Leaseholders Council's Terms of Reference

These are the Terms of Reference as agreed by Leaseholders Council on 14 July 2005.

Aims and objectives
Terms of Reference
Membership
Attendance
Administration and support
Voting
Procedure
Executive meetings
Leaseholders Council Executive
Meeting procedures
Code of conduct
Exclusion of the press or public

1.  Aims and objectives

• To act as the recognised representative voice of Lambeth leaseholders
• To act as a consultative body on issues of borough wide concern to service charge payers, making referrals to and receiving referrals from Leaseholders patch meetings, to consider matters submitted by officers of the Council and responding to these as appropriate.
• To nominate representatives to receive agenda papers and attend meetings within and outside of the Council structure on behalf of the Lambeth Leaseholders Council.
• To further opportunities for deliberation of issues, and to provide continuity of contact between those receiving the housing service and the Council; the role of Lambeth Leaseholders Council will be subject to continual development.
• In the event of perceived difference between the Council and leaseholders to seek resolution by informed discussion and debate.
• To represent the interests of leaseholders to outside bodies e.g. Government Agencies.

2. Terms of Reference

• To monitor, question and investigate the policy and performance of the Council as service provider to leaseholders, identifying any shortfalls in achievements; by calling for relevant persons and papers and undertaking in depth investigations; and to make appropriate recommendations to Lambeth Tenants Council.
• Should Lambeth Leaseholders Council deem it necessary, for the better performance and discharge of its scrutiny functions, it may require the attendance at any of its meetings of any Member of the Executive and relevant officers.
• Should Lambeth Leaseholders Council deem it appropriate, to recommend the setting up and proposed terms of reference of a sub committee.
• To consider all referrals received holding the responsible Members and officers to account and ensuring that appropriate answers are supplied.
• To receive consultation documents and copies of reports in respect of housing, where such issues affect service charge payers, and any other such material relating to the discharge by the authority of its service delivery and provision that affects leaseholders of the Council, and to make recommendations as may be deemed necessary to Tenants Council or the Executive Member for Housing.
• To be consulted on, and input into, any service reviews being carried out by the Council that affect leaseholders
• To receive and consider reports on the scoping and progress of all service reviews.
• To monitor any action plans arising from such reviews
• To work with the Council’s scrutiny committees on matters affecting leaseholders informing them of the views of leaseholders and referring matters to them as appropriate
• To receive presentations from individuals or organisation within or outside of the Council structure to achieve better understanding of any issue that Lambeth Leaseholders Council so requires.
• To advise Lambeth Tenants Council at the time of the Borough wide Tenant Participation Compact review of any issues or concerns relative to leaseholders.
• To disseminate and respond to any consultative documents of information as it may see fit in the furtherance of the aims and objectives.

3. Membership and attendance

Membership

• Each annual patch leaseholders meeting shall nominate one voting delegate with one non-voting deputy; both delegates shall be leaseholders of the Council in the patch they represent.
• Each delegate to Leaseholders Council shall be a leaseholder elected by the patch meeting or the TMO liaison committee.
• Delegates from Tenants Management Organisations (TMOs)
• There shall be 4 TMO delegates elected by the TMO Liaison Committee
• The office of Chair and Vice Chair may not be held by TMO delegates.

Attendance

• I. All meetings of Lambeth Leaseholders Council shall be open meetings, with delegates as defined within these terms of reference.
• II. Freeholders who pay a service charge will be able to present new issues through their leaseholders patch representative and will be welcome to attend and observe such matters raised on their behalf.
• III. Elected Members and officers of the Council shall attend at the invitation of Lambeth Leaseholders Council.
• IV. Lambeth Tenants Council shall be invited to nominate delegates on an observer status basis, who shall have speaking rights, with the approval of the Chair.
• V. Both the Executive Member for Housing, the Leaseholders Champion, and the Executive Director of Housing (or nominated officer) shall be ex-officio non-voting, Members of Lambeth Leaseholders Council.
• VI. Lambeth Leaseholders Council shall have the power to co-opt persons who shall have no voting rights to the Leaseholders Council who, in their opinion, have a specialist interest, knowledge or expertise which would be of benefit to the Council and service charge payers in particular.
• VII. All delegates to Lambeth Leaseholders Council will be required to complete a registration form which will include a declaration of interests and code of conduct along with contact details and their consent to their contact details being made available to other Members of Lambeth Leaseholders Council, Members and/or officers of the Council.

4. Administration and support 

The Lead Officer shall be appointed by the Executive Director of Housing and shall be responsible for supporting Lambeth Leaseholders Council and in full consultation with the Chair, agendas, discussion papers, notice of meetings, and minutes shall be serviced by the Resident Participation Unit in agreement with the Chair of Lambeth Leaseholders Council.

5. Voting

• Each delegate nominated by the patch leaseholders meetings shall have one vote; in the absence of the nominated delegate the deputy from that forum shall be the voting delegate.
• Officers of the Council and Council Members shall have no voting rights and Council Members shall not be permitted to submit or table papers at meetings of the Lambeth Leaseholders Council.
• Meetings of Lambeth Leaseholders Council shall be open to the public subject to the exclusion clauses set out below and Members of the public shall be entitled to speak at the discretion of the Chair.

6. Procedure

• Venue for the meetings of Lambeth Leaseholders Council shall be the Town Hall or other locations with the agreement of the Chair. Such locations will have disabled access.
• There shall be a minimum of four meetings per year
• The time for meetings shall be 7pm and the duration shall not exceed three hours but may be extended at the discretion of the Chair, having taken into account the views of those delegates present.
• The Chair at any time as a matter of urgency may call extraordinary meetings.
• Eight voting delegates may by written request to the Chair call for a special meeting of Lambeth Leaseholders Council to be held for a purpose specified in that request. If the Chair fails to call such a meeting within 28 days of receipt of that request the eight delegates may forthwith instruct the Lead Officer to convene the requested meeting.
• At least 5 working days before all intended meeting notice shall be delivered to every nominated delegate listing the date, time, location and business to be conducted. Such notice will be sent by officers of the Resident Participation Unit to the address as given on the registration form submitted by each nominated delegate. Any incidence of failure to receive such notice shall not invalidate the proceeding of the meeting.
• The notice of meetings, agenda and minutes of all meeting shall be made available to the public on the Internet and upon request from the Resident Participation Unit.

7. Executive meetings

• Meetings of the Executive shall be held between each meeting of the Leaseholder Council in order to carry out preparatory work to ensure the smooth running of the Lambeth Leaseholders Council.
• Executive Members are required to attend meetings or send apologies. Should a delegate fail to show for three consecutive meetings, they will be deemed to have resigned unless there are extenuating circumstances. These would be considered by the Executive on the occasion of the delegate’s third absence and the decision to re-instate or not would be at the absolute discretion of the Executive.
• The agenda for Leaseholders Council will be agreed by the Executive. Officers of the Resident Participation Unit will collate agenda items submitted by delegates, officers, Area Forums, and other items agreed with the Chair. There shall be an automatic right for referrals from delegates and Area Forums to be considered for inclusion on the Agenda for the next possible meeting of Lambeth Leaseholders Council. Officers shall also initiate further work within the Housing Directorate and throughout the Council that is leaseholder related at the request of Lambeth Leaseholders Council and ensure that matters identified by the meeting are referred to patch meetings or other sections of the Council as appropriate.
• The Executive will receive reports at each meeting on a regular basis from leaseholder representatives from each Area.

8. Leaseholders Council Executive

• The Executive shall consist of the Chair, Vice Chair, Secretary, and six other Members elected annually. The six other members will be one delegate from each of the five Areas and one TMO delegate.
• Lambeth Leaseholders Council shall nominate three representatives to attend Lambeth Tenants Council one of those so nominated will be the Chair of the Leaseholders Council.
• The Chair shall, if present, preside at every meeting of Lambeth Leaseholders Council. In the absence of the Chair, the Vice Chair shall if present preside. In the absence of either, Lambeth Leaseholders Council shall elect one of its number to preside at the meeting who shall decide all matters of order and relevancy. Their decision in this respect shall be final.

9. Meeting procedures

• Quorum: no business shall be transacted at any meeting of Lambeth Leaseholders Council unless eight voting Members are present.
• Voting shall be by show of hands and the issue shall be decided by a simple majority of those present.
• In the event of an equality of votes the person presiding shall have no second or casting vote and the proposal concerned shall be deemed lost.
• Minutes of meetings: Draft minutes shall be drawn up by officers of the Resident Participation Team and submitted to the Chair and Secretary within 10 working days of the meeting
• The draft minutes shall be submitted to the next possible meeting for approval.
• Lambeth Leaseholders Council shall be empowered to establish both working parties and sub-committees to deal with specific matters as it sees fit. The Membership of such working parties and sub committees shall be decided by Lambeth Leaseholders Council and may be open to non-delegates.
• Sub committees may be set up with delegated powers and within their terms of reference to act on behalf of Lambeth Leaseholders Council.
• Minutes must be taken at all sub committee meetings and agreed as a correct record of business transacted at the immediate following meeting; copies of the minutes shall be available to all members of Lambeth Leaseholders Council.
• Notice and an agenda of each meeting along with an attendance record sheet shall also be a requirement of sub-committee procedure.
• Any report or recommendations of the working party may be submitted to Lambeth Leaseholders Council in either written or verbal format.
• The Chair or Vice Chair shall be ex-officio Member of any such working party and/or sub-committee
• All such working parties and subcommittees shall be responsible to Lambeth Leaseholders Council and shall report back on all work undertaken at appropriate times or when requested to do so; it will be incumbent upon the Chair of Lambeth Leaseholders Council that delegates are informed of the business transacted by the appointed working parties or sub committees.
• Working parties or sub committees may be wound up at any time before the completion of their determined tasks at the discretion of Lambeth Leaseholders Council.
• In exceptional circumstances for the transaction of business, delegates may suspend for that meeting only, standing orders to ensure Lambeth Leaseholders Council is able to consider agenda items in the furtherance of its aims and objectives.

10. Code of conduct

• To ensure that Lambeth Leaseholders Council meetings are conducted in the spirit of equality and informality in which minority groups and opinions can be heard, the following code of conduct shall apply to Lambeth Leaseholders Council meetings.
• Lambeth Leaseholders Council should include provision for the involvement of under represented sections of the community and it is therefore important that all of those participating are given the opportunity to express their views and are treated with equal courtesy including those not used to speaking in public or whose first language is not English.
• All participants at Lambeth Leaseholders Council have a responsibility to conduct themselves in a way that does not cause offence to others or limits in any way the ability of others to participate in the meeting.
• This includes the use of abusive language, racist, sexist or other derogatory remarks or actions, behaviour that intimidates people who are speaking or wish to speak or prevent people from expressing their views through interruption or talking while others are contributing to the debate or discussion.
• Delegates should be particularly sensitive to the needs of those who may not be used to Lambeth Leaseholders Council.
• Delegates who consider that this code of conduct has been broken should raise it with the Chair either at the time or immediately after the meeting.
• The Chair with the advice of relevant delegates and officers will judge whether the person has breached the code of conduct. If there has been a breach those present will have the discretion to suspend the person or persons responsible from the meeting. If the matter is raised between meetings, the Executive will decide appropriate action (including suspension) to be ratified at the next Lambeth Leaseholders Council meeting. Future participation by the person or persons concerned will be dependent upon a commitment being given to Lambeth Leaseholders Council that such behaviour will not be repeated.

11. Exclusion of the press or public 

The public and/or press shall be excluded from a meeting of Lambeth Leaseholders Council during an item of business whenever it is likely in the view of the nature of the business to be transacted or the nature of the proceedings, that if Members of the press or public were present during that item, confidential or sensitive information would be disclosed to them in breach of the obligation of confidence.