Tag: Labour Housing Group

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Renters Reform (Bill): finally, but there’s still more to do

By Jamie McGowan

On 15 April 2019 the Government pledged to abolish Section 21 evictions. Four Prime Ministers, three Housing Ministers, and 52,800 Section 21 eviction notices later… the Renters (Reform) Bill 2023 is here. For tenants this is broadly good news, but as Matthew Pennycook, Shadow Minister for Housing & Planning, observed last week[1], “As drafted, the Bill contains numerous loopholes that disreputable landlords can use to exploit tenants and jeopardise their security of tenure.”

The proposed Bill would be the most significant overhaul of the private rented sector in over 40 years. It includes provisions for a landlord database and portal, the establishment of a private rented sector Ombudsman, and restores tribunal reviews of private rents. The Bill proposes to provide a prescribed way for tenants to request a right to keep a pet which a landlord cannot then unreasonably refuse. This might seem like one of the more frivolous points, but there are more households in the UK (62%) with pets, than without, and this will be a welcome development for many.

The Bill has several parliamentary stages to go through and Labour will have ample opportunity to make calls for it to be strengthened. All of the proposals mentioned above will require substantial scrutiny, in particular the operation of the ‘Private Rented Sector Database’ and the Redress Scheme which are certainly worthy of dedicated future blog posts! However, the most significant headlines relate to security of tenure and grounds for possession and this is what I have focused on in this post. I have briefly set out what the Bill does (or enables to be done later by secondary legislation), what it doesn’t do, and what it could (and should) do better.

Possession grounds

So the flagship achievement of the Renters (Reform) Bill, if passed, would of course be the abolition of Section 21 notices. These are currently the most common way in which people become homeless in England. The Bill also simplifies the types of tenancies so that (nearly) all private tenancies will be periodic assured tenancies. It does this by abolishing fixed-term assured and assured shorthold tenancies. Although ‘periodic’ might actually sound like it offers less permanence, what really affects the security afforded by a tenancy is the reasons it can be ended by a landlord. These are known as possession grounds.

It is worth pointing out that abolishing Section 21 would not, as it is widely being reported, mark the end of ‘no fault’ evictions. There will still be grounds for possession which involve no ‘fault’ from a tenant such as a landlord wanting the property back for a family member to live in. It would however, be the end of ‘no reason’ evictions which, notwithstanding the notable loopholes discussed further below, represents a major landmark on the road to a private rented sector that can provide genuine stability for tenants.

Alternative grounds

The Bill preserves, alters and creates a whole raft of alternative possession grounds. Some proposed changes are subtle but their interpretation could prove significant. For example, amending the existing anti-social behaviour ground 14 to apply, not where something is ‘likely to’ cause nuisance or annoyance, as is the case currently, but where behaviour is simply ‘capable of’ doing so.
All of the remaining possession grounds need to be scrutinised carefully to ensure they can only be used for their intended purposes and when it is fair to do so. Here I have addressed the two which appear to be the most open to abuse by landlords in undermining the removal of Section 21s.

Grounds 1 & 1A ‘Landlord requires property’

These are two separate grounds which enable a landlord to recover possession of a rented property because they require it as accommodation for themselves or a close family member (there’s a list) or because they intend to sell. The inclusion of both of these grounds was inevitable but there are big problems with the proposed mechanisms.

The first problem is that the proposals in the Bill would simply require a landlord to demonstrate an ‘intention’ to use the property to live in or sell before they are able to gain possession. It does not stipulate what evidence should be used to demonstrate this. Once possession has been obtained on these grounds, a landlord is prohibited from re-letting the property for three months or could face a fine of up to £5000.

In Scotland, where ‘no reason’ evictions were abolished in 2017, a similar ground has been abused by landlords and research from last year[2] found that nearly one third of landlords who had obtained possession in order to sell the property had not actually done so within a year.

The second main problem is that these are mandatory grounds, which means that if the criteria are met, a judge hearing the case would have no discretion to consider the tenant’s circumstances and a possession order for the property would have to be made. So, for example, even if a tenant could prove that a landlord had relied on this ground to regain possession from multiple successive tenants at the same property, waited three months on each occasion, and then simply re-let the property, a judge would not have the power to decide ‘perhaps this is disingenuous’ and refuse possession.

So the first and most simple improvement which could be made to these grounds is to make them discretionary so that the courts can consider all the circumstances of a case before making an order. It would also be less open to abuse if there were greater up-front evidential requirements, *before* an order could be made. Otherwise we very much risk seeing the same misappropriation of such grounds, as in Scotland.

Grounds 8 & 8A ‘Rent arrears’

Currently, Ground 8 entitles landlords to a possession order if the tenant was in two months’ arrears when notice was served, and remains at two months’ arrears (or more) at the date of the Court hearing. This ground for possession is both modified and extended by the Bill.

The proposed amendment is that any amount of Universal Credit which is owed but not yet paid to a tenant, should be disregarded when calculating the level of rent arrears. This would be a welcome development, although it should be clarified whether those on legacy benefits and in receipt of Housing Benefit are intentionally excluded by this. This overturns the effect of a very disappointing Court of Appeal decision in 2004 that, even though a tenant was in arrears because of Housing Benefit delays, the Court should make a possession order and not adjourn.

Then there is the new mandatory rent arrears Ground 8A. This entitles a landlord to a possession order when a tenant has fallen into eight weeks’ arrears on three separate occasions during the previous three years. Although the same Universal Credit disregard applies, this new ground wouldn’t even allow for the order to be avoided by reducing the arrears by the day of a hearing, as the existing Ground 8 does. This, coupled with the fact that it is mandatory, makes Ground 8A particularly harsh.

Discretionary grounds do not prevent a Court from making a possession order, they simply allow it to consider the right outcome for both landlord and tenant in all the circumstances. Most importantly, discretionary grounds allow the Court to make suspended orders. These provide landlords with nearly all the reassurance of immediate possession, but if the tenant repays the arrears at an agreed rate, they keep their home and the landlord recovers the rent owed. Labour has called for the mandatory Ground 8 to be made discretionary in the past and hopefully these efforts will be resumed in respect of both of these grounds now.

Beyond the Bill

The substantive content of the Bill aside for one moment, there is the small question of how the protections afforded by it will actually be enforced. Councils are expected to do a huge amount of the enforcement legwork, yet local government has seen the biggest cuts of all the public sector over the past 13 years. The fact that Environmental Health budgets have been reduced by over 50% under the Tories limits their ability to use existing powers. For example, DLUHC research[3] from last year found that very few local authorities were utilising ‘Rent Repayment Orders’ (a potentially significant sanction for certain landlord offences), citing constraints on resources as a factor.

Enforcement by individuals through the justice system will also be significantly hampered if nothing is done about the huge backlogs many courts are facing, which last year reached an all-time high for civil cases[4]. Tenants in some areas will also face huge difficulty in accessing a lawyer for advice and representation. Sustained cuts to the level and scope of legal aid have resulted in only 41% of the population having access to a housing legal aid provider[5]. The effectiveness of the Bill will be significantly dampened without wholesale improvements to access to justice and Labour should ensure this point is made.

And finally, as Matthew Pennycook has been quick to point out, there are various other anticipated provisions which are entirely absent from the Bill. A legally-binding Decent Homes Standard for the private rented sector, a ban on landlords refusing to rent to those in receipt of benefits or with children (‘No DSS’ practices), and measures to strengthen councils’ enforcement powers have all been promised. Labour needs to ensure that, if these are not included in the Bill, the Government is kept to the task of bringing these measures in elsewhere and, ideally, in less time than honouring their Section 21 pledge has taken.

Jamie McGowan is a member of the Society of Labour Lawyers, works for a Labour MP, and is a Young Legal Aid Lawyers co-Chair. This blog was supported by contributions from other members of the SLL Housing & Levelling up Group.  

[1]https://twitter.com/mtpennycook/status/1659216248776036352?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet

[2]https://www.scottishhousingnews.com/articles/a-third-of-scottish-landlords-evicting-tenants-to-sell-up-fail-to-make-a-sale

[3] https://www.gov.uk/government/publications/local-authority-enforcement-in-the-private-rented-sector-headline-report/local-authority-enforcement-in-the-private-rented-sector-headline-report#use-of-enforcement-tools-and-powers-to-address-poor-standards-and-conditions-in-the-private-rented-sector

[4] https://www.lawgazette.co.uk/commentary-and-opinion/delays-in-our-civil-courts-have-now-reached-crisis-point/5113664.article

[5] https://www.lawgazette.co.uk/news/laa-fails-to-attract-sufficient-bids-for-housing-legal-aid-contracts/5115133.article

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Abolish or reform Right to Buy?

Image of block of council flats with balconies

At the Labour Housing Group AGM in February 2023, we debated whether the Right to Buy (RTB) for council tenants should be reformed or abolished. The majority of members supported reform. 

The mover of the motion to abolish RTB, Martin Wicks, wrote a blog criticising the outcome.

I proposed the amendment making the argument for reform, so feel I should reply. 

The Conservatives have been in power for 13 years and I think that a motion aimed to mandate the Labour leadership to adopt an unpopular policy is a mistake. The right wing press will attack us for being against homeownership, and working people aspiring to gain more financial security. In addition, we should not be seen to be telling 1.4m working class families who have bought their own home that they have done something wrong.

Due to the political risk there is little chance of the Labour leadership prioritising the abolition of RTB. However, there is a realistic chance of the leadership signing up for reform, especially if proposals reinforce their devolution agenda.  

I do not ‘oppose the campaign to end the Right to Buy’, as suggested by the title of Martin Wick’s blog. I support a campaign that involves talking with working class people, debating the issue and if possible winning the argument. We have to be aware of the charge that we are a largely middle-class party telling working class people what is best for them. 

A nationwide ban on RTB is a blunt instrument. The housing crisis is experienced differently in different areas. Whilst the case for stopping RTB is compelling in areas of high housing stress, there are other areas where social housing is less in demand and RTB has stabilised communities. Reform directed towards reducing the negative effects of aspects of RTB will be harder to vilify than a blanket ban. Reform has to be based on the principle that if the Labour leadership supports RTB, because it supports homeownership and giving some working class families greater financial security, it must be prepared to compensate those facing the negative consequences, families on the waiting list and council tenants living in homes that desperately need investment. 

In her conference speech, Lisa Nandy talked about council housing being a locally controlled and collectively owned asset. If a government requires this asset to be sold in order to meet wider policy objectives then it should step in to replenish it. This means a commitment to replace the homes sold and providing councils with the funding they need to maintain their housing stock. If it seems a big ask for a Labour government to prioritise spending public money on reforming RTB, the Chartered Institute of Housing estimates that the Treasury has made £47bn from RTB. A small fraction of this amount coming back to councils will make a massive difference. A way to reduce the public money required to compensate communities is to require homes to be sold much closer to their market value; the effect will be to reduce the discount.  

The principle of compensating communities for accommodating national priorities, such as infrastructure projects, new houses, industry and wind farms, is increasingly accepted.  

RTB represents a huge transfer of wealth to 1.4m working class people over a 43-year period – albeit that the transfer happened in a random way, with those living in the most popular council housing benefiting to the greatest extent. For the first time, some working class people had an asset that they could use to help their families when they hit a crisis. 

RTB allows working class people who want to own their own home to stay within their communities. Paul Watts in his book Regeneration and its Discontents[1] writes that  some working class people view RTB as strengthening for them and giving their children the ‘right to stay’ in their home. Council tenants have a secure tenancy, but the 2016 Housing and Planning Act demonstrated that this security could be taken away by a hostile government.

An issue to consider is differential financial outcome between council tenants who exercise the RTB and those that do not. Council tenants who have paid their rent for 40 years have effectively paid off the cost of building their home. However, when they die, they will leave no asset for their children. We could consider a cash bonus for long-term council tenants.

This Tory Government has been tightening succession rights, so adult children who have lived their whole lives in a council home are sometimes forced out when their parents, the tenants, die. We should certainly restore succession rights.

Resident activists have struggled heroically to maintain the liveability of their estates in face of funding cuts and Conservative Governments who believe that council housing should be the tenure of last resort for ‘needy’ families. Jane Jacobs, author of the seminal work the Death and Life of Great American Cities[2] understood that to bolster under-threat neighbourhoods you needed to encourage those earning a little bit more to stay within, rather than flee, their community. 

A policy solution could be to continue to allow existing tenants to be able purchase their homes. However, introduce a requirement that if they want to move out, or their children want to sell the property on their death, that the local authority should have the option to buy-back the property, with an appropriate allowance for the increased value of the property in the intervening years. 

The exception to the continued RTB for existing council tenants should be for those moving into new build properties. These homes are particularly precious and should not be lost at a discounted price. 

We need to confront the negative effects of RTB. It has resulted in the transfer out of local, democratic ownership of 1.4m homes, at a time of acute housing shortage. Whilst the focus on the housing crisis has been on urban areas, council housing is a precious resource in rural areas. Access to a council house is often the only way that families can stay in the area in which they grew up. In areas of high housing stress, the abolition of either RTB or the discount is entirely reasonable. The other alternative is for the government to fund the gap between the RTB sale and market value, so that councils can build replacement homes.

We also need to consider the effect on other council tenants of sales below the market value. When a property is sold the council loses the rental income. The RTB discount is £87,200 nationally and £116,200 in London. The sale price is based on a tenanted rather than vacant possession valuation. The valuation can be held for up to 18 months, which means that the benefit of house price inflation is lost to councils. Councils have to predict expected major works costs for five years after the initial sale and have to follow complex leasehold legislation. If they get either wrong, leaseholders cannot be recharged for works and tenants have to pick up the bill. 

A consequence of the underfunding of council housing is that when major works do happen the recharges to leaseholders are high. Many councils have schemes whereby tenants fund a three-year interest-free loan to leaseholders to help them pay their charges. When major works recharges have been particularly high, some councils have capped recharges to leaseholders, requiring tenants to cover the shortfall. Council tenants are required to cross-subsidise leaseholders more affluent than them. There is important research to be done on the total cost of selling homes at less than their market value and subsequent undercharging. It is a crude assumption, but if we assume that the combined cost of the under-valuation and under-charging is £50,000 per property, at today’s costs, on total of 1.4m sales the amount lost is £7bn. This amount could have made a significant difference to the upkeep of council homes, and probably saved Michael Grove from having to emote about the ‘deplorable condition of some council homes’.

The current Government has caught council housing in a perfect pincer movement. Whilst being responsible for underfunding maintenance it is offering to act as the tenants’ champion against their ‘incompetent landlords’.

Housing Associations have resisted the imposition of mandatory RTB because it would undermine their business plans, but no such consideration has been given to councils. 

Over the last 20 years, whilst the number of social rent homes has been declining, the private rented sector has been growing, to the extent that there are now more properties in the private rented sector. The consequence is that hundreds of thousands of people who need the security and affordability of social housing are now living in the unregulated private rented sector.  Lisa Nandy committed a Labour Government to reversing this trend in her Conference speech, with a pledge that there will be more social rent homes than those in the private rented sector by the end of the first term. For this to be achieved, in addition to new council house building, tens of thousands of homes need to be transferred from the private rented sector to councils and cooperatives. If left unchecked RTB is a powerful engine to frustrate this aspiration. Nationally, 40% of RTB properties are now in the private rented sector, with most London Councils reporting over 50%. An incoming Labour Government will need to legislate to include in the lease of future RTB sales a covenant prohibiting the renting out of the property. 

What is particularly unpopular with other estate residents is when ex-council properties end up with slum landlords, short-term lets or as AirBnB properties, all of which work against the efforts of resident representatives to sustain communities. 

With regard to RTB properties already rented out, covenants cannot be introduced retrospectively to stop this. However, the opportunity to buy properties back will arise. The majority of council housing is over 50 years old; an incoming Labour government will need to invest a substantial amount of money to make these homes liveable, safe, damp free and energy efficient. Leaseholders will need to contribute to these significant major works costs. For many buy-to-let landlords their asset will no longer be profitable and they will welcome the option of a sale back to the council. The Mayor of London, Sadiq Khan, has found that adding to the stock of social housing through buy-backs is often less expensive than building new homes. 

Whenever the state undervalues an asset and underfunds the administration of its disposal, it invites fraud and dishonesty. Companies and criminal gangs have preyed on vulnerable and cash-strapped tenants. In addition, families have funded aging relatives to exercise the RTB so that they can benefit financially when they die. An incoming Labour government should commit to funding a more robust vetting regime.  

LHG member Steve Hilditch reports that Westminster Council is forced to buy back RTB properties that it sold at a discount, at five times the original cost to help meet its obligations to people who are homeless. A Labour government committed to sound public finance should not allow this to continue. 

In this blog I have argued for the range of policy initiatives, such as halting RTB in high housing stress areas, reducing the discount, placing restrictive covenants on future RTB sales, central government compensation for lost council income and finance to replace and buy back homes. The effect will be to devolve decision-making powers and finance to local democratically elected representatives, reinforcing Labour’s devolution agenda. 

[1]  Paul Watts: Regeneration and its Discontents (2021)
[2]  Jane Jacobs: The Death and Life of Great American Cities (1961)

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What does the Queen’s Speech mean for housing?

Despite presenting a large volume of legislation, overall the policy proposals in the Queen’s Speech will do very little to address the underlying causes of our country’s housing crisis.  Labour Housing Group has long argued for systemic change in the supply of genuinely affordable housing (the planning system and housing finance), reform of the benefits system, and regulation of the private rented sector and is campaigning for housing to be set in legislation as a human right. 

The legislation proposed in the Queen’s Speech will not address the challenge of a desperate shortage of genuinely affordable homes, the poor quality and energy inefficiency of all housing stock or the growing problems of homelessness and temporary accommodation.  The legislative programme does not bring forward ideas for the failing social security system which is leaving families having to choose between heating and eating.  I have set out the outline of what is expected in each of the Bills and then highlighted what’s missing.

The Renters Reform Bill is expected to abolish ‘no-fault’ evictions by removing Section 21 of the Housing Act 1988.  We have heard this before and we must hold this Government to their promise to now deliver this.  The Bill also proposes to reform possession grounds for landlords – it is not clear what these will be or how the Bill will tackle the issues with administration of evictions.

The proposal for a legally binding Decent Homes Standard in the Private Rented Sector is certainly welcome but currently lacks detail for how this will be enforced, how the enforcement will be funded and how the works to ensure the Decent Homes Standard will be administered or paid for. Similarly, the introduction of a new Ombudsman for private landlords to resolve disputes could be a positive step forward but experience from the Housing Ombudsman, under-resourced and under-powered and struggling to keep up with the flow of escalated complaints from social landlords, suggests that unless this is properly funded this will create more uncertainty for renters.

The Social Housing Regulation Bill attempts to give more focus on consumer standards. With plans to enable the Regulator to intervene with landlords who are performing poorly on consumer issues there is hope for the many residents who struggle to secure a decent level of repair service from their landlord.  This is a u-turn from the Coalition Government’s abolition  of the Tenants Services Authority in 2010.  The impact of this Bill will only really be felt by tenants once the new powers and functions come through the Social Housing Regulator. Labour Housing Group will work with Labour MPs to make the case that the Social Housing Regulator is properly funded to deliver this expanded role. 

Enabling the Regulator to inspect landlords is encouraging – the tenants that I represent who receive a poor repairs service would welcome the chance to call for an inspection and to see the outcome of that inspection. This Bill still has gaps.  There is no stated role for Local Authorities or Local Councillors who are often the first to hear about the impact of poor consumer standards.

It is also silent on the role of local authorities with housing association disposals – local authorities have a responsibility to assess housing needs for their local areas and planning powers to secure affordable homes but there is no requirement for housing associations or the Social Housing Regulator to consult local authorities on the impact of disposals. Finally, this Bill is a missed opportunity to invest in tenant engagement including a requirement for tenants to be on Housing Association Boards or to have a say on local management decisions.

The Levelling Up and Regeneration Bill promises mostly administrative changes to monitoring levelling up, alongside tinkering at the edges of the planning system. Anyone committed to seeing more affordable homes built will despair at the lack of ambition from this Bill. The idea of organising votes on a street by street basis to determine planning applications will just bring in unnecessary bureaucracy to an under-resourced planning system.

The focus should have been on supporting clear policies which prioritise affordable homes and high-quality design standards.  We await the detail on how the Bill will support local authorities to bring empty premises back into use and support the high street – currently local authorities have broad powers to support regeneration and so it’s difficult to see what more will be added which would have a meaningful impact.

It is positive that the Energy Security Bill proposes to appoint Ofgem as the new regulator for heat networks. I represent residents in new build homes who have no control over their energy prices and no powers to demand transparency over costs or choice of provider.  The appointment should go further and provide clear local involvement for consumers so that they have a say in their energy provider. There is a huge gap in making plans to insulate and retrofit existing homes so that they are more energy efficient.  Only a street by street, block by block programme, with sustained investment from national Government will secure the reduction in energy use that is needed to get to Net Zero.

It’s clear what’s missing from this legislative programme.  The Government has failed to address the issue of short term lets, which is eroding the availability of affordable homes across the country, particularly in London and areas with a growing tourist economy.  The Government’s failure to really grasp this issue and tackle the impact on housing supply and on communities lets down both homeless families and those hoping to join the housing ladder. 

It is unsustainable for short term lets platforms to continue operating in central London without further regulation.  There is a gap where there should be a long term commitment to investment in genuinely affordable council and social housing.  This should be delivered through Government co-ordination of major new housing schemes alongside a sustained funding stream.

Going forward, Labour Housing Group will work with the Labour front bench and Labour MPs to make the case for the strongest possible action within these Bills to address the housing crisis.

<strong>Rachel Blake</strong>
Rachel Blake

Rachel is a Labour and Co-operative Party Councillor in Bow East and is Vice-Chair of the Labour Housing Group.

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Housing is a human right: how Labour can make it a reality

For anyone looking at whether housing should be considered to be a human right, a blinding light shines on the obviousness of the question. If housing is not a fundamental right, then what is the point of human rights campaigns?

A new publication jointly produced by Labour Housing Group and the Labour Campaign for Human Rights brings together a number of voices showing how this fundamental change could transform people’s lives. At a time of severe housing pressure in this country, fully implementing the UN’s right to adequate housing makes absolute sense.

The publication follows the adoption of the call for housing as a human right into UK laws by the Labour Party at its Annual Conference 2021.

A number of major Labour figures have called on the right to housing to be recognised and treated as a human right. In his leadership campaign, Keir Starmer said “We have to start treating housing as a fundamental human right”. Others including Andy Burnham have stated their support to the principle, and at Labour’s Annual Conference in 2021, the then Shadow Secretary of State for Housing, Lucy Powell, also spoke powerfully about housing as a human right being “at the heart of our New Settlement”.

What may now be different is that the Labour Party could be poised to go beyond just using the rhetoric of human rights, and instead use it as basis to orient our future housing policies and ensure that everyone, everywhere, can access a safe, decent and affordable home.

But what does this really mean, and why is it so exciting?

First, taking a human rights approach to housing starts by recognising that homelessness, unaffordable rents and unsafe housing are not just social ills, but serious human rights violations impacting millions of people. The flip side of this is to recognise that housing policy is not just about choices a government may or may not make, but about obligations they must fulfil. Legitimate political debate then begins to focus on how to end homelessness, not whether to do so.

Second, a human right to housing provides a framework in which progressive policy can de designed. According to international treaties ratified by the UK – and hopefully in the future incorporated into domestic law – governments must outline how they are acting to ensure housing is available, affordable, safe, decent and provides security of tenure. They must ensure this for everyone, and must take proactive measures to ensure equal provision for groups who may otherwise face discrimination or experience inequalities, whether they be women, minorities or people from Gypsy, Roma and Traveller communities, or face extra difficulties because of disabilities. Ambitious concrete policies will be needed to achieve all of these things, from mass council house building and abolition of Section 21 evictions, to ending the cladding scandal, getting rid of discriminatory “right to rent” checks, and providing adequate traveller sites.

Third, a human right to housing should ensure that change is not just driven from the top, but also by empowering residents, tenants and leaseholders to drive change from below. In part this means providing ways in which people can be meaningfully involved in developing policies and also have their complaints heard. One of the many human rights violated in the run up to the Grenfell fire was residents’ right to be heard, with safety complaints dismissed with fatal results. It also means identifying ways in which people can hold authorities accountable for their actions, and seek remedy when rights have been violated. In many cases this may mean effective complaints mechanisms, backed by clear information and support to individuals, in others it may mean recourse to courts with the support of adequate legal aid.

 “Housing is a human right: how Labour can make it a reality” sets out the agenda for tackling the implementation of the right into English law, recognising that there is already a move to do so in both Wales and Scotland, and following the examples from elsewhere in the world. Experts including academics, a former UN special rapporteur on the right to adequate housing, and specialist housing lawyers focus on what the right would mean, how it has been adopted elsewhere in the world, and how it could be enforced.

Labour politicians from around the country have looked at how to guarantee the right to an affordable rent, already being worked on in London and Scotland, to good conditions for all tenants, and to access to a home.

Examples from elsewhere in the world show how progress has been made towards implementing the intention set out in Article 25 of the 1948 Universal Declaration of Human Rights, and in Article 11 of the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) for housing to be included as a right for all nations. As Leilani Farha, former special rapporteur on the right to adequate housing has illustrated, enshrining the right in the laws of any country is not simple or speedy. Canada’s National Housing Strategy (2017) committed the state to progressively implementing the right of every Canadian to access adequate housing. A feasibility study recently published in Wales concludes that the UN expects governments to make progress toward the “fullest possible realisation of the right through the application of resources as they become available”.

So the question about whether we can afford to give our citizens this right – a question that comes up pretty soon in any conversation about this issue – can be answered: once we start to make financial decisions based on this right, then we will find that we can not only afford to do it, but it also makes economic sense to do it. And as the Canada Government has found, implementing this right influences a whole raft of other decisions, financial and otherwise.

The UN’s declaration sets out the principle that this should be seen as the right to live somewhere in security, peace and dignity, one that the war in Ukraine has highlighted only too painfully in recent weeks.

By recognising that housing is a human right, and committing to incorporate the right to adequate housing into UK law, the Labour Party has taken an important step in framing a progressive and transformative housing policy. There is much more work to do, but together we can do it. It is to be hoped that many others will join with Labour Housing Group and the Labour Campaign for Human Rights to work on how this right can be achieved here in our country.

This article was co-authored by the Labour Campaign for Human Rights and the Labour Housing Group.

<strong>Sheila Spencer</strong>
Sheila Spencer

Sheila is the Secretary for the Labour Housing Group and was one of several authors involved with the contribution.

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Not just in November

Remembrance Day gives us pause to reflect on the contributions made by those who have served or currently serve in our armed forces. It is more than anything, an opportunity to remember those who sacrificed everything for our freedom.

It is important we also think about how we, as a country, want to support our veterans not just in November, but all year round.

The Coronavirus pandemic has shown that our armed forces keep us safe in so many more ways than we can even imagine. It was the armed forces that were deployed to test people at the start of the crisis and who ensured that vital supply chains kept running.  Even more recently, the army will be drafted in to help support with deliveries during the fuel crisis.

Given how each of us benefits from the safety our armed forces community provides, it should be seen as a responsibility and a duty of all of us to support the armed forces in any way that we can.

In the UK today, there are around 320,000 people without a home. Of those without a home, the Royal British Legion claim that 6,000 are men and women who served this country as a member of our armed forces.

Earlier this year, we hosted a fringe event at Labour Party Conference with SME4Labour on how we can tackle homelessness amongst veterans. At that event, the Labour Housing Group highlighted that the pandemic has shown us exactly what is wrong with our housing market.

At the same event, Sarah Church, former armed forces personnel, spoke about how many veterans feel a shock to the system when leaving the army after serving for decades. What is needed, she said, is support to help with the military to civilian transition. It is because of this that Community is committed to campaigning year-round to support our armed forces.

As part of our campaigning, Community has ran, walked and cycled to raise money for a local charity to help end veteran homelessness and between us we raised over £6,000.

We have created a bespoke learning and training offer for veterans and have been setting up bespoke learning plans, and our members up and down the country have been collecting warm winter clothes, toiletries and other necessities to support veterans. We offer skills courses such as CV writing exclusively to veterans, to support them in the military/civilian transition and equip them with skills needed for everyday life.

Earlier this year, Community resigned the Armed Forces Covenant to reaffirm our commitment to the armed forces community.

We want to ensure that those members of the armed forces community who are currently employed by us or will be in the future have the conditions and working environment that suits their needs and their service.

Another one of our renewed commitments is to encourage those employers where Community is the recognised union to also take the step to sign the Armed Forces Covenant.

As a first proactive step to standing true to that commitment, we have written to every employer we have a good relationship with and asked them to sign up to the Armed Forces Covenant.

Community also intend, as part of our campaign to end veteran homelessness, to continue to work alongside the armed forces to secure better protections and extended rights for those currently serving or who have served.

As part of a broad coalition of organisations and individuals working together, we will ensure that no one who has served our country ends up on our streets, and instead is offered safety and protection and for those who want it – good quality, highly skilled employment and the safety net that provides in every aspect of life.

Community will be continuing to work with a wide range of organisations and will make supporting our veterans part of the core of our campaigning work. We pledge to support our veterans, not just in November, but all year round.

<strong><span class="has-inline-color has-accent-color">Melantha Chittenden</span></strong>
Melantha Chittenden

Head of Communications and Media at Community Union.

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Council housing is the missing solution to the housing crisis

LHG’s new report on council homebuilding – called ‘The Missing Solution’ – is launched at Labour Party Conference today.

As a country we have not built anything like enough new homes since Thatcher virtually ended council housebuilding in the early 1980s. The other sectors – private sector and housing associations – have been left to shoulder the burden but have never got close to bridging the gap.

Despite its faults, council homebuilding is a proven model, it is tried and tested, and it works. Grant is put in at the start to make it viable to build and to meet infrastructure costs, but no subsidy is needed thereafter – subsidising investment rather than consumption is the best use of resources. Because rents are much lower than market-related homes, large savings in housing benefit are made over the lifetime of the homes. And huge savings will be made in other services like health and education because so many more people will live in high quality, affordable and suitable homes. It’s a great investment in bricks and mortar that will eventually pay for itself – and contribute hugely to mitigating climate change.  

After a decade in which the government virtually ended support for new homes at council rents, there has been a spirited fight back in defence of council homebuilding. Councils are doing as much as they can to get building again, but they need a better partner in government. Councils must have the confidence to plan, better powers and resources to buy land and regenerate sites, more support from government to manage the risks inherent in a growing programme, and support generally to build the capacity needed to run a large programme. The responsibility is on government to provide sufficient grant and to reform land and planning to make the job doable.

If this government doesn’t act, Labour needs to think through now what is needed to hit the ground running when re-elected into government. There will be no time to lose.

The report makes a big start on this task. Written by a range of political figures who have recent experience of building council homes around the country and a range of experts who have worked in the field for many years, it considers the gamut of financial, governance and organisational issues that have to be tackled, with lots of local examples of successes and challenges.

Lucy Powell’s speech to Conference this afternoon and the excellent composite resolution moved by Labour Housing Group Chair John Cotton, followed by the launch of the report, are a good start. As John said, the aim of all this work is to make a reality of Labour’s commitment to build 150,000 social rent homes a year including 100,000 council homes by the end of a Parliament. Detailed work and a comprehensive plan are needed to make this ambition a reality. We hope the report will help us in these tasks. 

The report is available here: https://labourhousing.org/wp-content/uploads/2021/09/Missing_Solution_Online_20-09-21.pdf

And the Executive Summary is available here

https://labourhousing.org/wp-content/uploads/2021/09/Missing_Solution_Executive_Summary.pdf

THE MISSING SOLUTION: COUNCIL HOMEBUILDING FOR THE 21ST CENTURY

Is edited by Rachel Blake, Nick Bragger, Steve Hilditch and Sheila Spencer, with additional editing and design by Simon Hilditch, and contributions from Rachel Blake, Steve Cox, Aileen Evans, Paul Hackett, Steve Hilditch, Jenny Hill, Alison Inman, Satvir Kaur, Janice Morphet, James Murray, Julia Park, Steve Partridge, Jerry Swain, Sharon Thompson, Mike Todd-Jones, Ed Turner and Martin Wheatley.

<strong>Steve Hilditch</strong>
Steve Hilditch

Editor and Founder of Red Brick blog.
Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone.

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LONDON ELECTION NEWS ‘Fair Deal for London Housing’ campaign now on FB and Twitter!

London Labour Housing Group’s ‘Fair Deal for London Housing’ campaign is getting under way with the launch of a new Facebook Group and a new Twitter feed.
The Fair Deal for London Housing Facebook Group aims to connect people with an interest in progressive housing policies for London who are also interested in campaigning for change.
The Twitter feed @FairDealLdnHsg aims to provide a flow of information and ideas to support housing campaigns in London.
London Labour Housing Group strongly supports Ken Livingstone’s campaign to become Mayor and Labour’s candidates for the London Assembly.   LLHG has helped develop houisng policies for the campaign and welcomes Ken’s early announcements on planning for London housing, the campaign for a London Living Rent, and plans for a London-wide not-for-profit lettings agency.
More information on Ken’s policies and housing campaigning in London can be found as follows:
On the web:
Ken Livingstone’s website: http://www.kenlivingstone.com/
Labour Housing Group webpage: http://www.labourhousing.co.uk/
Labour London spokesperson on housing Nicky Gavron: http://nickygavron.wordpress.com/
Red Brick blog: http://redbrickblog.wordpress.com/
On Facebook
Ken Livingstone http://www.facebook.com/ken4london
Labour Housing Group http://www.facebook.com/#!/pages/Labour-Housing-Group/247469867388
London LHG Fair Deal for London Housing http://www.facebook.com/#!/groups/FairDealforLondonHousing/
On Twitter:
Ken Livingstone @ken4london
Labour Housing Group @LabourHousing
London Labour Housing Group @FairDealLdnHsg
Red Brick Twitterers: @SteveHilditch  @tonyclements1
Other Labour Housing Group Twitterers @RossSHouston @Scarletstand @JackDromeyMP

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Musical tenancies

Labour Housing Group Executive member Graham Martin moved the housing resolution passed unanimously yesterday at Labour Conference in Liverpool.
The resolution notes the growing housing crisis that will be created by the Government’s policies, falling housing starts, huge cuts to the social housebuilding programme, a jump in homelessness, and the rising costs of housing benefit caused by increased dependence on the private rented sector and escalating rents.
Specifically it calls for a shift in financing of private landlords away from buying existing homes, causing unfair competition with first time buyers, towards investment in new properties which would add to the stock and boost growth.
It welcomes the initiative by Ed Miliband and Ed Balls to extend the tax on bankers’ bonuses to invest in new affordable homes. It calls for the defence of the rights of social tenants and the delivery of more social housing to be campaigning priorities for Labour in opposition.
In his speech, Graham warned that the Government’s policies run the risk of triggering ‘an
avalanche of mortgage repossessions’.  In reference to private renting, he said ‘It is like the game musical chairs but now it is musical tenancies and as your private sector tenancy comes to an end you have to go and move. And as you play musical tenancies, your child has to play musical schools and musical doctors…. And if you are unlucky enough to need housing benefit to help pay the rent, hey presto this government has taken half the empty homes away. And now this government thinks it is such a good idea they are trying to bring in musical tenancies for council and housing association tenants.’
‘Our children need stable homes, strong communities need stable homes, and what is going on is a way to break communities.’

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LP Conference: housing policy comes centre stage on Thursday

As we have reported on Red Brick already, housing has been a big theme at this year’s Labour Party Conference.  Much of the discussion has been good and positive – although unfortunately not all.  The housing debate will come to the main Conference on Thursday morning.  There will be a debate around a ‘composite’ housing motion (ie assembled into one from a number of motions submitted by Labour Party organisations) and it is likely to be moved by Graham Martin from the Labour Housing Group Executive.  There will also be a speech from Caroline Flint.
The debate should be carried live on the BBC Parliamentary Channel (which I much prefer to the BBC2 coverage, where speakers are constantly interrupted by presenters and
commentators who seem to think they are the attraction).
Anyway, to help Red Brick readers follow the debate, below is the composite motion that
will be debated (NB it may be subject to a little grammatical tidying up before Thursday).
I think it is a motion we can all support.
Composite 4 – Housing
Conference notes with alarm the independently-commissioned forecast of the National  Housing Federation (30th August 2011) that the housing market will be plunged into a unprecedented crisis as steep rises in the private rental sector, huge social housing waiting lists, and a house price boom are fuelled by a chronic under-supply of homes.
Conference notes the publication of national house building statistics on 18 August,
showing falling housing starts and completions, and the Home Builders Federation’s ‘Housing Pipeline’ report on 26 August showing that planning permissions for new housing are also falling, the sharp fall in house building to just 23,400 homes last quarter, the 18% jump in homelessness over 12 months and the £1.3 billion pa rise in Housing Benefit payments. In the last five years of Labour Government over 250,000 new affordable homes were delivered in England, while the Tory-led government is aiming to deliver just 150,000 by 2015.
In 2010/11 just 105,000 homes were built in England – the lowest level since the 1920s. These figures are an indictment of the Government which is blind to its inevitable
consequences – increased homelessness and joblessness, rising market rents, and the inability of young and middle aged households the opportunity to either buy or rent a decent home.
Conference believes that by failing to deliver the new affordable housing to buy and to
rent that young people and families need, the Tory-led Government is holding back the aspirations of people up and down the country and failing those in need of social housing.
Conference believes the Government’s plans to abolish secure tenancies, and put social tenants at risk of eviction should they get a promotion or a pay rise will create fear and uncertainty and will create a disincentive to work.
Conference believes that with nearly 2 million households (around 4.5 million people)
nationally on council housing waiting lists and the Tory/Lib Dem government threatening security of tenure, the Government is letting down young people and families who need new affordable homes in the rented sector and in the sales market urgently.
Given the huge increase in housing benefit going to fund private landlords, we also call for a shift of financing of private sector landlord investment away from purchasing existing second hand homes (in competition with first time buyers), and towards investment in New Properties. This will result in an increase in quality supply, and better opportunities for younger and middle aged families to purchase a home.
Conference strongly believes that Labour should be on the side of all those in need of decent affordable housing, whatever their circumstances.  Conference firmly believes that the development of new housing not only meets the needs of our community but is crucial if we are to see the construction sector as a leading player in bringing strong growth back to our economy.
Conference supports measures to tackle the fraudulent sub-letting of social housing, which
deprives many in genuine need of affordable housing, and notes that in Government Labour launched a national crack down on this type of fraud.
Conference welcomes Labour’s initiative to introduce a new tax on bankers’ bonuses to
raise enough money to boost affordable housing supply.
Conference urges the Labour Party to call for a programme of investment in quality new
homes, which will provide employment, generate tax income, reduce homelessness and the cost of emergency accommodation, and reduce expenditure on unemployment and housing benefits.
Conference calls upon Labour’s Shadow Cabinet and the wider Party to make an increase in quality, sustainable, affordable housing supply including social housing and housing for first time buyers, and better opportunities for younger and middle aged families to purchase a home, key themes in policy development, and to prioritise in its housing policy review an allocations policy that is fair to everyone.
Conference resolves that defending the rights of social tenants and the delivery of more
social housing must be campaigning priorities for Labour in opposition.

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Labour Housing Group events in September

There are 2 big events for LHG in September.
London Labour Housing Group
LLHG will hold its first AGM on Monday 12 September at the House of Commons.  The guest speaker will be Jon Cruddas MP who will lead a discussion on London housing policy for the mayoral election and the Labour Party’s national housing policy review.
The meeting is open to members of LHG living in London.  Labour Party members can sign up to join LHG at any time, including on the night.  For membership information, go to: http://www.labourhousing.co.uk/join-lhg
We need to know numbers in advance so if you are interested in coming, please email Steve Hilditch at [email protected]
LHG at Labour Party Conference.
For those attending Labour Conference in Liverpool, below is the information for LHG’s fringe meeting.

Labour Party Conference 2011 Fringe Meeting

Labour Housing Group with SERA and the Co-op Party

Homes  For The Future – reviewing possibilities
for Labour’s housing policy

Sunday 25th September 2011 –– 6.00pm – 8.00pm

Riverside Balcony, ACC BT Convention Centre

Chair Jacky Peacock OBE, Vice Chair LHG

Speakers:
Alison Seabeck MP, Shadow Housing Minister

Leonie Cooper, SERA

Huw Lewis, Welsh
Labour Minister for Housing

Admission is FREE and REFRESHMENTS are provided