access to a handyperson service or community training. Hyde Southbank Homes plans to work with interested residents to create a meaningful reward scheme for its tenants and leaseholders. How would homes be let to new tenants? Hyde Southbank Homes would allocate homes in a similar way to the Council. Homes would only be let to people in housing need. There would also be an agreement to allow the Council to nominate people in housing need where Hyde Southbank Homes has properties available for letting. The Council would nominate new tenants to live in the homes as they do at present. As with the Council, Hyde Southbank Homes would operate a tenants´ transfer policy so that tenants who need to move to bigger or smaller properties or to another type of property can be considered for a move. Would you still be able to transfer to a Lambeth Council Property? You would retain the right to move to Lambeth Council property through the housing transfer list. How could you comment on or complain about the services you receive? Hyde Southbank Homes has a Feedback and Complaints policy and procedure developed using the Housing Corporation and the Independent Housing Ombudsman´s good practice guide published in 2002. The policy would include a step-by-step procedure for those wishing to complain. If your complaint is not dealt with to your satisfaction there is a procedure for the Resident Estate Board and then the Board of Hyde Southbank Homes to review your complaint. Finally, you could also take your complaint to the Independent Housing Ombudsman (see Section H for more details). Your local councillors would also continue to represent you.
Hyde Southbank Homes and resident involvement Hyde Southbank Homes sees tenant involvement as an important aspect of delivering high quality services. Its policy is to take decisions at a local level, involving local people wherever possible. Hyde Southbank Homes has a Customer Involvement Policy and Strategy, which follows national good practice guidelines on tenant participation. Residents will be elected to a Resident Estate Board for Kennington Park and The Bridge, and this Board will have a key strategic role in governing the improvement works and the delivery of housing and maintenance services. It would also have responsibility for shaping the Customer Involvement Policy and Strategy so that it meets the requirements of local people. Residents´ associations form the backbone of any participation structure and Hyde Southbank Homes and the Resident Estate Board will support the existing tenant and resident associations on Kennington Park and The Bridge, along with promoting an imaginative and inclusive approach to resident involvement. Hyde Southbank Homes will commit to funding resident participation by paying administration grants to the residents associations, providing or financing training for residents and employing dedicated staff to support community activities. Hyde Southbank Homes and the Resident Estate Board will work to ensure that there are opportunities for all members of the diverse local community to get involved and express their views. How could tenants get involved in Hyde Southbank Homes? Tenants would be able to get involved at a level that suits them best. This would include: See below for more details. Regular information Hyde Southbank Homes understands that tenants need information about what´s going on and about the performance of the housing service. Hyde Southbank Homes would give information to all residents on a regular basis. This would include a residents´ newsletter, as well as a regular report giving performance statistics at least once a year. Hyde Southbank Homes would also publish details of its annual accounts. Kennington Park and The Bridge Tenants´ and Residents´ Associations Hyde Southbank Homes would actively support the Kennington Park and The Bridge Tenants´ and Residents´ Associations and has included a budget in its business plan to do this. The level of financial support will be the same as it currently is with the Council. The two Tenants´ and Residents´ Associations represent the community on their respective estates and would be involved in local decision-making through consultation with Hyde Southbank Homes. How could tenants be involved in monitoring the quality of service? Hyde Southbank Homes would carry out a range of customer satisfaction surveys on a regular basis to make sure that services meet your needs. It would act on the results of these surveys to improve and develop services. Hyde Southbank Homes would encourage the Tenants´ and Residents´ Associations to monitor the performance of the housing service and Hyde Southbank Homes will produce information in the form of newsletters and annual reports for circulation and discussion. Staffing support Hyde Southbank Homes would employ staff to support tenants and encourage tenant participation. The number of staff required to support tenant participation will be the subject of consultation with the Resident Estate Board.
How would tenants´ rights be affected if the transfer goes ahead? Most Council tenants are Secure Tenants or (if you have been given a tenancy for the first time within the last year) Introductory Tenants. With Hyde Southbank Homes you would become an Assured Tenant. The main difference is that as a Secure or Introductory Council Tenant the rights you now enjoy are set down in law by Acts of Parliament. As an Assured Tenant with Hyde Southbank Homes, your rights would partly be covered by Acts of Parliament and partly by a legally binding contract (your tenancy agreement) between you and Hyde Southbank Homes.
The table above compares the rights Secure Tenants have now with the Council with those that you would have with Hyde Southbank Homes if the transfer goes ahead. Introductory Tenants have fewer rights than Secure Tenants. The table shows which rights Introductory Tenants do not have with the Council during the 12 month probation period. These are marked with an asterisk * in the second column. What rights would tenants lose? You would lose two rights because Hyde Southbank Homes is not able to offer them within the tenancy agreement . How would tenants´ rights be protected? If the transfer takes place, transferring tenants would be asked to sign a new tenancy agreement (see Appendix 4). Once you and Hyde Southbank Homes sign the tenancy agreement, your rights in that agreement cannot be changed without your permission. The only things that can change are the annual rent and service charges. Would tenants still be able to buy their homes? If you have the Right to Buy your home with the Council, you would continue to have a Preserved Right to Buy with Hyde Southbank Homes. These rights remain with you or any member of your family who succeeds you (takes over your tenancy) even if you later move to another home which is owned by Hyde Southbank Homes or Hyde Housing Association, as long as that home is not exempt from the Right to Buy. Also, if you have the Preserved Right to Buy and later move to a Council home in another area, you would still have the Right to Buy and any discounts would include time as a tenant of Hyde Southbank Homes. Introductory Tenants do not have a Right to Buy with the Council but Hyde Southbank Homes has agreed to give transferring Introductory Tenants a contractual right to buy in the tenancy agreement, which gives the same right to buy a home as the Preserved Right to Buy. Some homes such as sheltered accommodation are currently excluded from the Right to Buy and this will continue to be the case with Hyde Southbank Homes. Tenants housed by Hyde Southbank Homes after the date of transfer would not have the Preserved Right to Buy, but would have the Right to Acquire (see below). What happens to discounts? Any discount you have built up would transfer with you and would continue to increase while you are a tenant of Hyde Southbank Homes. What is the maximum discount and cost floor? Under current rules, if you buy your home under the Right to Buy or Preserved Right to Buy, the amount you pay is decided by using a set formula. The purchase price is determined by the market value of the property less your discount (based on years as a Council or housing association tenant). With the Council the maximum discount is currently £16,000. The same limit would apply if you transfer to Hyde Southbank Homes and use your Preserved Right to Buy in the future. You would be affected in the same way, whether the transfer takes place or not. This is subject, however, to something called the cost floor. The cost floor is the minimum price that you could pay for your home even if your discount would take the price below this amount. The cost floor is the total amount spent by your landlord on buying, improving or building your home and includes repair and maintenance costs where these are above £5,500. The cost floor is most relevant where a landlord has recently spent large amounts of money buying, building or improving the property or where large amounts of money have been spent on repairs and maintenance. With the Council, these costs are worked out (broadly) over a ten-year period before you buy your home. The two main differences are as follows: In some cases, the effect of these changes may reduce the amount of your discount, but for the majority of tenants, it is likely that the new cost floor will have little or no effect. You should note that the Government is proposing to change some aspects of both the Right to Buy and the Preserved Right to Buy, such as qualifying periods and the length of time over which any discount may have to be repaid. These proposed changes would happen whether you remain a secure tenant with the Council or become an assured tenant of Hyde Southbank Homes. What is the Right to Acquire? Tenants of Hyde Southbank Homes (including existing tenants transferring from the Council) would be able to buy their home under the Right to Acquire scheme as long as certain tests are met. This scheme is based on a grant rather than a discount and is normally less generous than the Preserved Right to Buy Scheme. The maximum grant for homes in the Borough is currently £[ ]. You cannot combine both the Right to Acquire and the Right to Buy. Would tenants still be able to pass on their homes? Hyde Southbank Homes´ Tenancy Agreement allows the same people to take over the tenancy when a tenant dies as under a Council secure tenancy. As with the Council, other than in exceptional circumstances your home can only be passed on once. Please note you will be counted as a successor if you were a joint tenant at transfer and later become a sole tenant. Hyde Southbank Homes´ tenancy agreement would ignore any previous successions to the tenancy with the Council. This means that if the transfer goes ahead, all tenants would start again with a right of succession, even if they have already used their right of succession when they were tenants with the Council. What about transfers or exchanges? Hyde Southbank Homes aims to make best use of its housing by assisting with tenant transfers and exchanges within its stock and with other landlords. Hyde Southbank Homes would participate in H.O.M.E.S. (the Housing Organisations Mobility and Exchange Scheme) and the HOMESWAP Scheme that helps people to move to Council or housing association homes outside the Borough. Would tenants still be able to sublet their homes? Yes. You would be in the same position with Hyde Southbank Homes as Secure Tenants of the Council. You would be able to sublet part of your home, with Hyde Southbank Homes´ permission, or take in lodgers. Would Hyde Southbank Homes have more rights to obtain possession of tenants´ homes? Would tenants still have a right to have repairs carried out? Yes. This means that if Hyde Southbank Homes or its contractors failed to carry out certain types of repairs within set time limits, you can require Hyde Southbank Homes to appoint another contractor to do the repairs. You have the right to compensation if that contractor does not then do the repairs within a set time limit. Would Hyde Southbank Homes consult tenants in the same way as the Council? Yes. The Housing Corporation will require that Hyde Southbank Homes consults with and provides information to all its tenants as if they were Secure Tenants. This is one of the terms in the Tenancy Agreement (see Appendix 4 for more information). What about new tenants coming in after transfer? New tenants (those people who are not tenants of the Council at the time of the transfer but join Hyde Southbank Homes later) will be given an Assured Shorthold Tenancy for the first 12 months of living in their new home. This is similar to the Introductory Tenancy that new people are given for the first year of being a Council tenant. It is an added protection against anti-social behaviour.
Introduction Hyde Southbank Homes is part of the Hyde Group and was established in 1999. Its key objectives are as follows: How is Hyde Southbank Homes run? A management team of experienced senior officers leads the staff team at Hyde Southbank Homes. The Operations Director oversees Hyde Southbank Homes and is the lead officer for the Kennington Park and The Bridge transfer. Hyde Southbank Homes would employ paid officers to run the housing service on a day to day basis. By and large, they would be staff that currently provide the service for the Council now so you would continue to deal with the people you know. A list of key officers is shown in Appendix 3. The Hyde Southbank Homes board was established in 1999 to oversee all activities of the association. The Board is made up of 15 members consisting of: Hyde Southbank Homes is currently looking to increase the number of resident representatives to seven, which would include two from Kennington Park and The Bridge. Hyde Southbank Homes is currently discussing this with the Council. Hyde's representatives and the local community representatives are chosen for their expertise in areas such as housing association work, law and finance. The Board is responsible for overseeing the management of the properties in its ownership and for ensuring that the promises set out in this document are kept. As a subsidiary and not-for-profit organisation, Hyde Southbank Homes will have three to five trustees (appointed by Hyde Housing Association) who will be ultimately responsible for the organisation. However, the operational management of the subsidiary will be the responsibility of the Hyde Southbank Homes Board. The Trustees will monitor and review the activities of the Board. If the transfer goes ahead, a Resident Estate Board would be set up to oversee the management of your homes. The Resident Estate Board will have responsibility for: The Resident Estate Board would be a formal sub-committee of the Hyde Southbank Homes Board. It will have a minimum of 12 out of 15 places reserved for residents. If required all places can be allocated to residents. However, it is proposed that three places be reserved for independent board members who have a particular expertise in certain areas, for example in property refurbishment. Four places have been allocated to residents of The Bridge estate and eight for residents of Kennington Park estate. Elections will be held in 2004 for places on the Resident Estate Board. All residents of the Kennington Park and Bridge estates will be eligible to stand for election to this Board. All board members will be elected for a period of not more than three years. At the end of this period, members wishing to continue on the board will need to stand for re-election. The Chair of the Board will be elected by members of the Board for a period not exceeding three years. Board members will be provided with detailed training and support. Members will oversee the management and refurbishment of the Estates. Membership of the board is a voluntary activity and is likely to involve around six meetings a year. Although no payment is made, reasonable expenses, such as childcare costs for example, will be reimbursed. Would I be able to complain to, or about, Hyde Southbank Homes? Yes. Hyde Southbank Homes recognises that complaints from tenants can be a valuable source of feedback on service delivery. If Hyde Southbank Homes could not settle your complaint informally, you would be able to make a formal complaint through its published Complaints Procedure. Every tenant would receive details about the procedure after the transfer If you were still unhappy after going through the Complaints Procedure, you would be able to contact the Independent Housing Ombudsman. Hyde Southbank Homes would be expected to comply with any recommendation made by the Independent Housing Ombudsman. You would also be able to contact one of your local Councillors or your MP in the same way as you can now. SECTION I: USEFUL NAMES AND ADDRESSES Lambeth Council [] Council´s Freephone Helpline [] F.I.R.S.T. Call (Independent Tenants´ Adviser ) [Address] Freephone helpline [] Deputy Prime Minister Office of the Deputy Prime Minister Nik Wheatley Zone 2/D1 Eland House Bressenden Place London SW1E 5DU Tel: [] The Housing Corporation Stock Transfer Registration Unit Attenborough House 109/119 Charles Street Leicester, LE1 1QF Tel: 0116 242 4879 Website: www.housingcorp.gov.uk Community Housing Task Force
The law which states that councils have to consult their tenants about proposed transfers of council housing is set out in Section 106A and Schedule 3A of the Housing Act 1985. The Council and the Deputy Prime Minister must have regard to the views of the Council´s Secure and Introductory tenants. If you are not sure what type of tenant you are, please refer to your tenancy agreement or phone the Council´s Freephone Helpline on [] The Council must give you a notice informing you of: The details, consequences and effects of the Council´s housing transfer proposal are set out in this document. The effects of the provisions of Schedule 3A Housing Act 1985 are:
As well as this document, there are some other documents you may want to look at in relation to the Council´s housing transfer proposal. If you would like a copy of any of these documents, please call the Council´s Freephone Helpline on []. The Way Forward for Housing: this is the Government´s policy statement on future housing policy. [The Housing Corporation´s Assured Tenant´s Charter: this document sets down the standards of service you can expect from Hyde Southbank Homes based on the Housing Corporation´s guidelines. The Housing Corporation expects to publish a new charter for residents in the near future.] The Grounds for Possession of Secure and Assured Tenants: this document provides the full text (as set down by Parliament) of the grounds for possession which can be used against secure tenants and the grounds which can be used against assured tenants. Detailed Comparison of Rights Before and After Transfer: this document sets down a detailed comparison between the rights of tenants with the Council and the rights tenants would have with Hyde Southbank Homes if the transfer goes ahead. The Community Housing Taskforce website: National Housing Federation website: The Housing Corporation website: List of Key Officers Hyde Southbank Homes Management team Photos insert List of Hyde Southbank Homes´ board members and biographical details APPENDIX 4: THE PROPOSED TENANCY AGREEMENT Hyde Southbank Homes´ tenancy agreement has been designed so that tenants´ rights and obligations are as close as possible to those of Council secure tenants. The tenancy agreement, which would be issued by Hyde Southbank Homes to tenants transferring from the Council if the transfer goes ahead, would be in the form set out in the following pages. This tenancy agreement would come into effect from the date of transfer and would be issued as soon as possible after this date to each transferring Secure and Introductory tenant except: In these cases, the new tenancy agreement would be issued if: In the meantime, these tenants would become tenants of Hyde Southbank Homes like all other tenants. They would be assured tenants and the terms of their tenancies would be as set down by law together with the terms of their existing tenancy with the Council. Hyde Southbank Homes would be able to enforce the possession orders that the Council had obtained and may also be able to obtain possession orders for tenancy breaches where the Council has served notices before the transfer takes place. Sample Offer DocumentDue to spamming the sample offer document, which is based on a blog extension to allow comments, has had to be hidden to casual visitors. If you wish to see it, please apply for registration with the site.
NotesWelcome to the sample offer document. This is a draft of an offer document which was used by London Borough of Lambeth. It's included here so that you can compare it with the THCH/LBTH versions, (which we will post as soon as possible), and so that you can comment on anything contained in the offer - things you might want added or subtracted, for example. To find a topicClick on a Main Heading on the right Click on the heading of the topic you're interested in OR use the search option Have Your SayYou can add comments, or ask questions, on a form at the bottom of each topic You comments won't appear on line immediately - they need to be approved first, though we won't censor anything that is not plain irrelevant or defamatory. Supporting documents (which may appear also elsewhere on the site) are gathered together under each heading. You can access them by clicking on the header for each event This provides a very convenient way of finding the background reading for each topic. |
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