Cadwyn HA Mark Howells Merthyr Tydfil HA Gail Scerri Cartrefi Conwy Claire Shiland Monmouthshire Housing Association
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1 n o t e s Housing Services Forum held on Monday 8 th July 2013 at the MRC, Llandrindod Wells Present Cadwyn HA Mark Howells Merthyr Tydfil HA Gail Scerri Cartrefi Conwy Claire Shiland Monmouthshire Housing Association David Morris Clwyd Alyn HA Anthea Hogg Newport Housing Trust Ian Bell Clwyd Alyn HA Neil Moffatt North Wales HA Ltd Brett Sadler CT Clwyd Cyf Noela Jones RCT Homes David Pugh Family HA (Wales) Ltd Lisa Rees Rhondda HA Annalisa Beavan Linc Cymru Nicola Smith Tai Ceredigion Cyf Eleri Jenkins Merthyr Tydfil HA Debbie Perszon Wales & West Housing Christopher Walton In Attendance Big Issue Invest John Montague Wales Probation Trust Graham Thomas Cadwyn HA Helen Armstrong Welsh Government Simon White Charter Housing Association Ltd Community Housing Cymru Scott Sanders Working Links Kelly Reynolds Clare James Working Links Michelle Smith Apologies CT Eryri Heulwen Jones United Welsh Karen Thomas Linc Cymru Trevor Saunders
2 Welcome and Introductions Renting Homes Consultation - Simon White Welsh Government Simon gave a presentation on the WG Renting Homes consultation, including; The current picture Examples of practical problems Calls for reform Reform elsewhere in the UK Renting Homes White Paper How would tenants be affected? How would landlords be affected? Specific aspects of the proposals Responding to the consultation The main aims of the White Paper are to simplify and streamline tenancies for both landlords and tenants and provide clarity where it was previously lacking, under a single legal framework. You can find the full presentation on our website where you will be prompted to log in. Simon made the following points: When ground 8 was abolished in Scotland in 2001, it made very little difference to arrears levels. Under the new proposals, supported housing would be able to exclude residents for a temporary 48 hour period maximum of 3 times in a 6 month period - to allow landlords time to deal appropriately with the situation. The feedback from the consultation could influence this, e.g. some organisations would prefer a maximum total of 6 days per 6 month period, which could run concurrently if necessary. There will be a single date when all existing contracts (excluding Rent Act) convert to the new type. Housing association Rent Act tenancies will be included. The reason WG is doing this is due to a commitment to the idea of the social tenancy and an acknowledgement that vulnerable people are more able to improve their lives when in a position of security. Right to Buy / Acquire is a separate issue. It is not within this paper s remit to deal with that and will therefore continue.
3 Within model contract here will be flexibility for landlord to add in terms. The contract will include core terms, fundamental terms and supplementary terms, which are additional terms for landlords to enable them to include terms about pets, fire etc. Additional landlord terms will automatically transfer but won't cancel out core terms, should there be a conflict. Mark Howells raised the following point: The government s paper is inconsistent. The Law Commission states that no mandatory grounds for possession will exist against a secure contract tenant. (Save for when the tenant has given notice but failed to vacate). However, the government states (paragraph 7.80) that they have consulted on a new mandatory ground for possession for anti-social behaviour and may implement those proposals. In addition, Ground 7 Suitable alternative accommodation ground - currently allows RSLs to gain possession if they can prove to the court that a suitable property is available to the tenant. RSLs will use the ground where they need to in order to move a tenant out of their home to carry out major building or refurbishment works. In light of the new bedroom tax, where tenants are refusing to downsize but won t pay the shortfall in rent, it is currently open to RSLs to apply to the court for a possession order on the basis that suitable alternative accommodation is available to the tenant. There may be cases where RSLs don t want to evict for arrears, but the tenant is refusing to downsize. Simon explained that the new proposals will allow for proportionality to be considered under human rights and equality law. Part of WG s longer-term strategy is to work with Court Services to ensure consistent application of the new legislation. Simon acknowledges that clarification is needed around the following: The contract-holder may not allow, incite or encourage others who are residing in or visiting the premises to act in these ways or allow, incite or encourage any person to act... and alternative wording will be provided. Introductory tenancies can continue.
4 Renting Homes Discussion The Forum split into 3 groups to discuss and note their response to the consultation paper which was fed back to CHC. Working Links - Michelle Smith and Kelly Reynolds Working Links have three work programme contracts in Wales, Scotland and the South West. The Work Programme, Work Choice and Skills for Work are all pan-wales and there is a flexible support fund for North Wales, Cardiff, The Vale, Merthyr Tydfil and Caerphilly. Referrals for the Work Programme come via the JCP. A diagnostic assessment around barriers to work is carried out and invariably there are existing financial issues. The Programme is split into 3 levels: Hub for the job ready Academy for those with moderate barriers Compass for those with significant barriers Participants are supported for 2 years after they start work and Working Links funding is based upon sustainability, i.e. the participant must remain in work for 26 weeks before WL receive their funding. It is anticipated that 50 % of customers are likely to become Compass in the future, but these customers tend to stay in employment. Monmouthshire HA said that they did not necessarily see much more than 30% of the people they work with on a similar scheme get back into work. There was a discussion around sharing data, especially since the sanctions for non-engagement can mean benefits being stopped. Housing providers require data in order to work together to identify and re-engage tenants who may be in danger of losing their tenancies. HAs should become a level 3 contractor in order for this SLA to work. Worry about sanctions for non-engagement. How can info be shared? Michelle asked us to bear in mind that their offices have IT hub areas and there is capacity to be able to share this. See their website for office locations. You should contact Michelle directly to discuss how Working Links can meet their needs and strategy to mitigate welfare reform. Contact: Michelle.Smith@workinglinks.co.uk
5 Credit Referencing/Rent Accounts - John Montague - Big Issue Invest The Rental Exchange project is a partnership between Big Issue Invest and Experian. The idea is that social housing tenants will be able to use their rent history to build a credit file which can be used to help them access a broader and potentially cheaper range of financial services and consumer deals. Experian and BII have been in discussion with the Information Commissioner s Office to ensure that the sharing of rental payments is compliant and fair to the tenant, which has resulted in a notification process for tenants. Phase 1 involves analysis and evaluation and pilot proof of concept. Experian wish to be supplied with 12 months of payment history. They will analyse the data and can assess the benefits for each organisation and their tenant. At this stage data is being processed and therefore there is no data protection issue. If a landlord wishes to proceed they must sign a data processing agreement. The ICO has ruled that as the project is for social good, landlords need only to tell tenants that data is being shared. Then a separate data agreement is signed whereby others can access data, e.g. utilities etc. BII would be present to oversee the project and to ensure that it is running correctly. There is no cost to the landlord. There was general support in the room although some concern about how and why Experian want to be involved and where they will get funding. Experian say that the project will potentially open up their client group and they will receive fees from those accessing the data once it is available for credit scoring purposes. BII found that 25% of tenants cold possibly benefit from this scheme. Tenants are able to opt out but it would be down to the landlord to process individual requests. An additional benefit to the landlord is that data analysis can be tailored to complement / support any existing projects, e.g. bids etc. BII and Experian will send out follow-up s to the Forum.
6 Community Payback - Graham Thomas - Wales Probation Service The Probation Service would like to develop links with housing associations in order to raise awareness of Community Payback and exchange information. Graham outlined the way the project is delivered in Wales and gave statistical information on the offender profile. Although offenders are 90% male over the age of 18, there is a broad range of ages, types of offences, skills set and employment status. Graham recently worked with an offender who was in his 80s. Graham said that the services Community Payback will consider setting up must not be in competition with those which are already being delivered for money. The services are also very visible to ensure public satisfaction. Graham talked about a partnership with Cartrefi Conwy which has been mutually beneficial for both organisations. E.g. the availability of labour and improved employment skills for the local community. Contact Graham.Thomas@wales.probation.gsi.gov.uk if you would like to discuss the potential for working with Community Payback. Welfare Reform Scott Sanders Charter Housing Scott updated the forum on the demonstration project outcomes to date. The outcomes refer to Charter HA and not the wider Torfaen demonstration project which Bron Afon also participate in. He also explained the alternative payment arrangements for tenants who fall into 2 tiers, those falling into tier one having the highest support need. It is likely that a large number of tenants will fall into these categories but it is expected that if the tenant is switched back due to rent arrears the landlord will work with them with a view to building their financial capability to enable them to begin receiving their housing payment once again. Charter issued 5 possession notices to date and 6 households have switched back to payment to landlord after their arrears exceeded the trigger figure Charter are testing. As of the end of April 2013 arrears had reached 15.52% within the DP cohort of tenants while the average arrear since the start of the project is 8.5%. To date 3 possession cases have been suspended on 1400 arrears. Scott raised issues around support need and the increased level of resources that will be required once all tenants are on Universal Credit.
7 There are concerns about the rate at which Lord Freud proposed to claw back rent arrears from tenants. CHC is working with the NHF to make sure these concerns are fed back to Lord Freud. The number of Charter tenants making no payment at all towards their bedroom tax has decreased but those making only partial payment have increased. Scott also gave a breakdown of DHP referrals made across the 5 local authority areas Charter work within. Exchanging homes is working well for some people. A discussion took place around how people were finding the impact of under occupation and the use of DHPs. It appeared that most were in the same position in terms of payment/non-payment and most were accessing DHPs to help tenants struggling with under-occupancy. Date of Next Meeting: Friday 15th November 2013
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