Right to Buy Scheme: Females – Parliamentary Written Answer

Catherine McKinnell: To ask the Secretary of State for Housing, Communities and Local Government, what steps his Department is taking to protect women's eligibility for the right to buy discount in situations when they are not entitled to that discount due to their previous tenancy being entirely in their ex-husband or partner’s name.

Kit Malthouse: Where a married couple live together under a public sector tenancy, they individually accrue tenancy periods which count towards eligibility for the Right to Buy. This applies whether the tenancy is in both names; or if the tenancy is only in a single name. The accrued periods still apply individually if the couple separate or divorce. This is set out in Schedule 4 of the Housing Act 1985; and in the department's booklet for tenants: Your Right to Buy Your Home ; and in the guidance for landlords: Right to Buy - A Guide for Local Authorities.

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2018-11-23/195063

Council Housing: Construction – Parliamentary Written Answer

Lord Greaves: To ask Her Majesty's Government whether local housing authorities that divested themselves of their council housing stocks in the past and closed their housing revenue accounts (HRAs) are able to set up new HRAs and build new council housing under their new proposals for lifting the cap on local authority borrowing for such purposes or otherwise.

Lord Bourne of Aberystwyth: Yes. All local housing authorities (LHA) retain the power to provide housing under Part II of the Housing Act 1985. Where they do they are under a duty to account for this in a Housing Revenue Account by section 74 of the Local Government and Housing Act 1989, unless that requirement is disapplied by direction by the Secretary of State – which may be considered appropriate if the LHA only has limited housing stock.

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Lords/2018-10-09/HL10483

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.

Bedroom Tax & Room Size

Every bedroom for bedroom tax purposes needs to have 110 square feet of floor space – that is what the HB regulations say!! The room size arguments have gone on and on in the bedroom tax and the Fife and other first tier tribunal decisions say bedroom needs to be 70 square feet and this is based on the reading across of legislation in the HA1985 and the HA2004.  A fierce argument has raged over whether HB decisions can or should have to read legislation as a consideration in the decision or not. The arguments are  irrelevant, the HB Regulations presuppose a bedroom needs to be 110 square feet!  Regulation B13(5) to be precise and that is a regulation we all know.  It says what classes of person(s) is allowed a bedroom with one allocated for children of different sexes if one aged over ten, a bedroom for two teenage children up to 16 if both of the same sex and a bedroom for a couple. Read more on the Speye blog.

Right to Buy Scheme – Parliamentary Written Answer

Mr Nicholas Brown: To ask the Secretary of State for Communities and Local Government what assessment he has made of the ability of tenants to manage service charges and leaseholder responsibilities after purchasing leasehold properties under the Right to Buy scheme. 

Kris Hopkins: The Government has been clear that Right to Buy applicants must be provided with information on both the benefits and the responsibilities that homeownership brings. Our Right to Buy booklets—‘Want to make your home your own?’ and ‘Thinking of buying a council flat?’—provide tenants with advice and tools to help them work out the costs of homeownership. The booklets are available free from social landlords or can be downloaded at:

http://righttobuy.communities.gov.uk/howtoapply/

https://www.gov.uk/government/publications/thinking-of-buying-your-council-flat--2

The Housing Act 1985 includes a number of duties for social housing landlords on supporting potential Right to Buy leaseholders. Social housing landlords must provide all tenants with a document containing information on leaseholder responsibilities and other matters, to assist them in making their decision. As part of the offer notice to a Right to Buy applicant, landlords must also provide an estimate of service charges for the first five years of ownership.

The Department is currently considering the responses to its recent consultation on proposals to cap leaseholder charges at £10,000 outside London (and £15,000 in London) where the works to tenanted homes receive future government funding. I would expect social landlords to ensure that leaseholder charges are always proportionate and rational, and deliver good value for money.

Ministers are open to representations on what further steps can be taken to help public sector leaseholders.

Right to Buy Scheme – Parliamentary Written Answer

Mr Nicholas Brown: To ask the Secretary of State for Communities and Local Government what guidance he has issued under the Right to Buy scheme to tenants who are considering purchasing leasehold properties on determining the extent of service charges and other leaseholder responsibilities for which they would assume responsibility.  

Kris Hopkins: The Government has been clear that Right to Buy applicants must be provided with information on both the benefits and responsibilities that homeownership brings. Our Right to Buy booklets: Want to make your home your own? and Thinking of buying a council flat? provide tenants with advice and tools to help them work out the costs of homeownership. The booklets are available for free from social landlords or they can be downloaded here:

http://righttobuy.communities.gov.uk/howtoapply/ 

https://www.gov.uk/government/publications/thinking-of-buying-your-council-flat--2 

The Housing Act 1985 also contains a number of duties on social housing landlords in respect to supporting potential Right to Buy leaseholders. Social housing landlords must provide all tenants with a document containing information to assist the tenant in making their decision, including on leaseholder responsibilities. As part of the offer notice to a Right to Buy applicant, landlords must also provide an estimate of service charges for the first five-years of ownership. The right hon. Member may also be interested to note that the Department is currently considering the responses to our recent consultation on proposals to cap leaseholder charges at £10,000 outside London, and £15,000 in London, where the works to tenanted homes receive future Government funding. I would expect social landlords to ensure that leaseholder charges are always proportionate and rational, and deliver good value for money.