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DWA Housing Digests (One Of A Series)

 

Housing Stock Transfer
The Offer Document & Tenants' Ballot
   

The Government expects every Council to publish details of any transfer offer in a Formal Notice. The is called the Formal Consultation Document but is more commonly known as the Offer Document.
   
Every tenant should have a copy of the Offer Document for at least 28 days before the Council asks them to vote on the transfer proposals.
   
The Offer Document should give tenants details about:
   
  • The reasons for proposing the transfer
  • The basic facts about the proposed transfer (including which homes are included in the transfer)
  • The Assured Tenancy Agreement
  • The proposed new landlord (including the name of the landlord and details of Board members)
  • The proposed repairs and improvement plans (including timescales for delivering improvements)
  • Rents and service charges after transfer
  • Management standards (including who would deliver services and carry out repairs work)
  • Arrangements for tenant representation, consultation and participation after transfer
  • Tenants' rights after transfer
There should also be a reply slip so that tenants can comment on the proposals.
   
Once tenants have had a chance to read the Offer Document and send back their reply slips, the Council must send a formal letter to every tenant telling them if there are any major changes to the Offer Document and letting them know that they have another 28 days to send any objections to the transfer to the Secretary of State. This letter is called the Stage 2 Notice.
 
The Secretary of State will not allow a Council to transfer tenants' homes if he believes that the majority of tenants are opposed to the transfer. This is why Councils usually hold a vote at the same time as the Stage 2 Notice is in force. The Government expects Councils to work with independent organisations - such as the Electoral Reform Ballot Service - to run the vote.
 
If the majority of those voting vote yes, a transfer would normally happen about 6 months later. The details set out in the Offer Document would form a binding contract with the new landlord.
 
If the majority of those voting vote no, the Secretary of State would not allow the transfer to go ahead.