Introduction to the Community Cashback Agreement

Topics for today

• Why have an agreement• Legal framework• What does it cover• How long does it last• What if it goes wrong• Funding to help

Why have an agreement

• Landlord is delegating its responsibilities to the residents group

• Formalises the arrangement• Group is clear about what they must provide • Landlord commits to provide benefits/payment • Landlord can be reassured things done

correctly • Landlord can monitor outcomes

Legal Framework• Applies to local authorities only • General Approval for Housing Management

Agreements 2012 • Allows local authorities to enter agreements that

conform substantially to the model local management agreement

• Maximum period 5 years• Housing associations can delegate services as not

governed by the same law

Model Agreement (1)

• Who’s involved – Residents’ group and landlord details • What’s involved - area and type of service to be

provided, if the landlord is paying the group to provide the service

• Timing - start and finish up to max 5 years• Objectives – set out residents’ group objectives • Standards – key standards they will be required to

achieve (detail in appendix)• Money - what the landlord will pay the group, when

and how and how the group will manage the money

Model Agreement (2)

• A fair service - considering the needs of local community and not discriminating against anyone.

• Use and clawback – must use finds for agreed purpose or landlord can claw back money

• Dealings with property – group cannot sell , lease or hire any property/equipment provided by the landlord

• Insurance and indemnity – lists the insurance cover that the group must maintain and/or whether the landlord ‘s cover extends to the group

• Health and safety - landlord provides training, group keeps H & S records

Model Agreement(3)

• A quality service – landlord monitoring, addressing shortfalls and complaints

• Nature of the organisation – no changes to constitution or governing document without landlord consent

• Changing the agreement – landlord and group must agree changes and sign amended agreement. If major changes – start afresh

• Disputes and notices – independent mediation or arbitration or end the agreement

Model Agreement (4)

• Ending the agreement – either party gives 3 months notice

• Contacts – designated member of residents group/landlord

• Signatures – on behalf of landlord and residents group

The appendices

1. Plan of area covered by the agreement2. Specification of works 3. Health and safety requirements4. Form of contract to employ contractors to

provide all or part of the service.

How long does the agreement last?

• Set out in the agreement• Normally one to maximum five years • A new agreement can then be set up

provided further consultation and resident support

And if it goes wrong

• The agreement can be ended by either party giving 3 months notice

• But if it goes seriously wrong the landlord can end the agreement and take back the service (and money)

• The landlord will always have a duty to the tenant to make sure the service is delivered

Cashback toolkit

• Community cashback step by step guidance • Contains lots of model documents which you

can adapt to suit your own circumstances• Grant guidance and expression of interest

form • http://www.nftmo.com/content/content_tool

box.numo• http://www.tenantcentral.org.uk/community-

cashback/

Funding to help

• Starter grants available from TPAS/NFTMO to help residents and landlords set up agreements

• Maximum £3,000 • To Cover Training/Visits to other groups / Set

up costs/ Equipment and materials for running the Agreement