There are four main elements to the model we propose:
i. The council’s policy
The council will agree and implement a policy based explicitly on the principle that residents of council housing are entitled to live in their homes without fear of unwanted redevelopment. The policy will commit the council to following best practice in the event of any proposal to regenerate or redevelop any of its housing.
As part of the Council’s general commitment (to all residents), which will cover matters like information, involvement in decisions and consultation, the policy will also require the Council to issue a set of specific commitments to any residents affected by a specific regeneration/redevelopment proposal. Among other matters, this will detail how those residents’ interests will be protected in the event of implementation.
ii. A restriction on title
The council will register a restriction on title on all of its housing at the Land Registry, with the effect that none of its housing can be disposed of unless the council’s solicitor certifies that the policy (both general and specific commitments) has been complied with.
iii. The principle of legitimate expectation
Once the policy is in place, residents will be able to rely on the (legal) principle of legitimate expectation, meaning that they can legitimately expect the council to honour its policy commitments. Should the council not do so, residents will be able to challenge it in the courts.
iv. An advisory body
Responsibility for defining best practice will rest with an advisory body. The advisory body will also have a general remit to oversee and monitor the operation of the policy.
The advisory body’s composition is yet to be agreed, but we think it should include some residents’ representatives and some independents with relevant experience nominated by, for example, the Joseph Rowntree Foundation or the Chartered Institute of Housing.
Further detail on all these matters is available in our report of January 2018.