The Housing (Right to Manage) Regulations 1994

Determination of disputes under regulation 4

5.—(1) Subject to paragraph (6), where an approved person submits a report under regulation 4(9), the local housing authority or the tenant management organisation may refer any of the conclusions set out in the report with which they disagree to an arbitrator within two months of the report being submitted to the body making the reference.

(2) Where the approved person’s conclusion as to whether it is reasonable to proceed with the proposed management agreement is referred to an arbitrator, the arbitrator shall decide whether it is reasonable so to proceed and notify the Secretary of State, the local housing authority, the tenant management organisation and the approved person of his decision within two months of the matter being referred to him.

(3) Where the arbitrator decides that it is not reasonable to proceed with the agreement, the proposal notice shall be deemed to have been withdrawn.

(4) Where the arbitrator decides that it is reasonable to proceed with the agreement, this decision accords with the approved person’s conclusion, and the approved person’s conclusion as to the terms on which the agreement should be entered into has not been referred to the arbitrator, the local authority shall comply with paragraphs (a) and (b) of regulation 4(12) within two months of being notified of the arbitrator’s decision.

(5) Where the arbitrator decides that it is reasonable to proceed with the agreement and that decision does not accord with the approved person’s conclusion, the matter shall be referred back to the approved person, who shall, within three months of the matter being referred back to him, resubmit his report under regulation 4(9), which report shall be in accordance with the decision of the arbitrator and shall include the terms on which the agreement should be entered into.

(6) Where a report is resubmitted in accordance with paragraph (5), the approved person’s conclusion in the resubmitted report as to whether it is reasonable to proceed with the agreement shall not be referred to an arbitrator.

(7) Where the approved person’s conclusion as to the terms on which the agreement should be entered into is referred to an arbitrator, the arbitrator shall, within two months of the matter being referred to him (or, where he has given notice under paragraph (2) of his decision that it is reasonable to proceed with the agreement, within two months of giving that notice)—

(a) determine the terms on which the agreement should be entered into (which shall be in such form as may be approved by the Secretary of State for the purpose of these Regulations); and

(b) notify the Secretary of State, the local housing authority, the tenant management organisation and the approved person of his determination, setting out those terms in his notification.

(8) Where an authority is notified of a determination under paragraph (7) it shall comply with paragraphs (a) and (b) of regulation 4(12) within two months of being so notified; and, for the purpose of such compliance, the reference in paragraph (a) of that regulation to the terms of the agreement as set out in the approved person’s report and to that report shall be construed as a reference to the terms of the agreement as set out in the determination notified under paragraph (7) of this regulation and to that determination.