Right to Buy; Preserved Right to Buy and the Right to Acquire Changes to the Law in Wales. Siân Jones April 2017

Transcription

1 Right to Buy; Preserved Right to Buy and the Right to Acquire Changes to the Law in Wales Siân Jones April 2017

2 Right to Buy Current Law Available to local authority tenants Purchase the freehold of a house or lease of a flat at a discount Discount is 8,000 maximum (reduced from 16,000 in July 2015) Qualifying criteria Secure tenancy Only or principal home Self-contained 5 years qualifying period None of the exemptions apply 2

3 Preserved Right to Buy Current Law Available to certain tenants of stock transfer housing associations who had the right immediately prior to the stock transfer Same rules as the RTB 3

4 Right to Acquire Current Law Available to some housing association tenants Purchase of the freehold of a house or lease of a flat at a discount Same maximum discount Qualifying criteria Assured tenancy of social housing Only or principal home Self-contained 2-5 years qualifying period None of the exemptions apply 4

5 Suspended Rights RTB, PRTB & RTA suspended in Carmarthen Swansea Sir Fôn Flintshire Other local authorities are under consultation e.g. Denbighshire 5

6 Abolition of the Right to Buy and Associated Rights (Wales) Bill Introduced 13 March 2017 Consultation closes 28 April

7 Timescales for the Bill Stage 1 by 7 July 2017 Scrutiny by the Equality, Local Government and Communities Committee Scrutiny by the Constitutional and Legislative Affairs Committee Consultation Debate in Plenary Stage 2 by 13 October 2017 Committees consider any amendments 7

8 Timescales for the Bill Stage 3 Plenary considerations of amendments Stage 4 Passing of the Bill in Plenary Post Stage 4 Royal Assent Bill becomes law 8

9 Provisions of the Bill Abolishes the RTB; PRTB and the RTA for dwellings in Wales (Section 6) Abolishes Welsh Ministers powers to make grants to reimburse voluntary discounts (Section 7) These provisions cannot be brought into force until at least 12 months after the Bill receives Royal Assent 9

10 The Bill What happens in the Interim? Until abolished there will be restrictions placed on RTB; PRTB and the RTA Restrictions come into effect 2 months after the Bill receives Royal Assent 10

11 RTB What are the Restrictions? RTB will not apply to new social housing One exception Court makes a possession order on a non-fault ground Tenant moves into new social housing The new property is considered suitable alternative accommodation RTB continues for those properties from previously let social housing stock Time spent in new social housing can still count towards a RTB if tenant moves to a previously let social housing dwelling 11

12 PRTB What are the Restrictions? Will not apply to new social housing Two exceptions First exception same as the RTB Second exception allow tenant who moves into new social housing after Section 2 comes into force to keep the PRTB if the new house has been let under an assured tenancy at some point during the six months before Section 2 comes into force PRTB continues for dwellings from previously let social housing stock Time spent in new housing stock can count towards a PRTB if tenant moves into a previously let social housing dwelling 12

13 RTA What are the restrictions? Will not apply to new social housing One exception Court makes a possession order on a non-fault ground Tenant moves into new social housing The new property is considered suitable accommodation RTA continues for previously let social housing stock Time spent in new social housing can count to a RTA if tenant moves into a previously let social housing dwelling 13

14 Information Within a month of the Bill getting Royal Assent, Welsh Ministers must Prepare a document on the Act for tenants Publish the information on a website Give local authorities, RSLs a copy of the information Local authorities and RSLs within one month must Provide all relevant tenants (secure introductory or devoted tenants and assured tenants) with a copy Publish information on your website Provide a copy of the information for inspection free of charge Provide this information to all secure, introductory or assured tenants offered tenancies once Act is in force 14

15 What is happening in the rest of the UK? England RTB and RTA is encouraged Voluntary RTB scheme for housing associations with discounts in line with RTB Discounts 103,900 in London 77,900 outside London 15

16 What is happening in the rest of the UK? Scotland Abolished on 31 July 2016 Before abolition 33-50% discount Broad support Series of restrictions and reductions in discounts which had already lessened the applications Northern Ireland Plans to abolish RTB Consultation launched in December 2016 Smaller discounts than England but maximum is still 60% or 24,000 16

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