The Housing (Right to Manage) Regulations 1994

Proposal notice

2.—(1) Subject to paragraphs (2) and (4), a notice served by a tenant management organisation on a local housing authority complies with this regulation if it contains a proposal that the local housing authority should enter into a management agreement with the tenant management organisation in relation to such of the authority’s houses, including not less than 25 dwelling-houses which at the time the notice is served are let under tenancies, and such other land held by the authority for a related purpose as are identified in the notice and—

(a) none of those houses or that land is outside the area of the tenant management organisation which has served the notice (as specified in the constitution of that organisation in accordance with regulation 1(4)); and

(b) none of those houses or that land is identified in any notice which complies with this regulation and which has previously been served on the authority not withdrawn; and

(c) if any of those houses or that land is already included in a management agreement with a tenant management organisation, all of those houses or that land are so included, and either—

(i) the tenant management organisation which has served the to that agreement; or

(ii) the number of dwelling-houses to which that agreement relates is greater than 2,500.

(2) A local housing authority may decline to accept a notice (a “further notice” served on them by a tenant management organisation proposing a management agreement if further notice contains a similar proposal to the proposal contained in a previous proposal notice which has been withdrawn within the two year period ending on the date on which the further notice is received, and where an authority decline to accept a further notice in accordance with this paragraph that notice shall not be treated as complying with this regulation.

(3) For the purpose of paragraph (2), a further notice contains a proposal contained in a previous proposal notice if at least half it were also identified in the previous proposal notice.

(4) Where paragraph (5) applies, the authority may decline to accept the notice, and where an authority decline to accept a notice in accordance with this paragraph, that notice shall not be treated as complying with this regulation.

(5) This paragraph applies where a local housing authority has, within one month of receiving a notice served on them by a tenant management organisation proposing a management agreement, requested the organisation to demonstrate to the authority that—

(a) before the notice was served, the organisation had used its best endeavours to secure that a copy of the notice was delivered to every dwelling-house to which the notice relates; and

(b) before the notice was served, both a majority of tenants and a majority of secure tenants of the houses to which the notice relates who were at the time members of the organisation and who voted (either in a ballot or poll of all members, or on a resolution put before a properly constituted general meeting of the organisation) voted in favour of a proposal to serve the notice; and

(c) at the time the notice was served, the membership of the organisation included both at least 20% of the tenants and at least 20% of the secure tenants of the houses to which the notice relates;

and the organisation has failed within one month to comply with that request in relation to one or more of the matters described in sub-paragraphs (a) to (c).

(6) An authority shall not be treated as having declined to accept a notice in accordance with paragraphs (2) or (4) unless they have, within the period specified in paragraph (7), informed the tenant management organisation concerned in writing that they have not accepted the notice and of the reason for their decision not to accept the notice.

(7) The period referred to in paragraph (6) is, where paragraph (5) applies, six weeks from the date on which the authority made the request under paragraph (5), and, where paragraph (5) does not apply, one month from the date on which the notice was served.