40.—(1) Before making any decision in relation to any matter of housing management, the landlord shall consult those of its secure tenants affected by the matter.
(2) For the purposes of paragraph (1) a matter is one of housing management if, in the opinion of the landlord, it—
(a)relates to the management, maintenance, improvement or demolition of dwelling-houses let by the landlord under secure tenancies, or to the provision of services or amenities in connection with such dwelling-houses; and
(b)represents a new programme of maintenance, improvement or demolition or a change in the practice or policy of the landlord; and
(c)is likely substantially to affect its secure tenants as a whole or a group of them.
(3) A matter is not one of housing management for the purposes of paragraph (1) in so far as it relates to the rent payable under any secure tenancy or to any charge for services or facilities provided by the landlord.
(4) In paragraph (2) “group” means a group of secure tenants who—
(a)form a distinct social group; or
(b)occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house concerned or the housing estate or other larger area in which they are situated).