Agenda item

Localism Act 2011 - Proposed Changes to Social Housing

Minutes:

The Director of Housing and Neighbourhood Services submitted a report on the Government proposals regarding social housing policy which were covered by the Localism Act.

 

The Localism Act 2011 was the principal Act to deliver the Government’s commitment to devolve power to the lowest level enabling communities to make decisions as part of the big society.

 

The proposals concerning social housing policy were:-

 

Homelessness

Local authorities would be able to discharge their Homelessness Duty by providing accommodation in the private sector with a minimum 12 month, fixed term tenancy, without the applicant’s agreement.  The local authority would need to ensure that the offer was of good quality and suitable to the needs of the individual.  However, if an applicant became unintentionally homeless and reapplied for accommodation within 2 years of accepting an offer in the private rented sector, the authority would still have a duty regardless of whether they had a priority need.

 

This was likely to increase the number of Council properties available for letting to other housing register applicants.

 

Allocations

Provided the option to set criteria to determine who qualified for acceptance onto the housing register.  Currently Rotherham operated an ‘open’ register which accepted all applicants regardless of personal circumstances/need.

 

Tenure Reform

‘Lifetime’ tenancies of existing social housing tenants would continue but there would be an option for local authorities to issue minimum 2 year fixed term tenancies for new lettings.

 

The Council would need to develop and adopt a Tenancy Strategy setting out the matters to which all registered providers of social housing in the area should have regard when formulating their tenancy policies.

 

Succession Rights

Each tenancy would only succeed once.  For all new tenancies, the spouse or partner would have an automatic legal right to succeed as long as the named tenant was not a successor.

 

The statutory right of succession for other relatives and carers was to be abolished.  However, if the Tenancy Agreement contained an ‘express term of the tenancy’, provision could be made for a person other than a spouse or a civil partner of the tenant to succeed.  Landlords may also include additional succession rights.  This would not affect existing secure tenancies.

 

This would result in a greater turn over of tenancies and further opportunities for those on the housing register.

 

Mobility of Social Housing Tenants

The Act sought to facilitate the movement of social housing tenants.

 

The Authority subscribed to the Home Swap database which allowed tenants to link with other social housing tenants who were looking to move house free of charge.

 

Housing Revenue Account Reform

The self-financing system would allow local authorities to retain rental income in exchange for accepting a proportion of the national housing debt.  This would be determined by calculating estimated income and expenditure for each local authority and their ability to deliver the housing services required and manage the debt. 

 

It was noted that 3 further Member Development sessions were to take place in March, 2012 on elements of the Act which gave local authorities options to implement changes.

 

Resolved:-  (1)  That the range of proposals which may affect the Council’s social housing be noted.

 

(2)  That the course of action towards implementation including consultation, workshops, member seminars and further reports be approved.

 

(3)  That emphasis be drawn to the importance of the Member Development sessions to capture Members’ views on the options available.

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