Tenant management organisation
A tenant management organisations (TMO) is an organisation set up under the UK Government's Housing (Right to Manage) Regulations 1994 (updated in 2008 and 2012), which gives residents of council housing homes in the UK the statutory right to take over responsibility for the running of their homes.[1]. Tenants of housing association homes do not have a right to establish a Tenant Management Organisation but may establish one under a voluntary route with the agreement of the landlord.
Structure and operation
[edit]A TMO is created when residents (tenants and leaseholders) in a defined area of council homes create a corporate body and, typically, elect a management committee to run the body.[2] This body then enters into a formal legal contract between the landlord of the home(s) and the council, known as the management agreement. This agreement outlines the services a TMO is responsible for and what services the council is responsible for. The services provided by TMOs are funded by the management allowances paid by the Council under the agreement.[3] Such allowances should approximate to the sums the landlord would have spent to deliver the services had they remained under the direct provision of the landlord. They may therefore differ between TMOs who fall under different council landlords.
Before any management agreement can be approved by government, the TMO must be approved as competent via an independent assessment overseen by the Ministry of Housing, Communities and Local Government (MHCLG) which holds an approved list of assessors capable of undertaking such an assessment.
The TMO must also "win" a ballot of residents in the area concerned. This must secure a majority of residents overall and a majority of secure tenants. Such a ballot must be held every 5 years during the life of the TMO.
The management agreement details the services which are to be managed by the TMO on behalf of the landlord. The extent of the devolution in service can vary enormously, particularly between small and large TMOs, but may typically include day-to-day repairs, allocations and lettings, tenancy management, cleaning and care taking and rent collection/recovery.[3] The precise detail as to which organisation undertakes which service (or part of a service) has, since 2005, been contained in the accompanying Schedules to the Management Agreement. This was separated from the body of the management agreement in 2005 to allow for policies and procedures to be more easily updated.
The TMO can take a number of legal forms. Registered TMOs may be a co-operative, or set up under corporate law.
Some 'guide TMOs' provide support to community groups interested in the concept (Friday Hill TMO and Millbank Estate TMO are two examples in London). The work of a TMO may touch and overlap with that of an arms-length management organisation (ALMO).[4]
Setting up a TMO
[edit]The London Borough of Hackney council website states the following as a possible plan to set up a TMO:
- Explore the options for involvement
- Right to manage notice
- Develop business plan training and negotiations
- Competence assessment
- Offer to tenants and then ballot
- Setting up and going live
If a TMO is set up, you will still remain as a tenant or a leaseholder of the council and your existing rights are protected.[3]
Examples of tenant management organisations in England
[edit]- Watmos Community Homes
- Holland Rise & Whitebeam TMO
- Kensington and Chelsea TMO
- Leathermarket JMB
- Bloomsbury EMB
- Millbank Estate
- Belle Isle TMO[5]
References
[edit]- ^ "The Housing (Right to Manage) Regulations". legislation.data.gov.uk. 7 March 1994. Retrieved 30 June 2017.
- ^ "What is a TMO?". National Federation of Tenant Management Organisations. Retrieved 1 November 2023.
- ^ a b c "Tenant management organisations". London Borough of Hackney. 8 September 2020. Retrieved 8 September 2020.
- ^ NFA, NFTMO, CWAG (2009). Local Authority, ALMO and TMO relationships: A good practice guide (PDF). NFA, NFTMO, CWAG.
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: CS1 maint: multiple names: authors list (link) - ^ "BITMO | Belle Isle Tenant Management Organisation". Belle Isle TMO. Retrieved 21 February 2024.
External links
[edit]- National Federation of Tenant Management Organisations
- UK Government guidance on the Right to Manage - 2012 MMA
- Confederation of Co-operative Housing (CCH)
- 1994 Modular Management Agreement (superseded by 2005 MMA)
- 1994 MMA Calculating Allowances (superseded by 2005 MMA)
- 2005 Modular Management Agreement (superseded by 2012 MMA)