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

Break clause in other housing management agreements

19.—(1) This regulation applies to every agreement made under section 27(1) of the Housing Act 1985 between an authority and a manager(1) after the commencement date, where the agreement relates to—

(a) the same houses; and

(b) the same management functions in relation to those houses,

that are the subject of a subsequent TMO agreement.

(2) An agreement to which this regulation applies must contain the terms to the effect that—

(a) that the authority must determine the agreement where it is required to enter into a TMO agreement; and

(b) that on the determination of the agreement, the authority and the manager must make arrangements for the transfer of the management functions from the manager to the TMO, if such arrangements are necessary.

(3) An agreement to which this regulation applies that, when made, does not contain the terms specified in paragraph (2) and (5), shall be treated as if it had always contained those terms.

(4) An authority must determine an agreement to which these regulations apply as soon as reasonably practicable after the date it is required to enter into a TMO agreement under regulation 16.

(5) The authority and the manager must make arrangements in accordance with paragraph (2)(b) within 3 months of the determination of such an agreement.

(1)

“Manager” is defined in section 27(2) of the Housing Act 1985, which was substituted by the Regulatory Reform (Housing Management Agreements) Order 2003 (S.I.2003/940).