10  Authority Step-In

Authorities should consider whether, in the context of its own scheme, it requires the right to step into the Project Agreement in the circumstances set out in clause 54 of HPP.  It is likely that step-in provisions will not be appropriate if the non-HRA Project is a purely general needs housing scheme (the factors set out in clause 54.1 of HPP being more of a concern and duty of the landlord than the Authority).  However, in an extra care scheme where the statutory duty to provide Care Services lies with the Authority (even if outsourced through the PFI) then it would be appropriate to retain the step in provisions set out at clauses 54.1.1 and 54.1.2 of the HPP to permit the Authority to discharge this duty or to respond to a risk to health and safety.6

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6  The Authority should be alive to any statutory duties that might arise from rights of entry (whether contained in the project agreement or in the leases), e.g. section 4 Defective Premises Act 1972.