S106 conflicting with Localism Act 2011 and Housing Act 1985 Mutual Exchange

The request is waiting for clarification. If you are Chloe Shaw, please sign in to send a follow up message.

Dear Cornwall Council,

Can you please clarify which of these takes precedence when refusing a social housing mutual exchange request? Would the S106 take priority over the Housing Act 1985/ Localism Act 2011?

E.g. Mrs Smith is an assured tenant of social housing in Cornwall. She has put in a mutual exchange request with her landlord, however they have a S106 agreement with Cornwall Council that requires any future tenants of the property have a local connection to the local parish that Mrs Smith currently resides in. The other party does not have a local connection to Mrs Smith's parish or surrounding area- for the purpose of this example assume all other criteria for the exchange are adequately met. According to schedule 3 of the Housing Act 1985 and section 159 of the Localism Act 2011 the landlord may only refuse a mutual exchange on the grounds listed in each act. Section 106 agreements are not listed among the grounds for refusal.
In this instance would the S106 be a reasonable refusal for mutual exchange or would either of the housing acts override it?

Yours faithfully,

Chloe Shaw

Cornwall Council

Thank you for your Freedom of Information (FOI)/Environmental Information
Regulations (EIR) request - Reference FOI-101004591265. In normal
circumstances we will provide a response within 20 working days of
receiving your request. There may be a small number of occasions where we
may need to extend the 20 working day deadline. We will inform you if this
is likely.

Cornwall Council is made up of many different services and additionally,
wholly owned companies who are responsible for areas such as housing and
highways. Your request will be logged by the Central FOI team and in most
cases will be forwarded on to the relevant service or wholly owned company
to respond directly.

There may be some instances where we will need to contact you in the order
to clarify parts of your request. In this instance we will not be able to
progress your request until clarification has been received.

Under the Act, we will be unable able to process any request where the
actual cost to the authority in terms of staff hours comes to more than
£450. If this is the case we will help you to narrow the request to take
it under any cost limit. In a small number of other cases, a charge may
apply such as with certain environmental information, but we will let you
know if this applies.

We deal with around 2000 FOI/EIR requests for information each year, with
the cost to the Council (not to the customer) ranging between £25 and £450
per request. You may be able to find the information by checking previous
responses on our [1]Disclosure Log, the Council's Publication Scheme, or
by checking the Council's website at www.cornwall.gov.uk. Therefore if you
do subsequently find the information you require by this method and no
longer wish us to process your request, please do let us know.

Further information on the FOI process in general can be found at
[2]www.cornwall.gov.uk/foi

As personal information belongs to you have the right to:

We will only process the information input on this form to deal with your
Freedom of Information Request.

The information you provide may be shared across the various service areas
of Cornwall Council, as well as the Council's wholly owned Group of
Companies (such as Cormac, Cornwall Housing, Cornwall Airport Newquay &
Cornwall Development Company), in order to fully investigate and answer
the request.

You have a right to withdraw consent to your Freedom of information
request at at any time by contacting: Freedom of Information, New County
Hall, Treyew Road, Truro, TR1 3AY or [3][Cornwall Council request email]

If you would like to access any of the information we hold about you or
have concerns regarding the way we have processed your information, please
contact: Data Protection Officer, Cornwall Council, County Hall, Truro,
TR1 3AY.

Email: [4][email address] Tel: 01872 326424

We would prefer you to contact us in the first instance to give us the
opportunity to see if we can put things right. However, if you are unhappy
with the way we have processed your information, or how we have responded
to your request to exercise any of your rights in relation to your data,
you can raise your concerns direct with the Information Commissioner's
Office.

Tel: 0303 123 1113
Web: [5]https://ico.org.uk/concerns/

Further details can be found on the full [6]privacy policy.

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address].

Please note that this e-mail may be subject to recording and/or monitoring
in accordance with the relevant legislation and may need to be disclosed
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

Security Warning: It is the responsibility of the recipient to ensure that
this e-mail and any attachments are virus free. The Authority will not
accept liability for any damage caused by a virus.

References

Visible links
1. Disclosure Log - Opens in a new browser window
http://www.cornwall.gov.uk/council-and-d...
2. Data Protection and Freedom of Information - Opens in a new browser window
http://www.cornwall.gov.uk/foi
3. Email Freedom of Information
mailto:[Cornwall Council request email]?Subject=Freedom%20Of%20Information
4. Email Data Protection Officer
mailto:[email address]?Subject=Data%20Protection
5. Information Commissioner - Opens in a new browser window
https://ico.org.uk/concerns/
6. Privacy Policy - Opens in a new browser window
https://www.cornwall.gov.uk/council-and-...

Housing - Freedom of Information Mail, Cornwall Council

1 Attachment

Information Classification: PUBLIC

Dear Ms Shaw

 

Thank you for your recent Freedom of Information Request; there are some
aspects of it which need clarification. 

 

Please see the attached letter for details.

 

Kind regards

 

 

Gabriele Thomas | Business Analyst
Cornwall Housing Ltd | Business Improvement Team
[1][email address
Tel: 0300 1234 161
[2]www.cornwallhousing.co.uk

N1, Chy Trevail, Beacon Rechnology Park, Bodmin, Cornwall, PL31 2FR

 

 

This e-mail and attachments are intended for above named only and may be
confidential. If they have come to you in error you must take no action
based on them, nor must you copy or show them to anyone; please e-mail us
immediately at [email address]. Please note that this e-mail may
be subject to recording and/or monitoring in accordance with the relevant
legislation and may need to be disclosed under the Freedom of Information
Act 2000 or the Environmental Information Regulations 2004. Security
Warning: It is the responsibility of the recipient to ensure that this
e-mail and any attachments are virus free. The Authority will not accept
liability for any damage caused by a virus.

References

Visible links
1. mailto:[email address]
2. http://www.cornwallhousing.co.uk/