Consultation process
The most important issue is to ensure that the needs and desires of tenants are met throughout the process, and that tenants are consulted at every possible stage. Our advice in relation to consultation material is based on this premise. We provide advice and guidance on all statutory requirements and timescales throughout the formal consultation with tenants.
The offer document itself is a key component of the entire transfer process. It establishes an important contractual nexus between the Council, the new RSL and tenants by setting out all promises to be carried out and all obligations to be performed by the new RSL as the new landlord of the housing stock.
The offer document consolidates all of the work, especially in terms of communication with tenants, that has already taken place and shows tenants that their views have been heard. Our role is to review the offer document to ensure that this has been done.
We have extensive experience in drafting offer documents and have compiled a large bank of precedents.
We work with all consultants working in this field including lead consultants, tax advisers, independent tenant advisers and communications consultants. We are committed to partnership working with other consultants and co-ordinate our work with them ensuring our clients' needs are met in full.
We see the communications strategists and independent tenant advisers as being a central part of the pre-ballot phase, because of their direct links to tenants, and believe that it is vital that we establish links with them. By doing this we can ensure that we understand tenants' needs and desires and are able to take these into account when advising the Council.
Stock transfer post ballot
We have provided the legal advice on the post ballot process in numerous LSVTs. We provide advice on the all necessary issues including, but not limited to, the following:
- the transfer contract/agreement
- contract for the sale of the housing stock
- short term agreements for the transitional arrangements
- long terms arrangements between the local authority and the RSL
- registration with the Housing Corporation
- duties and responsibilities of board members
- assets to transfer
- covenants
- warranties
- homeless nomination rights
- housing agency
- assignment of contracts
- conveyancing for an LSVT
- tenancy agreements
- funding issues
- the VAT shelter scheme
- staff transfer and TUPE
