Back in April 2011 the then Conservative housing minister at the Department for Communities and Local Government (DCLG) introduced a new tenant housing management scheme called the Tenant Cash Back Scheme. This is part of the broader Community Cashback scheme. Click HERE to read what the housing minister had to say about the scheme (April 2011).
The scheme is about tenants taking on small scale housing repairs and maintenance services from their landlord.
In July 2013 we hear that the first tenant cash back scheme has been started in Camden by the Russell Chambers Residents Association HERE
" Camden Council has agreed to pay the group what it would normally cost to run this part of the service and has signed a Cashback Agreement with the group to formalise the delivery of the service in the longer term."
Council tenants legal Right to Manage stems from section 27 of the Housing Act 1985 HERE.
The Housing (Right to Manage) Regulations 1994 HERE prescribed how tenants where to legally go about taking on housing management functions.
[updated 2 Sept 2021] I missed the Statutory Guidance for the 2012 Right To Manage regulations of Dec 2013 found on the Governments website HERE
In June 2011 the Camden Association of Street Properties (CASP) and the council colluder's entered into an housing management agreement to provide, not an existing service, but a new service for targeted tenants who live in council street properties. Click HERE for casp write up on the gardening project.
Why no above board and open management agreement with CASP or indeed the DMC's who CASP get money from to carry out the gardening maintenance service? Some dmc members also run community halls based on/near the estate they live in. They are for use of all the community but are paid for from the housing revenue account.
According to Camden councils website HERE there are 6 TMO groups in Camden
- Abbey Road housing co-op
- Agar Grove Tenant Management co-op limited
- Chalk Farm housing group
- Carol street housing co-op
- Godwin and Crowndale housing co-op
- St Pancras Court housing co-op
A few years back I asked Camden council via the FoI Act what legal powers/legislation they where using to fund the 5 dmc's - or words to that effect and I was informed that it was the wel-being powers within Local Government Act 2000 HERE.
I also asked:
" Dear Camden Borough Council,
Please provide me with the following information:
1. A copy of the initial and subsequently updated agreement/s the
council entered into with the five district management committee's
(dmc's) - Holborn, Camden Town, Kentish Town, Gospel Oak and
Hampstead - that enables dmc members to allocate large sums of
public funding to council tenant groups in Camden.
2. The legal status of the 5 dmc's "
To which I was sent information I didn't ask for.
After another try I was informed
"with hindsight, the HASC might have advised you that there are quarterly reports that touch up the monitoring and accounting aspects of the DMC's".
I have since found out that the accounting aspects in the dmcs agreement amounts to dmc members not having to produce annual accounts for even their own members let alone other tenants to see, and not having to give the council the accounts either.
Another FoI request informs
"The DMC's have access to funds but they are not entitled to spend them directly. Instead the DMC's make recommendations on how the money that has been allocated to them should be spent. The decision making in terms of spending the money is then taken by Council Officers"
Update 25 Feb 2016
In regards to the above quote, dmc members do get sent cheques to spend on some works/goods/services as stated in some officers reports (not at hand right now).
Tenants don't have to belong to a TRA to access works etc and can ask the housing ward /officer to make a bid on their behalf [for communal works]. Some housing officers will mislead though and claim otherwise.
23 Sept 2022
The new Director of Housing report to the Housing Scrutiny committee[5 Sept 2022 HERE] agenda item 11 Resident engagement and consultation in housing services pdf 945 KB
in regards to Tenants Right to Manage, the sub title Involvement and empowerment
3.30 "In terms of empowerment, in accordance with regulation the Council have
supported tenants to exercise their Right to Manage or otherwise exercise
housing management functions. For example, there are five Tenant
Management Organisations (TMOs). These are resident Committees who
employ their own staff and deliver some landlord services under a
management agreement with Council supervision and support."
the bottom of the report:
" 7 FINANCE COMMENTS OF THE EXECUTIVE DIRECTOR CORPORATE
SERVICES
7.1 The Executive Director, Corporate Services has been consulted and has no
further comment to add.
8 LEGAL COMMENTS OF THE BOROUGH SOLICITOR
8.1 The Borough Solicitor has been consulted and has no further comment to
add.
REPORT ENDS"
The report omits the name of the Regulation the council relies upon for them to support tenants to legally " exercise their Right to Manage or otherwise exercise housing management functions"
There is other legislation - specifically aimed at Leaseholders such as the Commonhold and Leasehold Reform Act 2002 HERE to take on management functions of theirs homes.
In regards to this post I mean tenants who rent, who seem to be the majority of tenants on the DMC's/ CASP.
9 March 2024
Near the start of this posting I mentioned that "Council tenants legal Right to Manage stems from section 27 of the Housing Act 1985 HERE. " and below
" [F227Management agreements.
1) A local housing authority may agree that another person shall exercise in relation to—
(a)such of the authority’s houses as are specified in the agreement, and
(b)any other land so specified which is held for a related purpose, such of the authority’s management functions as are so specified.
(2)In this Act—
(a)“ management agreement ” means an agreement under subsection
(1) or a sub-agreement, and
(b)“ manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
(3) A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
(4) An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the [F3appropriate Minister].
(5) A management agreement may—
(a) include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
(b)where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.
