London Borough of Hammersmith & Fulham Economic Regeneration, Housing and the Arts Policy and Accountability Committee 11 November 2014 REVIEW OF THE HOUSING STRATEGY Report of the Cabinet Member for Housing and the Cabinet Member for Economic Development and Regeneration Open Report Classification For Policy & Accountability Committee review and comment Key Decision: No Wards Affected: All Accountable Executive Director: Melbourne Barrett, Executive Director, Housing and Regeneration Report Author: Contact Details: Mike England, Director, Housing Options, Skills and Tel: 020 8753 5344 Economic Development E-mail: mike.england@lbhf.gov.uk AUTHORISED BY: ...................................... AUTHORISED ...................................................... BY: ...................................... .......... ………………………………………………. ………………………………………………. .DATE: …………………………………….. .DATE: …………………………………….. 1. EXECUTIVE SUMMARY 1.1. At its meeting on 23rd June 2014, the Cabinet requested the Economic Regeneration, Housing and the Arts Policy and Accountability Committee to begin the process of reviewing the borough’s housing strategy to reflect the housing priorities of the new administration. This report invites the PAC to provide initial comments on a number of the key themes which the new housing strategy will need to address. 2. RECOMMENDATIONS 2.1. The PAC is invited to review and comment upon the housing issues listed in paragraph 4.1 below and discussed in the appendices to the report. 3. INTRODUCTION AND BACKGROUND 3.1. Every Local Housing Authority is required by law to approve a Housing Strategy. This sets out the main housing problems and issues in the area and how the council proposes to address them. 3.2. The council’s Cabinet has agreed that the Housing Strategy for Hammersmith & Fulham should be reviewed and updated to reflect the housing priorities of the new administration. 3.3. The PAC will play an important role in the development of the strategy. A consultation draft of the strategy will be produced and issued for widespread public consultation before being brought back to the Cabinet for final approval. This report provides an initial opportunity for the PAC and for residents to shape the draft by commenting on some of the key housing issues facing the borough. 4. PROPOSAL AND ISSUES 4.1. The Housing Strategy will cover a wide range of housing problems and issues in the borough. This report, however, invites the PAC to consider the following issues in particular: 4.2. Giving council tenants local control over their homes; Allocating council homes: new opportunities for secure tenants; and Improving private rented housing. Each of these is discussed briefly in the Appendices and recommendations for the PAC to consider are proposed. LOCAL GOVERNMENT ACT 2000 LIST OF BACKGROUND PAPERS USED IN PREPARING THIS REPORT No. Description of Background Papers Name/Ext of holder of Department/ file/copy Location None LIST OF APPENDICES: 1. Giving council tenants local control over their homes 2. Allocating council homes: new opportunities for secure tenants 3. Improving private rented housing Appendix 1 Giving council tenants local control over their homes Background 1. Both the last Labour government and the current coalition have argued strongly for measures to devolve power to local communities. They have legislated to promote opportunities for residents to take individual responsibility within their communities and for the services they receive. 2. This common theme runs through Labour's devolution programme, the Conservatives’ Big Society and the coalition's "localism" initiatives which culminated in the Localism Act 2011. 3. Localism has many forms. In housing, the manifesto of the new administration in Hammersmith & Fulham made a number of commitments to council tenants: To give greater powers to residents of the council's housing estates across a broad range of areas; To work with residents to give them ownership of the land their homes are on; and To protect council homes now and in the future. The issues 4. The council owns around 12,000 tenanted homes in Hammersmith & Fulham. These are available and allocated to local residents at affordable rents and on the basis of need. The homes are held in a separate financial account - the Housing Revenue Account - which is completely separate from the rest of the Council's finances. In addition there are over 4,700 leasehold properties in Council-owned estates, blocks and houses and these residents also have a strong interest in the future of their home and their area. 5. There are a number of major issues to be addressed. At present, residents have limited say in how their homes are run. It is the council which decides how homes are managed and maintained and by whom and it is the council which decides the level of rents and service charges. And the council can decide whether to sell off empty homes on the open market or whether to redevelop estates. Residents have no collective legal interest in their homes which would give them a say in or control over how housing is run or which would protect their interests or the council’s housing stock in the future. The fact that the housing is run by the council means there are restrictions on what can be invested in repairing and improving existing homes and in providing new ones. For example, the government sets a limit on how much the council can borrow for housing even though a higher level of investment would be considered prudent by housing associations and private sector landowners 6. There are already examples in London and elsewhere where residents have taken on more local control and where the restrictions which operate on the Council have been overcome. Some tenants, for example, have taken over decisions about the management of their homes and how services are run. Others have gone further and taken on the ownership of the property themselves. There are a range of options, each of which would require detailed consideration. Recommendation 1 The PAC is invited to request the administration to establish a Residents Commission on Council Housing to consider the options for empowering residents to take local control over their homes and for maximising investment in existing and new council homes. Appendix 2 Allocating council homes: new opportunities for secure tenants The issues 1. Social housing in the borough is a hugely valuable resource. There are many thousands of households living in unsuitable housing who would like the opportunity of a council or housing association tenancy. It is therefore vital that the most efficient use is made of the homes which are available. 2. The new administration in Hammersmith & Fulham believes that the existing social housing system in the borough does not achieve this. It believes the system is inflexible, does not make the best use of resources and does not provide enough opportunities or incentives for residents to invest in the success of their communities or in their own future. It also believes it is unfair to some groups in the community. The reasons are set out below. Many council homes are "under-occupied" by their tenants, mainly because there are insufficient opportunities or incentives for them to move to a more suitable home. As a result, other people are left in overcrowded or unsuitable conditions, for example in temporary accommodation. This “inflexibility” was reinforced by traditional secure tenancies, which gave long-term security to tenants but did not necessarily make the best use of the housing stock. Following the passing of the Localism Act, the previous council administration introduced fixed-term tenancies for new council tenants. This meant that from March 2013 most new tenancies were for five years only and sometimes only two years. The exceptions were for older or vulnerable people who still received "lifetime" tenancies. The new administration believes that this has led to insecurity for residents and acts as a disincentive for tenants to contribute to building sustainable communities. It also believes that in practice most fixedterm tenancies will be renewed anyway. Some tenants would like the chance to move on to home ownership and to have a bigger financial stake in their community. However, at present there is little help or incentive for them to do it. This in turn limits the turnover of homes and the opportunities for people in housing need to gain a social housing tenancy. Other people, such as homeless families placed outside the Borough and some categories of overcrowded household, are denied the chance to go on the Housing Register altogether. 3. The manifesto of the new administration made the following commitments: To provide new opportunities for secure rented tenures; and To provide new opportunities for council residents to own their homes. The proposals 4. There are a number of ways in which the existing shortcomings in the system could be addressed and where further policy development is needed. To end the insecurity which results from the existing short-term tenancies for new tenants, explore the introduction of tenancies which provide long-term security for tenants without necessarily guaranteeing their right to stay in the same home indefinitely. This would not affect the rights of existing tenants. Provide an opportunity for council tenants to use their rent to build up a financial interest/stake in their home which they can cash in by "selling" it back to their landlord (the council) when they are in a position to move into home-ownership. This idea was first proposed by the Association of London Government in 2005. Review the existing system for allocating council homes and in particular those categories of household which are currently excluded from the Housing Register. Recommendation 2 The PAC is invited to request the Cabinet to bring forward a detailed paper reviewing, and making proposals on, allocations and new forms of tenancy. Appendix 3 Improving private rented housing The issues 1. An increasing number of people in the borough live in homes rented from private landlords, up from 23% in 2001 to 33% in 2011. A number of factors have contributed to this rapid increase, particularly soaring house prices driven by low volumes of housing development and the impact of government policy on rented housing. 2. There is a variety of property and landlords: ex Right-to-Buy council homes sold to investors; private landlords with a small to medium portfolio; “accidental” landlords who have one or more homes owned for investment or family reasons; and buy-to-let landlords (sometimes from overseas) who have bought homes in new developments. 3. For many residents in the borough, private renting offers a form of housing that meets their requirements. Unfortunately, however, it has also historically experienced high levels of disrepair and been the poorest managed, poorest quality and highest cost part of the housing market. There are also issues of anti-social behaviour in this sector which affect the overall levels in our borough and which can be particularly difficult to challenge. 4. Many landlords manage their property well and the council wants to work with them to drive up standards. However, the Council is also committed to using its powers to prosecute landlords who flout the law to the detriment of their tenants. Legislation already exists to address high risk hazards such as fire safety and inadequate heating, overcrowding and poor management in Houses in Multiple Occupation (HMOs). 5. However, there are limits to what the Council can do by enforcement alone and a number of broader issues to consider to improve standards. The includes whether the council should introduce a compulsory licensing scheme for private landlords and what to do about housing deliberately kept empty for long periods by their owners. There is also the view that rents should be controlled in some way and that tenants should have the right to more than a minimum one year (sometimes six months) tenancy, though these would require action at the national level. The proposals 6. The new administration has a manifesto commitment to ensure decent homes in the private rented sector. It has a number of proposals to improve private rented housing in the borough. Work with landlords and tenants to establish a “Hammersmith & Fulham Landlords Charter” to establish best practice standards for the management of private rented homes. Consult residents and landlords on whether to introduce a licensing scheme for landlords in the borough. There are a number of different ways this could be done. It could be across the borough as a whole or in parts of it or for particular types of housing. One factor will be the cost, both for the council and for the landlords. Explore what can be done about property being kept empty deliberately. Seek agreement on a London Living Rent for tenants in private sector housing. Recommendation 3 The PAC is invited to support the above proposals for improving private rented housing in the borough and to ask the Cabinet to bring forward detailed plans for their implementation. Report End.
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