The Housing (Right to Manage) (England) Regulations 2012

Definition and general duties of tenant management organisations

4.—(1) A tenant management organisation is an organisation which satisfies the following conditions(1) —

(a) it has a constitution in written form;

(b) its constitution specifies an area in relation to which it seeks to enter into a TMO agreement with an authority;

(c) its constitution provides that any tenant of a house in that area may become a member of the TMO;

(d) its constitution provides that, in conducting its affairs, the TMO must avoid any unlawful discrimination;

(e) its constitution provides that the affairs of the TMO must be conducted either—

(i) by the members of the TMO at a general meeting; or

(ii) by a committee or board of directors elected by members of the TMO.

(2) For the purposes of these Regulations, a TMO—

(a) is not disqualified from being a TMO if its constitution contains provision for matters other than those specified in paragraph (1); and

(b) does not cease to be a TMO if its constitution is at any time amended to contain such provision.

(3) In exercising its functions under these Regulations, a TMO—

(a) must act in accordance with the provisions of its constitution relevant to the exercise of its functions under these Regulations; and

(b) must have regard to any guidance provided from time to time by the Secretary of State relevant to the exercise of its functions under these Regulations.

(1)

See section 27AB(8) of the Housing Act 1985.