Tenant Participation and Consultation Strategy, Policy Reviews New Tenancy Agreement

As part of the work required to implement the new Housing Act 2001, the Association is currently making preparations to review all of its principal policies. One of the key changes initially will be the Tenant Participation and Consultation Strategy.
As part of this process residents are being invited to make comments and suggestions about the proposed policies. This will also be a feature of all future major policy reviews whereby prior to any significant changes residents will have a say.

Progress to date: -
To date the Association has issued two Newsletters (this being the third) in which the issues associated with the new Housing Act are presented for discussion. We have already held two open days - one in the CE Centre and one at the office during the day in the evening and at the weekend to give all residents the opportunity to comment.

The Associations Tenant Participation and Consultation Policy will be amended to meet the requirements of the Act and to adopt the recommendations from the Scottish Executive.

The Current Policy refers to : -
° Encouraging tenants to participate in the management of the housing stock and allow them the opportunity to influence the execution of policies, which affect them directly.
° Encouraging Close Meetings
° Encouraging Area Representatives from Tenants Groups
° Consultation and choice about major repairs and improvements
° Encourage self help to reduce dependency culture
° Information on where and how to complain

Proposed changes: -
The new Act requires that the Association implements specific changes and we propose to amend the policy along the following lines.

We intend to: -
° Make arrangements for obtaining and taking account of the views of registered tenants organisations and tenants on proposals and on the nature and content of such proposals
° Notify tenants on such matters
° Provide information about proposals and the likely effect on tenants of, specifically:-
° Policies in relation to housing management, repairs and maintenance that will significantly affect the tenant
° The standard of service that we intend to provide
° The tenant participation strategy itself
° Any proposals to dispose of stock in the future
° Consider ways of consulting owners and sharing owners
° Consider ways of seeking the opinion of minority groups

Process: -
It is proposed that the process will take the form of some or all of a combination of newsletters, open days, public meetings, leaflets, posters and invitations to comment (direct correspondence) focus groups, information on our Web site and direct e-mailing where possible.

Procedure: -
° The Association will also advise you: -
° How and when the final decision is taken
° How the proposals will affect you
° How you can respond and the timescale involved
° Which staff officers can be contacted regarding proposals
° Information on where and how to complain

Summary: -
The onus is on tenants to respond to the Association's proposals and the Management Committee will receive all responses and these will be considered prior to adopting any new policy. They are not bound to accept any comments. However the Association intends to consider all comments and suggestions no matter how minor.
We intend to amend the Tenant Participation and Consultation Policy as noted above.

If you want to respond you can:-
° Complete the attached tear off slip
° Write in to either Joe McNichol, Housing Services Manager or Patrick Gilbride, Director at the Association?s office
° The committee will discuss, approve and implement the policy in August.

Review of Policies
Following on from the Tenant Participation and Consultation Policy the Association will be reviewing the following policies at this time
° Allocations
° Repairs and Maintenance
° Tenancy Agreements
° Rent Review
° Allocations Policy

The Policy will incorporate all the legal requirements of the Housing Scotland Act 2001 and many of the recommendations of the Scottish Executive following guidance from the Scottish Federation of Housing Associations.

The main changes proposed are: -
° We will specify in the policy that
° We will ensure open and fair access to the housing list and work with others to maximise and simplify access routes into housing
° We will let houses in a way that gives reasonable preference to those in housing need, make best use of available stock and helps to sustain communities.
° We will consult tenants about major changes to the policy
° We will provide information on other landlords and, as far as we can, give information on average waiting times that applicants would expect.
° We will provide guidance on what it means to be placed on the list. The right to be placed on the list does not mean the right to be offered a house. We will make it clear particularly if the applicant has little chance of success, the point of placing on the list.

We will give reasonable preference to people who: -
° Live in houses below tolerable standard
° Are overcrowded
° Have large families
° Live in unsatisfactory living conditions
° Are Homeless
° We will not take into account
° Length of time living in the area.
° Household income.
° Where you presently live.
° We will not ask you to wait for a minimum period before being placed on the list nor will we ask applicants to wait until they are legally divorced or have sold the ex marital home if they are separating.
° We will not require an applicant to be resident in the area before considering their application.
° We will make tenants and housing applicants aware of the policy and any changes proposed.
° Within the policy we will define all jargon, specify areas where we will use any discretionary powers and explain issues such as
° We will specify what we will do if we find out that an applicant was let a house using false information.
° We will publish the Policy in full and in summary and make it available to all tenants and applicants.
° We will seek to provide copies of the policy in Braille large print and in other languages.
° We will work towards implementing a common housing application form and Housing Register along with our colleagues in other housing associations and in the Council.

Repairs and Maintenance: -
We propose to review the Repairs and maintenance Policies to take account of new responsibilities under the Act. The majority of the proposed changes are contained within the new tenancy agreement and will be incorporated into the policy.

These are as follows: -

We will: -
° Define more clearly our repair responsibilities and those of the tenant.
° Define the terms used in the policy
° Specify the agreed definition of
° Specify the quality standards of a property prior to offering it for let.
° Specify the areas where we will charge tenants for damage caused that is not the fault of the Association, including accidental damage.
° Specify the times when we will exercise our right to enter your home e.g. for emergency repairs.
° Specifically keep areas under repair that affect your enjoyment of your home.
° State your Right to Repair and Right to Compensation as outlined within the Act.
° You will be provided with information on our performance and our targets in respect of repairs and maintenance.
° We will provide information on our planned maintenance program and listen to your views on prioritisation of work.
° Scottish Secure Tenancy Agreement
° The new Housing Scotland Act provides for the introduction of a new tenancy agreement. You have already had the benefit of a consultation process on the main points of the proposed changes, almost all of which are amendments that we are legally bound to include.

The main compulsory provisions are: -
° The extension of the Right to Buy
° The Right to Repair
° The Right to Compensation
° New procedures to evict for anti social behaviour
° Changes to the Right to Succeed
° Requirement to notify interested occupants when the landlord intends to take court action
° The Right to be consulted on policies
° The Right to information
° The Right to a Joint Tenancy
° The Right to take in lodgers and sublet (with the Landlords permission)
° The end of compulsory granting by a Sheriff of a decree for three months rent arrears.
° Extension of the landlords right to repossess an abandoned property.
° Right of the Landlord to charge the tenant for storing furniture or damage caused as a result of abandonment.
° The other provisions that are not of a statutory nature are already included in the existing tenancy agreement. These are: -
° The restriction in the keeping of dogs within Association property.
° Use of paraffin or LPG gas appliances within the property.

Rent Review Policy:-
We propose to amend the Rent Review Policy by including a section on the consultation process prior to any decision by the Committee to review the rent charges. It is proposed that the policy will continue as before.

In summary the present Rent Review Policy operates as follows: -
° The rent to be charged takes into account three principles.
° The Viability of the Organisation (i.e. is there enough money coming in to meet our commitments)
° Is the rent comparable with other housing providers in the area?
° Is it affordable for the majority of our tenants?
° Prior to the review in March 28th each year the committee are provided with the following additional information.
° Expected expenditure over the coming year
° The rate of inflation
° Any agreed wage increases
° The consultation with the residents will take place in the November prior to the March Rent Review and the residents will receive information on the proposed rent review and will have the opportunity to comment. Further background information will be available at that time.