Le dimanche 21 octobre 2012 17:55:44 UTC+1, Martin Dittus a écrit :
It's also worth mentioning that OneClickOrgs is now working with Cooperatives UK to set up an online tool for cooperatives.
I wasn't sure if this was something I could mention, but now Martin has said so, yes, we are putting together something which should have an acceptable template constitution available from co-ops UK as a sponsoring organisation that is compatible with oneclicks e-governance.
I am of course doing none of the heavy lifting - even if I had time I'm a python man really and the coding is in ruby - so I don't know how that end is going.
Just a quick remark about how co-op constitutions work. To get the goodness out of being a housing co-op you should really incorporate as an Industrial and Provident Society (oooer). They are regulated by the FSA rather than Companies House. Registration of a society increases in price the more variations you have from a model constitution sponsored by a sponsoring organisation (like co-ops). Its different.
The "goodness" above is that a fully mutual housing co-operative avoids a lot of older housing legislation. The theory (not an unreasonable one) is that if all the tenants "own" the landlord then you can rely on tenant democracy to decide on things like eviction and can therefore not bother with lots of modern tenant protection law (assured (whether or not shorthold) tenancies don't exist for fully mutual housing co-ops for instance).
I say "older" because whoever it was in the relevant government department who knew about co-ops must have retired or somehow legislative drafters lost the plot, so some much more recent legislation doesn't have a "but not co-ops" clause.
This created a cunning trap. Many (most?) housing co-ops had a clause in their tenancy agreements saying something along the lines of "we won't evict you unless you are bad". Which expresses what most intended. So in theory the co-op can evict at will, but in practice they won't, they'll go through proper internal processes.
Alas, as any landlord and tenant law geek will tell you, a tenancy *must* have a fixed length. You can't have an indefinitely long tenancy. That's a contradiction in terms. The fixed length can be lots of baby fixed lengths (eg weekly) but you can't have a "forever unless you are bad" type of tenancy. Error.
But we've been doing property law for centuries, so a long time ago the courts thought of a wheeze to get around this. An indefinite tenancy would be assumed to be a tenancy "for life" (for the life of the tenant). It then has a specific and certain end-point, but obviously you have to wait to see when it will be. So its "fixed" but not certain. Life tenancies were often used anyway because, obviously, you often want to say to someone "you can live here as long as you live" with the understanding you get back the property afterwards.
But in 1925 eager reformers in Parliament were having none of this. They wanted nice, fixed, length tenancies that you could always know, in advance, exactly when they would end. They included in the massive 1925 land law reform a rule that any tenancy for life auto-converted into a 90 year tenancy (which was long for a life in 1925) plus a provision it could be ended early if the tenant died.
In theory that means that any "we won't evict you unless you are bad" tenancy (such as a lot of co-ops had) would be "indefinite" and, under ancient common law rules, be treated as a tenancy for life (rather than just failing) and then auto-converted by the 1925 Act to 90 year tenancies. So, secretly, even though they didn't know it, all those tenants of housing co-ops actually had 90 year tenancies.
So the Supreme Court found a couple of years ago.
So that was very weird, but careful examination showed the weirdness was worse than it seemed because of ignorant 21st century law makers - who probably slept through Land Law at university, assuming they ever attended the lectures. In 2002 they passed legislation containing a bunch of rules to protect long leaseholders. One rule required a landlord to notify a tenant between 30 and 60 days in advance of any rent being due. That works fine for *annual* rents of £1 or a red rose, but does not make sense for a tenant paying weekly on housing benefit.
Hence: totally ridiculous situation.
Hence therefore my remark that there's are a few things that require care when putting together a housing co-op.
Please forgive my brain dump. I will let you get back to all the wonderful things you do with real objects.
I'll happily refer any hacker co-op groups to the appropriate people if needed.
Excellent. If anyone wants to talk to one-click about it, Martin is your man.
Francis