arrangements are expected to come housing can ‘unsatisfactory conditions’ into force around November 2014. cover any situation where someone is badly housed e.g. someone – 2 Abolition of right to buy experiencing domestic abuse. The Act says that someone has unmet Part 1 of the Act abolishes the right to housing needs where the landlord buy altogether, two years from the date considers that the household has of Royal Assent on 1 August 2016. – housing needs which be met by can’t Whilst the two year lead-in period is the available housing options. Whilst longer than GWSF wanted, it does at this is, in many ways, an unsatisfactory least represent a reduction from the definition, the Act says that landlords originally proposed three years. must have regard to any Scottish Government guidance, and GWSF’s There are no other changes to RTB, so understanding is that there will indeed all the current complexities will have to be guidance produced (and consulted be tolerated for the remaining time RTB on) on this issue, amongst others. We is in operation. will want to ensure, for example, that the new legislation does not stop landlords housing people who are 3 Social sector allocations working but have a positive preference to live in secure, affordable housing. Reasonable preference categories Duty to consult on allocations policies The only significant change here is that under occupying social housing tenants There is a new duty on social landlords will be a new ‘reasonable preference’ to consult tenants, registered tenants category. The revised categories are: organisations and applicants on changes to priorities within their People who are homeless or allocations policies, and to publish a threatened with homelessness report on the consultation. GWSF and have unmet housing needs believes this new duty should largely People living in unsatisfactory reflect existing good practice. housing conditions and have unmet housing needs Experience suggests that interest in Social housing tenants contributing to such consultations – considered by their landlord to be particularly among applicants varies, – under occupying and associations will be keen to see a non-prescriptive approach to The first two categories mirror the consultation and reporting from both the existing categories (with the addition of Scottish Government and Scottish the reference to unmet needs). As now, Housing Regulator.
arrangements are expected to come into force around November 2014. 2 Abolition of right to buy Part 1 of the Act abolishes the right to buy altogether, two years from the date of Royal Assent – on 1 August 2016. Whilst the two year lead-in period is longer than GWSF wanted, it does at least represent a reduction from the originally proposed three years. There are no other changes to RTB, so all the current complexities will have to be tolerated for the remaining time RTB is in operation. 3 Social sector allocations Reasonable preference categories The only significant change here is that under occupying social housing tenants will be a new ‘reasonable preference’ category. The revised categories are: People who are homeless or threatened with homelessness and have unmet housing needs People living in unsatisfactory housing conditions and have unmet housing needs Social housing tenants considered by their landlord to be under occupying The first two categories mirror the existing categories (with the addition of the reference to unmet needs). As now, ‘unsatisfactory housing conditions’ can cover any situation where someone is badly housed – e.g. someone experiencing domestic abuse. The Act says that someone has unmet housing needs where the landlord considers that the household has housing needs which can’t be met by the available housing options. Whilst this is, in many ways, an unsatisfactory definition, the Act says that landlords must have regard to any Scottish Government guidance, and GWSF’s understanding is that there will indeed be guidance produced (and consulted on) on this issue, amongst others. We will want to ensure, for example, that the new legislation does not stop landlords housing people who are working but have a positive preference to live in secure, affordable housing. Duty to consult on allocations policies There is a new duty on social landlords to consult tenants, registered tenants organisations and applicants on changes to priorities within their allocations policies, and to publish a report on the consultation. GWSF believes this new duty should largely reflect existing good practice. Experience suggests that interest in contributing to such consultations – particularly among applicants – varies, and associations will be keen to see a non-prescriptive approach to consultation and reporting from both the Scottish Government and Scottish Housing Regulator.
Housing-Act-Guide-final-20-August.docx