Categories
Blog Post

Right to transfer

<strong><span class="has-inline-color has-accent-color">Steve Hilditch</span></strong>
Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

Attracting virtually no comment at the time it was passed, an obscure clause in Labour’s 2008 Housing and Regeneration Act could offer council tenants a unique but controversial way of owning and running their own homes.

Section 34A, as it is known, requires a local authority to co-operate with a formal notice from a tenant group to transfer ownership of council homes and estates to them.  The government has decided to press forward with making regulations under the section and has branded it the right to transfer.  A draft is expected in February.

As a policy, S34A is a direct descendant of the Tenants Choice legislation that was introduced by the Conservatives in 1988.  The political belief at the time was that tenants would rise up to take control of their housing from Labour councils who ran their housing badly.  In practice, and famously, it was used by Walterton & Elgin Community Homes (WECH) to take over their estates when Westminster Council, led by Shirley Porter, tried to sell them to developers.  As it didn’t lead to the hoped-for tenants’ revolt in Labour areas, and caused embarrassment in Westminster, it was repealed in the mid 1990s. 

WECH is still going strong, a leading example of tenant control working in practice.  Based on its experiences, the organisation has become a strong advocate of the principle that genuine empowerment through community ownership and control can lead to measureable improvements in happiness and wellbeing.

The right to transfer is seen by the ConDems as furthering both Localism and the Big Society.  So we have Labour legislation and ConDem implementation, does this mean there is a consensus that the right to transfer is a good thing?  The left has often been divided on the issues of tenant control and, in particular, tenant ownership.  The co-operative and mutual traditions run deep, but there has often been hostility to moving ownership out of the public sector and away from traditional democratic control.  Is transfer from a council to collective tenant ownership and control ‘privatisation’ or a different form of socialised ownership?  I go for the latter as long as the model does not allow for private gain (as some earlier co-ownership models did) and the homes are properly used to meet housing need.

There are of course dangers to negotiate.  If tenants wish to transfer part of a local authority’s stock to their ownership, coming out of the housing revenue account is hugely complex and has risks for both sides.  Other major issues to deal with include the viability of the new tenant organisation and the long-term relationship with the parent authority over issues like allocations and future development. 

The right to transfer will also cause bigger political divisions in the Conservative Party.  In Hammersmith and Fulham, normally the incubator of Tory housing policy, tenants on estates threatened by demolition as part of the huge Earls Court redevelopment have already served notice that they want to take over their estates, potentially scuppering the council’s plans to reduce the amount of social housing in the borough.  Will the government be willing to effectively overrule the Prime Minister’s favourite council to pursue its policy?

Given the need for the Labour Party to develop a new stance on housing, my own view is that Ed Miliband and the housing front bench should support tenants interested in using this new power. 

PS – In legislative technicalities, S296 of the Housing & Regeneration Act 2008 introduced a new Section 34A to the 1985 Housing Act.

Categories
Blog Post

Action on neighbours from hell ‘a chocolate teapot’?

<strong><span class="has-inline-color has-accent-color">Steve Hilditch</span></strong>
Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

Yet another attempt at populism by Mr Shapps with his announcement that ‘neighbours from hell’ will face faster eviction under ‘radical plans’ to introduce a new additional mandatory ground for possession against social tenants, under which tenants with a track record of anti-social behaviour can be evicted from their council or housing association property much more quickly.   At its core, the proposal means that being found guilty of housing related anti-social behaviour in one court will provide automatic grounds for eviction in the county court, removing the need to prove the incidents of anti-social behaviour for a second time.

So far so good, it would be hard to find a stronger consensus on any issue than the one in support of tackling anti-social behaviour quickly and effectively. 

However, m’learned friends at the consistently excellent Nearly Legal website take a different view.  And, as NL says, it is housing lawyers who will have to make sense of this when court cases follow. 

So what are their key points?

First, NL say that a criminal conviction would already be incontestable as a fact in civil possession proceedings – there is no need for something to be ‘proved again’ on a possession claim at all.

Secondly, they see definitional problems.  Mr Shapps says the new mandatory ground will follow a tenant being found guilty of ‘housing related anti-social behaviour’ – but, say NL, that “covers a lot of ground, from the minor but annoying to the very serious indeed. And ‘found guilty’ – does this mean a conviction in the Magistrates or Crown Court?  Or the Magistrates making an ASBO or ASBI?”

Thirdly, they see problems in the word ‘mandatory’, which due to a case called Pinnock, is a bit more of a tricky concept than it used to be and not as certain as Mr Shapps would like.

Fourthly, they say there is little if any evidence that non-mandatory possession proceedings are what is getting in the way of dealing with the problem, even in the dreadful ASB cases quoted in Mr Shapps’ press release.

NL places the problem closer to home, and in particular the failure of some landlords and the police to take more effective and joined up action against perpetrators or to support victims, and the lack of dedicated funding.  So, they conclude, “Unless existing powers are actually used (and the dedicated joined-up ASB teams funded), the fact that there may be a kind of mandatory possession proceeding .. is going to make no practical difference to the situation at all, as there will be as few ‘housing related ASB’ prosecutions as there are now, or even fewer.”

Mr Shapps announcement is therefore, they say, “a chocolate teapot”.

PS – another sceptical lawyer writes on 24 Dash – see here http://www.24dash.com/news/housing/2011-01-14-Lawyer-in-warning-over-fast-track-evicitons-under-ASBO-reforms

Categories
Uncategorized

Protecting the rights of property owners – sometimes

Eric Pickles made a very big fuss announcing more protections for the rights of property owners – limiting councils’ ability to bring privately owned empty homes back into use:

“The Coalition Government is standing up for the civil liberties of law-abiding citizens. Fundamental human rights include the right to property.”

Quite.
It’s just as well that his Localism Bill doesn’t provide any Tom, Dick or Harry the right to interfere with your private property rights. 
Erm, but doesn’t that very piece of ground breaking legislation provide for a ‘Community Right to Buy’?
This would give local people the legal right to nominate any community asset onto a council’s ‘most wanted’ list. An asset on this list, in the case of its closure, could not be sold until after a ‘community countdown’, in which the community gets time to prepare its own bid to buy it.
So if you want to flog your shop, pub, small business etc, you might find your neighbours ganging up to stop you doing so – for a little while anyway.  
Now, I don’t think a community right to buy is a bad idea. I’m not sure it’ll ever work, but never mind. However, it is entirely at odds with the ‘fundamental rights’ you have to do as you wish with your property.
Both, on their own, are good populist measures in their own terms, so why pause for the sake of consistency?

Categories
Blog Post

Social housing investment peaks then plummets

<strong><span class="has-inline-color has-accent-color">Steve Hilditch</span></strong>
Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

An early glimpse into the new edition of the UK Housing Review, to be published at the start of February, reveals that investment in social housing has reached its highest level for 20 years but is due to plummet again when the cuts take effect in April 2011.

The review describes how overall gross social housing investment in Great Britain rose again in 2009/10, to the highest level in real terms for almost 20 years – up by over 80 per cent since the previous decade. The strongest annualised growth was seen in Scotland.  Taking account of all private finance investment, the Review concludes that “the last two years have seen overall investment in social housing at its highest sustained level (in real terms) for three decades”.

“Going right back to the 1970s, in only in one earlier year – 1989/90 – was expenditure higher. This resulted from a coincidence of exceptional factors – peaking right to buy receipts in the late 1980s housing market boom, together with landlord action to pre-empt government spending restrictions that were announced before they took effect.”

For the Chartered Institute of Housing, which trailed the Review this week, Director of Policy and Practice Richard Capie said: “The last two years have seen record investment in social housing across Britain, both from central government and importantly through private finance.  This allowed the provision of more homes, essential community regeneration and important improvements in existing homes.  We have now entered a very different era, with 50 per cent cuts in cash terms to housing budgets in England and around 19 per cent in Scotland.  We are in the midst of a housing crisis with fewer than half the homes we need being built. This latest research shows the sheer scale of the dramatic cuts we are now seeing in new housing.  These are a body blow to first time buyers, low income households and the construction sector.”

Figures on cuts to housing investment for 2011-14 for England are taken from the National Affordable Housing Programme which was £8.4bn in 2008-11 and will be £4.5bn in the three years from 2011/12. Accounting for the inclusion of mortgage rescue and the recovery of empty homes this represents a cash terms cut of 50 per cent.  In Scotland the draft budget prefigures a cut in housing and regeneration spending from £488m to £393m, a cash cut of 19 per cent. The Scottish Federation of Housing Associations estimates that allowance for spending brought forward in 2010/11 means that the real reduction in 2011/12 will be over 30 per cent.

The starkness of the figures adds strength to the points made by Tony in his post on how the anti-recession stimulus is running out with potentially dire consequences for the construction sector of the economy.  

The website of the UK Housing Review is http://www.york.ac.uk/res/ukhr/index.htm 2010-11 and contains a wealth of statistical and financial information about housing in the UK.  It is edited by Professors Steve Wilcox and Hal Pawson.   

Categories
Uncategorized

Stimulus worked (and is running out)

I thought I’d flag up this article in the Telegraph from last week.
It’s about the construction industry hitting the buffers because of the poor weather in November and December this year.
It also notes that construction, despite being a very small part of the economy (6%) accounted for a significant proportion of what little growth there has been. Construction growth made up one third of all growth in the economy in Q2 of 2010, and one quarter of all growth in Q3. Not a bad contribution from a small sector.
This shows that the extra money invested in housing as part of the fiscal stimulus worked exactly as it was supposed to. The construction growth of the last year has kept people in jobs (and off benefits) and supported firms that otherwise would have gone under or contracted.
Think how much more anemic the growth in Quarters 2 and 3 would be without the extra housebuilding.
More worryingly for the future, construction is now contracting, jobs are being shed at a rapid rate and in particular “residential construction [is] falling at the fastest rate since April 2009, indicating the knock-on impact of a stagnant housing market.”
And I would add, deep cuts in capital for housing investment and the fiscal stimulus coming to an end.
And remember not only did this irresponsible, deficit creating spending splurge keep people off benefits, in jobs and supported competitiveness and capacity in the economy – it leaves a legacy of tens of thousands new affordable homes across the country that would not otherwise have been built.

Categories
Blog Post

Is keeping your house empty a human right?

<strong><span class="has-inline-color has-accent-color">Steve Hilditch</span></strong>
Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

In previous posts we highlighted the bizarre examples used in the government’s advice on how to deal with squatters, especially what to do if your home is squatted whilst out walking the dog.  Bernard Crofton recalled that the dog example originated as an ironic comment made at a meeting many years ago.  From his Freedom of Information request, it seems no such examples actually exist and, even if they did, the government wouldn’t know because it keeps no data on such cases.  

It was with this in mind that I read the 7 January announcement by Secretary of State Eric Pickles that he planned to heavily restrict the use of Empty Dwelling Management Orders (EDMO), introduced by Labour to take action on properties that have been empty for 6 months or more.

Once again the justification for the policy is punctuated by colourful and extreme examples.  Pickles said it was wrong that a bereaved family could face having their loved one’s home seized under an EDMO, and quoted examples of councils attempting to use the powers against someone caring for an injured daughter abroad and a 96 year old who had passed away in a nursing home.

These examples would indeed be extraordinary if true, and CLG will shortly receive an FoI request seeking more information about them.  What is known is that only 44 EDMOs have been made since the law came into effect in 2006.  Councils would indeed have to be out to lunch to have focused on such cases given how many empty homes there are to choose from. 

Let me be clear: just as I disapprove of people squatting properties when homeowners are walking their dogs, I also disapprove of councils making EDMOs against ‘people in vulnerable situations’ as Mr Pickles calls them, or when a property is empty for good reason. 

Having compulsorily purchased quite a lot of empty homes in a previous life (indeed under the Thatcher government) I know that owners get into complex positions especially if a relative has died intestate.  Back then the owners would be given lots of opportunities to bring their properties back into use, and the same is true today with EDMOs.  But the very fact that the council intervened and was willing to take strong action meant that many properties were brought back into use without any formal action being taken.  The threat was taken seriously.  Owners will see Pickles’ soft soap policy and laugh when the council comes calling.   

The real reason for Pickles’ change is ideological: “The Coalition Government is standing up for the civil liberties of law-abiding citizens. Fundamental human rights include the right to property” he said.  More important, it seems than the human rights of the homeless.

Pickles clearly has little understanding of the damage empty properties can do to neighbourhoods in a very short space of time.  In future he will only allow EDMOs to be used where there has been vandalism or squatters and other forms of anti-social behaviour, and action can only be taken after the property has been empty for two years.  So an owner will be able to keep a property empty in a vandalised state, a blight on the neighbourhood, for 2 years before the council can take EDMO enforcement action.  

I hope councils will object strongly, both to the stupidity of the new policy and to the demeaning nature of the argument for introducing it.

Categories
Uncategorized

Right hand, meet left hand

The tough choices of joined up government…
As we reported, Grant Shapps made the case earlier this week that a stagnant housing market with prices remaining flat or decreasing in real terms would be a good thing for first-time buyers and achieve a more stable housing market in the future.
 At the end of this week, David Cameron argued that the housing market “has become very stuck and we’ve got to get it moving again”.
He rightly points out that mortgages are now hard to get even for those who are able to pay them and are likely to be able to in the future:

“If you are a single person, you are earning a decent salary. You go to the bank or building society, you are actually quite a good risk – they won’t give you 80 per cent of the value, they won’t give you four times your salary.”

Here’s the problem however – as soon as you start opening up mortgage lending again, to exactly the people David Cameron describes above, then house prices will start rising again, exactly what Grant Shapps doesn’t want.
As I said, in my last post the brake on house price increases is mortgage availability. The price of homes in Britain rises to the amount of available credit in the economy. Increase the credit, increase the prices.
It’s one of the tough problems you face in government. They can try to help Britain to develop a more stable and secure housing market. The result of that is locking first-time buyers out of the market in the meantime. Take your pick.
Without some really radical reforms (that some of our previous commenters have flagged) the government has pretty limited powers over shaping the housing market. They’re going to find it really hard to force the banks to free up their lending, not least because they also want to banks to build their reserves back up so they can pay back the public’s money.
In contrast, if/when banks in the future begin to lend more freely and the housing market gets motoring again, they’re going to have to take some pretty tough steps to stop prices spiralling again. Grant Shapps hasn’t said what steps he would take or what levers government really has in these circumstances, but it would take quite a lot of political steel to intervene.

Categories
Blog Post

March of the Meanies

<strong><span class="has-inline-color has-accent-color">Steve Hilditch</span></strong>
Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

A Day in the Life of Ministers in and around Communities and Local Government.  On January 3rd, Housing Minister Grant Shapps took action to prevent the demolition of a single house in Liverpool, occupied from the age of 0-4 by one Richard Starkey, later a drummer in a band.  “Let It Be” trumpeted Mr Shapps in the CLG press release.  More like Back in the USSR. 

Meanwhile, just along the corridor, Bungalow Bill* (played by E Pickles) was condemning, in the strongest possible terms, “Whitehall’s addiction to micromanagement” whilst ending requirements limiting car parking spaces in new developments, alongside his friend,  Lovely Rita, meter maid (aka Transport Minister Philip Hammond), who was removing restrictions on councils’ parking charge regimes.  CLG didn’t risk calling the policy Drive My Car.

All I can say is Help.  And Run For Your Life.

*John Lennon said that “‘Bungalow Bill’ was written about a man at the Maharishi’s meditation centre who went off to shoot a few tigers then came back to commune with God.

Categories
Uncategorized

A new type of Labour A-List?

I was thinking about more party reforms that Ed Miliband could pursue, and especially what kind of people we want to be Labour MPs.
There are well known barriers to becoming an MP for some groups and Labour has taken the most steps to address under-representation – most obviously through all women shortlists, which have resulted in Labour having more women MPs than all the other parties put together.

The Tories have tried, but with less success with their derided A-list of bright young things, who ‘get’ the Cameron project.
To become an MP requires in most instances years of steady hard work, dedicated campaigning, attempts at an unwinnable seat or two, a lot of time, supportive friends and family and much more. It’s unsurprising really that given these demands politics is becoming more professionalised.

People who already work in politics-related jobs are most likely to understand the processes and are likely to have employers sympathetic to their ambitions and give them the time they need.

So do we need more people in Parliament who have done different things in life and perhaps have had a career in business, local government, the health service, housing associations and charities, before entering parliament?

The truth is if you have a serious job in any of these fields, you’re going to find it hard to put in the time to devote yourself professionally to winning a seat. Some do, and great credit to them.

So could we have a Labour A-list that supports experienced people onto the Labour benches? People who know how to run things and led serious organisations and have not made professional party politics their lives.
Potentially this would add gravitas to the PLP, probably make for more independent-minded MPs, provide a greater pool of people who would make good ministers (they’ve run things) and widen the pool of talent and expertise from which we draw.

Not directly housing related I know – but I got started on this thinking about the people I know in the housing world. Many in local government, housing associations and housing charities were politically engaged on the left at some point, but chose to pursue their politics through a public service route, to the exclusion of elected politics. It would be good if it were easier for them to bring their skills and experience back into politics later in their careers, rather than being forced to make one choice at an early stage.

Categories
Blog Post

We need Isambard and a tin hat

<strong><span class="has-inline-color has-accent-color">Steve Hilditch</span></strong>
Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

As Tony suggests in his post I agree with Grant, Grant Shapps deserves (begrudging) respect for raising the importance of achieving long term house price stability, but I hope he has his tin hat on in anticipation of the reaction in some parts of the media.  The Mail has already highlighted Shapps’ own personal property dealings as they smell ‘hypocrisy’.   Of course, never one to miss a political trick himself, Shapps also tries to pretend that house price hyper-inflation came in with the Labour government in 1997, whereas all the key trends and policies, long booms followed by a sharp and damaging busts, have been in place for a couple of generations now.

The real problem is that I can’t see anything in his or the government’s philosophy that might lead to the necessary actions being taken to bring house price stability about.  The Mail quotes Shapps as saying that homeowners should no longer rely on their houses to fund their retirement and that ministers were hoping to engineer an era of ‘house price ­stability’ in which property values would gradually be eroded by ­rising earnings.  

‘Engineering’ a market seems rather at odds with everything else they stand for.

Indeed rather a lot of extremely heavy engineering projects would be required to achieve long term price stability.  We may need the housing equivalent ofIsambard Kingdom Brunel because all of them are hard to achieve. 

The first is a better balance of supply and demand, which will need policies to massively increase the rate at which new homes are built over a sustained period of time, more than a decade.  With the regional planning framework scrapped, and huge cuts in infrastructure investment, this seems a forlorn hope to me.  

The second is the stable supply of mortgage funds on sensible terms, targeted towards the cheaper end of the new build market, to encourage developers to produce more affordable homes.  This will require a stiffer attitude towards regulation than this government promises and lenders are used to. 

The third is to tackle land prices and not just house prices – the problem in many places is not the cost of construction, but the price of the land – which can probably only be done through some kind of land value tax, not natural territory for any of the main political parties. 

And fourth, we need a stronger safety net for home owners when interest rates spike or redundancy strikes – Labour’s policies during the credit crunch were a good start in this direction.  Stable or falling prices need to be accompanied by reduced risk for individual households.

At the bottom of it the hardest change to make will be in attitudes.  A good home ownership market is vitally important, but it will fail if it is regarded as the only tenure that brings status and respect, or as a get rich quick scheme or a proxy pensions market or even a place to bung the latest bankers bonus.  The core business should be about delivering reasonably-priced homes to people on reasonable incomes, and shared ownership to people on ‘intermediate’ incomes who want it.  But the market will still fail unless we have a better understanding of the relationship between tenures.  A balanced housing market needs far more renting as well as more homes built for sale, so people at all income levels have real choice at different stages in their lives and are not forced into debt that they cannot sustain.  

More care is needed with the language of ‘aspiration’, which has become synonymous with wanting home ownership.  Of course many people would like to own their own home if they can afford it, but the aspirational classes may well give higher priority in future to getting their children through college and protecting their retirement.

These are real challenges not just for Grant Shapps but also for Labour’s housing policy review when it gets under way.  It would be nice if a new consensus was emerging that enabled serious long term policy options to be discussed rationally, but I suspect the odds are against.