I work for a medium-sized council working towards a ballot of our tenants for stock transfer. We are working up a TUPE list of staff and have a dilemma. There is an organisation that manufactures PVCu window frames that is linked to the council and supported by social services; all staff employed there are paid employees of the council. We want to transfer this service with us to our new housing company, but are being told that doing this would be in breach of EU tendering rules. We have enquired with other transfer organisations and they have confirmed that they did transfer such a service without breaching the tendering rules. Can you please advise?
When councils transfer stock, linked organisations that do, for example, maintenance, transfer to the new registered social landlord.
However, and I think this may be where the EU tendering rules come in, the council cannot guarantee to buy its products in the future because if the purchasing contracts are over the EU limit the council would have to tender this work. Similarly, the new RSL might have issues in guaranteeing it work as the Housing Corporation will expect it to get best value for its tenants.
Catherine Hand
Partner at solicitor Jenkins & Hand
Should I get a lawyer?
I am a council tenant and I would like to exercise the right to buy. Last year, a suspended possession order was imposed on the property. At the time, I was living with my wife, but we have since separated and she was given another council property. I have cleared the arrears that were on our property and I went to court to have the suspended possession order removed. The judge informed me that it is not a straightforward procedure and that I might need to have a lawyer. My wife has been able to buy her property despite the fact that the arrears was incurred while we were living together. I really don't know what to do. What's your advice?
You should get legal advice as soon as possible. If you were in breach of the suspended possession order, you may have lost the right to buy since your tenancy and all rights associated with it will have ended at that point.
Under the 1985 Housing Act, you can apply to the court to rescind or discharge the order on the basis that the arrears have been cleared. This would have the effect of reviving the tenancy and thereby enable you to exercise the right to buy. This is what you appear to have done.
However, this is not straightforward, particularly if you were previously in breach of the order. I suspect this is why the district judge told you to get a lawyer. Depending on your means, you may be entitled to public funding. Go to your local Citizens Advice Bureau and they will be able to direct you to a suitable solicitor.
Nick Billingham
Partner and head of housing management litigation at law firm Devonshires
We can help with seaside move
In response to the letter in Think Tank on 29 August (page 29) regarding moving to the seaside: landlords often insist on some sort of local connection before considering applications for high-demand areas through the HOMES Mobility Scheme.
However, tenants and applicants can also check the Available Homes website at www.availablehomes.org.uk. It advertises empty properties throughout the UK as well as shared ownership options and more than 50,000 mutual exchanges through the Homeswap Scheme. Tenants can now register online for Homeswap and do their own matching on the internet. All properties advertised on the site are linked to the local information website www.upmystreet.com, which provides useful information on what different areas are like to live in.
HOMES' customer services team also provides advice and information on the options available. Email us at customer.services@homes.org.uk or call us on 0845 080 1089.
Jo Ashley
HOMES operations manager
Source
Housing Today
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