Affordable Housing – Parliamentary Written Answer

Baroness Byford: To ask Her Majesty’s Government whether they will take steps to ensure that new houses designated as affordable cannot be altered or extended in ways which remove them from that classification.

Lord Bourne of Aberystwyth: The Housing Act 1996 and the Housing and Regeneration Act 2008 require that new affordable homes delivered through the provision of Government Grant must remain affordable in perpetuity. Where a grant funded property is sold or undergoes a change of use, for example, from affordable housing to private rent or sale, the grant element used to build the property is then recycled for the delivery of further new affordable homes or returned to the Government. This ensures that the number of properties available through our Affordable Housing Programmes remains at a consistent level.

Right To Rent Checks In The Social Housing Sector Now In Force

The introduction of right to rent checks on 1 February 2016 has important implications for social housing providers. While common social housing tenancies will not require checks, the new regulations will change the residential letting landscape and all housing associations will need to develop a response. Tenancies arising under Part 2 of the Housing Act 1985 and Part 6 and 7 of the Housing Act 1996 are excluded. Occupation under such an agreement which is transferred to an alternative tenancy on the request of the tenant will also be excluded. These exclusions will clearly limit the impact on housing associations. However, where a housing association rents property under a market rate agreement or on any other basis, then right to rent checks will be required. Read more on the Lexology website.

Landmark Ruling To Hit Council Waiting List Rules

Councils could have to overhaul residency requirements for social housing or risk a High Court challenge, following a landmark legal judgement. The judgement, handed down by the High Court, could confound some local authorities’ attempts to control their housing waiting list after the government relaxed allocation rules in 2011. Ealing Council in 2013 introduced a policy stopping people from joining its housing register unless they have lived in the borough for at least five years. The court found the policy breached the 1996 Housing Act, which requires councils to give ‘reasonable preference’ to homeless people. Lawyers now believe that the ruling sets a legal precedent for other English local authorities. Read more on Inside Housing.

Fast-Track for Watered Down Right to Buy Through Parliament

The government's much heralded extension of the right to buy to housing association tenants could end up being an amended version of an existing policy. According to sources, the government is looking to achieve its Queen's Speech pledge to "enable the extension of right to buy levels of discount to housing association tenants" by modifying the right to acquire. The right to acquire, introduced under the 1996 Housing Act, gives tenants of housing associations the statutory right to buy their homes at a discount to the open market value, in line with the right to buy. However, there are key differences. Read more on 24dash.

2.5million Tenants WILL Get the Right to Buy In Tories' Manifesto

A radical extension of Margaret Thatcher’s flagship housing policy is set to be included in the Conservative manifesto as Tories bid to woo working-class voters. The Right to Buy would be extended to up to 2.5million housing-association tenants. The party is also considering plans to force councils to sell large, expensive council homes in order to fund higher numbers of cheaper properties. Enabling housing-association tenants to buy their homes would likely require major changes to the 1996 Housing Act, forcing associations to sell properties at discounts set by government. Read more on the Daily Mail website.

Council Faces High Court Challenge over Homelessness Policy

A council’s policy to bar homeless people from bidding for social homes for 12 months is set to be challenged in the High Court.  Resident Hakima Alemi will say Westminster Council’s allocation policy, which suspends homeless people from bidding for social housing until a year after their homelessness acceptance, is unlawful. Ms Alemi’s judicial review against the scheme, launched in October last year, was last week given permission to be heard in the High Court within months. Ms Alemi argues Westminster’s policy breaches the 1996 Housing Act, which requires councils to give ‘reasonable preference’ to homeless people. Read more on Inside Housing.

Council Allocation Policies Challenged By Court Ruling

Councils across the country may be forced to tear up allocation policies denying people from accessing housing waiting lists following a successful court challenge. Last Thursday, the Court of Appeal ruled that Hammersmith and Fulham’s policy, which disqualified Lina Jakimaviciute from its housing register because she was living in temporary accommodation, was unlawful. The court found that the policy breached the 1996 Housing act, which requires councils to give ‘reasonable preference’ to homeless people. Lawyers now believe that the ruling sets a legal precedent for other English local authorities. Read more on Inside Housing.

Social Rented Housing – Parliamentary Written Answer

Stephen Timms: To ask the Secretary of State for Work and Pensions whether he proposes that (a) council and (b) housing association-owned accommodation, used to provide temporary accommodation, will be subject to the social sector size criteria.

Steve Webb: People who are accepted as homeless under the Housing Act 1996 and placed in temporary accommodation by either (a) the local authority or (b) a housing association will not be subject to size criteria.

Homelessness: Veterans – Parliamentary Written Answer

Mr Jim Murphy: To ask the Secretary of State for Communities and Local Government what steps his Department has taken to prevent homelessness among veterans.

Grant Shapps: This Government are committed to preventing and tackling homelessness and protecting the most vulnerable, including among veterans. The Ministerial Working Group on Homelessness will shortly publish its second report on preventing homelessness which will include veterans. The latest figures from CHAIN highlight that only 4% of rough sleepers from the UK have experience of the armed forces.  I am determined to ensure that current and former members of the armed forces gain the housing they deserve, recognising the sacrifices they have made for the country. I have therefore introduced measures to place members of the armed forces at the top of the priority list for home ownership schemes, including FirstBuy and instructing special agents to visit military bases to promote such schemes. We are also working with credit reference agencies and Royal Mail to standardise forces' post office addresses so personnel are not disadvantaged when applying for mortgages.  We have also recently finished consulting on proposals to change the law to make it easier for service personnel to access social housing so that former personnel with urgent housing needs are always given high priority on waiting lists, and that personnel who move from base to base do not lose their qualification rights. Under Part 7 of the Housing Act 1996 priority need is granted to a person who is vulnerable as a result of having been a member of Her Majesty's regular naval, military or air forces.

Response edited, read the full answer in Hansard by clicking on the link below.

Changes Won’t Stop Councils Relocating Tenants

Government legislation intended to stop councils moving homeless families out of their areas will not have any more effect than the existing guidelines, lawyers have said.  A consultation on the type of private rented accommodation that is suitable for social landlords to use to meet their homelessness duties has been launched by Grant Shapps. The proposals require councils to take into account whether housing is suitably located, which Mr Shapps said was intended to stop them housing families outside their local area.  More than 48,500 people were accepted as homeless by councils in 2011, up 14 per cent from 2010. But lawyers warn that producing secondary legislation, which would legally require councils to consider existing family, school or work links when housing people in other areas, will not make much difference. Current guidance in the Housing Act 1996 states housing authorities should house people within their district ‘so far as reasonably practicable’.  In either case, councils must be able to prove that they have given regard to the location of the property.  Read more on Inside Housing.

Councils Fail Domestic Violence Victims

Victims of domestic violence who need to be re-housed are being turned away by cash-strapped councils. Charities, refuges and solicitors have warned that councils, which are facing budget reductions and high demand for accommodation, are increasingly failing to carry out their legal duties to help those fleeing domestic violence. Eaves, a charity providing a pan-London advice line for domestic violence victims, reports that on average it is forced to get a solicitor to write to councils once a week because they are failing to fulfil their legal duties. Local authorities are required under the Housing Act 1996 to put domestic violence victims in temporary accommodation if they are homeless or threatened with homelessness. They should then investigate the case and re-home them permanently if necessary. Read more on Inside Housing.