The document summarizes several upcoming changes to UK housing law under the Localism Bill and other acts. Key changes include: 1) Local authorities will have more flexibility to determine housing tenure and allocations policies, including offering 2-year fixed term tenancies. 2) A national home swap scheme will be established to help tenants exchange properties and support mobility. 3) Local authorities will be able to discharge their homelessness duties by offering private rented housing. 4) Reforms aim to help address overcrowding and encourage tenants to downsize through underoccupation incentives.

1. Localism and tenancies A round up of some changes in the law which will impact on tenants Yvonne Davies 11 th March 2011

2. Changes in the law Tenancy reform in localism bill: Tenure Allocations Mobility Homelessness Overcrowding and under- occupation Other laws: Freedom – CCTV and wheel-clamping New tenants power of scrutiny Affordable rents

3. Tenure Local housing authorities are to publish a tenancy strategy The creation of a new flexible tenancy for local authority landlords with a minimum fixed term of two years. The government plans to retain two-year tenancies as an option whilst saying it expects the majority of tenancies to be for longer terms, especially for vulnerable households and those with children. A new tenancy standard will be introduced from April 2012 (not to be confused with the current TSA Tenancy Standards)

4. Tenure (2) Social landlords have to publish and maintain a clear and accessible tenancy policy with certain mandatory elements, including: the type of tenancies they will grant the circumstances that decide on the type of tenancy offered; rights of appeal; grounds on which a decision to renew a tenancy will be made; provisions for the vulnerable; advice and assistance to be offered to those not granted another tenancy and details of when discretionary succession will be allowed.

5. Tenure – what does it mean for you? Existing tenants retain their right of security, including in most cases on mutual exchange with a fixed terms tenants The 2 year tenancies are available to local authorities to assist waiting list issues The government expects most tenancies to be long term, particularly for vulnerable people and those with children The 2 years start at the end of any probationary tenancy period Changes to come in on 31 st March 2010

6. Allocations It allows local authorities to restrict access to their statutory allocation scheme, and to exclude existing council and housing association tenants unless they have reasonable preference. The government currently does not plan to make any changes to the existing statutory ‘reasonable preference’ (Priority Housing groups) categories which determine who has priority for social housing. Landlords will not be forced to set up a separate system for transfer requests, but have the freedom to make arrangements that best suit the needs of the local area. Appeals on priority will remain

7. Mobility The government plans to go ahead with proposals for a national home swap scheme A new regulatory standard governing services to support mutual exchange which all landlords to subscribe to an internet-based service that is free to tenants. The landlord must chose a scheme that shares exchange property details with other schemes, or else participate in a range of different schemes. The landlord's preferred exchange service will tenants with suggested matches and a clickable link to other service providers for further matches.

8. Mobility (2) The Chartered Institute of Housing will work with landlords to produce a service level agreement that defines minimum technical, information and security provisions for data sharing. Landlords will be expected to publicise the exchange scheme to its tenants and assist the “digitally excluded”. The government favours a payment by results model for exchange services and will fund a series of projects to trial various approaches. (Details will be announced in the spring).

9. Homelessness This allows local authorities to discharge their homelessness duties through an offer of a privately rented home. Homes offered must be “suitable” and within the LA boundary: Affordable Size, Condition Accessible Location Must be for at least 12 months The homeless duty reoccurs if the persons, through no fault of their own become homeless again within 2 years

10. Overcrowding and under-occupation The government says that the reforms to tenure, allocations and homelessness in the Localism Bill will help tackle overcrowding. It has £13 million to the 50 biggest local authority landlords to tackle under-occupation and intends establishing a new national team of advisers based at the Chartered Institute of Housing to support councils who want to help tenants to downsize, for example: dedicated officers to help find residents suitable new homes a moving service to assist tenants with every aspect of moving handymen to decorate and make repairs to new homes

11. The Protections of Freedoms Bill The main elements which impact on tenants include: Unable to use covert video monitoring for low level offences Need approval by a magistrate to use covert video Scaling back Criminal Records Bureau checks for officers Powers of Entry will be reviewed (16 relate to housing acts and many more for gas safety) Prohibition of wheel clamping on private land. No impact on local authorities on public land Will apply to Housing Associations Landlords may to rethink parking controls

12. Affordable rents A new Affordable rent tenancy will be offered by Housing Associations from April 2011 Tenancies will be fixed term tenancies at a higher social rent, but no more than 80% of market rents Housing Associations are encouraged to charge these rents to new tenants to raise funds to build new homes

13. New tenants power of scrutiny The Localism bill will incorporate the powers to close the TSA: With strengthened powers through tenant panels to scrutinise services ( More on that later from Linda & Graeme ) With strengthened powers for tenants to be involved in resolving disputes/complaints ( More on that later from Linda )

14. Where can I read the full reports Local decisions: next steps towards a fairer future for social housing www.communities.gov.uk/publications/housing/localdecisionsresponse Protection of freedoms Bill http:// services.parliament.uk/bills/2010-11/protectionoffreedoms.html

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