Housing Focus - August 2010

Grant Shapp’s announcement in July that ‘the TSA is toast’ has led to some wide and speculative reporting in the media; some of which confuses abolition of the TSA with abolition of the regime. After a month of reflection the general consensus is that the regulatory framework will remain in tact with responsibility for economic regulation transferring to the Homes and Communities Agency.

Since the launch of the TSA in December 2008, the inspection regime has changed twice. There were high hopes that when the powers of the Housing and Regeneration Act came into force in April a period of much needed stability would be brought to a sector plagued with financial and legal uncertainty. Most commentators were looking forward to assessing its impact later this year; instead it seems they will be anxiously awaiting the publication of the Decentralisation and Localism Bill in October, hopeful it contains answers to some of the questions Shapps’ statement has raised.

Once the contents of the Bill are made public, Weightmans will keep you informed of the legal implications.

Times are indeed a changing. Following the announcements about the intended closure of the regulator, cuts to development funding and housing benefit, Eric Pickles has confirmed that the Audit Commission too, is to be abolished. 

What does this mean for landlords? Five ALMOs have yet to find out whether they qualify for two-star status, enabling access to funding and they will undoubtedly be seeking clarity on this issue as a priority.  The Chartered Institute of Housing has written to Communities Secretary Eric Pickles and Audit Commission chair Michael O’Higgins for more information on the practical implications of the decision.

There is also a concern that private audit firms may not pick up malpractice and serious failings in the same way as the commission’s housing department has in the past with councils such as Westminster. The Association of Chartered Certified Accountants has warned that the private sector will struggle to emulate the commission’s experience and consistency.

On the positive side, the new regulatory regime has already provided landlords with the opportunity for ensuring performance is continuously improved; they are answerable to their tenants on this matter. Although the timetable for reform is tight - the review must be completed before the decentralisation and localism bill is published together with the spending review on 20 October - there is still an opportunity for landlords to make their views heard about how they would like their future environment to be shaped.

In this edition we look at fraud, changes in the mortgage rescue scheme, new cases involving domestic violence and possession, how to deal with tenant complaints, and an update on the public law arguments following Weaver.

Fraud

This article first appeared in Inside Housing 25 June 2010. Andrew Gillett recommends that public authorities should share data to fight fraud.

Mortgage rescue scheme

This article first appeared in Inside Housing 6 August 2010. Sian Evans reports on the latest changes  to be implemented by the Government announced in July 2010.

Possession due to domestic violence

This article first appeared in Inside Housing  23 July 2010. Ian Larkins reports on the implication for seeking possession due to domestic violence as a result of the recent case of Metropolitan Housing Trust –v- Djilali Hadjzi.  

Ignore tenant complaints at your peril

This article first appeared in Property Investor News 1 July 10.  Ian Larkins considers the options currently available to tenants.

Court in the middle

This article first appeared in Inside Housing 30 April 2010. Ian Larkins considers the recent cases dealing with public law challenges in the light of Weaver and Pinnock.

Forthcoming events

To register for a place at one of our housing seminars taking place in September please click on the link below:

Housing Seminars - current key issues in housing management will be considered, including: ASB, implications of the Equality Act, Disability and the under 18s, legislation pipeline.

We're always interested in your views, so if you have any comments or would like to share some of your experiences with us please contact sian.evans@weightmans.com. Sian is the partner who leads our social housing team.