Introduction
Under the Renting Homes Act (Wales) 20161, Cardiff Council must consult with contract-holders (tenants), about proposed housing management changes, allowing them to provide feedback before final decisions are made.
This statement outlines when and how consultations will occur. Although this became a legal obligation on 1st December 2022, the Council has always valued and sought tenants’ and customers’ views.
Consultation Parameters
Under the Act, the new legal duty to consult only applies when a suggested change is:
- Likely to affect all the contract-holders under occupation with the Council, or a relevant group2 of contract-holders, or
- Apply only in relation to the contract-holders who are likely to be substantially affected
Further to this, consultation is only legally required when the threshold of ‘relevant proposals’ is met. Relevant proposals of housing management matters are:
- a new programme of maintenance, improvement or demolition of dwellings subject to occupation contracts, or
- a change in the practice or policy of the landlord in relation to management, maintenance, improvement or demolition of such dwellings
If these parameters are met, the Council must consult and consider contract-holders’ views before making final decisions on housing management proposals
It is important to note that ‘relevant proposals’ does not include proposals in relation to rent payable or charges for services and facilities provided by the landlord.
Statement of Arrangements
When a relevant proposal has been identified that meets the criteria for consultation (as set out above) this consultation will be managed by the relevant Team who are managing the project.
This Team will identify the most appropriate means of communicating the proposal to the contract-holders who are affected. This will, at minimum, include a letter setting out full details of the proposal (including any drawings/plans) and a request for feedback by a set date.
The date for feedback will be at least a month from the date on the letter and all feedback will be considered and logged by the Team. If required, further interviews, telephone calls or visits may be carried out to respond to the feedback provided.
Other ways of consulting will be considered in line with the scale of the housing management proposal and may include community events, stakeholder groups or an open day where contract-holders and members of the public would be able to attend in person. Other methods may include a leaflet drop to properties surrounding the proposed scheme and / or a poster of proposed changes at a HUB.
Consideration will also be given to the needs of the group and materials in relevant languages or alternative texts may be made available on request. Also, a contact number to provide feedback will be provided and a home visit from a relevant Officer will be considered if requested.
Information on any changes will be available on the Council’s website.
Statement Availability
This statement of arrangements is made under Section 234 of the Act. It is available, without charge, and on request, at local HUBS for contract-holders and members of the public.
A summary of this statement is also available and will be provided free of charge. This document is available in Welsh.
Summary of Cardiff Council’s Statement of Consultation Arrangements
Cardiff Council’s statement of consultation arrangements sets out its legal obligations (under the Renting Homes Act (Wales) 2016 to consult with contract-holders.
The statement explains when and how the consultation process will be used.
The statement and summary are available on request, and without charge, at local HUBS for contract-holders and members of the public.
This document is available in Welsh.
1 – Which came into force on 1 December 2022
2 – ‘Relevant group’ is defined under RHA as a group that forms a distinct social group or occupies dwellings which constitute a distinct class (whether by reference to the kind of dwelling, or the housing estate or other larger area in which they are situated)