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Alex Marsh (SPS) & Dave Cowan (Law)

The lengthening arm of the regulatory state and the dwindling independence of housing associations Housing Studies Association 2010. Alex Marsh (SPS) & Dave Cowan (Law). Tenure restructuring. Numerical transformation Organisational change Shift to ‘mega’ RPs A partial account?

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Alex Marsh (SPS) & Dave Cowan (Law)

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  1. The lengthening arm of the regulatory state and the dwindling independence of housing associationsHousing Studies Association 2010 Alex Marsh (SPS) & Dave Cowan (Law)

  2. Tenure restructuring • Numerical transformation • Organisational change • Shift to ‘mega’ RPs • A partial account? • Accountability space

  3. Organisational fragmentation • Locus of control • New organisational boundaries • Centralising-decentralisation • External regulation – the role of law

  4. The status of RPs • Public or private? • The Housing and Regeneration Act 2008 • The SI: description as “Private Registered Providers of Social Housing” • An ongoing legal debate

  5. The question: • Do RPs exercise “functions of a public nature” in their management role/s? • No current definitive answer, but • Poplar HARCA v Donoghue (2001) • Weaver v L&Q (2009)

  6. A minor issue? • External legal constraints – an overlay • Allocation/nomination • Eviction • Security • Pawson et al (2010) find 4/52 RPs took a/c of HRA obs • Legitimate expectations • Public sector duties (Equalities Bill) • The remaining question: • What is housing management?

  7. Housing studies and Law • The Housing Studies version • Undefined • Core tasks • “… contradiction, insecurity, and even puzzlement”: Franklin & Clapham 1997 • The Weaver version • Broad understanding, inc termination • Cf Rix LJ (minority)

  8. Outstanding questions • All RPs? • LSVTs? • Gov’t subsidy? • Profit-making? • All RP stock? • “social housing” (inc SO and affordable housing)? • Let at market rent?

  9. Where next? • Uncertainty – Supreme Court still to pronounce and have given indication that will accept “leap frog” appeals • Ambiguity, agency and power • Policy layering • Welfarism and independence

  10. Does it matter? • Temporary hiccup or major hurdle? • Future of the TSA

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