Management Agreement by G2ED1p

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									                  Irish Council for Social Housing




_________________________________________________________________




                MANAGEMENT AGREEMENT

                                   Between

         Voluntary Housing Associations (HA), the Local Authority (LA)

                                      &

                     The Health Service Executive (HSE)




27 March 2009
                   Irish Council for Social Housing


TABLE OF CONTENTS

   1.    Purpose of the Agreement

   2.    Aims & Objectives

   3.    Purpose and Function of the Voluntary Housing Association, the Local
         Authority and the Health Service Executive

   4.    The Agreement

   5.    The Parties

   6.    Status of the Agreement

   7.    Duration of the Agreement

   8.    Responsibilities of the Housing Association

            Rent Payments and Voids
            Provision of property
            Tenure/ownership
            Allocations
            Housing Management
            Insurance
            Repairs and Maintenance

   9.    Responsibilities of the Health Service Executive

            Allocations
            Insurance
            Support/care provision
            Alterations

   10.   Responsibilities of the Local Authority

   11.   Termination of the Agreement

   12.   Shared Interests

   13.   Information Exchange




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                           Irish Council for Social Housing

      14.         Delivering the Agreement


      1.          PURPOSE OF THE AGREEMENT

 The main function of this agreement is to clearly set out and establish the roles
and responsibilities of the respective organisations party to the agreement. This
agreement will principally assist the improved activity of the organisations
represented at the levels of service and practice; it will also ensure the service
user is gaining the best possible service provision in respect to their combined
housing and support/ care needs. The potential of closer working between
organisations should be a necessary by-product of joint working.

2.0                  AIMS AND OBJECTIVES

2.1                  The aim of the parties to this agreement is to ensure high quality
                     provision of housing services and support for the people occupying
                     the properties covered by this agreement as listed in Schedule 1.

2.2                  The Housing Association (HA), the Local Authority (LA) and the
                     Health Service Executive (HSE) will work in partnership. The HA
                     will provide a housing management service in respect to the
                     tenants of the properties listed in Schedule 1. The HSE will provide
                     a resource (funding/ staff) which will provide a support service to
                     the tenants where appropriate. The LA will assist the HA where
                     appropriate and be consulted in respect to vacancies as they arise
                     in the properties.


3.0         PURPOSE AND FUNCTION OF THE VHA, THE LOCAL
            AUTHORITY (LA) AND THE HEALTH SERVICE EXECUTIVE (HSE)

            3.1      The Housing Association’s (HAs) primary objective is the relief of
                     housing need and the provision and management of housing. The
                     HA also has specific duties under the Housing (Rent books)
                     Regulations 1993 and the Housing (Standards for Rental Property)
                     Regulations 1993 in addition to the relevant Health and Safety
                     legislation to the tenants resident in the accommodation.

            3.2      The Local Authority is an enabler and funder of the HA and
                     therefore has an interest in the prospective tenants allocated the
                     accommodation and the use of the accommodation. Schemes
                     developed under the Capital Assistance Scheme prior to 1
                     November 2007 should allocate 75% of lets to those eligible to be


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                   Irish Council for Social Housing

            on the LA waiting list; 100% lets to those developed after 1
            November 2007 under the 100% Capital Assistance Scheme . The
            Local Authority will assist and help the HA in setting an appropriate
            rent under the Rental Accommodation Scheme (RAS). The Local
            Authority has a monitoring role in respect of compliance with the
            mortgage conditions.


      3.3   The HSE will assess the support/care needs of the clients and
            identify appropriate resources to provide the appropriate services
            to meet the support needs of the tenants. The HSE will provide
            resources either in the form of funding or staff to provide the
            necessary support/ care to the tenants.



4 THE AGREEMENT

      This is an Agreement covering the working relationship between
      ……………………………. (The HA/landlord) and ……………………………….. (The
      Support Provider) in relation to the tenancies at the following addresses
      ……………………………….


5 THE PARTIES

      ……………………………………………………………………… (HA as the Landlord)

      ……………………………………………………………………… (Address of landlord)

      ………………………………………………… (Contact details for Landlord)

      ……………………………………………………………………… (The Support/ Care
                                     Provider/HSE)

      …………………………………………………………………….. (Address of Support/
                                       Care Provider)

      ………………………………………………… (Contact details for Support/ Care
      Provider)

      ………………………………………………………………….. (The Local Authority)

      ………………………………………………………………….. (Address of LA)


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                    Irish Council for Social Housing


      ………………………………………………… (Contact details for the LA)

      The parties to this agreement should notify one another where contact
      names/details change.



6 STATUS OF THE AGREEMENT

      All parties recognise that this agreement supersedes any previous
      agreements between the parties, whether written or otherwise, relating to
      the services provided.

7 DURATION OF THE AGREEMENT

      …………………………………………………………….. (Start date)

      ……………………………………………………………… (Termination date)
      (Ongoing)

      ……………………………………………………………… (Review date)


8.0   RESPONSIBILITIES OF THE HA

8.1   Rent Payments and Voids

8.1.1 The HA will keep the LA informed of any vacancies and consult in respect
      of allocating any property that becomes vacant.

8.1.2 The HA is responsible for setting an ‘economic rent’ for the
      accommodation under schemes funded through the Capital Assistance
      Scheme (CAS) and for making adequate provision for a sinking fund.

      The rent policy will be reviewed annually. Consultation with the
      Community Welfare Officer and the Local Authority will form part of the
      rent setting exercise.

8.1.3 The HA will be responsible for the collection of rent and any other service
      related charges.

8.2   Provision of property




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                      Irish Council for Social Housing

8.2.1 The HA will provide appropriate tenancies for individuals nominated by the
      HA (in discussion with the HSE) and approved by the LA at:

        (Addresses and number of tenancies at each address)

        It is anticipated that a total of up to (specify number) tenancies will be
        provided. The details of properties not specified above will be
        incorporated into this agreement by way of a variation.


8.3     Tenure/ ownership

8.3.1      The properties covered by this agreement are the property of the HA
           and as such the residents are tenants of the HA as the landlord.

8.3.2      The HA will ensure that each of its tenants has a written Tenancy
           Agreement and provide a rent book (or similar document) for each
           tenancy. (Refer to Schedule 2 for a standard ICSH Tenancy
           Agreement).

8.3.3      For practical purposes, the terms of the tenancy agreement will be
           discussed with the advocate* of individuals with a severe intellectual
           disability. Where tenants do not have the capacity to sign the tenancy
           agreement, the advocate may do so on their behalf. The advocate,
           acting on or behalf of the tenant, will be working as part of a multi
           disciplinary team in liaison with the parents and friends.

           *For these purposes an advocate may be a spouse, parent or relative;
           a guardian or a person acting as loco parentis; a legal representative
           or a personal advocate assigned by a Citizens Information Board
           (formerly Comhairle) to represent the person.



8.4     Allocations

        The HA will be responsible for allocating properties under its letting policy
        statement and in consultation with the LA under the terms of the
        mortgage agreement. The Letting policy statement will set out its
        statement of purpose/provision. (
        The HA is required to confirm occupancy to the LA on an annual basis by
        providing a statement of the names of all the tenants, including those first
        let in the previous year. Changes throughout the year must also be




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                     Irish Council for Social Housing

        notified. Using this information, the LA will review the tenants continued
        eligibility for rent allowance. The HSE will ensure the HA is in receipt of
        this information in order that it can comply with this requirement.


8.5     Housing Management

8.5.1 The HA as landlord will be responsible for the day to day housing
             management of the tenants and the accommodation. This will
      entail dealing with tenant disputes, rent, allocations, legal issues in
      relation to   the tenancy, tenancy terminations, repair requests and other
      tenancy       related matters. It would be good practice to set out how
      these matters are dealt with in a Tenants Handbook.

8.6     Insurance

8.6.1      The HA will insure against all relevant risks, including:
           (1) The loss or damage to the buildings, fixtures and fittings/
               contents.
           (2) Claims from third parties, including members of the public,
               residents, or employees of the Association,

8.6.2      The HA will ensure that the LA is named as an interested party for the
           duration of the mortgage.

8.6.3      The HA agrees to supply details to the LA and HSE of the Insurance
           company, policy number, type of cover and amount insured.

8.6.4      Insurance of the tenant’s personal belongings is the responsibility of
           the tenant.


8.7     Repairs and maintenance

8.7.1 The HA is responsible for repairs to the property as set out in the tenancy
      agreement and under the Housing (Standards for Rented Housing)
      Regulations 1993. The HA will endeavour as far as reasonably possible to
      carry out all repairs within target response times.

8.8.2 The HA will make provision for future major repairs to the property either
      through cyclical maintenance or a planned maintenance programme.

8.8.3 In general the HA is responsible for structural repairs and external
      maintenance while the tenant is responsible for interior decoration. (Refer


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                     Irish Council for Social Housing

       to Schedule 3 for more information on repairs and maintenance
       responsibilities.)


9.0    RESPONSIBILITIES OF THE HSE


9.1    Allocations


9.1.1 The HSE will consult with the HA where there is a requirement for housing
      with support/care; the HSE will be directly involved in the provision of the
      care/ support to the prospective tenant.

9.1.2 Advice will be provided by the HSE to the HA about the suitability of
      potential tenants based on any prior assessment of individual applicants
      by the HSE. This will not involve the disclosure of confidential medical
      assessment information. The HSE will seek to ensure compatibility of
      potential tenants with existing tenants already in residence in shared
      accommodation.

9.1.3 Where possible the HSE will give the HA 4 weeks notice of any potential
      vacancies (void properties) that may arise from time to time. The HA, in
      consultation with the HSE, may allocate casual vacancies from the LA
      waiting list where the LA confirms the tenants housing need and eligibility.
      Allocations should be appropriate to the accommodation and in line with
      the HA’s Letting Policy Statement. Good communication is necessary to
      ensure the LA maintains an up to date waiting list. Generally the HSE will
      assess the care needs, though this is part of the housing needs
      assessment.

9.2    Insurance

9.2.1 The HSE will insure against all relevant risks, including:

       (a) Employers liability insurance where staff are employed in the HA
           provided by the resources of the HSE.
       (b)Insurance to cover specific equipment or adaptations provided from
           resources from the HSE.


9.3    Support/ Care Provision

9.3.1 The HSE has responsibility for ensuring the tenants have adequate
      support/ care, which meet their specific needs. The support/ care will be


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                    Irish Council for Social Housing

      to the best possible standard and in accordance with legislation, having
      full regard to best practice.

9.3.2 The HSE will determine the care and support needs of individual tenants
      and also establish specific requirements around staffing levels,
      qualifications of staff and set in place care plans for individual tenants.

9.3.3 Given the changing nature of care support needs, the HSE will review
      tenants Personal Care Plans periodically. Where it becomes apparent that
      a tenant requires greater care/ support than can be provided in the HA’s
      accommodation, the HSE will explore alternative options with the tenant
      and advocate where appropriate, so that more appropriate
      accommodation to meet the changing needs of the tenant can be
      identified. The HSE will arrange for move on accommodation.

9.3.4 Where the HSE contracts with another Service Provider, it will put a
      Service Level Agreement in place.


9.4   Alterations

9.4.1 The HSE must notify the Association where modifications or alterations
      are to be made to a property to cater for a specific need of a tenant. The
      HA may require full reinstatement to original should the alternation no
      longer be required.



10.0 RESPONSIBILITIES OF THE LOCAL AUTHORITY

      10.1   The LA is responsible for assessing all applicants housing needs
             and eligibility. It will maintain a waiting list of approved applicants
             for such accommodation. Under the 95% Capital Assistance
             Scheme, the LA has clear rights to nominate applicants to one
             quarter of all individual tenancies. There is prior consultation by
             the HA with the LA in relation to all other tenancy allocations.

      10.2   Where the LA chooses to exercise its nomination rights fully, one
             quarter of the tenancies will be given to applicants nominated by
             the LA; at least half of the tenancies will be allocated to other
             applicants who are included or have been accepted for inclusion in
             the LA Housing Needs Assessment or elderly emigrants, and the
             remainder may be given to other applicants in need as determined
             by the HA. All Parties will deal with nominations and allocations to


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                    Irish Council for Social Housing

              vacancies in the HA properties promptly as they arise to minimise
              the time properties are empty and to ensure efficient void
              management. .

10.2   The LA will ensure where HA’s on behalf of tenants are accessing funding
       under the Rental Accommodation Scheme (RAS) that payments are made
       promptly at least one month in advance directly into a HA account.


11.0 Termination of the agreement

11.1   The agreement may be terminated by 3 month written notice by any party
       to the agreement. The HSE will have responsibility for arranging for
       move-on for vulnerable tenants in tandem with the termination of the
       contract.

11.2   The agreement will terminate by default if (a) If the HA fails to be an
       approved housing body by the DOEHLG, or (b) the HA ceases to own the
       properties which are the subject of this agreement.

12.0 Shared interests

12.1   All organisations share a primary aim of improving the outcomes and
       experiences of the service user. The Housing Association through
       meeting the housing needs of those who apply; the HSE through the
       provision of appropriate support/ care to meet the health needs of the
       client and the Local Authority to ensure that the tenant is satisfied with
       the housing service provision in the Authority area.

12.2   It is a shared objective of all organisations party to the agreement that
       the changing needs of the tenant over time are taken into consideration,
       and as such the best possible outcome achieved to meet these needs.
       The HSE in consultation with the HA should agree to carrying out a
       combined assessment of the housing and health needs of the tenant to
       ensure the appropriate accommodation solution is found which best meets
       those changing needs of the tenant. This is essential to avoid the ‘silting
       up’ of scarce accommodation, which could meet the needs of another
       prospective tenant.

13.0 Information exchange

       13.1   Information about tenants will be exchanged where any party to
              the agreement has concerns about the tenant’s ability to continue
              in the tenancy due to changing housing or health needs.


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                    Irish Council for Social Housing

       13.2    Tenants and their advocates will be given information on various
              roles of parties as part of the tenancy agreement/pre-tenancy
              briefing.

14.0 Delivering the agreement

14.1   The onus for the delivery of this agreement will be with the agencies
       shared vision to provide the best possible service to the service user to
       meet their specific housing and health needs at any particular point in
       time.

14.2   In order to ensure the agreement is successfully delivered there is an
       undertaking by all parties to ensure there are open lines of communication
       between each organisation. Where contact persons change, each party
       will notify the others of the change of name as soon as possible.

14.3   There will be ongoing communication throughout the year in relation to
       vacancies and how the agreement is working. Additionally there will be at
       least one tripartite meeting each year to formally review the operation of
       the agreement and to ensure good practice in service delivery.

15.0 Signatures


Signed on behalf of the Housing Association

                                         …………………………………………

Date: …………..


Signed on behalf of Local Authority …………………………………………

Date: ……………


Signed on behalf of HSE ………………………………………………….

Date: ……………..




27 March 2009

								
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