Co-Operative Housing Tenure Bill
Official Summary
A Bill to make provision that occupiers of dwellings owned by certain forms of co-operatives shall occupy those dwellings by virtue of their membership of the co-operative and not as tenants or under any other type of property interest; to make provision for co-operative tenure and for the respective rights and obligations of the co-operative and its members; and for connected purposes.
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Overview
This bill establishes a new form of housing tenure in England called "co-operative tenure." Under this system, residents of dwellings owned by specific types of housing co-operatives will occupy their homes by virtue of their co-operative membership, not as tenants. The bill outlines the rights and responsibilities of both the co-operative and its members.
Description
The bill applies only to dwellings in England owned by "fully mutual" housing co-operatives. "Fully mutual" means membership is restricted to occupiers or prospective occupiers of the co-operative's dwellings, and only members and their households can reside there. Co-operative tenure is established only if several conditions are met, including the co-operative's ownership of the dwelling, the occupier starting occupancy after the bill's commencement, and prior notice being given by the co-operative about the Act. The co-operative must have rules detailing occupancy terms (including dispute resolution) and managing the property. The bill modifies existing housing legislation to incorporate co-operative tenure, clarifying issues around mortgages, share ownership, and eviction. Occupancy agreements must detail responsibilities for repairs, gas safety, potential equity interests, and procedures for appeals and terminations.
Government Spending
The bill does not directly specify any government spending. Its impact on government spending is likely to be indirect and depends on the number of co-operatives adopting this tenure and subsequent changes in demand for social housing or other housing related services.
Groups Affected
- Fully mutual housing co-operatives: This bill significantly impacts their legal framework, affecting governance, member rights, and property management.
- Members of fully mutual housing co-operatives: Their rights and obligations regarding occupancy, repairs, and dispute resolution will be defined under the bill.
- Mortgagees and chargees: Their rights concerning the co-operative's dwellings and members’ shares/loan stock are detailed in the bill.
- County Courts: They will handle possession order applications in cases of tenancy termination.
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