Housing Legislation A Timetable for Reform 18 Graham Cooper Associate Director Head of Housing Law Timetable for reform Key Acts Localism Act 2011 Welfare Reform Act 2012 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 1
Timetable May 2010 George Osborne 6.2bn spending cuts in 2010/11 CSR 500 million of the 6.2bn saved will be used to reinvest in further education, apprenticeships and social housing May 2010 150 million of cuts to housing announced by the Chancellor June 2010 Housing benefit reform announced National Tenant Voice scrapped Audit Commission scrapped VAT rise Timetable End to Lifetime tenancies Freedom Pass Deleting regulator Localism Act 2012 Bonfire of Quangos New Regulatory Framework 2012 CSR October 2010 Planning Reform Public Services Reform Localism Act 2011 Recent Changes Tenancy deposit Protection 06.04.12 Flexible tenancies 01.04.12 Changes to rules upon eligibility for exchange 04.04.12 2
Localism Act 2011 Localism Act Part 7 Introduces flexible tenancies by amending HA 1985 and HA 1988 Councils to draw up tenancy strategy sec 150(1) to be published by 15.01.13 New grounds for possession: Local Authority Flexible tenancy at an end 6 months notice not renewing 2 months notice Requires possession New succession for secure tenants Succession only for partner and not family members Localism Act 2011 Localism Act Part 7 (cont) Changes to assured fixed term (Tenancy Standard) Fixed term tenancies no longer need to be by deed Most fixed term leases no longer need to be registered Modification of mandatory ground of possession on death to include fixed term Localism Act 2011 Localism Act Part 7 (cont) New arrangement to ASTs to follow demoted or FITs New provisions on Right to Buy Extension of repairing obligations to fixed term of more than 7 years 3
Localism Act 2011 Localism Act Part 7 (cont) Changes to assured fixed term (Tenancy Standard) Changes to Succession Abolish the Housing Revenue Account Subsidy Allocation provisions 18.06.12 Welfare Reform Act 2012 Budget for Benefit is the largest single budget in the Government More than entire NHS More than twice education HB counts for 18bn of Welfare Spend of way over 100bn HB is 2nd biggest welfare spend after pensions Welfare Reform Act 2012 Housing Benefit RIP Universal Credit Size criteria for social housing Draft Regs out now Benefit Cap Direct Payments Non dependant deductions 4
Other Acts Legal Aid, Sentencing and Punishment of Offenders Act 2012 offence squatting in a residential building restrictions on Legal Aid Energy Act 2011 April 2016, private landlords can t refuse a tenant's reasonable request for consent to energy efficiency improvements where grant available and can t rent at less than EPC rating 'E') Forthcoming Law Prevention of Social Housing Fraud Bill new criminal offence unlawful subletting by assured and secure tenants in social housing; give local authorities powers to prosecute in cases of unlawful subletting; enable courts to order the recovery of any profit made from unlawful subletting from tenants; and provide that assured tenants who unlawfully sublet the whole of their dwelling cannot subsequently regain their security of tenure. Forthcoming law Caravan Sites Bill A bill to make provision to secure the establishment of caravan sites by local authorities in England for the use of Gypsies and Travellers Mobile Homes Bill 2012 13 Private members Bill to amend the law relating to mobile homes Landlord Accreditation Bill Private Member's Bill LAs to operate landlord accreditation schemes insisting on minimum standards in their areas 5
Forthcoming law Housing 'left out of Queen's speech' Inside House 10 May 2012 Possible future changes House of Commons Select Committee on Communities & Local Government report on park home sites and calling for better enforcement list of recommendations for improvements in the legal position of site home occupiers Anti social Behaviour New grounds for possession and new remedies Home Office Bill which will also deal with the replacement of ASBOs and ASBIs Possible future changes July 2011 the Coalition Government published its Open Public Services White Paper, in which the Cabinet Office sets out its policy framework for how it wants public services to be owned, delivered and funded in the future, and the roles of the individual citizen and the state in this Care and Support Bill modernise the legalities of care 6