Housing association

afham made this Freedom of Information request to Tenant Services Authority

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Tenant Services Authority did not have the information requested.

Dear Tenant Services Authority,

Is a Housing Association a public body?

If not, what is the definition fo Housing Association?

Yours faithfully,

afham

Foia TSA, Tenant Services Authority

Dear Mr Afham

Thank your for your Freedom of Information request.

We will deal with the matter in accordance with the FOI Act and we will
reply to you as soon as possible and in any case within the statutory
deadline of 20 working days given by the Act.

Yours sincerely

Marianne Zierau | Information and Complaints Assistant
TSA The Social Housing Regulator
Maple House | 149 Tottenham Court Road | London W1T 7BN
T: 020 7393 2283
E: [email address]
W: www.tenantservicesauthority.org

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Marianne Zierau, Tenant Services Authority

Dear Mr Afham

Thank you for your Freedom of Information request dated 14 May.

You have requested the following information:

Is a Housing Association a public body? If not, what is the definition
of Housing Association?

The role of the TSA is to regulate registered providers of social
housing commonly referred to a housing associations. The legislation
which governs the working of the TSA is the Housing and Regeneration Act
2008. This provides the framework for the identification, registration
and regulation of registered providers of social housing. There is no
requirement in the Act for registered providers to be public bodies or
not, or to be not-for-profit or profit making. Registered providers are
independent private organisations; most are Industrial and Provident
Societies registered with the Financial Services Authority, and most of
the others are charities registered with the Charity Commission and/or
companies registered with Companies House. In addition, some local
authorities are registered with the TSA as providers of social housing,
and clearly they will be public bodies.

Looking only at the non-local authority registered provider group. In
2009 the Appeal Court ruled that some registered social landlords (as
they were then known - the predecessor classification to registered
providers, and with a different approach to that set out in the Housing
and Regeneration Act) were public bodies for a limited purpose. That
court case happened under the legislative regime which preceded the
Housing and Regeneration Act. It is not the case that all non-local
authority registered providers will be public bodies. To answer your
question, the TSA's view is not that all non-local authority registered
providers are public bodies. It is for the courts and the individual
registered providers to assess whether the recent caselaw applies to
them. The ruling did not have the effect of making all housing
associations public bodies, nor for all the work that they do; the
ruling did, for example, not make registered providers public bodies for
the purposes of Freedom of Information.

I hope this information is useful to you.

Final comments:

If you are dissatisfied with my response you may request an internal
review. To do this you should write to Claer Lloyd-Jones, Chief
Executive at TSA, Maple House, 149 Tottenham Court Road, London W1T 7BN.
You should make your request for review no later than 40 working days
from the date you receive this letter. If you remain dissatisfied after
you have gone through our appeal process, then you may contact the
Information Commissioner at Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

Yours sincerely

Marianne Zierau | Information and Complaints Assistant
TSA The Social Housing Regulator
Maple House | 149 Tottenham Court Road | London W1T 7BN
T: 020 7393 2283
E: [email address]
W: www.tenantservicesauthority.org

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Dear Marianne Zierau,

Thank you for the response.

Consequently, does a housing association has the right to issue a Section 21 notice without satisfying the human rights assessment?

Yours sincerely,

afham

Marianne Zierau, Tenant Services Authority

Dear Mr Afham

Freedom of Information is about information which is held by a public
body. Your question about Section 21 notices is a request for legal
advice and not a request for information which may be held by the TSA so
I am afraid we cannot help you in this matter. I suggest that you seek
your own legal advice or that you contact your local Citizens Advice
Bureau.

Yours sincerely

Marianne Zierau | Information and Complaints Assistant
TSA The Social Housing Regulator
Maple House | 149 Tottenham Court Road | London W1T 7BN
T: 020 7393 2283
E: [email address]
W: www.tenantservicesauthority.org

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Dear Marianne Zierau,

Actually, we are in the process of a high court judicial review for a section 21. We thank you for the response

Yours sincerely,

afham