Willow Housing Co-operative (East Anglia) Ltd is a FULLY MUTUAL HOUSING ASSOCIATION.
The definition of a “Fully Mutual“housing association is found under s.1(2) of the Housing Associations Act 1985.
This states that the Rules of the association:
(a) Restrict membership to person who are tenants or prospective tenants of the association; and
(b) Preclude the granting or assignment of tenancies to persons other than members.
Further to this, a fully mutual housing association must be registered under the Industrial and Provident Societies Act 1965 (IPS 1965).
Willow Housing Co-operative satisfy these definition as they are (since 1984) registered under the Industrial and Provident Societies Act 1965, and only tenants or prospective tenants of the housing association will be classed as members and moreover, that no one is granted a tenancy by the housing association unless they are a member.
Willow’s Handbook “Mission Statement” clearly states that “Willow is an Industrial and Provident Society (IPS) registered with the Financial Services Authority (FSA) as a Friendly Society. Est Dec 1984, Reg No 24513R.” (Under the Industrial and Provident Societies Act 1965.)
Further under “Housing Cooperatives” that “only tenants or prospective tenants may be members, and only members may hold a tenancy.”
A key feature of a fully mutual housing association is that they are Unable to grant Assured Shorthold Tenancies by virtue of Schedule 1, paragraph 12(1)(h) Housing Act 1988.
Willow Housing Co-operative do indeed fulfill the definition of a Fully Mutual Housing Association and as such are unable to grant Assured Shorthold Tenancies.
That is why we were using Licence Agreements for single members in our HMOs.
but we nolonger house single people so since March 2013 we have been using a Contractual Tenancy Agreement for the family homes.
These Agreements have recently been updated and all families signed new Contractual Tenancy Agreements in July 2016.