Legal services

Tender description

The Guinness Partnership Limited (TGPL) provides homes and housing services to around 60 000 households and deliver over 10 000 hours of care every week. TGPL are seeking to re-procure its legal services framework and invites suitably qualified legal firms with significant experience in social housing. Legal firms interested in supplying the services should respond with their expression of interest. This would include, but not limited to: — Development Agreements / Transactions (acquisitions and disposals) on mixed tenure sites and advice on taxation implications; — Regeneration projects; — Environmental, Building Regulations and Planning Requirements (S106 /S38/S104 and Community Infrastructure Levy); — Construction Contracts, collateral and environmental warranties, performance bonds and Parent Company Guarantees; — Dispute Resolution — Construction; — Stock Transfers; — Drafting and Agreeing Heads of Terms and Commercial Property Leases; — Commercial Landlord and Tenant Matters including dilapidations, freehold reversion, rent reviews, property dispute resolution, lease forfeiture/relief from forfeiture applications; — Expertise in drafting and negotiating Telecoms Leases and The Communications Act 2003; — Property / Asset Management contractual advice (responsive and planned maintenance contracts). This would include, but not limited to: — Sales — New-build Plot Sales, Shared Ownership Sales including stair-casing and freehold reversions; — Right to Buy, Right to Acquire, Social Home Buy, Mortgage Rescue initiatives and Starter Homes initiatives; — Leasehold schemes for the Elderly/Frail and Retirement Homes/Care in the Community; — Residential Assured/Assured Short-hold Tenancies. This would include, but not limited to: It is envisaged that an annual fixed fee retainer service would be utilised for: — Helpline and email service; — Review contracts, policies and procedures; — Fact-sheets and email updates; — Subscribers' newsletters; — Document health checks; — Support and guidance including conciliation stages. Other services and advice required on a case by case basis: — Employment Law Advice including reviewing contracts of employment; — Tribunals; — Pensions Advice; — TUPE; — Organisational Design and Change Management. This would include, but not limited to: — Expertise in Treasury related matters; — Charging and security work; — Loan documentation for new and existing facilities; — Hedging arrangements including International Swaps and Derivatives Association agreements (ISDA); — Intra-group facilities and arrangements; — Tax Planning. This would include, but not limited to: TGPL staff are trained to handle issues such as serving Gas Injunctions and Income Recovery however legal advice and guidance on complex issues will be required including: Enforcement of Tenancy Agreements including: — Anti-Social Behaviour, domestic abuse, safeguarding children and adults; — Criminal damage; — Exclusion orders; — Committals; — Income recovery including Possession Proceedings and Appeals; — Summary proceedings/squatter claims; — Disrepair and repairing obligations; — Former tenant arrears; — Joint tenancies, succession and abandonment; — Discrimination issues including hate crime; — Health and Safety and Environmental Health issues in relation to tenancies; — Complaints and Ombudsman; — Judicial Review and Public Law Issues, Human Rights Act; — Leasehold management including Private Management Companies: 1st Tier Property Tribunals and Service charge disputes/advice; Defaulting leaseholders — lease forfeiture; Arrears and Income Management; — Rents and Service Change Advice. This would include, but not limited to: — A high level of understanding of the HCA and CQC Regulatory Frameworks, implications of changes and developing changes to Regulations; — Mergers and Acquisitions including advice on structuring transactions so that they meet vires and charity law requirements; — Significant TUPE experience; — Governance (Boards and Committees); — Constitutional Reviews — updating of Rules and Articles; conversions into different corporate types as a precursor to an amalgamation or transfer of engagements; — Trustee powers and responsibilities; — Investment advice relating to vires, governance and charity law and investment in non-charitable subsidiaries; — Company Secretarial; — Joint Ventures; — Intellectual Property; — Data Protection; — Health and Safety; — Dispute Resolution; — Commercial Contracts; — IT Contracts and Licences (inc. System Maintenance and Support Agreements); — JCT Contracts; — Service Contracts. Public Contracts Regulations: — Advice on compliance; — Framework agreements; — Procurement/Appointments; — Consortium purchasing; — Multiple/single supplier; — Advice on claims/liability of breach; — Procurement litigation; — Teckal Exemptions; — Concessions.