EDINBURGH TENANTS FEDERATION

Transcription

1 EDINBURGH TENANTS FEDERATION Edinburgh s Federation of Tenants and Residents Associations Minutes of Federation Meeting Held on Tuesday 24 th May 2016 At 7 p.m. in Norton Park Conference Centre, 57 Albion Road Present: Member Group representatives: Birnies Court Residents Association Betty Stevenson Calders Residents Association Sharon Robertson Calders Sheltered Housing Residents Association Maureen Hendry Edinburgh Registered Social Landlords Residents Association Terry Kirby, John Landon, Irina Lazarenko, Kenny McLachlan, Bryan Pitbladdo, Evan Venters Gateside Residents Association Bill Walker, Grace Walker Goosander Residents Association Catherine Darling, Catherine Lynch Hailesland Park Neighbourhood Council Maud Wylie Inch Community Association Mark Mulgrew Laichfield Community Association Christine Hudson Maidencraig Court Residents Association Isabel Adams, John Adams, Harry Woodward Meadowfield, Paisley & Lady Nairne Residents Association John Fayrer Niddrie Mains Community Association Nicol Johnstone North Sighthill Residents Association John Aitken, Brian Cant Ratho Station Residents Association Barbara Stark Top Blocks Residents Association Madge Bold, Lorraine Pritchard West Cromwell, Persevere & Citadel Residents Association John Maclean Abercrombie, Heather Ford Associate Members: Friends of Moredun Elaine Masny, Derek Thomson Individual Tenants: Kelly Fernandes Harold Finlay Harry Guntley George Melville Yolanda Fernandes Jimmy Galloway Mrs McClenning (arrived late) Ollie Whiting Edinburgh Tenants Federation Justine Bradd, Mary Cockburn, Mark Henry, Clare MacGillivray Edinburgh Voluntary Organisations Council Steff Bell Edinburgh Tenants Federation Norton Park 57 Albion Road Edinburgh EH7 5QY info@edinburghtenants.org.uk

2 2 1. Welcome Betty Stevenson welcomed everyone to the meeting. She thanked everyone for attending and explained that the meeting would be looking at two very important issues Changing the legal status of the Federation and the Edindex Lettings Policy which is used by the City of Edinburgh Council and 21 Housing Associations with properties in Edinburgh. 2. Apologies Restalrig & Lochend House Residents Association Saughton Mains Terrace Residents Association Sarah Jane Juner Jan Mawdsley Katie McWhinnie John Murdoch Sheila Rutherford-McCallum Joe Stevenson Lynne Tait Davie Thomson 3. Minutes of 27/1/16 Corrections: Apologies had been received from John Fayrer. Page 2, last paragraph, 2 nd should read right care not right card. With the above corrections the minutes were proposed as a true record of the meeting by Maud Wylie and seconded by Nicol Johnstone. Agreed by the meeting 4. Any matters arising: None. 5. Becoming a Scottish Charitable Incorporated Organisation (SCIO) Betty handed over to Clare MacGillivray, ETF Development Coordinator. Clare explained that there would be two presentation on this topic, followed by a discussion by members and a vote on the motion to change the legal status of the Federation to a SCIO. Clare spoke to the presentation ETF: Why Change? Clare explained that the Federation is currently an unincorporated voluntary organisation meaning that liability rests on each Executive Committee(EC) member personally. There are risks for the EC in the: Employment of staff Contracts e.g. lease of office Service Level Agreement with the Council Pension Liability (currently approx 520,000) Possible tendering. ETF has been grant funded for 25 years but the service provided by staff may go out to tender. It is unclear if the Council will allow the Federation to bid for the contract under our current legal status.

3 3 The EC is looking to change the legal status of the Federation to: Reduce the personal liability of EC members Reduce the risk for the Federation as an organisation Seek a new legal status to protect ETF and the EC Seek a new legal status that fits with the ethos of the Federation Provide opportunities for funding as a charity. The Executive Committee has taken the following steps: Tender writing training for Office Bearers and staff January to April 2015 Submitted application to Just Enterprise for support to become tender ready May 2015 ETF Development Group set up August 2015 Independent advice for EC secured from Forth Sector August 2015 to August 2016 EC decided to seek advice on changing the legal status April 2016 EC decided to seek Members support to change to the legal status April 2016 Motion to Federation Meeting to consider changing legal status to SCIO May Clare then handed over to Steff Bell of Edinburgh Voluntary Organisations Council. Steff explained that her role is to guide the Federation through the process of changing to a SCIO. Steff spoke to the presentation Pros and Cons of a SCIO. After the EC agreed that there was a need to look at changing the legal status of the Federation different structures were looked at and the EC decided the most appropriate is to become a SCIO. Currently the only rules that the Federation works to are those in the constitution. Pros of becoming a SCIO: Public recognition and trust A lock on assets meaning that all that belongs to ETF can only be used for the organisation s purposes Tax relief possibly exemption from Corporation Tax Increased funding opportunities ETF can receive Gift Aid on fundraising donations. Cons of becoming a SCIO: Restrictions and regulation accounts submitted each year Unpaid board Cannot support political parties More regulation more scrutiny. Under the regulations ETF would have to comply with some admin functions including: Providing information on the qualifications, duties and powers of members Maintain registers of charity trustees and members

4 4 Act in the best interests of the organisation Show the charity number on all stationery including s. The Federation is already doing a lot of the things required of a SCIO. Questions were invited from the attendees: Q Is there any conflict between company law and charity law? A As a charity trustee you are expected to act with care and diligence. Under company law you only look after your own company so no real conflict. A lot of the company laws are not applicable to a charity. Q What is OSCR? A Office of Scottish Charity Regulator. This organisation keep a register of information on every charity in Scotland and this is displayed on their website. They will get involved if there are indications of any misconduct. Q If the application to become a SCIO is accepted will the Federation then be a separate body from the current ETF? A The current unincorporated ETF will not exist when ETF becomes a SCIO. All contracts held currently by ETF transfer to the new organisation. Q Would the members of the Executive Committee automatically become trustees? A - The EC would become the Board of Trustees and members will retain the right to elect people to the Board of Trustees. Q How does it change the membership of ordinary members? A It shouldn t but it is up to the membership if they want to change the constitution regarding membership. Q How will this affect the Service Level Agreement with the Council, can the funds be Gift Aided? A The funds cannot be Gift Aided as it is direct funding for a service but some organisations may only want to deal with incorporated bodies for tendering. Q The Council has been involved in discussions regarding co-production which the EC opted to take part in. Is this the only option and what is the Council s view on becoming a SCIO? A The Council have not said there will be a reduction in the Tenant Participation Budget and there has not been a direct discussion between ETF and the Council regarding the Federation becoming a SCIO. The Council are aware of the Pension liability and that this is the main driver in order to reduce the EC s personal liability for this. The Service Level Agreement is to 31/3/17 and we have no idea what will happen after that. Q Are there any restrictions regarding the pension deficit transferring to the new SCIO ETF? A The Federation has to get agreement from all companies in contract with ETF to become a SCIO; this includes the Pensions Trust. Q The Pension liability is a big risk for a small committee. What would happen if ETF needs to pay the pension liability? A ETF is currently in discussions with SCVO, with other organisations, to look at ways of reducing the pension liability.

5 5 Q Are there costs association with changing to a SCIO? A No, but there may need to be a change of bank account which could involve a small cost. Q What is the timescale for this? A The Federation needs to carry out a consultation with its members regarding changing the constitution and then rewrite the constitution. The application process its self normally take two months but there is the pension issue to explore. If things go well then the process should be completed within six months otherwise it could take a year. Q Will the EC come back to the membership if things don t work out satisfactorily? A There is no plan B as so much is unknown e.g. Service Level Agreement, Pension valuation. Members will be kept informed and all will have the chance to have input to the constitution rewrite. Q Has any other Federation changed from an unincorporated voluntary organisation to a SCIO? A No tenants federation have but Steff has worked with other unincorporated voluntary organisations. Q If the Federation does become a SCIO, the Council put the contract out to tender and the Federation does not win the contract what happens then? A It is still not known if the contract will go out to tender. The Council s Health, Social Care and Housing Committee will make the decision in September. The Federation has been making the point that the timeline for the process is not allowing enough time for all that is required. The meeting then broke into groups to chat over the issue. Motion: Ordinary Members are to consider, and if thought fit, agree the following motion that the membership of Edinburgh Tenants Federation seeks to apply for charitable status and incorporation as a Scottish Charitable Incorporated Organisation (SCIO). On completion of this application process, the association (ETF) will transfer all assets, liabilities and resources to the SCIO. The SCIO will retain the name of the old association (ETF). There were 16 groups eligible to vote on this issue and the meeting voted unanimously with this motion. There was a short break. Presentation on the Edindex / Council Lettings Policy Clare explained that no Council member staff was available to speak to the meeting on this. An attendee stated that they thought it was shocking that no one from the Council was in attendance.

6 6 Clare explained that the Council is going through the transformation programme and it is unknown who will be responsible for this piece of work. Clare talked to the presentation: The consultation period ends in August The Lettings policy is changing to reflect new legislation and pressure on the housing stock It will support the Capital Coalition pledges The new policy will go before councillors in November Edindex is the common register for 21 Registered Social Landlords and the Council. Applicants complete the Edindex form and then use Key to Choice to apply for properties. Three to four thousand properties become available per year which 50,000 being allocated since Edindex started. Clare asked people who rent from housing associations to check if their landlords are carrying out a consultation on this and to inform the Federation office if they are. Under Welfare Reform housing benefit paid to single tenants under 35 years old will be limited and there is a need for the council to look at joint tenancies for this groups of tenants. The council are proposing: Removal Gold or Silver priority if the priority is not being used appropriately e.g. tenant applying for two bedroom properties when they require a four bedroom property. If nobody with a local connection to outlying villages is shortlisted for a property is will be offered to the next person on the list. Preference on new build properties to existing council tenants with no antisocial behaviour / rent payments in place. Role of housing manager clarified discretionary decisions e.g. on adaptations. People can be suspended from offers of housing for rent arrears or ASB. The council are trying to get a balance across its housing stock. Properties will not be advertised in the Evening News. It is claimed that 90% of bids are done online. Paper bidding will be phased out. The council are looking at extending the vulnerable bidder scheme where the council will inform tenants registered on this that a suitable property is available and the council officer can submit a bid on the tenant s behalf. Questionnaires were distributed and the meeting was asked to discuss the questions in groups and then complete the forms individually. The forms will be collected at the end of the meeting and used to report tenants views on their proposals. The meeting agreed to discuss the points one by one all together. Shared tenancies to support the future housing needs of young people (under 35s) who may not be eligible for housing benefit from 1/4/18: Would you share a flat with a potentially disruptive person?

7 7 Everyone is entitled to privacy and a place of their own but under 35 s sharing may work if they were friends. Should vulnerable people be in shared accommodation? What about people with mental health issues? Will the council be installing front doors on bedrooms? This is a backwards step to the days of shared bathrooms and kitchens. There could be language barrier issues. Sharing should not be imposed. Sharing should only be on a voluntary basis and if not willing to share then tenant should be informed of time it will take for them to be housed. Should priority status (Gold and Silver) be removed if it is not being used appropriately? The timescale for getting a property is not good whether tenant on gold or silver priority of not. Gold priority given for medical reasons are being threatened with removal if tenant refuses properties in areas they do not want to live in. Remove silver priority but not gold as it is required by the tenants. What does not using appropriately mean? What happens if silver priority removed from someone who is homeless? Where no-one with a local connection to outlying villages is shortlisted should the property be offered to the next person on the list? Tenants trying to get out of private lets are being asked for one month s deposit and one month s rent in advance. Tenants with local connections can t get properties. What does local connection mean? Family in area, work in area? Agree it goes to next person on the list as there is a need to give people houses as soon as possible. The Council needs to build more houses and should have opposed the Right to Buy. Why does the local connection only apply to outlying villages? There is a demand for social housing in outlying areas but people applying with family connections are not homeless so are not getting the houses. Should there be a preference to allocate to existing council tenants new build developments (where tenants have no antisocial behaviour / rent arrears)? Most attendees felt there should be a preference. The Council needs to consider the Right to Return if people moved from houses being demolished. People get into rent arrears of ASB for all sorts of reasons but should they continue to be punished. How long does the ban for ASB last? They should not be blacklisted if there is no rehabilitation on ASB or plan for paying arrears. Need to know what this actually means.

8 8 Tenants should be suspended and helped to set up a repayment plan but informed of when the suspension will end. Definite suspension for ASB, but what is ASB? It depends on the circumstances of why in rent arrears. This could create ghettos full of ASB tenants. Housing Scotland Act states that tenants with ASB convictions should be suspended. Views on preference for those in employment when considering allocating Council mid market rent properties: Tenants with income above a certain limit are being told to go for mid market rent properties. Opposed to mid market rent by the Council. There is a section of society on good salaries but can t afford private rents. Views on Edindex only being available online and in area office: Against what is there is no internet access or area office some distance away. Should still be in the Evening News. Charity getting more and more people in to use computers to put in bids online. There needs to be more community computer access. No consultation on this being implemented. ETF not informed of this change. No discussion with tenants. People who work can t get to local offices. This is taking away people s rights. Progress Report Betty spoke to the Progress Report for the period January to March The Progress Report was proposed for acceptance by Lorraine Pritchard and seconded by John Maclean Abercrombie. The meeting voted to accept the progress report. Nicol Johnstone expressed thanks on behalf of the Sheltered Housing Liaison Group to Justine Bradd for all her hard work. The meeting was reminded that the deadline for returning membership forms and EC nominations is 3 rd June Everyone was encouraged to attend the Conference and AGM on Saturday 18 th June; bookings are now being accepted. Betty thanked everyone for attending and closed the meeting. Mary Cockburn