PART 10MISCELLANEOUS

CHAPTER 1FURTHER PROVISIONS RELATING TO OCCUPATION CONTRACTS

Consultation obligations of community landlords

I1234Consultation arrangements

1

A community landlord must make and maintain such arrangements as it considers appropriate—

a

for informing contract-holders under occupation contracts with the landlord of relevant proposals on housing management matters, and

b

for giving the contract-holders a reasonable opportunity to comment on the proposals.

2

The duties in subsection (1)—

a

apply only where a relevant proposal on a housing management matter is likely to substantially affect all the contract-holders under occupation contracts with the landlord, or a relevant group of such contract-holders, and

b

apply only in relation to the contract-holders who are likely to be substantially affected.

3

Before making any decision on a relevant proposal on a housing management matter, the landlord must consider any comments made by contract-holders in accordance with the arrangements.

4

Relevant proposal on a housing management matter” means a proposal that, in the opinion of the landlord, is about—

a

a new programme of maintenance, improvement or demolition of dwellings subject to occupation contracts, or

b

a change in the practice or policy of the landlord in relation to management, maintenance, improvement or demolition of such dwellings.

5

But a proposal is not a relevant proposal on a housing management matter so far as it relates to—

a

the rent payable or other consideration due to the landlord, or

b

charges for services and facilities provided by the landlord.

6

Relevant group” means a group that—

a

forms a distinct social group, or

b

occupies dwellings which constitute a distinct class (whether by reference to the kind of dwelling, or the housing estate or other larger area in which they are situated).

7

This section is subject to paragraph 12(7) in Part 2 of Schedule 8 (approval of redevelopment schemes).

I2235Statement of consultation arrangements

1

A landlord required to make arrangements under section 234 must prepare and publish a statement of the arrangements.

2

If the landlord is a local housing authority, it must make a copy of the statement available at the landlord's principal office for inspection at all reasonable times, without charge, by members of the public.

3

If the landlord is a registered social landlord or a private registered provider of social housing, it must send a copy of the statement to the Welsh Ministers and the local housing authority for the area in which the dwellings are situated.

4

A local housing authority to which a copy is sent under subsection (3) must make it available at its principal office for inspection at all reasonable times, without charge, by members of the public.

5

The landlord must give a copy of the statement—

a

to any contract-holder under an occupation contract with the landlord who asks for one, free of charge, and

b

to any other person who asks for one, on payment of a reasonable fee.

6

The landlord must also—

a

prepare a summary of the statement, and

b

provide a copy of the summary without charge to any person who asks for one.