<Consultation title>
Community Housing Cymru Group response
1.About Us
The Community Housing Cymru Group (CHC Group) is the representative body for housing associations and community mutuals in Wales, which are all not-for profit organisations. Our members provide over 155,000 homes and related housing services across Wales. In 2012/13, our members directly employed 8,000 people and spent over £1bn in the Welsh economy. Our members work closely with local government, third sector organisations and the Welsh Government to provide a range of services in communities across Wales.
Our objectives are to:
- Be the leading voice of the social housing sector.
- Promote the social housing sector in Wales.
- Promote the relief of financial hardship through the sector's provision of low cost social housing.
- Provide services, education, training, information, advice and support to members.
- Encourage and facilitate the provision, construction, improvement and management of low cost social housingby housing associations in Wales.
Our vision is to be:
- A dynamic, action-based advocate for the not-for-profit housing sector.
- A ‘member centred’ support provider, adding value to our members’ activities by delivering the services and advice that they need in order to provide social housing, regeneration and care services.
- A knowledge-based social enterprise.
In 2010, CHC formed a group structure with Care & Repair Cymru and CREW Regeneration Wales in order to jointly champion not-for-profit housing, care and regeneration.
The Model Contract
CHC welcomes the opportunity to comment on:
- the structure and layout of the illustrative model contract
- the summary model contract and
- the easy to read guide.
CHC believes that having clarity of rights and responsibilities is a fundamental requirement of any contractual arrangement. The ambiguity and ‘legal ease’ around some of the wording currently used has led to associations incurring significant legal costs associated with lengthy and protracted court cases.
While we recognise that this is likely to continue as the contract has to satisfy the requirements of a legally-binding document,we welcome the underlying aims of simplifying the rented homes framework and believe that the format and style of the new contract can assist with ease of use and understanding for all parties.
Overall we have no issues with the structure and layout of the model contract. However, we think there are a number of improvements which could be made including:
- The removal of symbols which leave room for misinterpretation and may be considered offensive, depending on your world view.
- A space for service charges – it is currently unclear where service charges could be included.
- The inclusion of a 'start date' in brackets (not the existing text around when you can begin to occupy) to make it clear when the contract actually begins.
- A space for the Lettings Agent to be identified in the document - this is important to provide the tenant with relevant contact information.
As stated in the consultation paper, changes may also be required to the structure, language and format to ensure that the document is as accessible and flexible as possible. It is important that additional/local terms and issues can be included.
As a minimum, the documents need to be available in braille, electronically, on the website, in audio and in hard copy.
The Summary Model Contract and Easy to Read Guide
We like the idea of having a summary model contract and easy to read guide which we agree will be helpful in promoting and assisting understanding of rights and responsibilities.
For the new arrangements to work effectively, again these documents need to be accessible and easily available.
While CHC supports having the summary model contract and easy to read guide, these arrangements will not replace the need for staff training and face-to-face discussions with tenants. There is a variety of things CHC can do to support members with staff training etc. However, issuing new contracts (whether they have to be signed or not) will be massively resource intensive for housing associations. It is therefore critical that any decision on implementation takes into account other developments (e.g. UC) as well as the support (financial and other) that associations will need to do this.
Community Housing Cymru Group
October 2014
Community Housing Cymru Group Members:
AelodauGrŵpCartrefiCymunedol Cymru: