Defend council homes – FAQs

FAQs about the H&F defend council homes policy and consultation.

On this FAQ page:

Overview questions

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  • Why should we Defend Council Homes?

    Because residents who live in them love them – we know this from lots of survey feedback. Also, because continuing access to council and other affordable homes is really important if ordinary people are going to be able to afford to live in boroughs like Hammersmith & Fulham in the future.

  • What do we need to protect council homes from?

    Not everyone has residents' best interests at heart. Greedy developers, for instance, who might want to buy up the council's housing land to build luxury apartments.

    If there's going to be any redevelopment, it shouldn't result in the loss of affordable housing, so residents' interests have to be protected from day one.

    That's why we need a policy that is clear and has teeth.

  • What are the aims of the policy?

    The policy has three main aims:

    • To make sure residents are fully involved from the outset in any redevelopment proposals that are likely to significantly affect their homes.
    • To commit the council to meet the most up-to-date standards of good practice when consulting residents about any redevelopment proposals and when carrying out any redevelopment that significantly affects residents' homes.
    • To give residents a 'triple-lock' of protections against the council failing to meet its commitments and obligations.
  • What will the council be required to do under the policy?

    Under the policy, the council must:

    • Fully involve residents in any redevelopment proposal using the most up-to date standards of good practice. This means good communication and involvement throughout.
    • Ensure that a residents' steering group is set up for each redevelopment proposal.
    • If a redevelopment proposal goes ahead, the council must provide every resident affected with full information at every stage, explaining what they can expect from the council.
    • Provide residents with a formal mechanism for complaining to the council if they believe that the policy has not been complied with.
  • What are the legal protections that support the policy?

    The policy is reinforced by a 'triple-lock' of legal safeguards:

    First, the council will make binding commitments to residents through a legal principle known as legitimate expectation. Residents can rely on this principle and take action against the council in the courts if the council is not following its own policy.

    Second, the policy will require the council to register a legally binding restriction on title with the government's Land Registry. This means it has to prove it has complied fully with the policy before any of its freehold housing and property can be sold as part of any redevelopment.

    Third, there is an appeal mechanism built in for residents to use if they think the council isn't fully complying with the policy. If residents are not happy with the council's first response, they will be able to make a compliance referral to the council's monitoring officer.

How the policy would work in practice

About the DCHU

  • What is the Defend Council Homes Unit?

    The council set up the DCHU in 2017 to look at new ways of safeguarding the homes of council tenants and leaseholders and to make recommendations to the council.

  • Who is involved in the DCHU?

    It is a resident-led unit. Details about the three members of DCHU are on their website along with the brief the council gave to the unit.

  • Who is consulting residents now?

    H&F Council is consulting residents as their landlord and, subject to this consultation, it's the council that will adopt and implement the DCH policy. The DCHU has only advised the council about the policy.

  • Will the policy encourage the privatisation of estates?

    No - the proposed Defend Council Homes policy is about protecting residents against unwelcome redevelopment – which would include proposals to 'privatise' estates.

  • If another administration took over could they overturn the policy?

    Under housing law, the council has to consult with its secure tenants about housing policies. It is built into the DCH policy that any variations to it (including its full revocation) can only be made following full and appropriate consultation with residents. So, a future administration would not be able to simply overturn the policy.

About the consultation

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