Government is conducting two linked major consultations: (1) concerning housing law reform, and (2) called Tackling Anti-Social Tenants. Both may herald significant changes affecting Federation members and their tenants.
(1) HOUSING LAW REFORM
The Law Commission has been asked by government to consider the reform of housing law, and has now issued a consultation paper. This is called "Renting Homes 1: Status and Security". It will be followed by a further paper dealing with issues such as succession and assignment. The Commission intends to produce a draft Housing Bill by July 2003. The paper, and a summary, are on www.lawcom.gov.uk/library/lccp162.
The Commission proposes to abolish the existing regime of Rent Act tenancies and secure and assured tenancies. They would be replaced with two types of tenancy, applying to new and existing tenancies. The first (Type I), would be closely based on the secure tenancy and would be the norm for tenants of local authorities and housing associations. However, Fair Rents and Right to Buy would not be extended. The Type II tenancy would allow the landlord to regain possession through a simple notice procedure. It would be the norm for the private rented sector. Social landlords would be able to use Type II tenancies, for instance for probationary purposes.
The Commission also makes proposals about anti-social behaviour, which read across to the DTLR paper described below. It also suggests a number of detailed changes including new possession procedures, and the possibility of abolishing suspended possession orders.
(2) TACKLING ANTI-SOCIAL TENANTS
The Department of Transport, Local Government and the Regions (DLTR) has issued a linked consultation paper about dealing with anti-social behaviour. This proposes to strengthen the powers of social landlords, while also favouring prevention. Any legal changes needed would be covered by the proposed Housing Bill. The paper is on: www.housing.dtlr.gov.uk/information/consult/antisocial/index.htm.
Do we need a new tenancy structure? Do we need new laws to tackle anti-social behaviour?
The paper explores options for increasing the power of social landlords to end tenancies for anti-social behaviour. These include 'demoting' tenants to a probationary type tenancy. This links to the Law Commission's proposals to allow social landlords to use Type II tenancies in certain circumstances.
The paper looks at options for making the outcome of court action more predictable and streamlining appeals. It favours "structuring the discretion" of judges, rather than making anti-social behaviour a mandatory ground for possession. The promotion of the use of injunctions is considered, as is the extension of the power of courts to attach the power of arrest to injunctions. It also considers compulsory relocation of perpetrators.
Finally, the paper looks at how to improve access for housing associations to crime and disorder reduction partnerships. It needs to be read in conjunction with the Police Reform Bill, currently going through Parliament, which gives associations the power to apply directly for anti-social behaviour orders.
Source
Housing Today
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