formal consultation - minisitehq.com · formal consultation on Conwy Borough Council’s offer to...

ddeecciiddee tthhee ffuuttuurree ooff yyoouurr hhoommeedecide the future of your home

formal consultationon Conwy Borough Council’s offer to transfer all its homes to

Tenants will decide the future – use your vote

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A Message from your Tenants’ ForumThe Tenants’ Forum supports the option to transfer the ownership and management ofConwy County Borough Council’s homes to Cartrefi Conwy.

Following a proposal received by the Chair at their meeting on Thursday 28th June 2007, theTenant’s Forum, as the main representative group of Conwy tenants, agreed almostunanimously (one abstention) to take a stance in support of the option of transfer to Cartrefi Conwy.

This decision follows months of consultation, undertaken by Tenant Forum Members, afterconsidering all the issues of the proposal.

Conwy Tenants’ Forum is open for all tenants to attend. For further information about theForum please contact the Tenant Participation Team on freephone 0800 0121 431.

Part A – Summary of the Council's Housing Transfer Proposal and how you can comment on it

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Contents

CONTENTS

Part A: Summary of the Council's Housing Transfer Proposal and how you can comment on it . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Part B: The rent and other charges you would pay . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Part C: Delivering better local services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Part D: Improving and repairing your home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Part E: Services for older people and the sheltered housing service. . . . . . . . . . . . . 47

Part F: Involving you in running the service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Part G: Your Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Part H: About Cartrefi Conwy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Part I: The next steps - The legal requirements for tenant consultation. . . . . . . . . . 71

Part J: Other useful information and independent advice . . . . . . . . . . . . . . . . . . . . . 73

Part K: The proposed tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Summary of the Council's HousingTransfer Proposal and how you cancomment on it60 second summary• A comprehensive summary taking you through the key issues raised in each section

of the Offer Document

• An overview of what transfer would mean for your rents, repairs and improvements,the housing service and your rights

• How you can comment on the Offer Document using the postage paid tear offresponse card in the centre of the document

• The Welsh Assembly Government's requirements to meet the Welsh Housing QualityStandard explained

• The other options the Council has considered for its housing

• Why Cartrefi Conwy would be able to afford to carry out improvements to your home

• What would happen if tenants vote ‘yes’ to the transfer

• What would happen if tenants vote ‘no’ to the transfer

Part A – Summary of the Council's Housing Transfer Proposal and how you can comment on it

If you require this document in another format,for example Braille, large type, audio or

another language please call the Housing Transfer Information freephone on

0800 0121 431

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Part A

Why is the Council asking you toconsider this change?It has always been the Council's aim toprovide good quality, well-managed andwell-maintained homes at an affordable rent.The Council would like to maintain existinglevels of services and if more money wasavailable, provide a better service. However,due to Government financial constraints overrecent years the Council has not had themoney to carry out the repairs andimprovements needed to bring the homes upto the quality that tenants have said theywant. The reasons why the Council doesnot have enough money are explained in thisdocument.

The Welsh Assembly Government requiresall Welsh Councils to bring their homes up tothe WHQS by 2012.

The Council is subject to financialrestrictions imposed by the UK Government.This means that under current UKGovernment Policy, the Council does nothave the money needed to bring homes upto the WHQS.

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Part A Summary of the Council's Housing Transfer Proposal andhow you can comment on it

The Proposal

What change is the Councilproposing?

Conwy County Borough Council (theCouncil) is proposing to transfer theownership and management of all its homesto a new not-for-profit local housingorganisation called Cartrefi ConwyCyfyngedig (Cartrefi Conwy). Over 170Councils in England and Wales havetransferred all or part of their housing stockin this way to date. In Wales, tenants inRhondda Cynon Taf, Monmouth, Bridgend,and Torfaen have all voted in favour oftransfer. Tenants in Merthyr Tydfil, Newport,Blaenau Gwent, Ceredigion and Gwyneddare currently being consulted on transfer.

This document is the formal Offer Documentwhich gives you details of the Council'sproposals, and outlines the promises madeby the Council should the transfer to CartrefiConwy go ahead.

An independent survey has identified thatthe cost of meeting the requirements of theWelsh Housing Quality Standard (WHQS)and carrying out other day-to-day andcatch-up repairs and improvements, whichtenants in Conwy have said they would likeover the next 30 years, is over £237 million

of which £58 million needs to be spent by2012. The Council currently projects that itwould have a shortfall in the first 5 years of£29 million (£33 million when delivery costsand inflation are included).

The Council believes that as things stand,transfer is the only way to improve andmodernise your home to WHQS by 2012.

But it is for you to decide whether thistransfer should go ahead. Transfer will onlyproceed if, after tenants have indicated theirsupport in a secret ballot, a majority of thosevoting vote ‘yes’.

The Council is committed to an open anddetailed consultation process with its secureand introductory tenants, and you have amajor role to play in the consultation.

The Council will consider any commentstenants make on the proposal. There is areply form to help you make commentsaccompanying to this booklet. Please sendyour comments in to reach the Council bythe date set out in the reply form.

The Welsh Assembly Government will onlyagree to the transfer if it is satisfied that amajority of tenants are not opposed to thetransfer. This means that the transfer wouldnot go ahead unless a majority of tenantswho vote in a ballot, vote ‘yes’ for transfer.

What is Cartrefi Conwy?

Cartrefi Conwy is a new, not-for-profitindependent housing organisation based inthe County Borough of Conwy, which theCouncil has helped to set up. If tenants arein favour of transfer, Cartrefi Conwy wouldapply to become a Registered SocialLandlord registered with and regulated bythe Welsh Assembly Government.

Key requirements of the WHQS include:

• homes must be in a good state ofrepair

• homes must be safe and secure

• homes should be well insulated witheconomic and fuel efficient heating

• homes should have modern kitchensand bathrooms

• homes should be well managed

• homes must meet needs of the tenant

• local environments should be safe andattractive places to live

transferFACT

transferFACT

Tenants’ homes must meet theWelsh Housing Quality Standardby 2012

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Part A Part ASummary of the Council's Housing Transfer Proposal andhow you can comment on it

The Council has commissioned a number ofindependent stock condition survey whichshows how much repair work is needed nowand in the future, and how much it will cost.

The surveys identify that £58 million needsto be spent by 2012 to bring all homes up tothe WHQS. The Council estimates that overthat period it would only have £29 millionavailable to it to spend creating a shortfall of£29 million (£33 million when delivery costsand inflation are included).

The Council believes that as things stand,transfer is the only way to improve andmodernise your home to the WHQS by 2012.

Cartrefi Conwy would not have the samefinancial restrictions as the Council andwould be able to access the money toimprove your home and services. If transferdoes not go ahead, the Council wouldremain your landlord but its financial positionmeans that under current UK Governmentpolicy, it would not be able to access themoney required to modernise and improvehomes up to the WHQS.

What else could the Council do?The Council set up a Task and Finish Groupto look at what the Council could do to raisethe necessary investment to fund theimprovements to homes and services. TheGroup consulted with tenants through aseries of meetings, surveys and newslettersand examined the following options:

• Retain its homes and related services:

This would mean the Council would notbe able to improve its homes quicklyenough or maintain its services at thecurrent levels.

• Use the private finance initiative:

This involves entering into a contract witha private company for 30 years, whichwould then carry out the repairs andimprovements needed. However, this isnot supported financially by the WelshAssembly Government.

• Use prudential borrowing:

Prudential borrowing is available wherean organisation can show that it canmake annual revenue savings equivalentto the charges to repay the loan. TheCouncil cannot make sufficient savings inits Housing Revenue Account budgets tomake prudential borrowing possible dueto the large amount of loans required.

• Set up an Arm's Length ManagementOrganisation (ALMO):

In England this option can provideadditional finance. However in Wales,whilst an Arms Length ManagementOrganisation may be set up, there is noadditional funding made available fromthe Welsh Assembly Government.

• Stock transfer:

This means the Council transfers thefreehold ownership of its homes toanother social landlord – either anexisting Registered Social Landlord, or anew one set up especially for thepurpose. The new landlord, free from therestrictions on borrowing which apply tothe Council, can then borrow money toimprove and maintain the homes, andtenants become the tenants of the newlandlord instead of the Council. Unlikethe Council, Cartrefi Conwy would alsobenefit from retaining all its rental income.

The Council looked very carefully at thefindings and recommendations of the Taskand Finish Group and after carefulconsideration, the Council decided thattransfer of the housing stock to a newspecially created social landlord was theonly viable option.

What are the key benefits of transfer?

A full programme of £237 million spent on major repairs, maintenance andimprovements to the homes and estates over 30 years.

If the transfer goes ahead Cartrefi Conwy would spend £58 million by 2012 to ensure that allhomes would meet WHQS:

STAYING WITH

(Council Projections)

Repairs and Improvements

Limited programme work

Total by 2012 = £29m

Total over 30 years = £176m

TRANSFERRING TO

(Planned Spend)

Repairs and Improvements

£237 million programme work

Total by 2012 = £58m

Total over 30 years = £237m

Compare the figures on improvements to your home and environment

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STAYING WITH

Tenancy Management

Existing levels of service would reduce alongwith reduced budgets.

Existing Tenancy Agreements will remain.

TRANSFERRING TO

Tenancy Management

Improve existing services and develop newservices according to tenants’ priorities.

Plan new environmental and safetyimprovement initiatives.

A new tenancy agreement that has beendeveloped with tenants, which protects yourkey rights and entitlements and gives somenew rights.

Compare the differences to your tenancy management

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STAYING WITH

Rents

Rent increases subject to the WelshAssembly Government's policy.

Rents will move towards the Welsh AssemblyGovernment’s benchmark rents, but the levelof increases cannot be guaranteed.

TRANSFERRING TO

Rents

The same Welsh Assembly Governmentpolicies on rent increases apply.

For transferring tenants, a 5 year rentguarantee would be provided where rentswould increase by no more than inflationplus £3 per week where they are currentlybelow the Welsh Assembly Government'sBenchmark Rent or decrease by up toinflation minus £3 per week where they arecurrently above the Welsh AssemblyGovernment's Benchmark Rent until rentsconverge with the Welsh AssemblyGovernment’s Benchmark rent.

At the end of the 5 year rent guaranteeperiod and until rents have converged, thebusiness plan assumes rents would increaseat a similar rate to that which applied duringthe guarantee period.

Once rents have converged increases will bebased on Welsh Assembly Governmentpolicy.

Compare the difference with your rents

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STAYING WITH

Service Charges

Current service charges would increase andnew service charges would be introduced.

TRANSFERRING TO

Service Charges

If you do not pay a service charge now withthe Council, no new service charges wouldbe introduced for services that you receivedbefore transfer, therefore the transfer wouldNOT result in additional charges fortransferring tenants.

Compare the difference on your service charges

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STAYING WITH

Value for Money

The Council is unable to offer you the samecommitment.

TRANSFERRING TO

Value for Money

It's not just what you pay out but what youget for your money. Cartrefi Conwy wouldhave a fully funded 30 year Business Plan. It would be able to guarantee investment inyour home and would have more resourcesto develop services.

Compare the difference on your value for money

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Part A

Rents similar to those charged bythe Council Under the current Welsh AssemblyGovernment's policy, rents for tenants whotransfer should not go up any more than ifthey had stayed with the Council. If transfergoes ahead:

• there would be a 5 year legally bindingrent guarantee which ensures that rentswould not increase by more than inflationplus £3 per week where they are currentlybelow the Welsh Assembly Government'sBenchmark Rent or decrease by up toinflation minus £3 per week where theyare currently above the Welsh AssemblyGovernment's Benchmark Rent until rentsconverge with Welsh AssemblyBenchmark Rents

• after the first 5 years, and once rentshave converged, Cartrefi Conwy'sBusiness Plan assumes that rents wouldonly increase at a similar rate to thatwhich applied during the guaranteeperiod

• once rents have converged current Welsh

Assembly Government policy is that rentswould increase by no more than inflationplus 1%

A fundamental principle of the transferproposals is to ensure that transferringtenants would not be worse off than ifthey stayed with the Council.

Direct involvement of tenants inthe management of CartrefiConwy Tenants would make up one third of theBoard of Management of Cartrefi Conwy. 5elected Tenant Board Members would workwith 5 Independent Board Members and 5Council Nominee Board Members.

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The Council believes that the key benefits ofthe transfer proposal would include:

Improvements and Renewal

Cartrefi Conwy would have an improvementprogramme in excess of £58 million toensure that all homes meet WHQS asinterpreted using tenants’ choice where thisis appropriate. This means that all homesthat need them would have:

• higher quality external doors with moresecure locks

• modern efficient heating systems

• new kitchens

• new bathrooms

• re-roofing

• wall repairs

• better and more efficient thermalinsulation

• double glazing

• environmental improvements (e.g. betterfencing, car parking and play areas)

• action to reduce crime and improvesecurity (such as door entry systems inflats with communal entrances, betterstreet lighting)

• smoke detectors

• security lighting

Wherever possible tenants would be offereda choice of style and colour in improvementworks such as kitchens and bathrooms etc.

Cartrefi Conwy would plan to involve theTenants’ Forum in the planning, letting andperformance monitoring of the workscontracts where possible.

Repairs Service

The Repairs Service refers to day-to-dayrepairs and also cyclical work such aspainting, repairs prior to painting and annualgas servicing. Cartrefi Conwy would not onlyimprove homes to the WHQS but would beable to maintain them to that standard in thefuture.

Cartrefi Conwy would have access to thefunds needed to carry out this work. All ofthe expenditure shown above would beincluded in its business plan. After makingthe improvements, properties would bemaintained by Cartrefi Conwy to this highstandard. In addition, Cartrefi Conwy wouldlook to:

• provide more off-road parking facilities

• introduce a decorating scheme for olderand disabled tenants following thecompletion of improvements or repairs

• introduce a new housing handypersonscheme at cost

• introduce a freephone repairs reportinghelpline

• move to countywide repairs byappointments scheme

Investments to improve security,and crime prevention measures

As well as new security doors and windows,there would be a budget for dealing withanti-social behaviour and crime preventionmeasures.

transferFACT

transferFACT

Rents for tenants who transfer should not go up anymore than if they had stayed withthe Council

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Service Continuity andImprovement You would continue to deal with people youknow. Existing Council employed staff whocurrently provide the Council's HousingManagement and Maintenance Services,including local estate officers, wardens andbuilding maintenance operatives, wouldtransfer to Cartrefi Conwy. They wouldcontinue to provide high quality housingmanagement services with increased tenantinvolvement.

Some of the service improvements thatCartrefi Conwy would offer are:

• freephone repairs reporting hotline

• specialist anti-social Behaviour Team

• full redecoration after improvements tobathrooms and kitchens

• handy person service for small jobs (atcost). e.g. putting up a curtain rail

• At cost gardening and decorating servicefor those who need it

Cartrefi Conwy would also:

• continue to use the existing BuildingMaintenance team that carries out yourrepairs and offer them more opportunityto undertake other improvement works

• consider revised systems to offerimproved repairs completion times

• introduce faster minor adaptations fordisabled and older tenants

• extend the appointment system for allnon-urgent repairs within the first year oftransfer

Improvements to shelteredhousing schemes Cartrefi Conwy would have the means toensure the current warden service continuesto meet the needs of tenants and would lookat investing in:

• improving security by upgrading orinstalling door entry schemes for all flatswhere this is appropriate

• improvements to communal facilities andcommunity rooms including broadbandconnections wherever possible, and

• viability study into providing communallifts to two storey sheltered schemes

Protection of your key rights Your key rights as a Secure Council tenantwould be protected after transfer.Transferring tenants would become "AssuredTenants" with protected rights. Your rightswould be written into a new TenancyAgreement. Details about the new TenancyAgreement, and who would be eligible toreceive one are contained within Part K –The Proposed Tenancy Agreement.

Your Security of Tenure would beprotected under your new AssuredTenancy Agreement as it is now with theCouncil.

Further details can be found in:

Part G – Your Rights

Part K – The Proposed TenancyAgreement

Community/EconomicRegeneration Cartrefi Conwy's investment programmewould add to the community and economicregeneration of Conwy through recruitmentand an increase in training andapprenticeship opportunities, and whereverpossible, sourcing material and goodslocally. This would be a central theme ofCartrefi Conwy to help regenerate the areawith increased local employmentopportunities.

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Accountability

Right of Succession

Right to Buy

Right to carry out Improvements

Right to Compensation for (certain)Improvements

Right to Consultation on majorchanges

Right to Transfer and Exchange

Right to Assign

Right to Manage

Right to Repair

Right to take in Lodgers/Sub-let

Security of Tenure

Right not to have TenancyAgreement altered (except rent andservice charges)

Right to Information

Right to Acquire

Secure Tenants

4

4

4

4

4

4

4

4

4

4

4

4

7

4

7

Assured Tenant

4

4

4

4

4

4

4

4

7 (but see details in Part G)

4

4

4

4

4

4

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Future Investment

Cartrefi Conwy would work with the Councilto promote as soon as possible theopportunity of building new affordablehomes for rent or sale.

About Cartrefi Conwy Cyfyngedig

Cartrefi Conwy is a new, local, not-for-profit,independent housing organisation (aRegistered Social Landlord) which theCouncil has helped to establish. It will bewithin what is often termed as the social orvoluntary sector. As with all RegisteredSocial Landlords in Wales, it would beregistered with and regulated by the WelshAssembly Government. It would beindependent from the Council and you wouldhave a say in the running of Cartrefi Conwy.

A Board of Management made up of 15Board Members would run Cartrefi Conwy.This Board is divided equally betweenTenants, Council Nominees and IndependentBoard Members. Tenants therefore have apowerful voice on the Board of Management.

Existing employees who currently providethe Council's Housing Management andMaintenance Services, and the Wardenservice would transfer to Cartrefi Conwy,so you would continue to deal with peoplethat you know.

What happens to rents if transferdoes not go ahead?

Each year the Welsh Assembly Governmentadvises Councils of the proposed annualrent increase. This is an average figure for allWelsh Councils and is known as theguideline rent increase. The actual rentincrease for each Council can be slightlydifferent as they are able to increase rents bya higher amount.

However, if they do, there will be a penaltywhich in the Council's case would be up to71 pence for every £1 of the additional rentincome. Therefore, the Council's policy in thepast has mostly been to increase rents by

the same amount as the Welsh AssemblyGovernment's guideline.

Service Charges

At present some tenants have to pay aseparate charge known as a service chargein addition to their rent. An example is aservice charge for heating in shelteredaccommodation. These charges wouldcontinue whether or not transfer takes place.

However, if you do not pay a separateservice charge at present for a service youalready receive, you would not do so iftransfer takes place.

No new service charges would beintroduced as a result of transfer for servicesthat you received before transfer. This is toensure that transfer itself does not result inadditional charges for transferring tenants.

New services for which a service chargewould be made would only be introducedafter full consultation with all tenantsaffected. Such a service could only beintroduced if a majority of those tenantsaffected by the introduction of the servicecharge support the introduction of thatservice. Similarly, the withdrawal of aservice would be made only after fullconsultation with all tenants affected.

For more information on rentsand service charges, please referto Part B.

Why would Cartrefi Conwy be in a better financial position than theCouncil?£58 million has been identified as needed to meet the WHQS by 2012.

The table below sets out the main reasons why Cartrefi Conwy can afford to carry out theplans in this document and why the Council cannot.

Borrowing

Income

Rent

Total amount of rentthat the Council getsfrom tenants andhousing benefit overthe year

Other Income

This is from ServiceCharges and otherrents such asgarages

Although there are now fewergovernment rules regardingborrowing, the Council is stilllimited on how much it canafford to borrow and is subjectto Government rules on publicexpenditure.

This is what happens nowwith the Council as Landlord

£11.1 million

£0.9 million

Cartrefi Conwy would be free toborrow money from banks andbuilding societies to meet the £58million estimated cost ofimproving and repairing thehousing so long as the loans canbe repaid from rent income.

A business plan within theguidelines of the Welsh AssemblyGovernment demonstrates thatthis can be financed over a 30year period.

This is what would happen ifCartrefi Conwy was theLandlord

£11.1 million

£0.8 million

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Major RepairsAllowance

This is the grant fromWAG for the Councilto spend on majorworks

Total Income:

Expenditure:

Providing Services

This is what is spenton providing theHousing service

Providing Repairs

This is what is spenton day-to-day andplanned repairs

Housing Debt

This is what theCouncil has to pay for interest andrepayment forexisting loans (usedto finance the buildand repairs to allhomes)

Subsidy

This is a levy that theCouncil has to repayto the WelshAssemblyGovernment eachyear

£2.6 million

£14.6 million

£3.6 million

£3.3 million

£2.0 million

£2.4 million

This equates to 21 pence inevery £1 of rent

£2.6 million

This allowance forms the dowrypayable by WAG to CartrefiConwy

£14.6 million

£4.2 million

£3.1 million

The slight reduction is reflected inthe estimated £58 millionimprovement programme

£0 million

No existing debt charges to pay.This existing debt would bewritten off by HM Treasury if thetransfer goes ahead. CartrefiConwy would be better off by£2.0 million

£0 million

There is no Subsidy to pay.Cartrefi Conwy is better off by£2.4 million

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Contribution to MajorRepairs

This is thecontribution theCouncil makes to itsmajor repairsprogramme

Total Expenditure

Balance

£3.5 million

This includes the £2.6 millionMajor Repairs allowance

£14.8 million

-£0.2 million

£3.5 million

Cartrefi Conwy would spend farmore than this on its majorrepairs programme as part of the£58 million planned investment

£10.8 million

£3.7 million

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Why would Cartrefi Conwy not haveto pay for the homes?Cartrefi Conwy would not have to buy thehomes from the Council. The value of thehomes must be calculated using aGovernment formula that must take accountof:

• the fact that the housing must be keptavailable for rent at affordable levels withtenants keeping their security of tenure

• the likely rents payable by tenants over a30 year period

• the costs of managing and improving thehomes over that period

• the cost of the significant programme ofrepairs and improvements that areplanned by Cartrefi Conwy

• the cost of carrying out the otherpromises set out in this document

This is very different from the value of homessold on the open market with vacantpossession, or to tenants under the Right to Buy.

This calculation produces a negative valuedue to the enormous amount of repair andimprovement work that is required, and thehuge costs involved in carrying out thiswork. This negative value forms the dowrypayable by the Welsh Assembly Government

to Cartrefi Conwy. Without this financialassistance, the transfer could not go ahead.

How would transfer to CartrefiConwy be funded?In relation to the major investment to bemade in the homes, Cartrefi Conwy hasprepared a 30 year business plan thatdemonstrates it would be able to borrow themoney needed from lenders such as banksand building societies. The loans wouldusually be taken out for around 30 years.Cartrefi Conwy would have more money topay back these loans, as it is able to keepand use all of the money it receives fromyour rent on repairing and improving yourhomes and services.

A series of "what if" questions have beeninvestigated to make certain Cartrefi Conwycould adopt strategies and procedures thatwould enable it to withstand variations to thebusiness plan such as increases in interestrates.

What would be the Council'shousing role after transfer? If the transfer goes ahead, the Council wouldno longer be your landlord, but it would:

• be closely involved with Cartrefi Conwyby having 5 Council Nominees on theBoard of Management.

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• monitor the performance of CartrefiConwy to make sure that it carries outthe promises set out in this document.The Council would advise WelshAssembly Government who could takeaction against Cartrefi Conwy if it fails tocarry them out

• continue to identify local housing needsand develop plans to meet them

• keep its legal duty towards the homelessand continue to provide homeless andhousing advice services

• make sure that Cartrefi Conwy continuesto play its part in letting homes to localpeople in need. The Council and CartrefiConwy would enter into an agreementwhich would allow the Council tonominate a high percentage of peoplefrom the housing register into vacantproperties of Cartrefi Conwy

• set the priorities for the distribution of theWelsh Assembly Government's SocialHousing Grant funding for new affordablehousing

• continue to improve the environment onthe estates by working with otheragencies and the police to tackle anti-social behaviour and crime

• continue to process housing and counciltax benefit applications

• continue to play a wider role incontributing to the renewal andregeneration of neighbourhoods in Conwy

• continue to provide other non-housingservices, including refuse collection,environmental health, planning and leisureservices etc

• continue to provide and facilitate aids andadaptations for disabled households toprivate sector tenants and owneroccupiers

• continue to provide a private sectorhousing conditions enforcement role

• continue to support housing renewalareas (private sector housingimprovements)

What would be Conwy’sCouncillors' role after transfer?

You would still be able to ask Councillors toact on your behalf if you have problems withyour housing just as you would now. CartrefiConwy would establish a written protocolwith Councillors which will provide them withdedicated contact points with senior officersof Cartrefi Conwy so Councillors couldcontinue to represent any concerns you mayhave. It would also set out agreedprocesses and response times for dealingwith Councillor issues raised throughcorrespondence, telephone and e-mail.

In addition, the Council would nominate 5Board Members on to the Board of CartrefiConwy. Cartrefi Conwy would also haveregular meetings with Council officers todiscuss maters of mutual interest, futurestrategy and improvement planning.

transferFACT

transferFACT

The Council would monitorCartrefi Conwy to make sure itcarries out its promises

Limited programme of work with only £29 million available for major works, day today repairs and improvements over 5 years.

Will not be able to meet the WHQS evenafter making significant cuts across thehousing service and it is not able to carry outthe extra improvements, including double-glazing, replacement kitchens, bathroomsetc that tenants have said they want.

Would spend as much as it was allowed bythe Welsh Assembly Government, but wouldbe subject to substantial on-going financialrestrictions and reductions.

A major £58 million improvementsprogramme would be undertaken to providetenants with higher quality housing by 2012.

Cartrefi Conwy would ensure that tenants'homes meet the WHQS by 2012.

Cartrefi Conwy would have the certainty ofbeing able to carry out the full programme ofrepairs and improvements needed to homesand the environment (at an estimated cost of £237 million over 30years).

Maintenance and Improvements

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The Council expects that the HousingService budget would need to be cut by£1.4 million each year from 2008. Existinglevels of service would not be maintained.This could mean:

• reduced non-urgent (28 working days)repairs service

• no decorating scheme for older anddisabled tenants

• no repairs appointment scheme

Extra resources would allow Cartrefi Conwyto improve front line housing services andprovide a responsive service on the issuesimportant to tenants.

These improvements could include:

• an enhanced decorating scheme for olderand disabled tenants

• a new housing handyperson scheme(at cost)

Services

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Compare the two options

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• increasing the cost of the tenants'contents insurance scheme

• less adaptations completed

• the anti-social behaviour team beingdisbanded as part of a substantial"across the board" staff/service cuts

• area housing offices being closed

• increasing service charges

• introducing new service charges forservices such as Janitors, Communallighting, Door entry and Fire alarms

• consulting tenants on establishing a costeffective rewards scheme for tenants whokeep to the tenancy conditions

• maintain tenants' contents insurancescheme

• enhanced adaptations service withquicker response times

• a programme of tenancy and propertycheck visits

• a free phone repairs reporting helpline

• an enhanced repairs appointmentsscheme which may include evenings andSaturday morning appointments

• setting up a dedicated housing anti-socialbehaviour team to enable quick andeffective action to be taken on anti-socialbehaviour

• working with the Council to establish aCommunity Fund to develop a new estatebased community warden/ estatecaretaker team

Services

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The same Welsh Assembly Governmentpolicy on rent convergence to thebenchmark rent applies to the Council andto Cartrefi Conwy, which states that by 2012,rents on similar houses in similar areasshould be the same whether you stay withthe Council or transfer to Cartrefi Conwy

The business plan assumes caps on rentcharges where rents would not increase bymore than inflation plus £3 per week wherethey are currently below the Welsh AssemblyGovernment's Benchmark Rent or decreaseby up to inflation minus £3 per week wherethey are currently above the Welsh AssemblyGovernment's Benchmark Rent until theAssembly Government’s benchmark rent isreached. Once benchmark is reached,Cartrefi Conwy would be expected tocomply with the Assembly’s policy on rents

Rents

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No rent promises 5 year rent promise

Rents

CARTREFI

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CARTREFI

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The Council would be unable to offer you thesame level of resources

Cartrefi Conwy would have a Business Planover 30 years to make sure that it would beable to invest in improvements to your homeand repairs and would have more resourcesto develop services

Investment

CARTREFI

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22 23


The Council will consider any commentstenants make on the proposal. There is areply form accompanying this document tohelp you make comments. Please send yourcomments in to reach the Council by thedate set out in the reply form.

The Welsh Assembly Government will onlyagree to the transfer if it is satisfied that amajority of tenants are not opposed to thetransfer. This means that the transfer wouldnot go ahead unless a majority of tenantswho vote in a ballot, vote in favour of theproposal.

Since 2005 the Council has been workingclosely with Conwy’s Tenants’ Forum todevelop this proposal.

Open Communities Ltd, who is theIndependent Tenant Advisor, has beenconsulted about every aspect of theCouncil's proposal and it has acted onbehalf of all tenants to influence the detailscontained in this document.

Where can you go for moreinformation?

There are a number of ways in which youcan get more information. You can:

• call the Council's freephone Helpline on0800 0121 431

• call Open Communities, yourIndependent Tenant Advisor, on theirFreephone Helpline: 0800 953 0465 forWelsh speakers or 0800 073 1051 forEnglish speakers. If no one is in theoffice when you telephone, please leave amessage on the answerphone and youwill be contacted the following workingday

• see Part J for details of more informationsources

Who are Open Communities Limitedand how were they chosen?

Open Communities is the organisation whichhas been providing independent advice andtraining to tenants of the Council. Thedecision to recommend their appointmentwas taken by the Tenants’ Forum. Membersinterviewed several companies and choseOpen Communities because they were ofthe opinion that the company would provideyou with the best independent advice on theproposal for the transfer of the Council'shousing stock.

Together with the Tenants’ Forum, OpenCommunities has helped to prepare thisproposal for your consideration and wereinvolved in looking at the options available tothe Council for the future of its homes.

If you are concerned about any aspect of theproposal and want an independent opinion,you should contact Open Communitieseither by writing to them at: OpenCommunities Ltd, The Foundry, 46 HenryStreet, Liverpool, L1 5BS or by telephoningthem on: freephone 0800 953 0465 for Welshspeakers or 0800 073 1051 for Englishspeakers. Any message left on theanswerphone will be responded to by thenext working day. Open Communities canalso be contacted [email protected].

You will not be charged for this service.

What would happen if tenants voteyes?

If a majority of tenants (who vote in theconfidential ballot in the autumn) are infavour of the transfer, all homes wouldtransfer to Cartrefi Conwy, who would thenstart to carry out the promises set out in thisdocument.

CARTREFI

CONWYCARTREFI

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Such funding is not available to the Council The cost of bringing the homes up to WHQSby 2012 and maintaining them in the future ishigher than the rental income they wouldgenerate, leaving a "negative value".Financial support from the Welsh AssemblyGovernment would be provided to maintainthe financial viability of Cartrefi Conwy. Thiscould be worth up to £78m over the next 30years to Cartrefi Conwy

Welsh Assembly Government Funding

CARTREFI

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What is the timetable forconsultation?Mid September 2007:

• This is the period of formal consultationon this 'Offer Document' (called Stage 1).Council staff would take everyopportunity to meet you to discuss theproposal. There will be meetings fortenants, home visits by staff, and a shortDVD produced by the Council.

Mid October 2007:

• The Council will consider tenants'comments on the transfer proposal. TheCouncil will decide whether this proposalneeds to be altered and whether to goahead with the ballot of all the Council'ssecure and introductory tenants. If theCouncil decides not to go ahead with theballot then the process stops and thetransfer proposal goes no further.

November 2007:

• If the Council decides to go ahead youwould be sent a letter called the Stage 2letter. This would describe what changes,if any, have been made to this proposaland whether the Council has decided toproceed to a ballot. It will also explainyour right to make representations to theWelsh Assembly Government.

• A confidential ballot would be organisedby an independent organisation, ElectoralReform Services. Every secure andintroductory tenant would have a vote;this means that joint tenants would eachhave separate ballot papers. Neither theCouncil nor Cartrefi Conwy would knowwhich way you have voted.

If the ballot result is in favour of transfer (thismeans that a majority of the tenants whovote are in favour) and the Council agrees togo ahead, the Council must then ask theWelsh Assembly Government to give itsconsent before the transfer can take place.The Assembly cannot give consent untilCartrefi Conwy is registered with it. If all thishappens, the actual legal transfer of theownership and management of the housingstock should take place in Summer 2008.

What is your role in thisconsultation?The Council is committed to an open anddetailed consultation process with its secureand introductory tenants, and you have amajor role to play in the consultation.

25

The rent and other charges you would pay60 second summary• Cartrefi Conwy would give you a legally binding 5 year rent guarantee

limiting rent increases

• The benchmark rent for your home would be the same whether you are a tenant ofthe Council or Cartrefi Conwy

• Rents set in line with Welsh Assembly Government's rules designed to create a fairerrent system

• More for your rent money with Cartrefi Conwy

• There would be no hidden service charges and no hidden increases

• Your entitlement to claim Housing and Council Tax Benefit would not be affected by transfer

Part B – The rent and other charges you would pay

24


What would happen if tenants voteno?

If the majority of tenants voting vote no, thenthe transfer does not go ahead and theCouncil remains as your landlord. TheCouncil would deliver as good a service as itcould, but would not have the money andother resources to carry out the sameprogramme of repairs and improvements tobring homes up to WHQS by 2012.

The Council would need to review theavailable options to make best use of thereduced resources which would be available.The Council has looked at a range of otheroptions for the Council's housing, as well asother possible ways of raising the moneyneeded. None of the other options whichare currently available can provide the samelevels of investment in the homes and thehousing service as the proposed housingtransfer.

Independent analysis shows the Councilneeds to spend £58 million on homes toreach the WHQS. Without transfer theCouncil projects it would only have £29million available to spend, leaving a majorshortfall of £29 million. This means that theCouncil would have to make significantsavings as listed below. The Council would

need to look at other possible changes tothe service to operate within the limitsplaced on us with the income we are likely tohave available.

The Council would prefer to be in a positionto carry out the necessary improvements.However the current financial rules meanthat this is impossible.

Turning to specifics, if there is a no vote thenthe Council believes it would face somedifficult choices.

The Council projects it would be around £29million (£33 million when delivery costs andinflation are included) short of being able tomeet the WHQS – and around £24 millionshort if we make significant savings acrossthe housing service which could mean wehave to:

• Make significant reductions to staffingin management, administration, estatemanagement, as well as buildingmaintenance, tenant participation andjanitor services

• Stop carrying out non-urgent repairs

• Introduce more service charges on topof rents

• Close area housing offices

• Sell housing land

• Lose the opportunity to build affordablehomes

• Reduce tenant community facilitiescurrently located on council estates

• Provide no new or improved fencing, carparking or garages to estates

• Increase the waiting list for DisabledFacilities Grants due to lack of resourcesto carry out the adaptations

This is why we believe transfer is the best way forward. This is youropportunity to make up your own mindabout the proposal.

27

Part B

However, if you do not currently pay aseparate service charge for a service you arereceiving now, you would not do so iftransfer to Cartrefi Conwy takes place.

No new service charges would beintroduced as a result of transfer for servicesthat you received before transfer. This is toensure that transfer itself does not result inadditional charges for transferring tenants.

New services for which a service chargewould be made would only be introducedafter full consultation with all tenantsaffected. Such a service could only beintroduced if a majority of those tenantsaffected by the introduction of the servicecharge support the introduction of thatservice. Similarly, the withdrawal of aservice would be made only after fullconsultation with all tenants affected.

What rents would new tenantspay?New tenants are people who are notcurrently secure or introductory tenants ofthe Council, and who move into a home forthe first time after the date of transfer.Cartrefi Conwy would charge all new tenantsthe Welsh Assembly Government'sBenchmark Rent for their home from thestart of their tenancy, plus any servicecharges that are applicable.

It would be Cartrefi Conwy's policy to keepall rents at affordable levels and the WelshAssembly Government which regulates andsupervises all Registered Social Landlords inWales would ensure that it does this.

What would happen to rents iftransfer does not go ahead?Each year, the Welsh Assembly Governmentadvises Councils of the proposed annualrent increase. This is known as the guidelinerent increase. The actual rent increase foreach Council can be slightly different, andthey can increase rents by a higher amount.If Councils do this there is a penalty - whichfor Conwy, would be up to 71 pence for

every £1 of the additional rent income. TheCouncil's policy in the past has mostly beento increase rents by the same amount as theWelsh Assembly Government's guideline.

What methods could you use topay your rent?You would be able to pay your rent in similarways as with the Council. Current methodsof payment include:

• payment at Area Housing Offices

• payment at local post offices – SwipeCard

• payment by post (i.e. cheques)

• payment by direct debit

• standing order

• payment by deduction from salaries,where tenants are also employees ofCartrefi Conwy

Cartrefi Conwy would continue to developnew methods of payment to provide youwith a range of options for paying your rent,e.g. Internet banking, and help tenants whofind it difficult to pay.

Cartrefi Conwy would also provide you withan easy to understand quarterly rentstatement.

What about Housing and CouncilTax Benefit?The transfer would not affect yourentitlement to claim Housing and CouncilTax Benefit or Supporting People Grant.

Benefit applications would still be made toand assessed by the Council. Advice andassistance in completing application formswould be available from the Council andfrom Cartrefi Conwy.

Cartrefi Conwy would work with theCouncil's Benefit Teams to promote theoption of Benefit being paid directly to it inthe same way as it is now with the Counciland provide assistance to tenants to achievethis.

26

Part B The rent and other charges you would pay

Cartrefi Conwy's rent guaranteeYou were sent an individual rent letter in May2007 that guaranteed what your rents wouldbe with Cartrefi Conwy between 2008 and2012. Your rent would either increase by amaximum of £3 per week plus inflation if it iscurrently below the Welsh AssemblyGovernment's Benchmark Rent, or decreaseby a maximum of inflation minus £3 perweek if it is currently above the WelshAssembly Government's Benchmark Rentuntil your rent meets the Benchmark Rent foryour type of property in Conwy.

After the rent guarantee periodAfter the first 5 years and once rents haveconverged, Cartrefi Conwy's Business Planassumes that rents would only increase at asimilar rate to that which applied during theguarantee period, and would be expected tocomply with the Welsh AssemblyGovernment's policy on rent increases.

Once rents have converged, current WelshAssembly Government policy is that rentswould increase by no more than inflationplus 1%.

Cartrefi Conwy can give this guarantee andspend an extra £29 million by 2012 (whichon average is about £7,600 per property)because transfer provides additional financialresources which are not available to theCouncil.

Rent ConvergenceAt the moment Council rents are generallylower than Registered Social Landlord rents.Under the Welsh Assembly Government'scurrent policy, Council rents and RegisteredSocial Landlord rents will become the samefor similar types of properties, whether theymeet the WHQS or not by 2012. To makethis happen, guideline Council rents arebeing increased by the Welsh AssemblyGovernment by more than Registered SocialLandlord rents.

In Conwy, rents for some properties arecurrently above the Benchmark Rent, andsome rents are currently below. Those rentsthat are above must decrease to meet theBenchmark and those rents that are belowmust increase until the Benchmark is reached.

Under current Welsh Assembly Governmentpolicy this process of rent convergence willhappen whatever the result of the ballot.

Tenants’ Rent Cash Back IncentiveSchemeCartrefi Conwy would continue with thecurrent Cash Back incentive scheme offeredby the Council of 1% Cash Back wheretenants have paid their rents promptly andhave not been in arrears over the previousyear. The discount of £10 for StandingOrder or Direct Debit payment would also beretained.

What would happen to servicecharges?Some tenants have to pay a separate chargeknown as a service charge in addition totheir rent. An example of this would beheating in sheltered accommodation. Thesecharges would continue whether or nottransfer takes place.

29

Delivering better local services60 second summary• Cartrefi Conwy would be committed to providing high quality local

services throughout the County Borough of Conwy

• Cartrefi Conwy would improve existing and develop new services. These could include:

- a 24 hour repairs freephone hotline

- consider extending repairs appointments to the early evenings and Saturday morning

- introducing a new housing handyperson service subject to an 'at cost' charge

• Cartrefi Conwy would introduce an annual £771,000 environmental improvementbudget for the next 5 years which would be targeted through consultation with localResidents' Groups and established Area Forums. It would typically be used for:

- the creation of off street parking

- enhanced security measures, improved lighting

- community safety initiatives

Part C – Delivering better local services

28

Part B The rent and other charges you would pay

Supporting PeopleYou may be receiving support services eitherbecause you live in specialist supportedhousing (such as a sheltered scheme) orthrough someone visiting you in your home(floating support). Support services mayinclude general counselling and support inrelation to:

• maintaining the security of your home

• maintaining the safety of your home

• maintaining your home in an appropriatecondition

• contact with others to ensure yourwelfare

• other support services (excludingpersonal care)

If you currently receive support services, andthe transfer goes ahead, the services youreceive would not be affected by thetransfer.

If you pay something towards the cost ofsupport services, this would not change untilthe service charge is next reviewed, thesame as it would be with the Council.

Your ability to receive services, even if youdon’t currently receive them, would beunaffected by the transfer.

What about rent arrears?Like the Council, Cartrefi Conwy believes itis not fair to those tenants who do pay theirrent on time, to allow a minority not to do so.However, some tenants do sometimes havefinancial difficulties through no fault of theirown.

Cartrefi Conwy would make early contact(within two weeks) with any tenants who fallbehind with their rent. It would work with thetenants to find a way for any arrears to becleared or subject to individual cases agreefor the arrears to be paid over a mutuallyagreed time. As a responsible sociallandlord, Cartrefi Conwy would adopt aproactive 'firm, but fair' policy towardstenants’ arrears.

If tenants persistently breach thesearrangements Cartrefi Conwy would takecourt action to end a tenancy. This wouldnormally only occur when a tenant had failedto make an agreement to clear the arrears,or had failed to comply with an agreement topay off the arrears without good reason.

If the transfer goes ahead, any tenant whoowes arrears in rent to the Council wouldthen owe this to Cartrefi Conwy.

Would there be home contentsinsurance scheme?The Council currently acts as an agent for aninsurance company to provide 'low cost'contents insurance for tenants. CartrefiConwy would operate a similar scheme.

What would happen to garages?Where garages are let as part of the housingservice, they would be owned and managedby Cartrefi Conwy. You would pay rent toCartrefi Conwy.

transferFACT

transferFACT

Transfer would not affect your entitlement to claim Housingand Council Tax Benefit orSupporting People Grant

30 31

Part C Part CDelivering better local services

Who would provide the housingservice?Following transfer, employees from thehousing management and repairs andmaintenance sections of the Council,together with related support serviceemployees, would transfer to Cartrefi Conwy.So you would continue to deal with peopleyou know. There would be a limited numberof housing employees who would notbecome employees of Cartrefi Conwy, e.g.housing staff who deal with homelessness,housing advice, private sector housing andstrategic housing work would stay with theCouncil.

Cartrefi Conwy would be committed tomaintaining and improving the existinghousing management services and wouldcontinue with the improvement plans put inplace by the Council. Most importantly,Cartrefi Conwy would continue to providelocally based services within Conwy,ensuring that you have access to advice andassistance on:

• rents (see Part B)

• tenancy management and tenancyconditions including anti-social behaviour(see Part K)

• day to day repairs and improvements toyour home (see Part D)

• sheltered housing and community andlifeline alarm services (see Part E)

How would Cartrefi Conwy improveservices to your homes and estates Cartrefi Conwy would constantly try toimprove its services and would continue toprovide locally based services. It would seekyour views on the quality of the service itprovides. Cartrefi Conwy would:

• ensure all persons undertaking housingrepairs follow a code of conduct toensure high standards of customer care

• involve you in decisions on improvementprogrammes that affect you

• provide training in customer care to allmembers of staff

• identify the officers responsible forservice delivery in each neighbourhoodand area

• robustly enforce tenancy agreementconditions using recognised best practicesuch as the new Respect agenda setdown by the Government

• comply with equal opportunitieslegislation and best practice

• provide tenants with information aboutthe housing service on a regular basise.g. by way of a bi-annual newsletter

• carry out regular 'customer feedbacksurveys' for tenants leaving homes ortransferring to another home owned byCartrefi Conwy

• establish an in-house anti-socialbehaviour team so that quicker actioncan be taken on nuisance and anti-socialbehaviour

• have available a comprehensive set ofleaflets describing all aspects of CartrefiConwy's services

• continue the optional tenants' contentsinsurance scheme

• make it easy to contact Cartrefi Conwy,by phone, email or personal contact sothat enquiries can be dealt with quickly

• ensure that housing staff spend moretime in their communities, includingsenior management

• provide local surgeries on specific estatesand expand these to other keyneighbourhoods

• achieve consistency of services• further improve the way we deal with

tackling nuisance and anti-socialbehaviour

• introduce gardening and decoratingservices at cost to the most vulnerableand older tenants

Cartrefi Conwy would also look to:• introducing a new at cost housing

handyperson service to undertake smalljobs such as putting up curtain rails andshelving

• keeping to and improving upon the WelshAssembly Government's prioritytimescales for the completion of repairwork, and ensuring that all tenants areaware of the timescale

• working closely with you to develop thesort of housing service you want

• looking at introducing new, moreconvenient, ways for tenants to pay theirrent

• producing a new tenant handbook indifferent easy to read formats and audioformat

• looking at introducing an estate basedcountywide warden service. They wouldhave responsibility for communitysupport, caring for the estateenvironment, reducing crime and the fearof crime and deterring anti-socialbehaviour. The team would havepatrolling duties and budgets to removefly tipping and litter

• investigating setting up a cost effectiveenhanced service for the benefit of thosetenants who keep up to date with theirrent payments and maintain othertenancy conditions. This reward schemewould provide additional benefit of beinga tenant of Cartrefi Conwy

32 33


• placing more emphasis on improvingexisting and developing new services

• provide locally-based services and ensurethat you have access to advice andassistance when you need it through allyour existing local area housing offices

In partnership with you, Cartrefi Conwywould regularly review the way in which itdelivers services to make sure it learns fromits mistakes and services continue to be:

• tenant focused

• caring and responsive

• meeting the needs of local communities

• consistent, effective and efficient

• offer good value for money for its tenants

Cartrefi Conwy would aim to improve theday-to-day repairs service by:

• improving response times when youreport a repair

• enabling diagnosis and completion ofadditional repairs on site

• providing a 24hr freephone repairsreporting helpline

• extending repairs appointments to theearly evening of each weekday and onSaturday mornings within 12 months oftransfer

• using the tenant participation process toreview both the repair priority categoriesand the repair target times

• continually review the quality of work andtenants satisfaction

The planned maintenance programme wouldcontinue for works such as servicing gas,solid fuel and electrical appliances, externalpainting, and repairs needed before paintingis done. Cartrefi Conwy would complete anycurrent Council programmes in line withcommitments already given to tenants.

Windows and outside doors are already aconcern amongst tenants. Cartrefi Conwywould review the current state of windows

and doors and would plan to replacewindows and doors as needed.

Would Cartrefi Conwy do anycommunity work?

Yes. Cartrefi Conwy would work closely withresidents and other public bodies like theCouncil, the Local Health Board, the Police,and Voluntary Agencies to help localcommunities tackle problems and improvetheir quality of life. Cartrefi Conwy wouldalso work in partnership with others,including the employment services such asJob Centre Plus, to tackle social exclusionand support neighbourhood renewalinitiatives. Cartrefi Conwy would consult withtenants about the need for extra specialiststaff to try to help tenants improve thequality of life locally for example by tacklingneighbour nuisance or offering advice andassistance with benefit claims.

How would Cartrefi Conwy tacklenuisance and anti-social behaviour?

Anti-social behaviour is a problem thataffects all parts of a community and cannotbe solved by social landlords alone. CartrefiConwy recognises this and would work withtenants, local partners and agencies such asthe Council and the Police in robustpartnerships to tackle anti-social behaviour,resolve local issues and improveneighbourhoods.

This would include:

• dealing with anti-social behaviour in afirm way, aiming to discourage suchbehaviour in the first instance and holdthe victim at the heart of the service

• having policies and procedures in placeto deal with anti-social behaviour,including racial harassment and hatecrime

• robustly enforcing the tenancy agreementto those tenants who breach tenancyconditions

• establishing an anti-social behaviourteam as a skilled and dedicated serviceto deal with anti-social behaviour withinCartrefi Conwy's housing stock

• undertaking regular training forappropriate staff on witness and victimsupport and anti-social behaviour issuesand complaints procedures

• investigating the introduction of an annualcourtesy visit by appropriate staff to alltenants

• using all relevant legal remedies availableas appropriate

• providing support to complainants andwitnesses

• dealing with domestic violence inconjunction with the Police and otherpartners

• charging those tenants responsible forany work Cartrefi Conwy has to carry outas a consequence of anti-socialbehaviour

• working towards adopting proven bestpractice procedures, such as theGovernment's new Respect agendaacross housing stock

The following measures would continue tobe used to help prevent anti-social behaviouroccurring:

• working with tenants, local partners, thepolice, and the Council to developCartrefi Conwy's policy and informationon anti-social behaviour

• issuing a clear tenancy agreement andenforcing its conditions

• providing information on responsibilitiesof all tenants

• issuing all new tenants with aprobationary tenancy and carrying outfollow-up visits to new tenants at the endof the probationary period prior to issuingan assured tenancy

• having systems in place for rehabilitationof perpetrators and support for vulnerablegroups, such as tenancy support

• using opportunities to prevent and designout crime on all new environmental anddevelopment projects

• improving lighting and security aroundsheltered schemes and other land ownedby Cartrefi Conwy where this isinadequate

Cartrefi Conwy's proposed tenancyagreement includes clauses to deal withanti-social behaviour and nuisance, andthese would be enforced. (See Part K for details).

Cartrefi Conwy would consider all availableoptions to ensure that tenants keep to theirtenancy agreement. These may include:Mediation, Anti-Social Behaviour Orders,Possession Orders, Injunctions, Evictions,Demotion Tenancies and AcceptableBehaviour Contracts.

transferFACT

transferFACT

Cartrefi Conwy would work with tenants, local agencies, theCouncil and the Police to tackleanti-social behaviour

34 35


Maintaining the environment

Cartrefi Conwy recognises that investing inthe buildings where tenants live is notenough on its own. Both Cartrefi Conwy andtenants would want homes to be in anenvironment that they can all be proud of. Toachieve this, Cartrefi Conwy plans to:

• introduce a localised annualenvironmental improvement budget of£771,000 for the next 5 years whichwould be targeted and monitored by AreaForums of local residents, overseen by apartnership panel of Tenants’ Forummembers and staff. The budget couldpay for individual projects such asfencing, street lighting, parkingimprovements or for play equipment foryoung people

• improve the local environment byimproving grass cutting and groundmaintenance standards on its land andhaving regular monitored inspections bytenants and Cartrefi Conwy staff

What would happen to the shelteredhousing service?

Cartrefi Conwy would plan to:

• ensure that older people could stay intheir home in sheltered housing if theybecome infirm and obtain the supportthey need, rather than move

• continue to provide sheltered housing forolder people supported by Wardens,including the role of co-ordinating socialactivities and contacting family. It wouldaim to provide such services to the samestandard as with the Council and wouldaim to improve them where possible, sothat they continue to meet the needs ofolder people

• provide Wardens to visit all tenants ofsheltered schemes daily, where possibleand when specifically requested

• continue to provide any existingamenities and services, such as laundryand common rooms, cleaning ofcommunal areas, window cleaning andmaintenance of the grounds in shelteredschemes, subject to a service charge

• provide a simple handbook for tenants ofsheltered schemes to advise what servicethey would receive from Wardensincluding contact numbers

What would happen to theemergency alarm service?

Cartrefi Conwy would continue to ensureaccess to an emergency alarm service,providing peace of mind to many older anddisabled tenants, 24 hours a day, throughoutthe year. This is the same service as iscurrently provided by the Council.

Would Cartrefi Conwy carry outadaptations to homes to helpdisabled people?

Yes. Cartrefi Conwy would work closely withthe Council to make sure that adaptationsneeded to allow tenants to enjoy full use oftheir homes are assessed and carried outpromptly. Cartrefi Conwy would set asidemoney for adaptations, in addition to thework costs identified to meet WHQS, and inline with the Council's current policy that hasapplied for a number of years.

Cartrefi Conwy would plan to:

• continue to employ an in-house specialistteam for adaptations

• speed up adaptations

• maintain a database of property that hasadaptations to best match future tenantsneeds

• establish a protocol with tenants forcarrying out the work

• have a budget for carrying out smalladaptations quickly, e.g. grab rails

• assist the Tenants’ Forum to monitorperformance

Would I be able to complain to, orabout, Cartrefi Conwy?

Cartrefi Conwy recognises that complaintsfrom tenants can be a valuable source offeedback on service delivery. Cartrefi Conwywould have a Customer Care andComplaints Policy and an officer responsiblefor ensuring that any comments andcomplaints are replied to and dealt with.

The policy would include a step-by-stepprocedure for those wishing to complainwhich would be developed in consultationwith tenants before any transfer. If CartrefiConwy could not settle your complaintinformally, you would be able to make acomplaint through its published complaintsprocedure.

Cartrefi Conwy would have to become amember of the Public Services Ombudsmanfor Wales scheme. If you were still unhappyafter going through the complaintsprocedure, you would be able to contact thePublic Services Ombudsman for Wales. Thisis the same body as tenants with complaintsabout the Council would contact now.Cartrefi Conwy would be expected tocomply with any recommendation made bythe Public Services Ombudsman for Walesafter investigating your complaint.

You would also be able to contact one ofyour local Councillors, your AM or your localMP, in the same way as you can now.

Who regulates Cartrefi Conwy?

The Welsh Assembly Government regulatesall Registered Social Landlords in Wales.Housing Transfers can only take place to anapproved Registered Social Landlordregulated by the Assembly. So, CartrefiConwy must register with the WelshAssembly Government before a transfer cantake place.

37

Improving and repairing your home60 second summary• £58 million planned to be invested in your homes and environment

in the first five years if transfer goes ahead

• Homes would benefit from work including, for example, new external security doors,new kitchens and bathrooms

• Where ever possible tenants would be offered a choice of colours and styles for theinternal improvements to their homes

• The Tenants’ Forum would be involved in the planning and performance monitoring ofthe works programmes. Each tenant would be consulted on the timing etc of theworks to their home

• Budget of £775,000 for disabled adaptations to clear any backlog for the first twoyears, after transfer, (then reducing to a £400,000 base level) in addition to the £58million planned investment

• Provide a 24 hour emergency service 365 days a year

• Offer timed appointments for all non-emergency repairs

Part D – Improving and repairing your home

36

Part C Summary of the Council's Housing Transfer Proposal andhow you can comment on it

In particular, the Welsh AssemblyGovernment:

• sets rules and standards which allRegistered Social Landlord's in Walesmust follow. These standards are set toensure that tenants' key rights areprotected, services are of a high qualityand that financial management is sound

• would monitor the performance of CartrefiConwy, as it does with all RegisteredSocial Landlords in Wales, to ensurethese standards are met. If standards arenot met, then the Welsh AssemblyGovernment has wide powers to step inand take action

Would the Council have any controlover the performance of CartrefiConwy?

Before the transfer takes place CartrefiConwy would be required to enter into aformal and legally binding contract with theCouncil. This agreement would allow theCouncil to enforce the promises made in thisdocument. If necessary, the Council coulddo this by taking legal action against CartrefiConwy. In addition, the Council would haveto be consulted and give written approval ifCartrefi Conwy wished to amend keyprovisions in its Rules.

Equal opportunities

Cartrefi Conwy would do its best to provideaccess to information and services in a waythat most suits your needs.

For people with disabilities or for whomWelsh or English is not a first language, wewould try to provide extra help, such as:

• making any published material availablein appropriate formats e.g. audio, indifferent languages, Braille or in largeprint

• offering to provide an interpreter foranyone who needs it

• providing a British Sign Language (BSL)interpreter if necessary

Cartrefi Conwy would adopt an EqualOpportunities Policy. This would be used toensure equality in the delivery of servicesand equality of access and opportunity inemployment.

transferFACT

transferFACT

The Welsh Assembly Government would monitorCartrefi Conwy to ensure itsstandards are met

39

Part D

The following table illustrates the number ofimprovements that Cartrefi Conwy wouldplan to carry out by 2012, in comparison tothe number of improvements the Councilcurrently projects it would be able to carryout if it retains ownerships of the homes.

For example, Cartrefi Conwy's business planprovides for 2,100 homes to benefit fromnew modern kitchens. With the Council thiswould, at best, be 500.

The results are based on the Independent Stock Condition Surveys.

38

Part D Improving and repairing your home

Why are repairs and improvementsneeded?

In 2002, the Welsh Assembly Governmentintroduced the WHQS which it requires allCouncil and Registered Social Landlordhomes in Wales to be brought up to by2012. As well as works to the propertiesthemselves, tenants are also concernedabout the condition of and security in theirlocal communities.

Cartrefi Conwy would be able to make theimprovements to your homes and localcommunities that tenant surveys and tenantrepresentatives consistently tell us are apriority.

How do we know what work isneeded?

The Council knows that many of its homesare in need of modernisation andimprovement. It has had independent StockCondition Surveys carried out which showshow much repair work is needed now, and inthe future and how much it will cost.

What do the independent stocksurveys show?

The results of the independent and detailedsurveys show that a total of £237 millionneeds to be spent on your homes over thenext 30 years. £58 million needs to be spentbetween transfer taking place and 2012 in

order to reach the WHQS. This includes thecost for day-to-day repairs and plannedreplacements.

The Council currently projects it would onlyhave £29 million available to spend onmodernisation, improvement works and dayto day repairs in the next 5 years. Incontrast, Cartrefi Conwy plans to spend £58million on modernisation, improvementworks and day to day repairs by 2012, and afurther £179 million for day-to-day andperiodic repairs and replacements isprovided for in its business plan over a 30year period.

When would Cartrefi Conwyundertake the repairs andimprovements?

Cartrefi Conwy would plan to undertake therepairs, maintenance and improvements asidentified in the Stock Condition Survey tomeet the WHQS by 2012.

What works would be included forthe £58 million?

As you can imagine the list is extensive. It would include where appropriate:

• new modern kitchens and bathrooms

• new external security doors

• energy efficient central heating systemswith a package of energy efficiencymeasures such as roof insulation to helpkeep fuel bills down

New Modern Kitchens

New ModernBathrooms

Overhead Showers

New Windows

New Boilers

New HeatingSystems

New Doors

Rewiring

New Roofs

Rendering

Improved Communalareas

Improved Fencing

Improved Boundarywalls

Improved Paths

Type ofImprovement

500

500

0

400

1,000

1,000

1,400

1,500

200

100

0

0

0

0

2,100

2,050

2,050

1,150

1,500

1,500

2,200

2,000

400

200

400

500

300

300

Number of homes where workwould be planned to be carried

out by 2012

Number of homes where workwould be planned to be carried

out by 2012

CARTREFI

CONWY

40 41

Part D Part DImproving and repairing your home

How would Cartrefi Conwy ensurethat repairs and improvements arecompleted on time?

To successfully achieve its targets CartrefiConwy would undertake detailed and carefulplanning with the aim of having a continuousrolling programme of repairs andimprovement work in each area.

Wherever possible, items of work would bepackaged together for greatest efficiencyand least disruption to tenants e.g. kitchenand bathroom refurbishment could becarried out together and new central heatingand domestic plumbing systems installed.

After 2012, Cartrefi Conwy would have along term investment plan to ensure thatproperty conditions would be maintained inthe future in accordance with the WHQS.

What about the quality of repairs?

Cartrefi Conwy would monitor itsperformance on the range of services itprovides. It would compare its performancewith its own targets, as well as with theWelsh Assembly Government's RegulatoryCode for Registered Social Landlords. Itwould seek to raise these standards byconducting regular performance reviews andmonitoring by the Board of Management andvarious tenant consultative forumsthroughout the year. Each year, tenantswould receive information on how wellCartrefi Conwy is doing in meeting thesestandards.

If things were to go wrong, or you feltservices had fallen below expectedstandards, a simple and clear complaintsprocedure would be available.

Improvements to sheltered housingschemes

As well as the major investment outlinedabove, Cartrefi Conwy would pay particularattention to the investment needs of homesand community rooms in sheltered housingschemes.

This is in recognition that each of theseschemes have different needs although theyshare common issues such as security andease of access.

Cartrefi Conwy would be committed to aprogramme of further consultation withresidents in each scheme prior to developingdetailed proposals. Subject to consultation,Cartrefi Conwy would aim to provide:

• new or upgraded door entry systems foradditional security as needed

• a programme of security and insulationwork

• regular re-decoration and upgrading ofcommunal areas and facilities, includingwhere possible broadband connections


• a landscaped external environment thatwould be maintained and improved withgreater emphasis on quality of plantsused

See Part E for further information.

Adaptations for the Disabled andOlder Persons

Cartrefi Conwy would continue the schemeof provision of disabled adaptations andfacilities operated by the Council. In the firsttwo years after transfer it would plan tospend £775,000 in each year to clearbacklogs and then have an annual budget of£400,000.

When would the works programmestart?

If tenants vote ‘yes’ in the ballot, theprogramme of work to meet the WHQSwould start at the point of transfer. On thecurrent timetable this is scheduled to takeplace in the Summer of 2008.

Would non-traditional homes beincluded in the worksprogramme?Yes. The cost of improving and maintainingnon-traditional built homes, for examplehomes on the Peulwys estate, has beenincluded in the business plan.

Would there be choices in theworks to be done?Wherever possible Cartrefi Conwy wouldoffer choices of colours and styles so thattenants may select that which best matchesthe décor and style of their homes. Thiswould certainly apply, for example, tokitchens and bathrooms.

Will tenants be involved inplanning the works?Yes. Via the Tenants’ Forum - See Part F

Would tenants be consultedabout the works?Yes. Each tenant would be fully consulted

about all of the proposed modernisation andimprovement programmes to their homebefore work is carried out. If there were a‘yes’ vote, it would take some months tocomplete the actual transfer, and during thisperiod Cartrefi Conwy would consult withtenants and establish detailed requirements.

The details of the improvement programmesare yet to be worked out, but Cartrefi Conwywould be aiming for a fair distribution ofwork for all areas and tenants.

Do you have to have the workdone?If there are health and safety or weatherprotection issues involved, works would bedone. In other circumstances you may beable to refuse. Tenants who have carried outtheir own improvements would not have tohave work carried out on their homeprovided that these works have beenapproved and completed competently andsafely.

43

Part D

• introduce a 24 hour freephone repairsreporting helpline

• offer timed appointments through a newappointments system for all non-emergency repairs

• carry out normal repairs until earlyevenings on weekdays and work towardsproviding repairs on Saturday morningsso as to be able to offer convenientappointments for working tenants

• provide a 24 hour emergency service 365days a year

• be committed to ensuring that the in-house workforce maintains a central rolein providing the day-to-day repairsservice and planned maintenance service

Would Cartrefi Conwy maintain yourhomes properly in the future?

Yes. One of the aims of the transfer proposalis to make sure that the homes are properlymaintained and that there is enough moneyin the future to maintain the homes to theWHQS as identified through the StockCondition Survey, for the foreseeable future.

Cartrefi Conwy would have a programme ofplanned replacements and would have themoney needed to make sure that items inyour homes, for example, central heatingboilers and windows were replaced whenthey had reached the end of their useful life.

Planned maintenance

Programmes of planned maintenance workswould be carried out to help ensure yourhome is well maintained through acommitment to:

• service all gas, solid fuel and electricalheating appliances each year through anappointments system in line with itsstatutory obligations

• decorate internal communal areas insheltered schemes and blocks of flats

• maintain communal lifts, fire and smokealarms, fire safety equipment andemergency lighting; inspect water storagevessels with respect to legionella bacteriaand carrying out fire safety inspections tocommunal buildings

• maintain appropriate 'open spaces' onestates and ensure that trees and shrubsare trimmed as necessary and offerreplanting when considered beneficial

• implement an annual programme forexternal painting

Would Cartrefi Conwy support localemployment and training initiatives?

As a major investor in the County Borough ofConwy, Cartrefi Conwy would aim to:

• use the major planned repairs work toprovide employment opportunitiesthrough local labour agreements

• promote apprentice schemes across therepair service

• provide training with recognisedqualifications to promote a multi-skilledworkforce

• extend training opportunities by workingin partnership with existing local trainingproviders

• work with suppliers and contractors toprovide local employment and trainingopportunities including ‘Build for Life’type initiatives

transferFACT

transferFACT

There would be no extracharge for the budgetedimprovement programmespromised in this document

42

Part D Improving and repairing your home

Would there be a rent increase forimprovement works?

No. There would be no extra charge for thebudgeted improvement programmes aspromised here (over and above the annualrent increases explained in Part B).

What happens if you have to moveout while works are carried out?

Cartrefi Conwy would not expect thattenants would have to move out whilstimprovement works are carried out.However, where major works were beingcarried out, Cartrefi Conwy would provide allthe necessary support which may includemoving you out on a temporary basis whilstthe work is done. Cartrefi Conwy would paythe appropriate disturbance costs for you,e.g. removal costs, disconnection/reconnection fees for gas, water, electricity,telephones and a weekly compensationallowance.

Would you have the right to do yourown improvements?

Yes. As with the Council, you would still beable to improve your home provided youreceive Cartrefi Conwy's permission inadvance and any planning or other consentyou may need. If you do improve your homethis would not affect the level of rent you payand you may be entitled to compensation forcertain works if you end your tenancy.

Would there be demolition?

Cartrefi Conwy has no plans for demolition.Demolition is a last resort for propertieswhich are deemed to be uneconomical to berepaired. If Cartrefi Conwy considered thatdemolition was the best option for someproperties then there would be fullconsultation with those people affected.

How would tenants report day today repairs?

You would be able to report a repair toCartrefi Conwy in the same way as you canreport a repair now. This is:

• using the special freephone repairs hot line

• by letter or in person at area housingoffices

• via the out-of-hours emergency call outservice

• by phone, email and internet to therepairs contact centre

• by fax

How quickly would day to dayrepairs be done?

At transfer Cartrefi Conwy would adopt theCouncil's existing repair timescales andwould look to improve them.

If transfer goes ahead, Cartrefi Conwy wouldplan to:

• complete repairs more quickly and to dothe repairs the first time to the tenant'ssatisfaction. For example, the emergencyrepairs target would be to be respondedto within 2 hours and made safe within 4hours compared with the current 6 hourresponse of the Council service

• introduce a housing handyperson'sscheme to undertake small jobs subjectto an at cost charge e.g. putting upshelves

45

Part E

Continuing services for olderpeopleA transfer to Cartrefi Conwy would bringmuch needed investment to all aspects ofthe housing service. One area of particularimportance is the provision of modernfacilities and services for older tenants, sothat they can enjoy their independence intheir own home or, for those who wish, insheltered accommodation.

Over 41% of the Council's tenants are olderpeople. Nearly 1,150 of the Council's homesare reserved for older people. Many otherhomes are occupied by older people. SoCartrefi Conwy recognises how important itis to develop a wider range of services forolder tenants.

If the transfer goes ahead, Cartrefi Conwywould continue to provide housing servicesfor older people currently provided by theCouncil. This would include:

• providing dedicated manager for all of thesheltered housing schemes. Daily contactwith sheltered scheme residents wouldtherefore be maintained

• continuing the existing Warden Service totenants in older people's accommodationand to assist with providing staffing coverat sheltered schemes

• continuing to provide the reassurance ofthe centrally controlled 24 hourmonitoring service for all shelteredhousing tenants

• continuing to ensure access to our 24hour emergency alarm service for thosewho do not live in Shelteredaccommodation

• continuing to provide concessionary TVlicences as long as current regulationspermit

Sheltered housing wardens are currentlyemployed by the Council. If the transfer goesahead, these staff would automaticallytransfer to Cartrefi Conwy, so you would stillmeet and deal with the people you know.

Cartrefi Conwy would work with the SocialServices department of the Council andhealth professionals to help ensure theprovision of care to those tenants who need it.

44

Services for older people and thesheltered housing service 60 second summary• Cartrefi Conwy would continue to provide the housing services for older

people currently provided by the Council

• Cartrefi Conwy would provide a dedicated manager for all of the sheltered housingschemes

• Sheltered Wardens and Mobile Wardens would transfer to Cartrefi Conwy

• Cartrefi Conwy would introduce an improved older and disabled persons decoratingscheme following the completion of improvement works

• Cartrefi Conwy would provide scooter storage and charging facilities in shelteredhousing schemes where practical and viable

• A range of security measures would be delivered where appropriate, includingsecurity lighting, improved fencing and door entry systems

• Cartrefi Conwy would provide a garden and redecoration service at cost

Part E – Services for older people and the sheltered housing service

46 47

Part E Part EServices for older people and the sheltered housing service

What service improvements wouldthere be for older people?

Cartrefi Conwy would introduce a range ofservices for older and disabled tenants. Ifyou are older or disabled, you would benefitfrom these services whether or not you livein sheltered housing. These improvementswould include where appropriate:

• decorating services – Cartrefi Conwywould introduce an older and disabledtenant’s decorating scheme subject to anat cost charge

• bathroom replacement programmes -tenants would be given a choice of areplacement bath or shower, whenbathroom replacement programmes arecarried out

• disabled adaptations – disabled tenantswho receive home improvements orpractical adaptations to help them remainin their homes longer would be fullyconsulted with regards to their needs.Adaptations such as ramped access andhand rails would be provided, where it isappropriate and practical

• security measures – a number of securitymeasures and community safetyimprovements could be delivered whereappropriate. These could include securitylighting, better fencing, door entrysystems, spy holes, window locks andthe installation of CCTV wherepracticable. Cartrefi Conwy would alsowork closely with other agencies such asthe Police, Victim Support and healthprofessionals to ensure a co-ordinatedand effective approach to communitysafety for all its tenants

• handyperson, gardening and windowcleaning services - many older andvulnerable tenants, in particular, have toldus that they would like help with smalljobs around the home and help in theirgarden. In response to this, CartrefiConwy would set up handyperson

gardening and window cleaning servicesthat would be charged at cost

What service improvements wouldthere be specifically for shelteredhousing tenants?

The Council has always seen shelteredhousing as a very important service for olderand vulnerable people and would ensure thatCartrefi Conwy not only maintains existingservices but seeks to improve them with newinvestment. These improvements wouldenable older people to stay in their ownhomes for as long as possible.

When improvements are carried out tosheltered housing schemes Cartrefi Conwywould seek sheltered tenants' views on thelevel and type of improvements required.Every tenant's situation would be consideredand improvements designed to meetindividual needs where appropriate. If it isnot convenient to carry out work, forexample if you are ill, Cartrefi Conwy wouldtry to reach an arrangement with you thatmeets your needs at the time.

Improvement works would be tailored tomeet the needs of each sheltered schemeand are likely to include:

• upgrading existing communal TV aerialsystems to comply with moderntechnology including digital services

• a programme of improvements to providemodern communal facilities and well lit,decorated and carpeted lounges andcorridors

• provide broadband connections wherepossible to all communal facilities


• replacement of outdated electric heatingand hot water systems, where required

• improve the grounds maintenanceprogramme to improve the overallappearance of communal gardens

What would happen toSupporting People Grant?The Welsh Assembly Government has saidthat all social landlords (Councils andRegistered Social Landlords) must identifythe cost of providing care and support totenants, such as those living in shelteredaccommodation. Since April 2003, thesecosts have been met out of what is knownas the 'Supporting People Grant'. As withHousing Benefit, there is a means test to seehow much of the cost the tenant would haveto pay, if anything. These rules apply toCartrefi Conwy and the Council. They wouldnot change as a result of transfer. Howeveras with the Council, Cartrefi Conwy wouldhave to react to future Government policy inrelation to Supporting People Grantavailability.

transferFACT

transferFACT

Sheltered housingwardens would automaticallytransfer to Cartrefi Conwy so youwould still the people you know

49

Part F

Support for tenant participationCartrefi Conwy believes that tenantinvolvement is an important and integral partof high quality service delivery. CartrefiConwy would ensure that all tenants have asay in the running of the organisation. Thiswould include:

• 5 of the 15 places on the Board would befilled by tenants

• all tenants can apply to becomemembers of Cartrefi Conwy with votingrights at general and Annual GeneralMeetings (AGM)

• the Rules of Cartrefi Conwy will give localcommunities the right, subject to certainprovisos, to take on the management ofhomes in their area

Cartrefi Conwy would enhance tenantparticipation in all aspects of the service. Itspolicy would be to take decisions at a locallevel, involving local people whereverappropriate.

Cartrefi Conwy's Business Plan includes abudget for tenant involvement, to ensure thatsupport and training can be provided forthose groups and individuals that need it.The exact details of how this would beallocated would be developed by CartrefiConwy and would be subject to consultationwith tenants. As with the Council, therewould be a dedicated officer to supportgroups and encourage new groups to form,and Cartrefi Conwy aims to increase thelevel of staff support if possible.

Cartrefi Conwy would provide learning andtraining opportunities to ensure that everytenant has the opportunity to become fullyinvolved, and provide help with personalcircumstances so that barriers to gettinginvolved are removed. It would be up to youto decide how much involvement you want,but Cartrefi Conwy would make sure thatyou get the opportunity to reach the level ofinvolvement that suits you, from setting up atenants' group to becoming a BoardMember. There would be an emphasis on

community development involving all sectorsof communities, particularly young people.

What would tenant involvementmean to Cartrefi Conwy?Cartrefi Conwy sees tenants at the heart ofits housing service. It would ensure that itlistens to tenants, regularly asks their viewsand responds to them in a way that showsthey are influencing the service. Whilst therewould be specialist staff for tenantinvolvement it would be the role of all staffmembers to be accessible to tenants andinvolve them in their work. Cartrefi Conwythinks this ‘Open Door ‘policy is fundamentalto providing an efficient, accessible,responsive and friendly housing service thatmeets the needs of tenants.

Cartrefi Conwy would also want to deliver apro-active housing service which allows localpeople, to make local decisions on issuesthat effect their homes and communities. Allstaff would be provided with training andsupport to ensure the housing service theyprovide is tenant focused.

Having listened to tenants, Cartrefi Conwywould want to:

• involve tenants in developing andapproving policies

• work with tenants to ensure it provides ahigh quality, and accountable service

• have a friendly service that values andcares about you, the customer

• apologise if things go wrong and do itsbest to put things right

transferFACT

transferFACT

Cartrefi Conwy would ensure all tenants have a say inthe running of the organisation

48

Involving you in running the service60 second summary• Involving tenants in its work to ensure a high quality,

accountable service

• Tenants to get involved with the management of their homes at the level they choose.

• Tenants to be encouraged to influence housing services provided to their home, theircommunities and in every other aspect of the service

• Substantial additional funding for additional staff and resources to support tenants

• The provision of a Community Chest of £50,000 per year for the first 5 years tocatalyse community developments and improvements

Part F – Involving you in running the service

51

Part F

Cartrefi Conwy would be committed to workwith tenants to develop ways of measuringand monitoring tenants satisfaction withservices, for example through questionnairesand exit surveys, the results of which wouldbe published together with what CartrefiConwy intends to do in response.

What would be the TenantInvolvement Structure for CartrefiConwy?Conwy Tenants’ Forum

Cartrefi Conwy would provide ConwyTenants’ Forum with its own managementbudget. The Forum, which is open to alltenants, would have a fundamental role inacting as the main consultative group fordeveloping policy, monitoring the housingservice and designing and developing theimprovement programme.

The Tenants' Forum would explore differentways of measuring tenants’ satisfaction.

Area Forums

Cartrefi Conwy believes it is important totake decisions at a local level. To achievethis it would establish and support a numberof Area Forums. The Area Forums would beopen to individual tenants andrepresentatives from Tenants’ and Residents’Groups. The Area Forums would besupported by staff from Cartrefi Conwy andwould be able to:

• monitor the way the housing service isprovided at a local level

• be able to plan environmentalimprovements for the area

• invite other providers to work together tomake changes to their neighbourhoods

• receive information to monitor theimprovement work to homes and estatesat a local level

• make bids to Cartrefi Conwy’sCommunity Chest for funding to helplocal community initiatives

• develop local Area Action Plans

Local Tenants' and Residents'Groups

Cartrefi Conwy recognises the importance oflocal Tenants’ and Residents’ Groups indeveloping and improving their owncommunities. Cartrefi Conwy would workclosely with Groups to make sure that theyare consulted on issues that affect them andreceive feedback on the outcomes. CartrefiConwy would continue to support Groupswith resources to empower them to managetheir own local projects. A Community Chestof £50,000 per year for the first 5 yearswould be allocated for tenants to help withlocal community initiatives. Cartrefi Conwywould continue to support Groups withpermanent meeting facilities when possible.

Conwy Tenants’ Sounding Board

For tenants who want to let Cartrefi Conwyknow what they think about a particularproposal, the Tenants’ Sounding Boardwould be for you. Not necessarily attendinga meeting you could let your views beknown by telephone, post, Email or text.

Can leaseholders get involved?

Yes. Cartrefi Conwy would consult withleaseholders about how they would like tolet their views be known in the future.

Tenants Involvement Strategy

Cartrefi Conwy would review the Tenants’Compact, and develop a Tenant InvolvementStrategy drawn up with tenants in line withcurrent Welsh Assembly Guidance. Thiswould include the way that tenants could bedirectly involved with the management oftheir homes on a local level.

50

Part F Involving you in running the service

How would tenants be able to getinvolved and influence CartrefiConwy?

Tenants would be able to get involved asmuch as they want. This would include:

• having regular newsletters

• taking part in customer satisfactionsurveys for improvement and repair work

• responding to annual tenants satisfactionsurveys

• attending the Annual Tenants’ Conference

• forming or joining a Tenants’ orResidents’ Group

• working with Tenants’ or Residents’Groups to become more involved in themanagement of their homes and estates

• attending an ‘Area Forum’ to talk aboutlocal housing and community issues

• joining our ‘Tenants’ Sounding Board’who are occasionally invited for theirviews on policies, either by phone, email,text or focus group

• attending Conwy Tenants’ Forum - thecounty wide tenants group

• becoming a member of Cartrefi Conwyand attending the AGM and other generalmeetings

• standing for election as a Tenant BoardMember

Extra money to involve tenants andcommunities

Funding for support for tenants andResidents’ associations would increase anda Tenants Resource Centre would beprovided equipped with photocopying, IT,meeting facilities to help tenants.

There would be funding for local communityinitiatives. The fund would be to catalysecommunity development and improvementsabove those which would normally beprovided by Cartrefi Conwy or the Council.Groups and individuals would be welcome tomake bids for funding with the final decisionresting with a managing panel of tenants.

How would tenants be keptinformed?

For tenants to be involved they need toknow what is going on. Cartrefi Conwywould continue to provide a regularnewsletter as the Council does now and anewsletter specially for tenants of shelteredaccommodation. Tenants would be invited tobe part of an editorial board.

Cartrefi Conwy would be active in providingindividual letters, updates from the Tenants'Forum, leaflets, regular updates on thewebsite and an annual report givingperformance figures and financial figuresfrom its annual accounts for all tenants toview. Tenants would be able to measure howCartrefi Conwy is performing.

Developing with tenants, Cartrefi Conwywould provide all tenants with a handbookwhich would contain all the information thattenants need about their tenancy and theservices provided. At the start of everytenancy it would provide information abouthow tenants can get involved with theservice and provide details of local tenants’and residents’ groups in their area. As withall information provided by Cartrefi Conwy,the Tenants’ Handbook would be written inplain, jargon-free Welsh and English.

transferFACT

transferFACT

All future tenant boardmembers would be elected byCartrefi Conwy’s tenants

52 53

Part F Part FInvolving you in running the service

Monitoring the quality of service -completing customer satisfactionsurveysCartrefi Conwy would also give you theopportunity to give your opinions in surveyson local and county wide issues. This wouldbe done through postal, telephone, or faceto face surveys, through focus groups or thewebsite.

Cartrefi Conwy would encourage Tenants’and Residents Groups to become involved inmonitoring its performance and wouldproduce information in the form ofnewsletters and annual reports to thesegroups and individual tenants.

Becoming a member of CartrefiConwy

Every tenant is entitled to apply to become amember of Cartrefi Conwy. Becoming amember would entitle tenants to attend andvote at Cartrefi Conwy's AGMs and attendall members' meetings.

The Board of Management of Cartrefi Conwywould make the strategic and policydecisions, some major decisions such as achange to the rules governing how it wouldoperate would have to be agreed by themembers of Cartrefi Conwy.

If they choose to become members, tenantscan increase their influence on the runningand management of Cartrefi Conwy in thefollowing ways:

• being collectively the owners of CartrefiConwy

• being a custodian of the Rules of CartrefiConwy – as the Rules can only bechanged with the approval of members

• monitoring the performance of the Board

Members are entitled to attend and vote atCartrefi Conwy's AGM and at any otherconvened meeting of the members. TheRules state that the following activities are tobe carried out at the AGM:

• reviewing the Board's annual report onthe affairs of Cartrefi Conwy

• reviewing the progress of the strategy /programme for community developmentand tenant involvement

• approving the selection of IndependentBoard Members

• reviewing the aspirations of localneighbourhoods and other bodies ofopinion

• reviewing the accounts and balancesheet of Cartrefi Conwy

• reviewing the report of Cartrefi Conwy'sexternal auditor

• appointing a (new) external auditor

• considering proposals for futuremembers' meetings

Applying to become a Tenant BoardMember

This would be an unpaid voluntary position.The Board of Management of Cartrefi Conwywould make decisions about the policy anddirection of Cartrefi Conwy.

5 out of the 15 places on the Board ofManagement are reserved for tenants.Cartrefi Conwy would establish a BoardMember training programme in order toensure tenants receive adequate training tofulfil this role. As a Board Member, a tenantwould need to attend board meetings andwould be responsible, along with the rest ofthe Board, for making decisions aboutservices and major works.

All future tenant Board Members would beelected and would serve for no more than 3years without re-election. Tenant BoardMembers would be elected by CartrefiConwy's tenants.

Equal access for allCartrefi Conwy would provide a customerfocussed housing service, tailoring this toencourage equality and diversity. The aim isto ensure all tenants can readily access theservice irrespective of age, gender, race,disability or sexuality. To make sure that thisis achieved Cartrefi Conwy would aim to:

• ensure that written information isproduced in both Welsh and English andcan be made available in large print,Braille, on audio and in other majorlanguages used by the population ofConwy

• work closely with ethnic minoritycommunities to take into account theirhousing needs when developing servicesin the future

• provide services for tenants who are hardof hearing and deaf including a BritishSign Language interpreter if necessary

• ensure its offices are accessible by thosewith a physical disability

• work in partnership with the Council andother agencies to help ensure that

homeless, vulnerable and excludedgroups are able to access theaccommodation and services they need

• work with youth groups and schools toprovide new services and facilities foryounger residents

55

Part G

How would your rights beaffected if the transfer goesahead?Your key rights as a tenant of Cartrefi Conwywould be protected and be very similar toyour rights as a Council tenant.

Most Council tenants are secure tenants. Ifthe transfer goes ahead, you would becomean assured tenant of Cartrefi Conwy.

If you have, within the last year, been given atenancy for the first time, you are anintroductory tenant. People who areintroductory tenants on the date that thetransfer takes place would also becomeassured tenants, providing legal action is notbeing taken against them by the Council atthat time.

The main difference is that as a secure orintroductory Council tenant the rights younow enjoy are set down in law by Acts ofParliament. As an assured tenant ofCartrefi Conwy, your rights would be coveredpartly by Acts of Parliament and partly by alegally binding contract (your TenancyAgreement) between you and CartrefiConwy.

Because the basic rights of an assuredtenant can be less than for a council securetenant, Cartrefi Conwy has agreed to extendyour rights to match as closely as possibleyour existing Council tenancy rights. Thisextension is in the contract between you andCartrefi Conwy (see the proposed TenancyAgreement in Part K) and not imposed byActs of Parliament. It would make you an'assured tenant with protected rights'.

transferFACT

transferFACT

Your key rights as a tenant of Cartrefi Conwy would be very similar to your rights as aCouncil tenant

54

Your Rights60 second summary• Your key rights and entitlements would be protected if transfer

goes ahead

• You would have a new assured tenancy agreement from Cartrefi Conwy, the conditions of which could only be changed with your written consent

• If you are entitled to buy your home now with the Council you would still be entitledto buy your home with Cartrefi Conwy

• Your Right To Buy discount would transfer with you and continue to grow up to themaximum allowed

• You would still be able to pass on your home, and transfer or exchange your home

• Your entitlement to claim Housing and Council Tax Benefit would be unaffected.

Part G – Your Rights

56 57

Part G Part GYour Rights

What rights would you lose?The only right you would not have (becauseit does not apply to Registered SocialLandlords) is the Statutory Right to Manage(which allows tenants to set up a TenantManagement Organisation, subject to certainrules). Although this right has been inexistence for many years the Council hasnever had a request to set up a TenantManagement Organisation.

Although you would not keep this right bylaw, Cartrefi Conwy would be firmlycommitted to working with tenants toachieve greater tenant involvement andwould help tenants who wish to becomemore involved in the management of theirhomes (see Part F – Involving you in theRunning of the Service).

How would your rights beprotected?If the transfer takes place, you would beasked to sign a new Tenancy Agreement(see the proposed Tenancy Agreement inPart K). Your rights in that agreementcannot be changed without your permissiononce you and Cartrefi Conwy have signedthe Tenancy Agreement. This provides agreater protection against change to theagreement than exists with the Council. The only things that can change without yourpermission are the annual rent and servicecharges although these changes are limitedby the five year rent guarantee and theWelsh Assembly Government's current rentpolicy (see Part B for further details).

Members of Conwy Tenants’ Forum and theIndependent Tenant Advisor were extensivelyconsulted in drawing up the new proposedTenancy Agreement.

Would you still be able to buyyour home?If you qualify and have the Right to Buy yourhome with the Council, you would keep thatright after the transfer. This is known as the'Preserved Right to Buy'.

If you die, the person who takes over thetenancy under the succession rights in theproposed Tenancy Agreement (see Part K)would also take over your Preserved Right toBuy (if you had that right). This right remainseven if you later move to another homewhich is owned by Cartrefi Conwy as long asit is not exempt from the Right to Buy. Also,if you have the Preserved Right to Buy andlater move to a council home in anotherarea, you would still have a Right to Buy.Any discounts would include time as atenant of Cartrefi Conwy as well as time as atenant with the Council.

Introductory tenants do not have a Right toBuy with the Council but where possibleCartrefi Conwy has agreed to givetransferring Introductory tenants acontractual Right to Buy (in the proposedtenancy agreement) on the same terms asthe Preserved Right to Buy.

As now, you will not be able to exercise theRight to Buy if you live in shelteredaccommodation or other housing excludedfrom this legislation.

New tenants housed by Cartrefi Conwy afterthe date of transfer would not have thePreserved Right to Buy. They would,however, have the Right to Acquire subjectto certain conditions (see page 59).

transferFACT

transferFACT

If you qualify and have the Right to Buy your home withthe Council, you would keep thatright after the transfer

CARTREFI

CONWY

The Right to live in your homewithout the threat of being evictedwithout good cause

The Right to Buy your home with adiscount

The Right to Acquire (see page 59)

The Right to pass on your homewhen you die (succession)

The Right to pass on your homewhen you die, even if you havealready succeeded to a tenancy withthe Council (additional succession)

The Right to transfer and exchangeyour home

The Right to sub-let part of yourhome or take in lodgers

The Right to Repair

The Right to carry out improvementsand receive compensation

The Right to be consulted abouthousing management

The Right to information about themanagement of your home

The Right to Manage

The Right to refuse changes to yourTenancy Agreement (except for rentand service charges) without yourconsent

4

4 *

7

4

7

4 *

4 *

4

4 *

4

4

4

7

4

4 (called the preservedRight to Buy)

4

4

4 (see pages 59 and 60 for more details)

4

4

4

4

4

4

7 (but see page 57)

4

Rights

*not available for introductory tenancies

How would your rights compare?A quick comparison between the rights that you have as a secure tenant and those that youwould have with Cartrefi Conwy as an assured tenant with protected rights are set out in thetable below:

59

Part G

• The range of expenses included in thecost floor is broader with Cartrefi Conwybecause the cost floor legislationrecognises that some housing stock

needs extra repair and improvementworks and so the costs of running thehousing service are higher.

The Right to Acquire

Assured tenants of Cartrefi Conwy (includingexisting tenants transferring from theCouncil) would gain an additional right to beable to buy their home under the Right toAcquire scheme as long as certain criteriaare met. This scheme is based on a grantrather than a discount and is usually lessgenerous than the Preserved Right to Buyscheme.

The maximum grant for homes in Conwy iscurrently £16,000. You cannot combine boththe Right to Acquire and the Right to Buy.

Would you still be able to pass onyour home?

Cartrefi Conwy's proposed TenancyAgreement would allow the same people totake over the tenancy (when a tenant dies)as under a Council secure tenancy. As withthe Council, your home can only be passedon once other than in exceptionalcircumstances. Please note you would becounted as a successor if you were a jointtenant at transfer and later become a soletenant. This is the same as with the Council.

58

Part G Your Rights

What happens to discounts?

Transfer would not affect your eligibility fordiscount on the purchase of your home. Anydiscount you have built up would transferwith you and would continue to grow whileyou are a tenant of Cartrefi Conwy.

What is the maximum discount?

Under current rules, if you buy your homeunder the Right to Buy or Preserved Right toBuy, the amount you pay is decided by usinga formula set by Government. The purchaseprice is determined by the market value ofthe property less your discount (based onyears as a Council or Registered SocialLandlord tenant). With the Council themaximum discount is currently £16,000.Under current rules, the same limit, set byGovernment, would apply if you transfer toCartrefi Conwy and use your Preserved Rightto Buy.

Cost floor rule

As with the Right to Buy, there would be aminimum price that you would have to payto buy your home with the preserved Rightto Buy. This is known as the 'cost floor'. Thecost floor is the minimum price that youcould pay for your home even if yourdiscount would take the price below thisamount.

Government rules on the cost floor meanthat you could not buy your home for lessthan it cost Cartrefi Conwy to buy it from theCouncil and then repair and improve it.

If transfer goes ahead, the cost floor wouldbe the total amount spent by Cartrefi Conwyon carrying out any works (includingimprovements) to your home and itsdesignated garage or parking area if there isone. It also takes into account the cost ofworks to provide or improve your communalfacilities, fees paid by your landlord toprofessional advisors and administrativecosts (although these administrative costsare capped at £2,000).

The cost floor is most relevant where alandlord has recently spent a large amountof money improving the property and itsassociated facilities (for example aproperty's garage) or where large amounts ofmoney have been spent on repairs andmaintenance.

There are three main differences in the waythe cost floor would be worked out withCartrefi Conwy compared to how it iscalculated now with the Council:

• Cartrefi Conwy would be able to take intoaccount all costs incurred during the 15years prior to your application to buy (theCouncil can only take into account costsin the 10 years before your application).This takes account of the fact thatCartrefi Conwy would operate under adifferent financial regime from theCouncil. The 15 year period starts at thepoint of the housing transfer.

• Cartrefi Conwy would be able to includein the cost floor the cost of the catch uprepair works which would be carried outto tenants' homes, even if these costshave not actually been incurred at thetime of your application to buy. This isbecause the cost of the repair work hasbeen allowed for in calculating the pricepayable to the Council for the home.

In some cases the effects of these changes may reduce the amount of your discount, butfor most tenants living in the County of Conwy, it is likely that the new cost floor withCartrefi Conwy would have little or no impact. This is because generally in Conwy thevalue of the houses would be greater than the cost of works carried out. Here is anexample of how a preserved right to buy application could work with Cartrefi Conwy:

Mrs Evans decides to apply to buy her two-bedroom house which has been valued at £46,000.

She has lived in the house for many years and so isentitled to the maximum discount, which in Conwyis £16,000.

The cost floor is calculated: The costs (as listedabove) to Cartrefi Conwy are added to theassumptions made in the transfer valuation (agreedwith the Council and Government) as to the level ofrepair and improvement works regardless ofwhether they have been carried out or not.

The cost floor is checked against the discountedpurchase price - as the amount Mrs Evans pays forher home cannot be less than the cost floor. In thisexample, the discounted purchase price is £2000below the cost floor.

Basic Purchase price = £46,000

Basic purchase price reducedby discount to give discountedpurchase price of £30,000

The costs add up to make thecost floor £32,000.

The amount Mrs Evans pays forher home would be £32,000.

If on the other hand Mrs Evans's home had been valued at £49,000 rather than £46,000,her discounted purchase price would have been £33,000 (£49,000 - £16,000) and so thecost floor of £32,000 would have had no impact at all on her application to buy.

61

About Cartrefi Conwy60 second summary• Cartrefi Conwy would be a not for profit organisation and would

have charitable rules

• It would be specifically set up to take over ownership and management of theCouncil's homes

• It would have 15 voluntary Board Members and a co-opted member that would runCartrefi Conwy

• It would be registered with and regulated by the Welsh Assembly Government

• There would be a legally binding agreement with the Council to ensure all thepromises are met

Part H – About Cartrefi Conwy

60

Part G Your Rights

Additional RightCartrefi Conwy's proposed TenancyAgreement would ignore any previoussuccessions to the tenancy with the Council.This means that if the transfer goes ahead,all tenants would start again with a right ofsuccession, even if they have already usedtheir right of succession when they weretenants with the Council. This is a significantadditional right for those tenants who"inherited" their tenancies from the previousCouncil tenant.

What about transfers orexchanges?Cartrefi Conwy would aim to make best useof its housing by assisting with tenanttransfers and exchanges both within itsstock and with other landlords.

If you transfer to another property owned byCartrefi Conwy you would keep all yourrights including the Preserved Right to Buywith discounts (provided it applies to thenew property).

Would you still be able to take inlodgers and sublet part of yourhome?Yes. You would be in the same position withCartrefi Conwy as a secure tenant of theCouncil. You would be able to sublet part ofyour home, with Cartrefi Conwy'spermission, or take in lodgers.

Would Cartrefi Conwy have morerights to obtain possession oftransferring tenants' homes?Cartrefi Conwy would not use any of theadditional grounds for eviction which couldbe available under an assured tenancy. Thisis to make sure your rights to live in yourhome match as closely as possible thoseyou have now with the Council. (For furtherdetails, see the proposed TenancyAgreement in Part K).

Would you still have a right to haverepairs carried out?Yes. This means that if Cartrefi Conwy or itscontractors failed to carry out certain typesof repairs within set time limits, you canrequire Cartrefi Conwy to appoint anothercontractor to do the repairs.

As with the Council you have the right tocompensation if that contractor also fails todo the repairs within a set time limit.

Would Cartrefi Conwy consult youin the same way as the Council?Yes. Cartrefi Conwy would consult with andprovide the information to its tenants as ifthey were secure tenants. This is one of theterms in the tenancy agreement (see theproposed Tenancy Agreement in Part K).

Cartrefi Conwy would aim to improve theways tenants are involved in the running ofthe service.

What about new tenants coming inafter transfer?Cartrefi Conwy would initially grant peoplewho become tenants after the transfer a'probationary tenancy' for their first twelvemonths as a new tenant. This is similar tothe introductory tenancy that new tenantsare given for the first year of being a Counciltenant. A probationary tenancy would givefewer rights and less security of tenure thanCartrefi Conwy's full assured tenancy for thefirst twelve months.

The probationary tenancy is an addedmeasure to deal with anti-social behaviourby ensuring that tenants are made aware ofthe standard of behaviour expected of them.This type of tenancy would allow CartrefiConwy to take action more quickly should atenant or visitor to a tenant's home cause anuisance to other residents or anti-socialbehaviour in the area.

If there are no significant problems in thefirst twelve months, the new tenant wouldtransfer to a full assured tenancy.

62 63

Part H Part HAbout Cartrefi Conwy

What type of organisation is CartrefiConwy?

Cartrefi Conwy would be a new, local, not-for-profit, independent Industrial andProvident Society (a Registered SocialLandlord), which the Council would help toestablish. As with all Registered SocialLandlords in Wales, it would be registeredwith and regulated by the Welsh AssemblyGovernment. It would be independent of theCouncil and you would have a say in therunning of the new organisation.

A not-for-profit organisation means that allthe surplus income would have to be putback into providing the housing service andachieving Cartrefi Conwy's aims andobjectives. It would be a Registered SocialLandlord whose primary purpose would beto provide affordable rented housing topeople in housing need. Cartrefi Conwywould be established with the help of theCouncil specifically to supply good qualityaffordable housing and excellent housingservices to the people of Conwy. It wouldensure that all the properties are brought upto the WHQS.

Cartrefi Conwy would be managed by aBoard of 15 people, 5 of whom would beTenants, 5 would be Council Nominees and5 would be Independent Board Members.Between them, the Board Members bringdifferent skills and expertise to the Board tomake sure that Cartrefi Conwy would beable to deliver the promises made in thisdocument.

Cartrefi Conwy would be registered with theFinancial Services Authority as an Industrialand Provident Society. Cartrefi Conwywould also be registered with charitablerules. One advantage of charitable status isthat charities pay less tax which allows themto make best use of their income for thebenefit of those persons they are assistingand would have no effect on its ability todeliver the promises in this document.

As a charitable organisation Cartrefi Conwywould be limited in who it could house andthe activities that it would be allowed tocarry out. It would not for example, be able to:

• carry out extensive commercial activities

• provide services to other outsideorganisations which are not charities

• provide commercial rentedaccommodation

If Cartrefi Conwy did want to carry out theseactivities in the future it would have toconsider setting up a non-charitablesubsidiary.

The Rules of Cartrefi Conwy also includeprovisions which recognise the tenantempowerment and community involvementfocus of the organisation.

What are the core values and theobjectives of Cartrefi Conwy?

Cartrefi Conwy's main purpose is to provideand manage affordable homes in Conwy forpeople who need them, and to ensure thatall the homes are brought up to the WHQSby 2012.

Cartrefi Conwy would aim to offer the bestpossible standards and service to its tenantsand will adopt the following values:

• to treat you with honesty and integrity

• to be committed and positive aboutproviding excellent standards of service

• to be an open and forward thinkingorganisation which would provide theservices you need

• to listen to customers and consult you onpolicy and service issues

• a culture of openness, honesty andaccountability

• to create an environment where itsemployees are valued and realise their fullpotential

Cartrefi Conwy would adopt the followingobjectives and would:

• provide tenants with information aboutthe housing service on a regular basis

• listen to its customers and activelyinvolve them in the service

• make the best use of its homes to meetcontinuing demands for affordablehousing

• achieve high levels of customersatisfaction, actively seeking to improveits services

• improve access to its services byexpanding new technologies andinnovative ways of working

• work in partnership with the Council tohelp achieve safe and active communities

Who is on the board ofmanagement and what do they do?If transfer takes place the Board ofManagement would have overallresponsibility for running Cartrefi Conwyincluding setting policies and directingactivities. The Board is made up of 5 TenantBoard Members, 5 Council Nominees, 5Independent people. In addition there is oneco-opted Member who is a Conwy resident.

The Board is currently operating in 'shadow'form. Shadow Board Members with theexception of the co-opted Member have thesame voting rights on the Board as eachother and have a duty to act in the bestinterests of Cartrefi Conwy, whether inshadow or full operation.

64 65


Tenants:Michael Warren (Vice-Chair)

Michael has been a tenant inLlansannan with his wife Juliesince 1997. He has worked in

IT, as an NVQ assessor and an IT BusinessDevelopment Advisor for a local college.

He is currently a member of the ConwyTenants’ Forum and Repairs sub-committee.Living in a rural area, Michael wants to beinvolved in decisions that affect all tenants,ensuring equality of service.

Michael is also undertaking a Design and Artcourse in ceramics and is looking forward toproducing his own ceramics.

Eileen Jones

Eileen has lived in Colwyn Baysince in 1952 and currently livesin a sheltered housing schemein Rhos on Sea, where she wasa warden for more than 12years.

She was previously employed by two healthauthorities and also ran her own residentialhome for seven years.

Eileen is chair of the Rhos Sheltered HousingTenants’ Association and is a committeemember of the Conwy Tenants’ Forum.

She is also a trustee of Conwy CommunityTransport and serves on the League ofFriends for Colwyn Bay Hospital committee.

Brian Horton

Brian has been a tenant inConwy for 27 years and lives inKinmel Bay.

He has worked in managementand engineering and has been

involved in projects including tenantparticipation on the housing transferconsultation.

He is a trustee of the Chester AvenueCommunity House and is the chair of ConwyTenants’ Forum.

Brian aims to continue working for tenants toimprove the quality of life on estates andthroughout Conwy.

Steven Moule

Steven has a long history as anactivist, and of working for thecommunity in a variety of roles.

He is committed to working fortenants and is currently a

Treasurer of Conwy Tenants’ Forum.

Has was Founder Member of theorganisation Crossroads in Barnsley, wherehe became the Secretary and WelfareOfficer.

Steven, who has been a tenant for morethan 20 years, also had a long career in theArmy which included two tours of Kuwait.

Margaret Rawlinson

Having worked for 14 years asa district carer and fostermother Margaret is retired andliving in Llanrwst, first as aprivate tenant and now as aCouncil tenant.

She is Deputy Chair of the local Tenants’Association and a member of the Tenants’Forum.

She also volunteers her time to be involvedin various community projects in her area.

Margaret's aim is to help make a positivedifference to people's lives, especially inhousing.

Council representatives:Dilys Mars Jones

Councillor Mars Jones is aCounty Councillor for the ruralareas of Llansannan, Groes andLlannefydd, continuing herfamily’s tradition of representingthe community. She became a

Councillor following the death of herhusband 15 years ago. He had representedthe area since 1957.

She is a former member of the communityand area health authorities and is now on theall-Wales continuing-care appeals panels,run by Powys Health Authority.

Councillor Mars Jones has been amagistrate for 27 years, which includes timespent as Chair of the Bench and Chair of theJuvenile Panels.

She can see no other way that Conwytenants’ homes can reach the WHQS by2012 without forming a new organisation.

Chris Hughes

A former Vice Chair of theCouncil’s Housing Committee,Councillor Hughes has servedon a number of committees andcommunity organisations sincebeing elected as a Councillor

for Colwyn Bay in 1995, and CountyCouncillor four years later.

He is a Trustee and Vice-Chairman of theDaniel Cleverley Trust, a founder member ofthe Colwyn Bay Conservation andEnvironment Federation and a member ofthe Colwyn in Bloom managementcommittee, as well as having a range ofother roles.

He is also vice chair of Theatr Colwyn JointManagement Committee, serves on theboard of Bay of Colwyn Town Management,is a member of the board of the Colwyn Bayregeneration project and is the Governor oftwo local schools.

Chris is a former Mayor of Colwyn Bay.

William Knightly

Councillor Knightly has servedon the Council’s Regenerationand Environment Scrutinycommittees as well as being amember of the Planningcommittee.

Like other Council nominees, he has workedclosely with tenants as a member of theCouncil’s transfer-related Task & FinishGroup.

A member of Towyn and Kinmel Bay TownCouncil, Councillor Knightly runs his ownfunfair and showground business for manyyears, continuing a family tradition stretchingback three generations.

He is married with six children and fourgrandchildren.

Dilwyn Roberts (Chair)

Councillor Roberts is the leaderof the Plaid Cymru group inConwy and plays a major role inthe Council’s overall

performance as the newly-appointed CabinetMember for Finance and Resources.

He has been committed to listening totenants’ views alongside other Councilnominee shadow board colleagues as amember of the Housing Transfer Task &Finish Group.

He is also a member of Task & Finish Groupsset up to look at housing allocation and localdevelopment in Conwy.

Councillor Roberts works closely with NorthWales Housing, Foelas Cyf Board ofManagement and the Welsh Books Council.

66 67


Brenda Taylor

Councillor Taylor is Leader ofthe Liberal Democrat Group,and serves on the Council’sCommunity Safety Scrutiny,Environment Scrutiny andPlanning Committees. She was

previously Chair of Housing and EnvironmentCommittees in Colwyn for six years and wasChair of Housing in Conwy County Boroughfor two years.

A County Councillor since 1996, she is alsoChair of Governors at Llanddulas School andLlanddulas Youth Club, and serves onLlanddulas and Rhyd-y-Foel CommunityCouncil. She was first elected to Council in1983 and was Mayor of Colwyn 1991-92.

As well as working with tenants on thetransfer consultation, Councillor Taylor hasalso worked with various flood defencegroups since 1985 and chaired the JointRehabilitation Committee following theTowyn floods.

Away from Council duties, she has morethan 40 years’ experience of work in fieldsincluding management, retail and residentialchild care.

Independent local people:

Mel Hill

Mel has worked in localgovernment for 35 years,bringing considerableexperience as a former Directorof Works with several major

local authorities.

Mel has worked as an advisor to theAssociation of Metropolitan Authorities andthe Prince’s Trust. He has also served aschairman and board member of a nationalhousing association.

He is a Fellow of the Chartered Institute ofManagement and Fellow and former NationalPresident of the Institute of Maintenance andBuilding Management.

Mel sees transfer of the Council’s housing asessential to give the tenants of Conwy abetter standard of accommodation and thechance of more involvement in the runningof their homes and services.

Pam Lonie

Pam lives in Abergele and hasworked in the housing field formore than 20 years.

She has a keen interest in thedevelopment, refurbishment

and sustainability of local communities.

She has been a board member of her localNHS Trust and a transfer housingassociation.

Pam believes the Board is committed toputting the interests of local people first byworking together on the improvements topeople’s homes and the local communities itserves.

Brian Roberts

Brian is a Financial Adviser withan office in Craig-y-Don.

He has lived locally for most ofhis life and has more than 10years experience of working

with housing associations across NorthWales.

Brian has been a school governor at YsgolCraig-y-Don since 1997.

He is committed to listening to tenants andworking to ensure that the shadow board ofCartrefi Conwy delivers the housing servicethat meets their needs for generations tocome.

Co-opted memberSylvia Lavender Sylvia was a tenant for 22 yearsbefore buying her home andremains committed to workingwithin her community. She ischair of Tan-y-Lan Community

Association in Old Colwyn.

She is a founder member of the HousingTask and Finish Group, a member of ConwyCouncil’s Housing Strategy Group and theResident Involvement Strategy Group.Working widely with tenants, as vice chair ofConwy Tenants’ Forum, Sylvia helpeddevelop the constitution and code ofconduct of the organisation and has helpedattract more than £100,000 in grants frompublic bodies.

Sylvia has experience of working incustomer services and with the elderly andwas a supervisor with a national contractcleaning company.

How were the board memberschosen?The 5 Tenant Board Members were selectedthrough the Conwy Tenants' Forum aconstituted Tenant body - open to andworking on behalf of all tenants in ConwyCounty. They were nominated and chosenbased on their knowledge, experience andcommitment which they have shown duringtheir years of involvement.

The 5 Council Board Members were selectedby elected Councillors.

The 3 Independent people were chosen byboth the Tenant and Council Board Membersfollowing advertisements in the local pressand through an interview process. They arenot connected with the Council and werechosen for their skills and experience. Theyhave valuable experience and expertise (notjust in housing) to ensure the Board wouldhave a wide variety of skills and experience.

The Board are still lacking 2 furtherIndependent people to complete the fullcomplement of the Board..

Do board members get paid?No. The Welsh Assembly Government doesnot allow payment for Board Members ofRegistered Social Landlords in Wales.However, Board Members can claim backout of pocket expenses actually incurred incarrying out their duties.

If transfer goes ahead, howwould board members be chosenin the future?The current Shadow Board Members wouldintend to serve until at least the secondAGM of Cartrefi Conwy after the transfertakes place (likely to be in 2008). At that, andeach subsequent AGM, the Tenant andIndependent Board Members would retire ona rotational basis. This would providecontinuity and a process for gradual renewalof the Board. Retiring Board Members wouldbe eligible for re-selection at each AGM.

Council Board Members would be chosenby the Council and hold office for a periodthe Council decides.

Tenant Board Members would be electedthrough tenant-wide elections, details ofwhich would be widely advertised.

Independent Board Members would bechosen for their skills and recommended forelection at the AGM of Cartrefi Conwy. Theywould be elected by all the members ofCartrefi Conwy.

Who would provide the housingservice and what would happento the existing staff?Cartrefi Conwy would employ paid staff torun the housing service on a day-to-daybasis. If the transfer goes ahead, staffworking for the Council would transfer toCartrefi Conwy with their conditions ofemployment at the time of transfer protectedunder the Transfer of UndertakingsProtection of Employment (TUPE)regulations.

69

The next steps - The legal requirements for tenant consultation60 second summary• This Offer Document, which sets out all the details of the transfer proposal

is what is known as the Stage 1 Notice

• You can give your views on the proposal using the freepost tear off response card atthe centre of this document

• The Council will consider any representations it receives from you about the OfferDocument

• The Stage 2 letter will set out any significant changes to the transfer proposal andinforms you whether the Council has decided to proceed to ballot

• Tenants will decide whether the transfer proposal goes ahead in a secret ballot

Part I – The next steps - The legal requirements for tenant consultation

68

Part H About Cartrefi Conwy

As the maintenance service would alsotransfer, the Council's housing repair staffwould also transfer under the TUPEregulations. This would ensure you wouldcontinue to deal with the people you know.

The additional work which would beundertaken by Cartrefi Conwy would createemployment opportunities for people locally.

Who regulates Cartrefi Conwy?

The Welsh Assembly Government regulatesall Registered Social Landlords in Wales.Transfers can only take place to an approvedRegistered Social Landlord regulated by theAssembly.

So, Cartrefi Conwy must register with theWelsh Assembly Government before atransfer can take place.

In particular, the Welsh AssemblyGovernment:

• sets rules and standards which allRegistered Social Landlords in Walesmust follow. These standards are set toensure that tenants' key rights areprotected, services are of a high qualityand that financial management is sound

• would monitor the performance of CartrefiConwy, as it does with all RegisteredSocial Landlords in Wales, to ensurethese standards are met. If standards arenot met, then the Assembly has widepowers to step in and take action.

71

Other useful information and independent advice Obtaining further information

As well as this document, there are some others you may want to look at in relation tothe Council's transfer proposal. These include:

• Regulatory Code for Housing Associations registered in Wales

• Welsh Assembly Government Housing Transfer Guidelines 2002

• Welsh Assembly Government's Stock Transfer Tenants Charter and accompanyingguidance

• Advice from Open Communities Limited, your Independent Tenant Advisor

Part J – Other useful information and independent advice

70

Part I The next steps - The legal requirements for tenantconsultation

The law which states that Councils have toconsult their tenants about proposedtransfers of council housing is set out inSection 106A and Schedule 3A of theHousing Act 1985. The Council and theWelsh Assembly Government must haveregard to the views of the Council's secureand introductory tenants. If you are not surewhat type of tenant you are, please refer toyour Tenancy Agreement or phone theCouncil's freephone Helpline on 0800 0121 431.

The Council must give you a noticeinforming you of:

• details of the proposal that the Councilconsiders appropriate, including theidentity of the organisation to whom thetransfer is to be made

• the likely consequences of the transfer forthe tenant

• the effects of the provisions of Schedule3A Housing Act 1985 and, in the case ofsecure tenants, of Sections 171A to 171HHousing Act 1985 (Preservation of Rightto Buy on transfer)

The details, consequences and effects of theCouncil's housing transfer proposal are setout in this document.

The effects of the provisions of Schedule 3AHousing Act 1985 are:

• the Council must first serve on you notice(the Stage 1 Notice) giving you theinformation listed above and informingyou that you may make representationsto the Council. This document, andother documents in the pack and theintroductory letter accompanying it,forms the Stage 1 Notice

• the Council would consider anyrepresentations received by 19 October 2007

• after considering those representations,the Council must serve a further writtennotice on you (the Stage 2 letter)informing you of any significant changes

to the proposal and that you may write tothe Welsh Assembly Government withany objections to the proposal within aperiod of not less than 28 days. This 28day period begins when the Council'sStage 2 letter is sent to tenants. TheWelsh Assembly Government will takeobjections into account in consideringany application from the Council for thenecessary consent to transfer the stock

73

The proposed tenancy agreement60 second summary• Your key rights and entitlements would be protected in your new

assured Tenancy Agreement with Cartrefi Conwy

• The conditions of your assured Tenancy Agreement can only be changed with yourwritten consent

• The Tenancy Agreement deals with payment of rent, Cartrefi Conwy's obligations,your obligations, your rights and grounds for possession

Part K – The proposed tenancy agreement

72

Part J Other useful information and independent advice

Further information can also be obtained from the following:

Conwy County Borough Council36 Abergele RoadColwyn BayNorth WalesLL29 7PATel: 01492 574000Freephone Helpline: 0800 0121 431Email: [email protected]/housingtransfer

The Welsh Assembly GovernmentHousing Directorate Government BuildingsDinerth RoadColwyn BayLL28 4UL01492 542509

Merthyr Tydfil OfficeRhyd-y-carMerthyr TydfilCF48 1UZwww.housing.wales.gov.uk

Welsh Tenants' FederationMilbourne ChambersGlebeland StreetMerthyr TydfilCF47 8ATTel: 01685 723922www.welshtenantsfed.org.uk

For independent advice, contact your Independent Tenant AdvisorOpen Communities LimitedThe Foundry46 Henry StreetLiverpoolL1 5BSTel: 0800 953 0465 (Welsh)0800 073 1051 (English)Email [email protected]/

74 75

Part K Part KThe proposed tenancy agreement

Tenancy Agreement

What is in the Document?

This document contains the proposed formof new Tenancy Agreement tenants wouldhave with Cartrefi Conwy if transfer goesahead.

The proposed new Tenancy Agreement hasbeen designed to ensure that tenants' rightsare protected if transfer goes ahead andtenants have been consulted on itsdevelopment. If transfer goes aheadintroductory tenants would become fullassured tenants of Cartrefi Conwy from thedate of transfer, in exactly the same way andwith all of the same rights as secure tenants.In effect for introductory tenants theprobationary period would come to an endon transfer, even if the period has not run itsfull 12 months term.

If transfer goes ahead, Cartrefi Conwy wouldgive tenants a new Tenants' Handbook.

Cartrefi Conwy's proposed newTenancy Agreement

A Tenancy Agreement in substantially thisform would be issued as soon as possibleafter transfer to each transferring secure andintroductory tenant except:

• where tenants have a valid PossessionOrder in force against them,

• where tenants have been served with avalid Notice of Intention to SeekPossession,

• where tenants have ongoing possessionproceedings at the time the transfer takesplace,

• where tenants have been issued with ademotion order,

• where introductory tenants, only, havebeen served with a valid notice ofpossession proceedings.

In these cases, the new Tenancy Agreementwould be issued if:

• the Possession Order is discharged,

• the Notice of Intention to SeekPossession is withdrawn or expires,

• if the tenant complies with the terms ofthe demotions order and the demotionperiod comes to an end,

• if the Court decides not to make aPossession Order.

In the meantime, these tenants wouldbecome tenants of Cartrefi Conwy like allother remaining tenants.

Cartrefi Conwy would be able to enforce thePossession Orders that the Council hadobtained prior to transfer and may also beable to obtain Possession Orders for tenancybreaches where the Council has servednotices before the transfer takes place.

Cartrefi Conwy would also be able to takeaction on tenancy debts owed by theCouncil before the transfer went ahead.

Cartrefi Conwy Cyfyngedig

Assured (Non Shorthold) TenancyAgreement for Transferring Tenants

Cartrefi Conwy Cyfyngedig

[ address ]

CONTENTS Page noPart 1: General terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Part 2: Payments for your home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Part 3: Repairs and improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Part 4: Using your home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Part 5: Leaving your home and ending your tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Part 6: Grounds for possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Assured (Non Shorthold) Tenancy Agreement - Transferring Tenants

This tenancy agreement is a legal contract setting out the rights and responsibilities ofCartrefi Conwy Cyfyngedig (as your landlord) and of you (as the tenant).

You may complete either an English or Welsh tenancy agreement.

Particulars of Tenancy

Our name and address Cartrefi Conwy Cyfyngedig ('we' 'us' or 'our')

of …………………………………..……………………………….

…………………………………………………………..…………..

We are a social landlord registered with the National Assembly for Wales under section 3 of the Housing Act 1996,and

Name of Tenant ……………………………………………………..……………….

…...……………………………………………………..…………..

……………………………………..…….('the tenant' or 'you')

(In the case of joint tenants, the term 'tenant' or 'you' applies to each of you and the names of all joint tenants should be written above. Each tenant individually has the full responsibilities and rights set out in this tenancy agreement).

Address in respect of …………………………………………….…………..

…………………………………… (your 'home')

Description of your home which comprises ………….……………………..…………....…..

…………………………………………………..……………………

……………………………………….………….……….…………..

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Payments for your home The weekly payments for your home at the start of this tenancy are:

Rent £

Repayment of rent arrears of £

Service charge £

Supporting People Charge £

Other payments owed £Specify:

…………………………………………………………………………….......................…………………

Total Weekly Payment £

The tenancy This tenancy begins on………………………………….. for a week and thereafter weekly until brought to an end, and it is an assured non-shorthold tenancy the terms of which are set out in this tenancy agreement.

Permitted Number The maximum number of people allowed to live at your homeis………………...............................................................……….

Charitable Status under the Industrial and Provident Societies Act 1965 The home that is thesubject of this tenancy is held by an exempt charity.

Other Occupants living with you

NameRelationship to tenant

…………………………………………………………………… …………………………………

…………………………………………………………………… …………………………………

…………………………………………………………………… …………………………………

…………………………………………………………………… …………………………………

……………………………………………………………………. …………………………………

……………………………………………………………………. ………………………………….

……………………………………………………………………. ………………………………….

Words in bold are for explanation only anddo not form part of the tenancyagreement for legal purposes.

Action will be taken to repossess thehome of any person who has fraudulentlyor deliberately provided false informationor deliberately withheld information toobtain this tenancy.

Data Protection Act 1998

Under the Data Protection Act 1998, youhave the right to see information that wehold about you. You may not be able to seeeverything, for example, details about othertenants. You can get copies of theinformation, but you will have to pay acharge set by the Information Commissioner.

You also consent to us holding andprocessing information (including sensitivepersonal data) that you have provided or hasbeen provided by third parties or will beprovided in the future to perform ourfunctions. This may involve disclosure tocertain third parties who are able to showthat they are entitled to receive information.We comply with the Data Protection Act1998 when dealing with personal data. Thismeans your personal data will be processedin accordance with the law.

By signing this tenancy agreement, youare consenting to the above and to usprocessing your personal data.

Declaration

You also consent to us holding andprocessing information (including sensitivepersonal data) that you have provided or hasbeen provided by third parties or will beprovided in the future to perform ourfunctions. This may involve disclosure tocertain third parties who are able to showthat they are entitled to receive information.We comply with the Data Protection Act1998 when dealing with personal data. Thismeans your personal data will be processedin accordance with the law.

I agree to accept this tenancy on the termsand conditions set out in the documentattached which I have been given theopportunity to read and ask questions about.

I understand I am responsible for any breachof the conditions of the tenancy by myself,any member of my household or any visitorand that I should not sign this agreementunless I am prepared to agree to keep to theterms and conditions.

Dated this ……………………………………....day of……………………………………………20……

Signed by ……………………………………………………

and……………………………………………………

If this is a joint tenancy, each tenantshould sign.

Signed on behalf of the landlord…………………………………………………....

We are subject to any guidance onhousing management practice andregulation issued by the NationalAssembly for Wales and this tenancyis one to which that guidance applies.

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6.2 You have the right to start or join a localtenants' or residents' group and weencourage you to do so. Our TenantParticipation and housing staff willprovide you with information aboutgroups in the area or about how to startone.

7 Housing management

7.1 We will provide you with information onour housing management policies asrequired by guidance issued by theNational Assembly for Wales.

7.2 If you want to see your personalhousing files, please contact us inwriting.

7.3 So far as possible, we agree to giveyou the following rights contained inthis tenancy agreement as if you werestill a tenant of the Council (i.e. as ifSections 92 – 101, 104 – 106 andSchedule 3 of the Housing Act 1985applied to this tenancy):

• The right to exchange (see condition65),

• The right to take in lodgers (seecondition 55.1),

• The right to sublet part of your home(see condition 55.2),

• The right to make improvements (seecondition 31),

• The right to receive compensation forimprovements (see condition 32 ),

• The right to repair (see condition 33),

• The right to be consulted (seecondition 5),

• The right to information (see condition6).

8 Complaints

We shall establish a procedure fordealing with complaints on any matterarising from this tenancy. Theprocedure shall operate in accordancewith National Assembly for Wales

requirements and guidance as laiddown from time to time. Details of theprocedure will be set out in theTenant's Handbook.

Part 2: Payments for your home

It is agreed as follows:

9 Payments for your home

9.1 The weekly rent, rent arrears andservice and other charges for yourhome at the start of the tenancy areset out on pages 1 and 2.

9.2 The payment of rent and the othercharges set out on pages 1 and 2 isdue in advance on Monday each week.You must pay on time.

9.3 There will be four "non-payment"weeks in each rent year and we will tellyou at the start of each rent year whenthey will be. The new rent year beginson the first Monday in April each year.

9.4 If you are a joint tenant, you areresponsible for all the rent and for anyrent arrears. We can recover all rentarrears owed for your home from anyindividual joint tenant. So if one jointtenant leaves, the remaining tenant ortenants are responsible for any rentthat may still be owed.

10 Payment of Arrears

If you owe any rent arrears and/orother charges to the Council when thistenancy is granted, you agree to repaythose arrears and/or charges to us bythe weekly instalments shown onpages 1 and 2. If you do not make thepayments, we may start courtproceedings to end this tenancy.

Tenancy Conditions

Part 1: General terms

1 Definitions

1.1 In this tenancy agreement the followingterms shall have the followingmeanings:

Council means Conwy CountyBorough Council,

Occupant means any person living atyour home at any one time,

Partner means a spouse, civil partneror person with whom the tenant livesas if married (including same sexpartners), and

Tenants' Handbook means thehandbook we provide to you to helpyou understand your tenancy. This willbe updated from time to time soreference in this agreement will be tothe most recently published version atany time. The Tenants' Handbookdoes not form part of this tenancyagreement.

1.2 The words contained in this agreementreferring to or implying a single numberalso include reference to more than oneand vice versa.

1.3 Any reference in this tenancyagreement to an Act of Parliamentrefers to that Act as it applies at thedate of this agreement and any lateramendment or re-enactment of it.

2 About your tenancy agreement

This tenancy agreement makes you anassured tenant under the Housing Act1988. It means you keep your home foras long as you want it unless there is alegal reason for us to end the tenancy(called a "ground for possession") inthe Housing Act 1988, as amended anda court agrees with our request to takepossession of your home or to moveyou to another home.

3 Service of Notices

3.1 This condition gives you notice underSection 48 of the Landlord and TenantAct 1987 that our address for receivinglegal notices, and any othercommunication arising from thistenancy, is:

……………………………………………

……………………………………………..

……………………………………………

3.2 Any legal notice, or any othercommunication arising from thistenancy, shall be validly served on youif delivered to or left at the address ofyour home, your last known homeaddress or given to you (or in the caseof joint tenants, one of you) in person.

4 Alteration of conditions

Except for any changes in rent, servicecharge, Supporting People servicesand/or charges, or pursuant tocondition 12 below, or where permittedunder any future legislation, thistenancy agreement may be altered onlyby written consent of both you and us.

5 Right to consultation

We will consult you on mattersaffecting your home and your tenancybefore making changes in matters ofhousing management or maintenancewhich are likely to have a substantialeffect on your tenancy. For example,we will consult you about substantialmodernisation or improvement workthat is planned for your home or yourlocal area.

6 Right to information

6.1 You have a right to information aboutus, the terms of this tenancy, ourrepairing obligations, our policies andprocedures on tenant consultation,housing allocation and transfers, andour performance as your landlord.

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11 Changes in rent

11.1 Rent Guarantee

The rent guarantee period lasts fromthe start of this tenancy as set out onpage 2 until 31 March 2013 ("the RentGuarantee Period"). The RentGuarantee means that during the RentGuarantee Period we will increase yourrent each year by no more than therate of inflation plus £3 per week.After the end of the Rent GuaranteePeriod it is our intention to base ourannual rent reviews on the WelshAssembly Government's policy then in force.

The rate of inflation each year meansthe percentage change in the RetailPrices Index (All Items) over the 12month period ending with the date ofpublication of the figure for the RetailPrices Index for Septemberimmediately preceding the rentincrease date.

11.2 Increasing your Rent during the RentGuarantee Period

With effect from the first Monday in[April 2009] we may increase your rentby giving you not less than onecalendar month's notice in writing.This notice will specify the revised rent.

For the 2010, 2011, 2012 and 2013rent increases we may increase ordecrease your rent by giving you notless than one calendar month's noticein writing of the increase as required bySections 13 and 14 of the Housing Act1988. This notice will specify therevised rent unless we agree analternative figure with you or you referthe notice to a Rent AssessmentCommittee to have the market rentdetermined, in which case, themaximum rent payable for thefollowing year will be the rent sodetermined.

11.3 Increasing your Rent after the RentGuarantee Period

With effect from the first Monday in[April 2013] and each first Monday inApril thereafter, we may in accordancewith the provisions of sections 13 and14 Housing Act 1988 increase yourrent each year by giving you not lessthan one calendar month's notice inwriting of the increase . This noticewill specify the revised rent unless weagree an alternative figure with you oryou refer the notice to a RentAssessment Committee to have themarket rent determined, in which case,the maximum rent payable for thefollowing year will be the rent sodetermined.

11.4 The "Rent Assessment Committee" isan independent panel of people whodecide on the rent payable

12 Service Charges and other charges(where applicable)

12.1 We will not introduce new services forwhich tenants will be charged servicecharge unless a majority of the tenantsaffected agree. Similarly, thewithdrawal of a service will be effectedonly after we have discussed thematter fully with all tenants affected.

12.2 We shall provide the services set outon page 1 for which you shall pay aservice charge. These charges onlyapply to your home if an amount hasbeen entered against a service onpage 1.

12.3 With effect from the first Monday inApril after this tenancy is granted wemay (after consulting the tenantsaffected and subject to 12.1 above),increase, add to, remove, reduce orvary the services provided. We will onlydo this after giving you at least onecalendar month's notice in writing ofthe proposed change(s).

.

12.4 With effect from the first Monday inApril after this tenancy is granted wemay increase your service charge (if itapplies) at any time if we give you atleast one calendar month's notice inwriting but not more than once a yearunless there is a change in the servicesprovided.

12.5 Each year, we will estimate the sum weare likely to spend in providing servicesto you over the coming year. That willbe the service charge we will ask youto pay for the year.

12.6 At the same time, we will work out howmuch we have actually spent onproviding services for you in theprevious year. If we have overchargedyou, we will reduce your service chargefor the coming year. If we haveundercharged you, we will increaseyour new service charge.

12.7 We will give you a statement showingwhat is included in your servicecharge. When you receive yourcertificate you have the right, within sixmonths of receiving it, to examine theservice charge accounts, receipts andother documents relating to them andto take copies or extracts from them.We may make a small charge to coverthe cost of any copying.

12.8 We can only make reasonable servicecharges and the services we provide orwork we do must be of a reasonablestandard. If you believe that yourservice charge is unreasonable (interms of the amount charged orstandard of work) you may be able toapply to the Leasehold ValuationTribunal for a decision as to what isreasonable.

13 Rent arrears and advance payments

13.1 If when we grant you this tenancy, youhad made any advance rent payments(known as credits) or owe rent (orservice charge or Supporting People

charges) arrears for your home (or anyother property the Council let to you)we will:

a add the amount of any credit you have to your rent account (this is known as crediting your account), or

b add any arrears you have to your rent account (this is known as debiting your account).

13.2 For the avoidance of any doubt, bysigning this tenancy agreement, youare agreeing to pay any rent or servicecharge or Supporting People chargearrears that you owed to the Council atthe date of this tenancy to us insteadof to the Council. If you made anagreement with the Council to repayyour debt by instalments we willhonour that agreement as long as youcomply with it. If you do not complywith such an agreement or do not paywhat you owe, we may start courtproceedings to end this tenancy.

14 Outgoings

You agree to meet all outgoingsapplying to your home includingcouncil tax and electric and other utilitycosts whether metered or billed,except where these charges areincluded in your rent.

15 Supporting People charges (whereapplicable)

15.1 If we provide you with support services(indicated by a charge for 'SupportingPeople' services on page 1 or page 2of this tenancy agreement) then thoseservices may include the provision ofgeneral support and counselling inrelation to all or any of the following:

• maintaining the security of your home,

• maintaining the safety of your home,

• standard of conduct required,

• paying the rent,

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• maintaining your home in anappropriate condition,

• giving up the tenancy at theappropriate time,

• contact with others to ensure yourwelfare, and

• other support services (excludingpersonal care).

We may vary the support andcounselling fees at any time by givingyou at least one calendar month’snotice in writing of the new charge.We will usually do this when weincrease your rent and service chargeeach year and by giving you at leastone month’s notice in writing, but notmore than once a year unless there isa change in the services provided. Invarying the support and counsellingfees, we will limit any increase incharges for the support servicesprovided with reference to the level ofcharges approved by the Council in itscapacity as the Supporting PeopleAdministering Authority on behalf ofthe National Assembly for Wales.

15.2 We may, following an external reviewof the Supporting People Grant andafter consultation with you, cease toprovide the supporting people servicesourselves. In that event we will take allreasonable steps to ensure a smoothtransition for another support providerto provide the supporting peopleservices you currently receive.

15.3 If a support provider provides you withsuch support services as are listed incondition 15.1 above then you shall beresponsible for entering into a separateagreement with that service providerwith respect to the provision of thoseservices and to pay for that support inaccordance with that separateagreement and in addition to any rentor service charge which is payable inaccordance with this agreement.

15.4 You agree to accept the supportservices made available to you in orderto ensure the necessary standard ofindependence is achieved.

15.5 Where this tenancy is granted tofacilitate the provision of support toyou or a member of your household,the provision of support is fundamentalto this tenancy, and it shall beregarded as a breach of this tenancy ifyou withdraw from or breach thesupport agreement. In the event ofsuch withdrawal or breach we maytake steps to end the tenancy.

16 Housing benefit

16.1 We will provide you with help andadvice on claiming housing benefit.

16.2 You will be asked to give consent tothe Council (or relevant authority) forthe payment direct to us of anyhousing benefit (or equivalent stateassistance) which you may claim aspart or whole payment of the rent andany service charge due to us. We willcredit your rent account with theamount of benefit when we receive it.

16.3 If your circumstances (meaning yourincome or your family circumstances)change, altering your entitlement tohousing benefit, you must inform theCouncil (or relevant authority) and usimmediately. We may recover fromyou any overpayment which is lawfullyrecoverable.

Failure to pay the charges describedin Part 2 of this tenancy agreement,can lead to us taking courtproceedings against you forpossession of your home.

Part 3: Repairs and improvements

Our Responsibilities

We agree:

17 Repair of structure and exterior

17.1 drains, gutters and external pipes,

17.2 the roof,

17.3 outside walls, outside doors,windowsills, window catches, sashcords and window frames includingnecessary external painting anddecorating,

17.4 internal walls, floors and ceilings,doors and door frames, door hinges,door handles and skirting boards butnot including internal painting anddecoration,

17.5 chimneys, chimney stacks and fluesbut not including sweeping,

17.6 pathways, steps or other means ofaccess (front and rear),

17.7 plasterwork,

17.8 integral garages and stores, externalstores and outside WC

17.9 boundary walls, fences and gates

17.10 external lighting, door entry systems,communal alarms, communal aerialsand smoke alarms.

18 Repair of installations

To keep in good repair and properworking order any installation providedby us for space heating, water heatingand sanitation and for the supply ofwater, gas and electricity, including:

18.1 basins, sinks, baths, showers, toilets,flushing systems and water pipes,

18.2 electric wiring including sockets andswitches, gas pipes and water pipes,and

18.3 water heaters, fireplaces, fitted firesand central heating installations.

19 Other Repairs

To carry out other repairs for which weare responsible within a reasonabletime of you notifying us that the repairis required. We will publish timescaleswithin which different categories of

repair will be completed and willconsult with tenants before changingthese timescales.

20 Repair of common parts

To take reasonable care to keep thecommon entrance, halls, stairways,lifts, passageways, rubbish chutes,shared gardens, car parking, washingareas and any other common parts,including their electric lighting, inreasonable repair and fit for use by youand other occupiers of and visitors toyour home.

21 External decorations

To keep the exterior of your home andany common parts in a good state ofdecoration and normally to decoratethese areas once every 5 years.

22 Possession for repairs

22.1 There may be special circumstanceswhen we need to take possession ofyour home because it needs majorwork doing to it or even needs to bedemolished. If we need to move youout of your home permanently, we willoffer you another suitable alternativehome, and give you compensation orhelp with moving costs (or both)depending on your circumstances. Inassessing suitability, we will take intoaccount the size and location of theother home. If you refuse to move, wemay seek possession of your home.

22.2 In other circumstances it may benecessary for you to move out of yourhome temporarily while work is doneto it. Again we will offer you suitablealternative temporary accommodationand help you with moving costs.

22.3 If you agree to a temporary move wehave the right to take possession ofyour temporary home when the workon your home is finished.

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23 Inspection

We will carry out regular inspections toall properties. We have the right toinspect your property after giving youreasonable notice of at least 24 hours,save in a case of real emergency.

24 Insurance

We will insure the structure of yourhome including our fixtures andfittings. Your own fixtures and fittings,personal property and other things forwhich you are responsible are notinsured by us (except where loss ordamage is caused by our negligence).

Your Responsibilities

You agree:

25 Internal Decoration

To keep the interior of your home ingood, clean and tidy condition(including repairing and maintainingyour own fixtures and fittings), anddecorate the interior of your home asoften as is reasonably necessary, tokeep it in good decorative order. Youare responsible for carrying out minorrepairs such as replacing light bulbsand electric fuses, sweeping thechimneys, door bells, altering internaldoors to fit over carpets, repairing andmaintaining your own fittings, lostkeys, and replacing glass broken ordamaged by you, an Occupant(s) or avisitor to your home.

26 Damage

To make good any damage to yourhome or our fixtures and fittings or tothe common parts caused by you orany member of your household or anyvisitor to your house, fair wear and tearexcepted, and to pay any reasonablecosts reasonably incurred by us incarrying out such works if you do notdo so.

27 Repairs and Improvements

Not to make any improvements,alterations or additions to your homeor to any part of our fixtures andfittings therein or decorate the exteriorof your home, without our prior writtenconsent, which shall not beunreasonably withheld. Where consentis given, we may impose reasonableconditions, which must be met. Failureto do so would be a breach of thistenancy.

28 Reporting Disrepair

To report to us promptly any disrepairor defect in your home, the sharedparts or local area for which we areresponsible.

29 Access

29.1 You must allow our workers or peoplesent by us into your home atreasonable times and on reasonablenotice of at least 24 hours to undertakeinspections, carry out repairs,improvements and maintenance and toconduct the annual servicing of gasappliances. If you fail to allow usaccess to service the gas installationsyou will be in breach of your tenancyagreement and we will take courtaction against you which could result inyou losing your home and/or in liabilityto us for the legal costs of the case.

Never let anyone in without seeingsome official identification. All ouremployees carry an official ID cardbearing their photograph and name.If you are in doubt please contactyour local area office during officehours or the emergency number atother times. These numbers are inthe Tenants' Handbook.

29.2 In emergencies, we may need accessimmediately to your home. If you denysuch access it may be necessary forus to force entry in order to take stepsto protect people or to protect propertyfrom serious damage

30 Insurance

You are responsible for insuring yourhousehold contents, fixtures andfittings belonging to you and yourpersonal property. Details of anoptional Tenants Contents InsuranceScheme can be found in the Tenants'Handbook.

Your Rights

31 Right to make improvements

31.1 You may make improvements,alterations and additions to your homeincluding putting up a television aerial,erecting a shed, removing or altering afence or garden wall, externaldecoration and additions to, oralterations in, our installations, fixturesand fittings, provided that you havefirst obtained our prior written consentand all other necessary approvals (forexample, planning permission orbuilding regulations approval). Ourconsent must be sought if you wish toreplace carpet with a hard flooring andconsent will not be given where weconsider that use of such flooringcould create noise which would disturbor annoy your neighbours.

31.2 We shall not unreasonably withhold ourconsent but may make it subject toconditions such as the works beingcarried out to a certain standard.Failure to seek our consent or tocomply with our conditions shall be abreach of your obligations under thistenancy.

32 Compensation for improvements

You have the right to claimcompensation for certainimprovements which you have made toyour home after a certain date. Youcan only apply for compensation whenyour tenancy ends. We will give youfull details of the scheme and thequalifying improvements upon request.

33 Right to repair

33.1 You have the right to have certainurgent minor repairs done quicklywithin a specified time scale and at nocost to you where the repair may affecthealth, safety or security, and wherethe repair has not been completedwithin a specified timescale. We willgive you full details of the right torepair scheme including a schedule ofqualifying repairs upon request. Underthe right to repair scheme, we mustpay you compensation if qualifyingrepairs are not done within settimescales.

33.2 You also have the right, if the specifiedrepairs are not completed within thespecified timescales, to inform us ofyour intention to appoint an alternativecontractor.

33.3 Details of the right to repair scheme,including a schedule of qualifyingrepairs and the specified timescales forcarrying out these works are availableon request.

Part 4: Using your home


34 Possession

34.1 We agree to give you possession ofyour home at the start of the tenancy.

34.2 If you live in a property that has beenadapted for disabled use, and theadaptations are no longer used byanybody living in the property, we mayask you to move so we can offer theproperty to a family who need disabledfacilities. We only do this in veryexceptional cases (for example, if theproperty is needed by an elderly ordisabled person who has nowheresuitable to live) and we will offer yousuitable alternative accommodation. Ifyou refuse to move, we may seekpossession of your home.

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34.3 If you do not use your home as youronly or principal home, or if you do nottell us when you will be absent fromyour home for more than a month, wemay start proceedings to end yourtenancy. You must advise us if youintend to be absent from your home formore than a month, otherwise we maythink that you have abandoned yourhome.

35 Tenants' right to occupy

• after giving reasonable notice inaccordance with condition 29 above,we reasonably require access toundertake inspection, improvements,repair or maintenance work, or

• we are entitled to possession at theend of the tenancy.


You agree as follows:

36 Possession

To take possession of your home atthe start of your tenancy and not partwith possession of your home or sub-let the whole of it.

37 Rent

To pay the rent and (if applicable) rentarrears, service charge, SupportingPeople charge and other chargesweekly and on the terms set out incondition 9.2.

38 Use of your home

To use your home for residentialpurposes and as your only or principalhome and not operate any business ator from it without our written consent(not to be unreasonably withheld). If wegive our consent to run a businessfrom your home, we may regularlyreview our decision. We will withdrawpermission if your business causes anuisance or damage to property. Ourpermission may also be given subjectto reasonable conditions which youmust comply with. Failure to do so will

be a breach of your tenancy.

39 Assignment

Not to assign (meaning transfer to someoneelse) the tenancy except:

• when a court orders you to do so

• with our written consent when you areexercising the right to exchange set outin condition 65

• where you are passing on your tenancyto someone who could have taken itover if you had died, under condition 56

40 Overcrowding

Not to allow more than the number ofpersons shown on page 2 to live atyour home

41 Nuisance

We will not tolerate anti-socialbehaviour. Such behaviour is in breachof tenancy and we have the right toapply to the court for an injunctionand/or take court action for possessionor demotion of your tenancy to onethat is less secure. We will useAcceptable Behaviour Contracts andwork in partnership with North WalesPolice to obtain and serve Anti SocialBehaviour Orders where necessary.

You are responsible for the behaviourof yourself, your family, lodgers livingwith you and visitors to your homewhilst they are in your home, in anycommunal areas or on surroundingland.

You, any Occupant or any visitor toyour home shall not do or cause orpermit to be done in, or in the vicinityof your home anything which may be anuisance or annoyance or causedistress, alarm or harassment to yourneighbours, or to any of our tenants,agents, employees or contractors. Forthe purpose of illustration only, actslikely to cause harassment, nuisance,annoyance, distress or anxiety mayinclude the following:

Violence, or the threat of violence,intimidation, vandalism, abusivebehaviour, excessive drunkenness,interference with, damage, or threats ofdamage to a person's home or otherproperty, the writing of graffiti,excessive noise or disturbance,malicious complaints or writtenmaterial, persistent dog barking, dogfouling in communal or public areas inthe vicinity of your home, stonethrowing, rubbish dumping, playing ballgames too close to someone's home.

42 Racial and other harassment

Neither to commit, nor to allowmembers of your household or invitedvisitors to commit, any harassment, orthreat of harassment, on any groundincluding on grounds of race, colour,religion, sex, sexual orientation ordisability that may interfere with thepeace and comfort of, or cause offenceto, other persons in the neighbourhoodor to any of our tenants, employees,agents or contractors.

43 Domestic Violence

You must not inflict violence orthreaten violence against your partner,your children, your partner's children orany other person living in your home. Ifyou do and your partner leaves yourhome because of violence or threats ofviolence and does not return, we havethe right to apply to court forpossession of your home.

44 Noise

Not to make or cause or permit to bemade or to be heard outside yourhome at any time any noise so loudthat it causes a nuisance or annoyanceto other persons in the neighbourhood

45 Illegal activity

Not to use your home, or communal orsurrounding areas, nor allow them tobe used, for illegal or immoral

purposes (including the use, sale orcultivation of illegal drugs, prostitution,firearms offences or storing stolengoods).

46 Condition of your home

46.1 To keep your home in a clean andorderly condition and properly heatedand aired at all times.

46.2 To take all reasonable precautions toensure that your home is maintained ingood condition and in a good state ofinterior decoration, fair wear and tearexcepted, and free of vermin.

46.3 To ensure that all rubbish andunwanted household items aredisposed of in a safe and hygienicmanner. Neither you nor any Occupantnor any visitor to your home mustthrow anything from the windows,balconies or walkways at or in thevicinity of your home.

46.4 Not to store rubbish in communalareas.

46.5 To report any rodent or insectinfestation to us immediately.

46.6 You must take all reasonableprecautions for the prevention ofdamage to your home by fire or floodor the bursting of water pipes. Youshall bear the cost of any disinfectionand cleansing or of dealing with rodentor insect infestation as may beconsidered necessary by us or anyrelevant authority if and to the extentthat such infestation has been causedby any act or neglect on the part of youor any Occupant.

46.7 Not to store any quantity ofinflammable material or gas in theproperty except where it is reasonablyneeded for domestic use in which caseit must be stored safely.

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47 Animals

You are permitted to keep dogs, catsor caged birds at your home providedthat the number you keep is areasonable number as determined byus. Please refer to the Tenants'Handbook for details of our policy inthis respect. It is a condition of ourpermission to keep such animals thatthe animals do not cause a danger,nuisance or annoyance to any personand that you do not let any dogs foulthe communal or public areas in thevicinity of your home. Permission willbe withdrawn if this condition isbreached and breach of this conditionis also a breach of your tenancy.

We have the right to prohibit thekeeping of certain pets at individualhomes such as flats or shelteredaccommodation where it is reasonablefor us to do so.

48 Gardens and other structures (whereapplicable)

48.1 To keep any garden including hedgesat your home in a cultivated, neat andtidy condition and not plant or removeany trees or hedges without our priorwritten consent (not to beunreasonably withheld). Our consentmay be subject to reasonableconditions which you must complywith. Failure to do so will be a breachof your tenancy.

48.2 Not to erect any shed, greenhouse,pigeon loft, aviary or other structure inyour garden without our prior writtenconsent (not to be unreasonablywithheld). Our consent may be subjectto reasonable conditions which youmust comply with. Failure to do so willbe a breach of your tenancy.

48.3 Not to alter or remove the path orsteps to your front or back doorwithout our prior written consent (notto be unreasonably withheld). Our

consent may be subject to reasonableconditions which you must complywith. Failure to do so will be a breachof your tenancy.

48.4 Not without our prior written consent(not to be unreasonably withheld) toerect any wireless, television aerial,satellite dish, or any other structure ormonument nor make any addition to oralteration to your home. Our consentmay be subject to reasonableconditions which you must complywith. Failure to do so will be a breachof your tenancy.

49 Not to carry out or permit to be carriedout at your home any work for thepurpose of affording your home asupply of any heat, power, light orenergy, except in such a manner as wemay have previously approved inwriting. Any work carried out shall bemaintained by you to our reasonablesatisfaction.

50 Communal areas (where applicable)

50.1 You must respect the communal areasand not damage or deface the fixturesand fittings or the fabric of the buildingor surrounding areas or the decorationof the communal areas or cause orpermit any Occupant or visitor to yourhome to do so.

50.2 No rubbish shall be left upon any partof the entrance, staircase or landing.There must be no excessive noise in orabout the entrance, staircase orlanding at any time. The entrance,staircase or landing shall not be usedfor any purpose other than of approachto and exit from the premises.

50.3 All passages, staircases and landingsmust be kept clear of prams, bicyclesor any other obstruction and doors tocommunal areas must be kept closedat all times.

51 Roadways and vehicle parking

51.1 Not to block local roadways and othervehicular access, and to keep them,and car parking spaces, clear ofunroadworthy or illegal (includinguntaxed) vehicles and otherobstructions. You, Occupants orvisitors to your home must not parkanywhere that could obstructemergency services or on communalareas not designated for parking.

51.2 Not to park vehicles anywhere on yourproperty except on a hardstanding (adriveway or paved area intended forparking). You must not park a caravanor motor home on the garden,driveway, paved area around yourhome or on any communal parkingareas without our prior written consent.We shall not unreasonably withhold ourconsent but we may make consentsubject to reasonable conditions and itwill be a breach of your tenancy if youfail to comply with such conditions.

51.3 You, Occupants or visitors to yourhome must not do major car repairs orpark any vehicle on the land aroundyour home, for example, grass, verges,greens, footpaths, hardstandings orcar parking bays. Minor car repairsmust not cause a nuisance orannoyance to your neighbours.

Your Rights

Your have the following rights:

52 Right to occupy

52.1 You have the right to occupy yourhome without interruption orinterference from us for the duration ofthis tenancy (except for the obligationcontained in this tenancy agreement togive access to our employees orcontractors).

52.2 Your right to occupy your home is atrisk if you do not comply with theterms of this tenancy agreement orhave proper respect for the rights of

other tenants and other persons in theneighbourhood.

53 Tenure (Your right to keep yourtenancy)

53.1 You shall remain an assured tenant solong as you occupy your home as youronly or principal home.

53.2 We can end a periodic assured non-shorthold tenancy only by obtaining acourt order for possession of yourhome on one of the grounds listed inSchedule 2 to the Housing Act 1988.We may also apply for a demotionorder under Sections 6A and 20B ofthe Housing Act 1988 (as amended bythe Anti-Social Behaviour Act 2003).

53.3 If we intend to seek a demotion orderwe will give you two weeks' notice inwriting unless the court has allowed usto go ahead without serving notice onyou.

53.4 If we intend to seek possession of yourhome, as long as this tenancy has notbeen demoted, we will give you fourweeks' notice in writing unless:

• we are using grounds 14 or 14A whenthe notice may be less than 4 weeks, or

• we are using grounds 7, 9 or 16 whenwe will give 2 months' notice, or

• the court has allowed us to go aheadwithout serving notice on you.

53.5 We agree that, unless this tenancy hasbeen demoted, we will only serve anotice (or ask the court to allow us togo ahead without serving notice) andseek possession of your home on thegrounds and in the circumstances setout under "Grounds for Possession" inPart 6 below

53.6 If this tenancy has been demoted, wemay ask the court to make apossession order under otherprovisions of the Housing Act 1988.These give the court limited rights torefuse a possession order.

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53.7 As well as seeking a possessionand/or a demotion order, we can askthe court for an injunction, which mayinclude a power of arrest and anexclusion order to make you complywith or stop breaching any terms ofthis tenancy or where you use yourhome for unlawful use. We may alsoapply for an injunction against anindividual who engages in anti-socialbehaviour.

54 Cessation of assured tenancy

If the tenancy ceases to be anassured tenancy we may end thetenancy by giving you four weeks'notice in writing.

55 Right to take in lodgers and sub-letpart of your home

55.1 You may take in any persons aslodgers as long as you do not grant asub-tenancy or exceed the number ofpeople allowed to live in your home(see page 2).

55.2 As long as you first get our writtenconsent, you may sublet part (but notthe whole) of your home. We shall notunreasonably withhold our consentbut we may give consent subject toreasonable conditions, which must becomplied with. Failure to comply willbe a breach of your tenancy.

56 Succession – general

56.1 If you die, certain people, who arespecified in this condition 56, maysucceed to this tenancy. This will notapply if you have already succeededto this tenancy (either under thiscondition in this tenancy or similarsuccession conditions in a previoustenancy which we granted).

56.2 If you were granted this tenancy onthe transfer of your home from theCouncil to us, we will not takeaccount of any successions beforethe date of the transfer.

56.3 We will normally only allow onesuccession. Transfer of the tenancyfrom joint tenants to one of thetenants' sole name is treated as asuccession.

56.4 If your home is larger than the needsof the successor, the successor maybe offered more suitable alternativeaccommodation (unless the successoris your Partner). If your home hasbeen adapted for an elderly ordisabled person and the successor isnot elderly or disabled, the successormay be offered more suitablealternative accommodation. In eithercase, if the offer of an alternative,more suitable home is declined, wewill take court action to recoverpossession of your home.

56.5 People entitled to succeed to thistenancy

56.5.1 If you are a joint tenant and you diethen the tenancy may continue in thename of the remaining tenant.

56.5.2 If you are not a joint tenant and youdie, the tenancy may pass to yourwife, husband, civil partner or partner(this includes same sex couples)provided he or she lived with you inyour home as their principal or onlyhome at the time of your death.

56.5.3 If you are not a joint tenant and youdo not have a wife, husband, civilpartner or partner, (this includes samesex couples) who lived with you inyour home as their principal or onlyhome immediately prior to your death,the tenancy may pass to a member ofyour family who lived with you in yourhome (as their principal or only home)for at least twelve months prior toyour death. A member of your familymeans a parent, child, grandparent,grandchild, brother, sister, aunt, uncle,nephew or niece, including suchrelationships arising by marriage,adoption, step-relationships and half-blood relationships.

An illegitimate child shall be treated asthe legitimate child of his mother andreputed father.

56.5.4 If more than one member of yourfamily has a right to the tenancy theyshould agree who will claim it. If theycannot agree, they should all make aclaim to us in writing within 3 monthsof your death and we will decide towhom we will offer the tenancy. Wewill advise who the successfulclaimant was to everyone who makessuch a claim.

57 Preserved right to buy

57.1 As long as you qualify under thelegislation, you have the preservedright to buy your Home under theHousing Act 1985 and the Housing(Preservation of Right to Buy)Regulations 1993 as amended.

57.2 If you were an Introductory Tenant ofthe Council immediately before webecame your landlord, we will giveyou a right to buy your home as far aspossible on the same terms as thepreserved right to buy.

57.3 If you die, the person who takes overthe tenancy under the successionrights in condition 56 above will alsotake over your preserved right to buy(if you had that right).

57.4 You will not be able to exercise thepreserved right to buy your home ifyou live in sheltered housing, or otherhousing excluded from this right bylegislation.

57.5 To avoid doubt, if you became thetenant under this tenancy as a resultof an exchange (under condition 65below), you do not have a preservedright to buy unless you had that rightalready under a previous tenancywhich we granted to you.

58 Right to acquire

You have the right to acquire yourhome under the Housing Act 1996,unless you live in sheltered housing orother housing excluded from this rightby legislation.

Part 5: Leaving your home andending your tenancy


59 We will inspect your property when youend your tenancy. You will be chargedfor any repairs or decoration you wereresponsible for but have not carried outor not done to a reasonable standard.

We accept no responsibility foranything you leave at the property atthe end of your tenancy. We maydispose of anything you leave after 28days.


You agree:

60 Ending the Tenancy

To give us at least four weeks’ noticein writing ending on a Sunday whenyou wish to end the tenancy.

61 Moving out (leaving your homeempty)

61.1 Not to leave anybody else living in yourhome when you move out.

61.2 To leave the property, our fixtures andfittings and any furnishings we haveprovided in good lettable conditionand repair (subject to fair wear andtear). You will be liable to pay for anyrepair or replacement if this conditionis not complied with.

61.3 Not to leave any of your belongings,rubbish or other debris behind. We donot accept any responsibility foranything you leave at your home at theend of the tenancy.

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62 You will be responsible for meeting allreasonable removal and/or storagecharges when items are left at yourhome at the end of your tenancy. Wewill remove and store them for amaximum of one month. We willnotify you at your last known address.If the items are not collected withinone month you agree that we maydispose of the items and you will beliable for the reasonable costs ofdisposal. If the items are of any value,you agree that we may sell them andapply the proceeds of sale to meet ourreasonable costs of disposal and/or toreduce any other debt such as rentarrears you owe us.

63 To pay for repair or replacement ifdamage has been caused deliberatelyor by your own neglect.

64 You shall remove any improvements oralterations you have made without ourwritten consent. You must returnyour home to how it was before youmade these improvements oralterations. If you do not, we may doso and charge you for the work wehave done

65 Right to exchange

65.1 You have the right to exchange yourhome and this tenancy by way ofassignment with that of anotherassured periodic tenant of anotherregistered social landlord or a securetenant of a local authority subject tofirst getting our written consent.

65.2 We will only withhold consent in thesame circumstances as a councillandlord would be able to and it willnot be unreasonably withheld.

65.3 You must not charge any premium inrelation to an exchange of your homeand this tenancy.

65.4 If you exchange your home without ourwritten consent we may take legalaction to evict you.

66 Transfer

You have the right to apply to move toanother one of our homes. You willhave to go on the housing waiting listand your right to transfer will beconsidered against the rules set out inour allocations policy.

Part 6: Grounds for possession

Under Schedule 2 of the Housing Act1988 –"Grounds for Possession ofDwelling-houses let on AssuredTenancies", we may take possession ofyour home if one or more of theGrounds are met:

Part I – Grounds on which Court mustOrder Possession

Ground 7

The tenancy is a periodic tenancy(including a statutory periodic tenancy)which has devolved under the will orintestacy of the former tenant and theproceedings for the recovery ofpossession are begun not later thantwelve months after the death of theformer tenant or, if the court so directs,after the date on which, in the opinionof the court, the landlord or, in the caseof joint landlords, any one of thembecame aware of the former tenant'sdeath.

For the purposes of this ground, theacceptance by the landlord of rent froma new tenant after the death of theformer tenant shall not be regarded ascreating a new periodic tenancy, unlessthe landlord agrees in writing to achange (as compared with the tenancybefore the death) in the amount of therent, the period of the tenancy, yourhome which are let or any other term ofthe tenancy.

We will only seek to recoverpossession of your home on thisground pursuant to conditions 56 to 58.

Part II - Grounds on which Court mayOrder Possession

Ground 9

Suitable alternative accommodation isavailable for the tenant or will be available forhim or her when the order for possessiontakes effect.

We will only seek to recover possession ofyour home on this ground if in addition wecan show that:

a we intend within a reasonable time ofobtaining possession to demolish,reconstruct or refurbish your homeand/or the building of which your homeforms part or an adjoining or adjacentbuilding and cannot reasonably do sowithout obtaining possession, or

b your home has features which aresubstantially different from those ofordinary homes which are designed tomake them suitable for occupation by aphysically disabled person whorequires accommodation of a typeprovided by your home and no personresiding in your home any longer doesso and we require your home foroccupation by such a physicallydisabled person, or

a your home is one of a group of homeswhich it is our practice to let foroccupation by people with specialneeds and a social service or specialfacility is provided near to the group ofhomes in order to help people withthose special needs, and no otherperson with those special needs anylonger resides in your home and werequire your home for occupation by aperson who has those special needs,or

d your home is overcrowded (within themeaning of Part X of the Housing Act1985) in such circumstances as torender the occupier guilty of anoffence, or

e it was an alternative home madeavailable to you on a temporary basisso that works could be carried out toyour home on the understanding thaton completion of the works you wouldmove back into your home. The workshave been completed and you havefailed to return to your home.

Ground 10

Some rent lawfully due from the tenant:

f is unpaid on the date on which theproceedings for possession are begun,and

g except where subsection (1)(b) ofsection 8 of this Act applies, was inarrears at the date of the service of thenotice under that section relating tothose proceedings.

Ground 12

Any obligation of the tenancy (otherthan one related to the payment ofrent) has been broken or notperformed.

Ground 13

The condition of the dwellinghouse orany of the common parts hasdeteriorated owing to acts of waste by,or the neglect or default of, the tenantor any other person residing in thedwellinghouse and, in the case of anact of waste by, or the neglect ordefault of, a person lodging with thetenant or a sub-tenant of his, thetenant has not taken such steps as heought reasonably to have taken for theremoval of the lodger or sub-tenant.

For the purposes of this ground,"common parts" means any part of abuilding comprising the dwellinghouseand any other premises which thetenant is entitled under the terms ofthe tenancy to use in common with theoccupiers of other dwellinghouses inwhich the landlord has an estate orinterest.

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Part K NotesThe proposed tenancy agreement

Ground 14

The tenant or a person residing in or visitingthe dwellinghouse has been:

(a) guilty of conduct causing or likely tocause a nuisance or annoyance to aperson residing, visiting or otherwiseengaging in a lawful activity in thelocality, or

(b) convicted of using the dwellinghouseor allowing it to be used for immoral orillegal purposes, or an indictableoffence committed in, or in the localityof, the dwellinghouse

Ground 14A

The dwellinghouse was occupied (whetheralone or with others) by a married couple, acouple who are civil partners of each other, acouple living together as husband and wifeor a couple living together as if they were civilpartners and:

h one or both of the Partners is a tenantof the dwellinghouse,

i the landlord who is seekingpossession is a registered sociallandlord or a charitable housing trust,

j one Partner has left the dwellinghousebecause of violence or threats ofviolence by the other towards,i that Partner, or

ii a member of the family of that Partner who was residing with that Partner immediately before the Partner left, and

d the court is satisfied that the Partnerwho has left is unlikely to return.

For the purposes of this ground "registeredsocial landlord" and "member of the family"have the same meaning as in Part I of theHousing Act 1996.

Ground 15

The condition of any furniture provided foruse under the tenancy has, in the opinion ofthe court, deteriorated owing to ill-treatment

by the tenant or any other person residing inthe dwellinghouse and, in the case of ill-treatment by a person lodging with thetenant or by a sub-tenant of his, the tenanthas not taken such steps as he oughtreasonably to have taken for the removal ofthe lodger or sub-tenant.

Ground 16

The dwellinghouse was let to the tenant inconsequence of his employment by thelandlord seeking possession or a previouslandlord under the tenancy and the tenanthas ceased to be in that employment.

For the purposes of this ground, at a timewhen the landlord is or was the Secretary orState, employment by a health service body,as defined in section 60(7) of the NationalHealth Service and Community Care Act1990, shall be regarded as employment bythe Secretary of State

Ground 17

The tenant is the person, or one of thepersons, to whom the tenancy was grantedand the landlord was induced to grant thetenancy by a false statement madeknowingly or recklessly by:

k the tenant, or

l a person acting at the tenant'sinstigation.

Part 7: Grounds for possession thatwe will not use

This is a summary of the grounds for seekingpossession of your home that we will notuse. They are all contained in Schedule 2 ofthe Housing Act 1988:

Grounds 1,2, 3, 4, 5, 6, 8 and 11.

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Notes

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