(1) ESSEX COUNTY COUNCIL at County Hall Market Road Chelmsford Essex
CM1 1LX (hereinafter called “the County Council”);
(2) (enter District/Borough/ Authority (if applicable) of (address) ("the
(District)(Borough)( Authority); and
(3) (enter name of Registered Provider/Housing Provider ) and registered under
number (insert relevant company number) whose registered office is at (enter address of provider) ("the Registered Provider/Housing Provider ”).
(1) In accordance with the terms set out in a Grant Agreement dated (insert date) between (1) the County Council (2) District/Borough/ Authority (if applicable) (3) Registered Provider/Housing Provider, the said Registered Provider/Housing Provider has agreed to provide Land for the development of (insert number of units) Independent Living Housing Units of Accommodation (describe development) and in consideration of this has agreed to enter into an Agreement with the County Council in respect of nomination rights to be exercised by the County Council for the benefit of tenants of such housing.
(2) The Registered Provider/Housing Provider is an appointed Registered Provider/Housing Provider of Social Housing for the purposes of the Grant Agreement and will develop xxxx units suitable for Independent Living Housing (set out Property acquired) as set out in Schedule 1 of this Agreement.
(3) The Registered Provider/Housing Provider has received or will receive a Grant of £ (insert amount) from the County Council in consideration for the nomination
rights to the (insert how many units) under the terms and conditions of this Nomination Rights Agreement and with regards to the housing detailed in Schedule 1.
(4) The Registered Provider/Housing Provider has offered to the County Council the opportunity to nominate prospective tenants of the Units of Accommodation for a period of one hundred and twenty five (125) years to which the County Council has agreed in the manner hereafter set out.
(5) The Registered Provider/Housing Provider will be required to use the Grant in respect of the construction of the Units of Accommodation to an accepted Nominated Tenant and shall not be required to retain any of the Grant for adaptations in respect of any subsequent re-lets of the Unit. Any further adaptations to further lets will not be funded by the Registered Provider/ Housing Provider or considered covered by the Grant.
1. NOMINATIONS PROCEDURES FOR THE UNIT OF ACCOMMODATION
1.1 Nominations will be overseen by the Nominations & Allocations Panel.
1.2 The County Council shall have the right to nominate 100% of the Tenants’ “Nominated Tenant” when the Units are available for first letting.
1.3 In respect of subsequent lettings the Registered Provider/Housing Provider shall give to the County Council at least twenty one days’ notice in writing of the date on which a Unit of Accommodation will be available for occupation together with such other information as the County Council may reasonably require.
1.4 The County Council will on or before the expiry of the notice referred to in clause 1.3 above provide the Registered Provider/Housing Provider with
written details about the Nominated Tenant for the Unit of Accommodation together with such other information as the Registered Provider/Housing Provider shall reasonably require.
1.5 The County Council has the obligation to ensure that the Nominated Tenant is suitable for the Unit of Accommodation in accordance with the Social Care Eligibility Criteria as set out in Schedule 2 of this Agreement and/or notify the Registered Provider/Housing Provider of any adaptations that may be required to the unit.
1.6 Nominated Tenants shall fulfil the conditions set out below but subject to such exemptions as may from time to time be agreed between the parties either generally or in respect of specific Nominated Tenants:-
1.6.1 Nominated Tenants must be person(s) who are in the reasonable opinion of the County Council and Registered Provider/Housing Provider in need of supported housing.
1.6.2 Nominated Tenants must be in receipt of a core service care package which is suitable to their needs and allows them to be capable of living an independent life which includes managing their tenancy without any level of support being provided by the Registered Provider/Housing Provider .
1.6.3 Nominated Tenants must be residing in the local authority area of (
(insert authority area here )
1.7 Within seven days from the County Council’s nominations of its Nominated Tenant the Registered Provider/Housing Provider will notify the County Council whether the proposed Nominated Tenant is accepted by the Registered
Provider/Housing Provider as meeting their housing eligibility criteria and of tenancy start date.
1.8 If after 28 days the County Council has been unable to nominate a suitable tenant, the Registered Provider/Housing Provider can fill the vacancy from its own waiting list.
1.9 If the County Council fails to nominate a suitable Nominated Tenant before the expiry of the period referred to in clause 1.8 or if the Nominated Tenant is not considered suitable by the Registered Provider/Housing Provider (acting reasonably) or if the Nominated Tenant does not attend the appointment to view the Unit of Accommodation or if the County Council and the Registered Provider/Housing Provider are unable to agree any required works and/or the associated costs or they cannot do so within a reasonable period of time (both parties acting reasonably) then in that event the Registered Provider/Housing Provider may seek a tenant through other means without being deemed to be in breach of the terms of this Nomination Rights Agreement.
1.10 The Registered Provider/Housing Provider is only obliged to accept tenants under this Nomination Rights Agreement who meet the Social Care Eligibility Criteria.
1.11 If the Nominated Tenant fails to sign a Tenancy Agreement within seven days after the date of viewing the Unit such Nominated Tenant shall be deemed to have rejected the Registered Provider/Housing Provider’s offer unless the Nominated Tenant provides notice of reasonable grounds within 7 days which have prevented the Nominated Tenant from signing the Tenancy Agreement in which case the offer shall be held open for a reasonable period to be determined by the Registered Provider/Housing Provider .
1.12 If the County Council is reasonably satisfied that its Nominated Tenant to whom the original offer of a Tenancy was made is not likely to accept the Tenancy or is not likely to accept it within a reasonable period and the offer has been withdrawn from any other Nominated Tenant to whom an offer has been made previously, the County Council will identify the next Nominated Tenant. The County Council will provide the details of the next Nominated Tenant within two days and the obligations contained in clause 1 will relate to the next Nominated Tenant.
1.13 The Registered Provider/Housing Provider may seek a tenant through other means without being in breach of the terms of this Nomination Rights Agreement if the next Nominated tenant shall not accept the offer of a tenancy within seven days of the date of viewing.
and shall remain in force for the period of 125 years after which the Agreement shall terminate.
2.2 Either party may request a variation to this Agreement at any time but such a variation shall only be effective if unanimously agreed; if unanimity is not achieved the party requesting the variation may refer the matter for resolution under clause 5.
WHEREBY IT IS AGREED as follows:-
3.1 In this Nomination Rights Agreement the following terms will have the following meanings:-
(a) “Assured Tenancy” shall have the meaning given in Section 1 of the Housing Act 1988 (as amended);
(b) “Care and Support Charges” shall mean charges relating to an individual’s assessed package of domiciliary and / or personal care;
(c) "Completion Date" means the date when each or all of the Units of Accommodation are in the opinion of the Registered Provider/Housing Provider likely to be completed and available for first letting;
(d) “Independent Living Housing” shall mean housing with levels of support depending on the needs of individuals but which shall in all cases mean a minimum of 6 hours care per week and shall consist of a 24 hour on site care and support presence to deliver planned support out of hours and respond to care emergencies at all times for people who by reason of physical or mental disability have a need for care and support which cannot be met in their current accommodation aged 55 plus years or more at the time of application PROVIDED THAT younger people may be considered who have an assessed need for care and support which cannot be met in their current accommodation. Independent Living Housing shall comprise of wheelchair accessible accommodation and communal areas to enable residents to access all areas of the development including the balconies and a secure garden the accommodation shall be comprised of self-contained living areas which are either hard wired or equipped with wireless facilities to support a range of assistive technology solutions with level access shower rooms TOGETHER
WITH facilities for care and support staff, laundry room, hoist stores communal areas communal kitchen and secure public access;
(e) “Financial Terms” means in respect of Independent Living Housing the weekly rent due in respect of such Unit of Accommodation PROVIDED that it does not exceed the Market Rent exclusive of service and Care and Support and Service Charges;
(f) “Homes and Communities Agency” includes any successor body or agent exercising statutory powers for the provision of financial assistance to Registered Providers for the provision of affordable housing;
(g) “Household” means any person or persons living as or who could reasonably be expected to live as an independent domestic unit;
(h) "Initial Tenancies" means the first lettings of the Units of Accommodation following the respective (if applicable) Completion Date;
(i) “Introductory Tenancy” shall have the meaning given in section 124 of the Housing Act 1996;
(j) “Local Housing Need” means:
(i) Households who are in need of Independent Living Housing as their sole or principal home as determined by the Registered Provider/Housing Provider; and
(ii) who is in need of Independent Living Housing by reason of age, illness, disability or any other circumstances and are in need of care and attention which is not otherwise suitably available to them in their current accommodation and whose care and support needs have been assessed by a representative from either the County Council’s Adult Social Care Services or a Health Service commissioned by the area
Clinical Commissioning Group (or their successor) and whose resultant care and support plans indicate that their needs for care can be appropriately met by the provision of personal care and support in Independent Living Housing;
(k) “Nominations & Allocation Panel” shall mean a representative from the Registered Provider/Housing Provider , the District/Borough/ Authority and the County Council brought together on at least a monthly basis in respect of Initial Tenancies and when a Unit of Accommodation becomes void in respect of the Remaining Period to recommend Nominated Tenants considered to be suitable to be allocated a Unit of Accommodation based on criteria set out within this Agreement or as is reasonably practicable or necessary in order to ensure the scheme does not have voids for an extended period and as agreed by a consensus of the panel with regards to frequency of nomination panels;
(l) “Nominated Tenant” means a person nominated by the County Council pursuant to this Nomination Rights Agreement and who meets the Social Care Eligibility Criteria with a Local Housing Need who qualifies in accordance with the Registered Provider/Housing Provider’s letting criteria, Nomination Rights and having been reviewed at a Nominations and Allocations Panel and "Nominated Tenant" shall be construed accordingly;
(m) “Nomination Period” means 125 years from the date of this Agreement;
(n) “Registered Provider”/“Housing Provider” means a provider of social housing registered under Chapter 3 of the Housing and Regeneration Act 2008 or other body having charitable objects or otherwise non- profit making and established for philanthropic purposes which include the provision and management of affordable housing secured by regulation or in their memorandum articles or
equivalent as an objective or other established and suitably experienced manager of affordable housing;
(o) “Service Charge” shall mean the costs of providing various services to the common parts of the building and grounds and shall include cleaning and general repairs and maintenance, facilities, and security of the building and shall be separate from the Core Care / Peace of Mind Service which will be on site and a 24/7 emergency response to unplanned care needs which is chargeable to all residents regardless of whether they access this service or not
(p) “Social Rent” means housing let at a periodical rent due at intervals of a month or less without any fine deposit or premium which is let at or below Market Rent and is let on the Registered Provider/Housing Provider’s standard form of letting as an Assured Tenancy and upon the approved Financial Terms and Social Rent Unit shall mean a Unit of Accommodation let on such terms;
(q) “Social Rented” means rented housing owned and managed by Registered Provider/Housing Provider for which guideline Market Rents are determined through the national rent regime. It may also include rented housing owned or managed by other persons and provided under equivalent rental arrangements and upon the approved Financial Terms to the above or as agreed with the local authority or with the Homes and Communities Agency as a condition of public subsidy and providing that in assessing the level of such rents there shall be disregarded any service charges or payments to be made for the Independent Living Housing services to be supplied to the Household;
(r) “Market Rent” means the rent calculated according to the Government’s Rent Restructuring Formula proposals set out in the Three Year Review of Rent
Restructuring (July 2004) as implemented as policy in April 2006 (and updated from time to time);
(s) "Tenancies" means the lettings of the Units of Accommodation to Nominated Tenants;
(t) “Unit of Accommodation” is a self- contained dwelling;
(u) “Working Day” means a day other than a Saturday or Sunday a Bank Holiday Good Friday and the period between Christmas Day and New Year’s Day (both days inclusive) and any other public holiday.
4.1 In consideration of the agreements on the part of the District/Borough/ Authority (if applicable) and the County Council set out below the Registered Provider/Housing Provider hereby agrees to accept and appoint the Nominated Tenants to occupy the Units of Accommodation with the intent that upon the appointment of the Nominated Tenants (as hereinafter set out) and their commencement of occupation of the Units of Accommodation the Nominated Tenants shall become and be accepted as the tenants of the Registered Provider/ Housing Provider .
4.2 The Units of Accommodation shall only be let as Independent Living Housing (this could include re-enablement services if agreed by the panel) on Social Rented terms to Households with a Local Housing Need by way of an Assured Tenancy or Introductory Tenancy at a rent not exceeding Market Rent.
4.3. In respect of Initial Tenancies and the Remaining Period Nominated Tenants shall be selected and appointed by the Registered Provider/Housing Provider giving priority as follows:
4.3.1 to residents living in the administrative area of (insert district Council);
4.3.2 to residents living in the administrative area of the (insert area of Essex ie Mid, East etc) Essex Clinical Commissioning Group;
4.3.3 to residents living in the administrative area of Essex County Council; PROVIDED THAT the priority set out in 4.4.1, 4.4.2 and 4.4.3 does not conflict with the overall objectives of the allocation of the Units of Accommodation to maintain a balance of care and support needs in the Independent Living Housing that accords with the following (unless otherwise agreed in writing by the Registered Provider/Housing Provider, the District/Borough/ Authority and the County Council):
one third of the Units of Accommodation are let to Nominated Tenants or occupied by tenants with assessed planned care and support needs that the Allocation Panel define as low;
one third of the Units of Accommodation are let to Nominated Tenants or occupied by tenants with assessed planned care and support needs that the Allocation Panel define as medium;
one third of the Units of Accommodation are let to Nominated Tenants or occupied by tenants with assessed planned care and support needs that the Allocation Panel as high;
and further PROVIDED THAT every Social Rent Unit shall be let only to persons with Local Housing Need and shall be provided at a Social Rent.
4.4 The Council and the Registered Provider/Housing Provider hereby further agree and declare as follows:
4.4.1 if any of the Nominated Tenants should fail to make the rent payments in accordance with the terms of their respective tenancy agreement or shall otherwise be in breach of their respective tenancy agreement the
Registered Provider/Housing Provider shall notify the County Council in writing of this fact at the time of an application for a possession order forfeiture or other enforcement action of the relevant Unit of Accommodation.
188.8.131.52 For the purposes of this clause the expression "Mortgagee" means any holder of a mortgage secured upon the Units of Accommodation (or any of them);
184.108.40.206 In the event of a Mortgagee or a receiver appointed by a Mortgagee exercising its power of sale of the Units of Accommodation (or any of them) such Mortgagee may be subject to the provisions of the Housing Act 1996 and (iii) and (iv) below sell the Units of Accommodation (or any of them) free of the provisions of this Agreement and the Council shall subject to payment of the Council’s reasonable costs in so doing, if requested in writing to do so by such Mortgagee execute a deed supplemental hereto releasing the Units of Accommodation (or such number as shall be applicable) from the terms hereof;
220.127.116.11 If the Units of Accommodation are vested or transferred to another Registered Provider/Housing Provider then the provisions of this Agreement shall continue;
18.104.22.168 The provisions of this Clause 22.214.171.124 shall apply to any further registered social landlord as they do to the Registered Provider/Housing Provider and shall be repeated as necessary.
4.4.2 The provisions of this Nomination Rights Agreement shall not bind or be enforceable against any person acquiring a dwelling under a voluntary right to acquire or statutory right to buy pursuant to the Housing Act 1985 the Housing Act 1988 or the Housing Act 1996 or any statutory re- enactment or modification thereof.
4.5. Not later than 21 days before the date when the Registered Provider/Housing Provider proposes to vary their letting criteria the Registered Provider/Housing Provider shall give notice in writing thereof to the County Council together with a copy of the proposed variation for approval by the County Council (such approval not to be unreasonably withheld or delayed).
4.6 The Council and the Registered Provider/Housing Provider agree that this Agreement is entered into pursuant to Section 33 of the Local Government (Miscellaneous Provisions) Act 1982.
5.1 In the case of dispute or difference on any matter under this Agreement or as to the construction of this Agreement any such dispute or difference shall be referred to a single arbitrator to be agreed between the parties or in default of agreement to be nominated by the President for the time being of the Institute of Housing in accordance with and subject to the provisions of the Arbitration Acts 1950-1996 or any statutory re-enactment or modification for the time being in force and both parties agree to be responsible for the appointment of the Arbitrator.
5.2 All parties agree to attempt in good faith to cooperate under this Nomination Rights Agreement and/or resolve any differences or disputes in a timely manner.
6.1 Any notices required to be served hereunder shall be sufficiently served on the parties if sent by pre-paid first-class post to the addresses of the parties indicated above or such other address notified by one party to the other any notice shall be deemed to have been served two days after posting.
7.1 Either party may terminate this Nomination Rights Agreement in the event of a material breach being a breach that is not capable of remedy or if it is capable of being remedied it cannot be remedied within a reasonable period of time.
7.2 If a Nominated Tenant of a relevant Unit chooses to exercise a right to buy in respect of the Unit, this is considered to fulfil the obligation of the Registered Provider/Housing Provider in respect of the Unit and the County Council will have no rights to require an alternative property and will lose nomination rights to that Unit. The Registered Provider/Housing Provider shall use all reasonable endeavours to effect the retention of the Unit.
8.1 Subject to the prior written consent of the County Council (such consent not to be unreasonably withheld or delayed) the Registered Provider/Housing Provider may assign its obligations hereunder to a successor in title to the Unit PROVIDED THAT prior to such an assignment the assignee shall enter into a Deed of Covenant with the County Council and the Registered Provider/Housing Provider to observe and perform the obligations under this Nomination Rights Agreement.
8.2 From the date that the parties enter into the Deed of Covenant the Registered Provider/Housing Provider shall be released from its obligations under this
Nomination Rights Agreement and shall have no further liability or responsibilities to the County Council hereunder with effect from the date of the Deed of Covenant.
8.3 The obligations of the Registered Provider/Housing Provider under this Nomination Rights Agreement may be carried out on behalf of the Registered Provider/Housing Provider by a housing provider holding a lease of the Dwellings.
9.1 The Headings shall not affect the interpretation of this Agreement.
10 THIRD PARTY RIGHTS
10.1 It is not intended that any third party will have any rights under the Contracts (Rights of Third Parties) Act 1999.
IN WITNESS whereof the Council and the Registered Provider/Housing Provider have hereunto affixed their respective Common Seals the day and year first before written
THE COMMON SEAL of the ) COUNTY COUNCIL was )
hereunto affixed )
in the presence of: )
THE COMMON SEAL of the )
Authority was hereunto affixed ) in the presence of: )
THE COMMON SEAL of the )
Registered Provider/Housing ) Provider was hereunto )
affixed in the presence of: )
Schedule 1 Property Acquired
Property Size and type
Social Care Eligibility Criteria
An adult meets the eligibility criteria where:
Their needs are caused by physical or mental impairment or illness
As a result of the adults needs they are unable to achieve two or more specified outcomes
As a consequence there is or is likely to be a significant impact on the person’s well-being
An adult is to be regarded as being unable to achieve an outcome if the adult:
Is unable to achieve it without assistance
Is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety
Is able to achieve it without assistance, but doing so endangers or is likely to endanger the health or safety of the adult or of others
Is able to achieve it without assistance but takes significantly longer than would normally be expected
Specified outcomes are:
Managing and maintaining nutrition
Maintaining personal hygiene
Managing toilet needs
Being appropriately clothed
Being able to make use of the home safely
Maintaining a habitable home environment
Developing and maintaining family or other personal relationships
Accessing and engaging in work, training, education or volunteering
Making use of necessary facilities or services in the local community including public transport and recreational facilities or services
Carrying out any caring responsibilities the adult has for a child