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HCA consult on changes to Tenant Involvement and Empowerment Standard 17/02/2017

The Homes and Communities Agency (HCA) has launched a new consultation on proposed changes to the Tenant Involvement and Empowerment Standard.

 

These changes are proposed in response to the Deregulatory Measures in the Housing and Planning Act 2016.

 

The relevant provisions in section 92 of the Housing and Planning Act 2016 come into force on 6 April 2017 and are applicable to both non-profit and profit-making private registered providers. (These provisions do not apply to local authorities and any mention of "providers" below should be taken as excluding local authorities).

 

These changes mean:

 

  • That non-profit registered providers will no longer need to seek the regulator's consent before changing their objects, amending their governing document to make provision about the distribution of assets to members, becoming or ceasing to be a subsidiary or associate of another body, or restructuring (eg converting from a company to a registered society or vice versa; amalgamating; or transferring engagements).
  • That registered providers will no longer need to seek the regulator's consent to sell social housing or charge it for security.
  • The introduction of:
    • requirements for all private registered providers to notify the regulator of disposals of social housing dwellings, and for some providers to notify the regulator of disposals of other land; and
    • requirements for non-profit providers to notify the regulator about: changes to governing documents; company changes of name or registered addresses; certain restructures; dissolutions of registered societies; and company arrangements and reconstructions.
  • The imposition on the regulator of a specific statutory duty to make a registration decision about the body that results from a restructure.
  • Changes in requirements about the Disposal Proceeds Fund (DPF). After 6 April 2017 registered providers will not have to pay new proceeds from relevant disposals into a DPF; but existing DPF funds must be managed and spent in accordance with current requirements for a further period.
  • Amendment of the power to appoint board members and managers. Where there has been a breach of any legal requirements, the regulator will have the power to make board member and manager appointments.

 

As a consequence of these changes, the HCA is also consulting on changes to the Tenant Involvement and Empowerment Standard (which does apply to local authority landlords). These changes are being proposed in light of the deregulatory measures and aim to clarify and strengthen the regulator's requirements around consultation with tenants when providers are proposing to change their landlord or when proposing a significant change in their management arrangements.

 

The consultation will close at 5pm on 22 March 2017.

 

See full details of the consultation.

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