Making better use Making better use of existing of existing housing stock housing stock housing law services Tim Crook
Making better use of existing housing stock housing law services Tim Crook.
Dec 17, 2015
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Making better use of Making better use of existing housing stockexisting housing stock
housinglaw
services
Tim Crook
Problems?Problems?
Waiting Lists – 1.8 millionOver-crowding – 258,000Under-occupation – 428,000Reduced Mobility
housinglaw
services
Solution?Solution?
The Localism Bill
housinglaw
services
Tenure ReformTenure Reform
housinglaw
services
Tenure ReformTenure Reform
Fixed Term Tenancies for new Tenants2/3 Social Landlords plan to useUse will vary: (1) limited, (2) pilot, (3)
targeted, and (4) lock-stock
housinglaw
services
Tenure ReformTenure ReformNew Tenancy StandardIncreased FreedomPrinciples rather than PrescriptionTenancies must be compatible with: (1)
housing purpose, (2) household needs, (3) community sustainability, and (4) efficient use of stock
housinglaw
services
Tenure ReformTenure Reform
housinglaw
services
The Key?
Tenancy PolicyTenancy Policy
Publish and maintain clear and accessible Tenancy Policy
housinglaw
services
Tenancy PolicyTenancy Policy
housinglaw
services
Types of Tenancies availableLength of any Fixed TermCircumstances for granting certain
tenancy types and reissuingAppeal routesProvisions for vulnerable groupsAdvice and assistance
TerminationTermination
During the term – normal procedureEnd of term – Automatic and
Unqualified: subject to Policy‘Minded To’ Notices – at least 6
months before the end: include reasons and review options
housinglaw
services
Like a walk in the park...Like a walk in the park...
housinglaw
services
Mandatory ManaclesMandatory Manacles
housinglaw
services
Mandatory ManaclesMandatory Manacles
L&Q v WeaverKay v UKManchester CC v PinnockBirmingham CC v Frisby
housinglaw
services
Mandatory ManaclesMandatory Manacles
housinglaw
services
Mandatory ManaclesMandatory Manacles
Presumption of legitimacyTenant to raise ProportionalityNo need for breach to impact on 3rd
partyNo need for Landlord to establish
complaintsRare case where a Tenant will succeed
housinglaw
services
Tenancy Fraud and Unlawful Tenancy Fraud and Unlawful Sub-lettingSub-letting
1 – 5% of stock affected50,000 properties£75,000 per property£3 ¾ billion
housinglaw
services
PreventionPrevention
Sign-upPhotographs – Data ProtectionITSettling-in VisitsRaising Public AwarenessEncouraging ReportingTenancy Audits housing
lawservices
EnforcementEnforcement
Criminal Sanction – not yetCivil Sanction‘only or principal home’Notices
housinglaw
services
EnforcementEnforcement
Possession ProceedingsPlead ‘in the alternative’Surrender
housinglaw
services
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