HOUSING ACT 2003 - SECT 41 Basis for appointment

HOUSING ACT 2003 - SECT 41

41 Basis for appointment

(1) The chief executive may appoint an interim manager for the business of a funded ancillary provider only if the chief executive is satisfied the appointment is reasonably necessary to ensure—

(a) in relation to the funded ancillary provider—

(i) compliance with a prescribed requirement about—

(A) deciding eligibility or priority for ancillary housing services; or

(B) rent assessment or collection; and

(ii) the proper and efficient use of funded property under the funding agreement; or

(b) in relation to a relevant agreement—compliance with an obligation under the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) .

(2) In deciding whether the appointment is reasonably necessary, the chief executive must have regard to all of the following matters—

(a) the amount and type of property the funded ancillary provider is managing in the course of providing the ancillary housing service;

(b) the amount and type of funding provided by the chief executive to the funded ancillary provider for the ancillary housing service;

(c) the number of relevant agreements in force for the funded ancillary provider;

(d) whether the funded ancillary provider is or appears to be unwilling or unable to provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;

(e) the likely consequences for the tenants under relevant agreements if the provider does not provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;

(f) the likely consequences of the appointment, of which the chief executive is aware, for the funded ancillary provider and anyone else likely to be affected;

(g) any other relevant matter of which the chief executive is aware.

(3) Before making the appointment, the chief executive must consider whether it would be more appropriate to take steps other than the appointment, or not to take any steps.