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The Housing (Right to Manage) (England) Regulations 2008 (external link) give a statutory right to local authority tenants to set up Tenant Management Organisations (TMOs) to take on the responsibility for the day-to-day management of their homes. The regulations replace the Housing (Right to Manage) Regulations 1994.
Tenants exercise their right to manage by serving a notice on the local authority of their intention to take over the running of housing management services.
To serve a notice the tenants group must be proposing to manage at least 25 homes let on secure local authority tenancies (in its area), and it must have a membership of at least 20 per cent of all tenants (including leaseholders) in its area, and at least 20 per cent of all secure tenants in its area. It has to do its best to ensure that all tenants in the area know of the group's intention to serve a notice, and show that the majority of members support them doing it.
Once a notice is served the local authority must notify the TMO, within 28 days, whether it has accepted the notice or refused. It can only refuse a notice if it believes that the group hasn't fulfilled the above requirements, or if a similar notice has been served within the previous two years.
Before deciding to take the Right to Manage route and serving a notice, tenants should explore all the options open to them to take more control of managing their homes and estates.
Statutory and non statutory guidance published on 1 October 2008 gives further information. The non statutory guide Residents Choice promotes a voluntary route to tenant management for all social housing tenants and landlords and the ability to establish local management agreements for limited services.
Grants are available to support tenants exploring and developing tenant management by either the right to manage or by voluntary arrangements. These grants are administered by the Tenant Services Authority (external link).
Local council (external link) housing offices or housing departments can help or provide information about the Right to Manage and the many other ways to get involved in tenant housing.
