Regulation 8 Management agreements with tenant management organisations and other management agreements
A management agreement (other than an agreement with a tenant management organisation) entered into by a local housing authority after the entry into force of these Regulations shall contain a provision (a “break clause”) enabling the authority to determine it to the extent that it overlaps with any subsequent management agreement entered into with a tenant management organisation.
A break clause contained in a management agreement in accordance with paragraph (1) shall provide that the authority may exercise the rights conferred by it at different times in relation to different overlapping provisions and that it shall determine the provisions in relation to which it is exercised within three months of it being exercised.
This paragraph applies where a local housing authority enter into a management agreement with a tenant management organisation in pursuance of these Regulations and—
at the time of entering into that agreement a previous agreement is in operation; and
either—
the two agreements overlap when the management agreement is entered into; or
the two agreements subsequently overlap on the variation of either; and
the previous agreement contains provisions which allow the authority to determine the overlapping provisions (whether by determining the whole of that agreement or otherwise).
Subject to paragraph (5), where paragraph (3) applies the local housing authority shall determine the overlapping provisions in the previous agreement (whether by determining the whole of that agreement or otherwise) as soon as possible after the two agreements overlap.
Where paragraph (3) applies, if the tenant management organisation agrees in writing, the local housing authority may postpone the determination of the overlapping provisions (or some of them, if the previous agreement allows the authority to determine the provisions at different times) until such time as may be agreed.
Nothing in this regulation requires an agreement (or any part of an agreement) to be determined otherwise than in accordance with provisions contained in that agreement.