Section 105 — Housing Act 1985: Consultation on matters of housing management.

Consultation on matters of housing management. 105 1 A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants or secure contract-holders who are likely to be substantially affected by a matter of housing management to which this section applies—

a to be informed of the authority’s proposals in respect of the matter, and b to make their views known to the authority within a specified period; and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.

2 For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—

a the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies or secure contracts , or b the provision of services or amenities in connection with such dwelling-houses; but not so far as it relates to the rent payable under a secure tenancy or secure contract or to charges for services or facilities provided by the authority.

3 This section applies to matters of housing management which, in the opinion of the landlord authority, represent—

a a new programme of maintenance, improvement or demolition, or b a change in the practice or policy of the authority, and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).

4 In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.

5 A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—

a be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and b be given, on payment of a reasonable fee, to any member of the public who asks for one.

6 A landlord authority which is a private registered provider of social housing or a registered social landlord shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection—

a to the Relevant Authority , and b to the council of any district , Welsh county or county borough or London borough in which there are dwelling-houses let by the landlord authority under secure tenancies or secure contracts ; and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

7 For the purposes of this section—

a secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996;

b secure tenancies include demoted tenancies within the meaning of that section. c secure contract-holders include prohibited conduct standard contract-holders;

d secure contracts include prohibited conduct standard contracts.