Managing your housing stock: practical issues & potential issues Presented by Kelvin Rutledge

1. Managing your housing stock: practical issues & potential issuesPresented byKelvin Rutledge

2. Issue 1 – The Decent Homes Standard Issue 2 - Disposals & management transfers Issue 3 - Right to Buy update Issue 4 – Disability Discrimination Act 2005; the new duty & obligations

3. THE DECENT HOMES STANDARD “Decent homes are important for the health and well-being of those living in them. Poor housing helps an area to get a bad reputation. That makes it an unpopular place to live, which in turn may lead to the breakdown of communities. In short decent homes are a key element of any thriving, sustainable community.” DC&LG website www.communities.gov.uk

4. Key questions are: What is a “Decent Home”? Who has to meet it? When must it be delivered? What are to consequences of non-compliance? Where can I find out more about it?

5. What is a Decent Home? A Decent home is one which: meets the current statutory minimum standard for housing; is in a reasonable state of repair; has reasonably modern facilities and services; and provides a reasonable degree of thermal comfort.

6. Fitness Each home must achieve all of the following: be structurally stable be free from disrepair be free from damp levels that could affect the health of the tenant have lighting, heating and ventilation have a piped supply of wholesome water have facilities for preparation and cooking of food have a suitably located toilet have a bath or shower with hot and cold water have suitable drainage.

7. Reasonable State of Repair All “key components” e.g. the foundation of the building, the external walls, the windows, the roof etc must all be in a reasonable state of repair. Other components such as ceilings, floors and internal walls should all be in a reasonable state of repair though the Decent Homes Standard will allow one of these components not to be in a reasonable state of repair and still pass the standard.

8. Reasonably Modern Facilities 6 standards - homes not having 3 or more will fail: kitchen with appropriate space and layout appropriately located bathroom and toilet adequate noise insulation adequate size and layout of communal areas in blocks of flats kitchen of 20 years old or less bathroom of 30 years old or less

9. Thermal Comfort All homes to have a central heating system with timing and temperature controls; central heating can be gas, oil, or electric; Plus effective insulation such as loft insulation in houses

10. Who has to meet it? All social landlords are affected by this new standard RSLs have to give details on all their non-decent homes in their annual returns to the Housing Corporation and outline how they are going to deal with non-decent homes LHAs have to set out how they will deliver decent homes in their HRA Business plan

11. What is the delivery date? The DCLG expects 95 per cent of all social housing to be decent by 2010 and the remainder to be improved as fast as possible after that date. The majority of local authorities and RSLs should not, according to the DCLG, expect to change their timetables for delivery. However, for a small minority of homes, it is accepted that it may make sense to continue beyond 2010 in order to deliver value for money or achieve wider objectives The target of all housing being decent by 2010 stands unless a landlord has agreed a different date with the DCLG who will only renegotiate deadlines for delivery of decent homes where this makes sense to do so.

12. What are the consequences of non-compliance? No statutory penalty Possible financial implications Indirect impact on disrepair, allocations & homelessness functions

13. Implementing Decent Homes in the Social Sector Published 21st February 2007 Product Code: 06HCO4416 Price: Free Download: www.communities.gov.uk/index.asp?id=1506348

14. Key findings include: Most social landlords welcomed the concept of a minimum standard because it introduced certainty Variation amongst social landlords in the amount of knowledge about the Housing Health & Safety Rating System (HHSRS) and its likely impact on decent homes Decent homes has had a significant effect on regeneration

15. Future developments The “Decent Homes Plus” target for 2015-2020

16. DISPOSALS & TRANSFERS Options for compliance with the DHS Large scale voluntary transfer Private finance initiative Arms length management organisation

17. Consultation requirements (Management Transfers) Housing Act 1985, ss. 27 / 105 R(Beale) v Camden LBC [2004] HLR 48 R v Brent LBC ex p Morris (1997) 30 HLR 324

18. Consultation requirements (LSVT) Housing Act 1985, s.106A / Sched 3A Housing Transfer Manual Swords v SSC&LG & Others [2007] EWHC 771 (Admin) (CA pending)

19. RIGHT TO BUY UPDATE Housing Act 2004 Extension of qualifying period to 5 years – s.119 Exceptions to RTB to include dwelling-houses due to be demolished within 24 months – Sched 5, para 12 Repayment of discount on early disposal - s.155, s.155A-C Right of first refusal for landlord etc – s.156 Exempted disposals – s.160(3) Deferred resale agreements – s.163A

20. Effective date of RTB1 Raymond Martin v Medina Housing Association [2006] EWCA Civ 367 RTB “abandoned” after delay of 13 years; Part V not so comprehensive code that there was not room for the application of elementary common law principles of waiver & estoppel Copping & Copping v Surrey CC [2005] EWCA Civ 1604 T served 2 notices, one in 1991 & second in 2001; which prevailed vis-à-vis the valuation? Judge held the second &CA agreed. Where L denies right the ‘ball is in T’s court’ to either accept that or challenge it under s.181

21. The service trap Terry v Tower Hamlets LBC (2005), unreported

22. Competing claims Basildon DC v Wahlen [2006] EWCA Civ 326 Possession claim by L / counterclaim by T Applied Bristol CC v Lovell Not a race to judgment Consider all circumstances Under-occupation a factor

23. Disability Discrimination: The new duty and the new obligations

24. The primary legislation Disability Discrimination Acts 1995 & 2005 Equality Act 2006 Civil Partnerships Act 2004 Web version @ http://www.dwp.gov.uk/aboutus/consolidated_dda_equality_act.pdf

25. DDA 1995 – phased implementation (1) December 1996 – employment and access rights (2) October 1999 – employers required to make reasonable adjustments to premises (3) October 2004 – businesses required to make physical alterations

26. The next stage: DDA 2005 – amendment to DDA 1995 To cover more people and organisations

27. Transport Rented Premises Private clubs School examination bodies Local councillors

28. Definition of “disability” – s.1 “physical or mental impairment which has a substantial and long-term adverse effect on ability to carry out normal day to day activities”

29. Schedule 1 – additional definitions A person with Cancer HIV+ Multiple sclerosis Is a disabled person

30. Duties on landlords and managers of rented accommodation- s.49G applies if the tenancy is not protected, statutory or secure occupier is a disabled person who occupies as his only or principal home if the tenant is entitled to make improvements with consent of landlord and applies to landlord for consent to make a relevant improvement relevant improvement is one which, having regard to occupier’s disability, is likely to facilitate his enjoyment of the premises Landlord must consider request and justify refusal – if unreasonably withheld, consent is deemed to have been given Landlord is not required to pay for improvements

31. Duty on local authorities s.19 prohibits discrimination against a disabled person in relation to the provision of services or the terms on which services are provided

32. Public authorities Section 21B – unlawful for a public authority to discriminate against a disabled person in carrying out its functions Discrimination – less favourable treatment than the treatment which a non-disabled person is treated or would be treated - Comparator can be actual or hypothetical Discrimination also occurs where the public authority makes it impossible or unreasonably difficult for the disabled person to receive a benefit or where a detriment is exacerbated in the case of a disabled person

33. Treatment, or failure to comply with a duty, may be justified if the public authority reasonably believes that: the treatment is necessary in order not to endanger the health or safety of any person; the disabled person is incapable of entering into an enforceable agreement or giving informed consent; equal treatment would “in the particular case” involve substantial extra cost which would be too great, having regard to resources the treatment is necessary for the protection of the rights and freedoms of others

34. The treatment or non- compliance with a duty must be: JUSTIFIED; and PROPORTIONATE Similar to art.8 ECHR test where interference is justified under art.8(2)

35. Manchester CC v Romano and Samari CA considered that it would be preferable for a secure or assured tenant wishing to rely on the DDA to rely on that claim as part of his case that it would be unreasonable for the Court to order possession rather than to counterclaim for a declaration or injunction In terms of “justification” it was held that the ECHR rights of the neighbours, as well as those of the disabled person, had to be borne in mind, and that it was sufficient for the landlord to show that a person’s health (being a complete state of physical mental and social well-being and not merely the absence of disease and infirmity) and safety is put at risk It need not show that there has been damage to a person’s health and safety or that it would be seriously endangered

36. Tenants: Unlawful discrimination to fail to make a reasonable adjustment for a disabled tenant (unless failure justified) - s.24A – 24L Applies to licences and tenancies

37. Duty to take reasonable steps to change a policy, practice or procedure which makes it impossible or unreasonably difficult for a disabled person to take a letting of the premises or for a disabled person occupying to enjoy the premises e.g. Allow a tenant with mobility difficulties to leave rubbish in another place if the designated area is inaccessible; Allow a wheelchair user access via an entrance not normally available for tenants’ use

38. Duty to take reasonable steps to provide an auxiliary aid or service to facilitate disabled person’s use or enjoyment of the premises or enable disabled person to take a letting Duty limited to an aid or service: Specifically in connection with the premises Does not require the making of physical alteration to premises (but landlord may be required to waive a prohibition on the making of alteration by the tenant) Triggered by request of tenant Some exemptions Limited scope for justification of less favourable treatment or failure to take reasonable steps: s.24K

39. Non- tenant disabled persons s.24F – unlawful to discriminate against a tenant (e.g. rent increase, eviction) because of duties arising in respect of a lawful occupier who is disabled but is not the tenant Increased costs incurred by landlord may be distributed among all tenants but to require disabled tenant only to pay would be discriminatory.

40. Managing your housing stock: practical issues & potential issuesPresented byKelvin Rutledge