Transfer Agreement p.12
“Regeneration Works” shall mean the works proposed to be carried out by or on behalf of the Company for the building of 130 Dwellings or an equivalent number of habitable rooms to those lost in the redevelopment of Balfron Tower and Carradale House [sold] to enable the Housing Choice Option to be exercised by those people resident in Balfron Tower and Carradale House.
Transfer Agreement p.33
In the event that the Council is unable to obtain [full] vacant possession of Currie House [without prejudice to the Company’s obligation under 17.7.1] within twelve months from the Completion Date the Council shall support the Company in making a[n] reasonable application to the Common Housing Register partners for decant status for [up to] 41 units in parts of the Estate known as Balfron Tower and Carradale House to assist any additional residents who wish to move into new accommodation.
Fifth Schedule p.5 2.10 Rights of Tenants Following Transfer
The Company shall use best endeavours (save that in relation to any works referred to in Clause 2.9 and 2.13 the limitations on the Company’s obligation set out therein shall apply) to fulfil all of the promises to Qualifying Tenants made on behalf of the Company as set out in the Consultation Document and in particular but without prejudice to the generality of the foregoing to ensure all Qualifying Tenants of the Company are given the additional rights as follows:
2.10.1 Security of Tenure
The Company shall not seek to gain possession of any of the Dwellings occupied by the Qualifying Tenants on any grounds other than those set out in the Assured Tenancy Agreement notwithstanding that it may have a statutory right to use other grounds for possession under the Housing Act 1988, nor will it seek to gain possession in relation to the succession by any person who has a right of succession under Clause 5.7 of the Assured Tenancy Agreement or who would have had such right if the Assured Tenancy had not been varied save to the extent that possession proceedings are necessary to ensure the succession of such persons.
Fifth Schedule p.8-9
2.22 New Developments and Redevelopment The Company shall for so long as it retains its status as one of the Council's approved development partners consult with the Council and its partners about the nature and type of the accommodation, the form of its tenure and its management requirements prior to undertaking any development or new development of the same in the Borough of Tower Hamlets and for the purposes of this Clause 2.22 "approved development partner" shall mean an organisation approved by the Council as being entitled to apply to the Council for social housing or other comparable grant from time to time.
2.25 Leaseholder Recharges for Works
Where pursuant to the terms of their lease with the Council, Leaseholders will be under an obligation after the Completion Date to make a contribution to the Company towards the costs of major works and/or improvements and the Leaseholder's liability towards the costs of those works of repair and/or improvement exceed £10,000 the Company as directed by the Council agrees to abide by its promises made to Leaseholders(in section 2.6 of the Consultation Document) to comply with the Council's common policy framework on leaseholder recharges as the same may be varied or amended from time to time so as to limit the contribution of Leaseholders towards the costs of the major works of repairs and/or improvement to £10,000 where the terms of the Council’s common policy framework are applicable to the circumstances of the Leaseholder PROVIDED THAT the provision of this clause shall not preclude the Company from recovering any discount allowed to any Leaseholder under the Council's common policy framework where the Leaseholder sells the Dwelling within 7 years of the date that the Company agrees to discount the costs of the Leaseholder's contribution towards the costs of the major works of repairs and improvement.
Fifth Schedule p.9
2.26.5 The Company hereby agrees that it shall (subject to receiving all necessary consents for the same) use all reasonable endeavours/to build or procure to be built 130 Dwellings or an equal number of habitable rooms [to those sold] to enable the Housing Choice Option to be exercised by residents of Balfron [Tower] and Carradale.[House].
2.26.6 Subject to the availability of funding the Company shall be entitled to build or procure to be built up to a maximum of [326] residential dwellings for private sale. The Company shall be further entitled to build or procure to be built additional residential dwellings beyond those set out in this clause subject to giving prior notice in writing additional residential dwellings or such other percentage as may be reasonably of such intention to the Council. The Company hereby agrees that 35% of such required by the appropriate planning authorities from time to time shall be designated social housing.
Fifth Schedule p.10 3. CPO POWERS
The Council if requested by the Company [use all reasonable] endeavour[s] to obtain the formal consent of
the Council cabinet for the purposes of making a Compulsory Purchase Order in relation to any Third Party Interest relating to Tweed House.
Fourteenth Schedule p.6
“Social Housing” the provision of dwellings for letting at affordable or below market rents (including the sale of dwellings on shared ownership or other equity sharing terms) to persons in housing need which includes the provision of accommodation for wardens and other support staff in hostels or sheltered schemes and the provision of accommodation for students workers in key public services and asylum seekers as contracted by the Home Office
Seventeenth Schedule p.11-12 SCHEDULE OF QUALIFYING WORKS
To undertake a complete cycle of refurbishment works to the housing stock to be transferred including but not limited to:-
2.10 Rights of Tenants FollowingTransfer
The Company shall use best endeavours (save that in relation to any works referred to in Clause 2.9 and 2.13 the limitations on the Company’s obligation set out therein shall apply) to fulfil all of the promises to Qualifying Tenants made on behalf of the Company as set out in the Consultation Document and in particular but without prejudice to the generality of the foregoing to ensure all Qualifying Tenants of the Company are given the additional rights as follows:
2.10.1 Security of Tenure
The Company shall not seek to gain possession of any of the Dwellings occupied by the Qualifying Tenants on any grounds other than those set out in the Assured Tenancy Agreement notwithstanding that it may have a statutory right to use other grounds for possession under the Housing Act 1988, nor will it seek to gain possession in relation to the succession by any person who has a right of succession under Clause 5.7 of the Assured Tenancy Agreement or who would have had such right if the Assured Tenancy had not been varied save to the extent that possession proceedings are necessary to ensure the succession of such persons.
2.26.5 The Company hereby agrees that it shall (subject to receiving all necessary consents for the same) use all reasonable endeavours/to build or procure to be built 130 Dwellings or an equal number of habitable rooms [to those sold] to enable the Housing Choice Option to be exercised by residents of Balfron [Tower] and Carradale.[House].
2.26.6 Subject to the availability of funding the Company shall be entitled to build or procure to be built up to a maximum of [326] residential dwellings for private sale. The Company shall be further entitled to build or procure to be built additional residential dwellings beyond those set out in this clause subject to giving prior notice in writing additional residential dwellings or such other percentage as may be reasonably of such intention to the Council. The Company hereby agrees that 35% of such required by the appropriate planning authorities from time to time shall be designated social housing.
To undertake a complete cycle of refurbishment works to the housing stock to be transferred including but not limited to:-