Many will have seen a recent article in the housing and national/local press relating to an ongoing issue between a TMO and the local council in LB Lambeth*. In response the council have seen fit to write to the Secretary of State to request that the forthcoming review of the Right to Manage increases the powers of landlords to address poor TMO performance and, ultimately, to make it easier for TMOs to be closed. The story was originally covered in early December but we are please note that the article on 5th January includes the points we made in response to the December article.
This may be surprising to many members (as it was to us) as the Management Agreement does give a lot of power to landlords already to address poor performance. Powers include removing the delegated task from the TMO, improvement plans, breach notices, supervision agreements (whereby the landlord takes direct control of the TMOs actions) through to ending the management agreement entirely where the breach is so serious or the TMO has failed to comply with other actions required to improve its performance.
We therefore struggle to understand what it is the council landlord would wish to see in addition to these powers? Of course to implement any of these actions the landlord must be undertaking regular monitoring of the TMOs performance and should be addressing issues whilst they are minor rather than waiting for the performance to escalate into major issues. In this case we don’t know what has happened so far but we’re always available to help resolve issues.
What is clear from recent years though is that if this TMO is closed down entirely, a new ‘phoenix’ TMO will not rise from the ashes.
*The article is behind a paywall on the Inside Housing website