Right to Buy Update !

Update on Right to Buy – Circular 34/2006

Para.11 of Schedule 5 of the Housing Act 1985 states that the Right to Buy does not arise if a property is particularly suitable for occupation by elderly persons and had been let for occupation by a person who was aged 60 or more.

The introduction of the Leasehold Reform, Housing and Urban Development Act1993 (Sec 106) empowered landlords to refuse the right to by in respect of Para 11 above and also made provisions for tenants to appeal to the Secretary of State within 56 days who would then make a determination on whether Para 11. applies.

Guidance was issued in Oct 1993 concerning how the Secretary of State would deal with these applications. Guidance was also issued to landlords at the same time.

When the National Assembly was established in 1999 the functions of the Secretary of State were transferred over. The National Assembly of Wales proposed changes in 2004, this revised circular now reflects those responses and revises aspects of the initial guidance in respect of:

• The procedure for dealing with appeals from tenants under paragraph 11 of Schedule 5 of the Housing Act 1985
• and what the National Assembly for Wales will expect from landlords when determining whether a property has been correctly excluded for the RTB under paragraph 11.

A link to the new guidance and procedures can be downloaded at http://new.wales.gov.uk/publications/circular/circulars2006/NAFWC34-06?lang=en

Proposals to develop a 'Disadvantaged Groups Development Fund' welcomed

Disadvantaged Groups Development Fund: The Welsh Assembly Government is consulting on the development of a ‘Disadvantaged Groups Development Fund (DGDF)’ closing dates for consultation is 31^st October 2006. Contact John.duggan@wales.gsi.gov.uk Tel 02920 825275. The proposal is to introduce a DGDF with two levels of funding:

• Level one: local level funding £500 one-off funds such as a community newsletter and up to £2,000 at a regional level for one-off funds for regional activity such as a website.
• Level two: is being proposed to make available funds of up to £25,000 for development work. The purpose is to build strength in community governance and financial systems.

The WTF supports the programme providing there is a clear definition of the term ‘disadvantage’ in the context of the fund. We would also like to see links made to the TEG fund as a staircase to deliver some of the action plans as an outcome of the TEG process, although not exclusively so. The WTF are compiling a comprehensive response. We would be interested in receiving your views to complement ours. For further information contact Steve steve@welshtenantsfed.org.uk

New Resident Particiaption Strategy

National Resident Participation Policy - The Welsh Assembly is due to publish its Resident Participation Strategy (RPS) on the 18^th September 2006. The RPS has been developed with Priority Estates Project (PEP) who have been commissioned to co-ordinate the work supported by a WAG managed task group. The consultation period is due to commence on the 18^th September through to 8^th Dec with implementation likely to commence in the new year. Members and interested organisations need time to discuss the guidance with representative bodies so early planning is recommended.

If you don’t receive a copy of the draft and guidance please contact the Welsh Assembly Government Mike Simons, Housing Projects & Co-ordination Team, (tel 02920825282) or email housing-projectsandco-ordinationteam@wales.gsi.gov.uk the document will also appear on the Welsh Assembly web site www.wales.gov.uk/consultation or www.cymru.gov.uk/ymgynghoriadau. Members and supporters interested in obtaining or sharing their views can contact Steve 01685 723922 or email steve@welshtenantsfed.org.uk for a summary of the key issues we will be raising.

Respect Agenda

Respect agenda The WTF have supported and promoted the ‘Respect agenda in Wales’ with the message ‘Prevention, early intervention and protection’

We have also raised the issue about the hidden mental health problems that may exist in communities that experience ASB tendencies. Hence our approach has been to promote prevention through educating and learning, early intervention to prevent escalation, and protection for vulnerable tenants both victims and perpetrators. While the need for sanctions are necessary, we also need to develop our learning and understanding to better address the underlining causes.

Some time ago we reported on the introduction of a respect standard for housing management being developed by the Office of the Deputy Prime Minister now Department for Communities & Local Government. A guide for landlords has now been published and is available at the following link.

http://www.communities.gov.uk/pub/292/ARespectStandardforHousingManagement_id1165292.pdf

The Respect agenda aims to ensure that local agencies tackle unacceptable behaviour and its causes to improve quality of life for residents – particularly those in the most disadvantaged communities. The Government’s proposals to deliver on the Respect drive were set out in the Respect Action Plan. More details are available at http://www.respect.gov.uk/ The Respect Standard for Housing Management forms part of this drive and is aimed at social landlords. It is a voluntary Standard which the Government wants as many landlords as possible to sign. Copies of the standard can be obtained by following the link:

http://www.communities.gov.uk/pub/292/ARespectStandardforHousingManagement_id1165292.pdf

The respect standard uses 6 key themes:

Accountability, leadership, and commitment

• Landlords need to make a visible commitment to the community so that everyone is clear they take issues of anti-social behaviour and Respect seriously and will deliver what they say they will.

Empowering and reassuring residents

• Landlords and the community need to work as one through involving residents and giving them input into decision making. Engagement and effective communications act to reassure and empower communities

Prevention and early intervention

• Landlords can play a key role in preventing anti-social behaviour from occurring. Where it does occur if problems are addressed quickly this often gets the best results.

Tailored services for residents and provision of support for victims and witnesses

• Success rests on people being prepared to report and then give support to agencies in taking action. Every case and every person deserves a robust, tailored and sensitive response.

Protecting Communities through swift enforcement

• Government has provided landlords with the tools they need to tackle a whole range of anti-social behaviour. Landlords need to understand how tools work and be prepared to use them quickly to protect communities.

Support to tackle the causes of anti-social behaviour

• Provision of support can put an end to unacceptable behaviour by tackling underlying causes. This leads to sustainable outcomes and gets people’s lives back on track.
• The Government will be encouraging residents to get engaged and hold their landlord to account. The Audit Commission, (Wales Audit Office) who carry out inspections of landlords, are also looking to strengthen their guidelines to landlords on what they expect a good landlord to be achieving in tackling anti-social behaviour. This will reflect the content of the Standard.

Landlords are encouraged to sign up to the standard to demonstrate their commitment to the principles of early intervention and prevention.

Please contact steve@welshtenantsfed.org.uk or peter@welshtenantsfed.org.uk

Resident Participation Strategy - Seminars

Resident Participation Strategy Consultation Seminars (Wales)
The Resident Participation Strategy [RPS] consultation document and guidance is almost finalised and will be published shortly by the Welsh Assembly Government. The strategy is the culmination of many months of work by PEP and the advisory group set up to consider a revised participation strategy for Wales.

PEP who are assisting the WAG in drafting the strategy and guidance are putting on two consultation events on the:

- 11th September 2006, at the Grand Hotel, Swansea
- 15th September, at the Celtic Royal Hotel, Caernavon.

Anyone wishing to attend the events should contact Robert Webb on 077306-24358 email: Robert.w@pep.org.uk or Gwyneth Orford on 077306-24397 email Gwyneth.o@pep.org.uk

The Welsh tenants Federation would be pleased to support representatives from regional committees to attend the events subject to regional committee support. Please contact Steve Clarke at steve@welshtenantsfed.org.uk or telephone 01685 723922.

Copies of the consultation document and guidance will be made available to regional committees for discussion when they are published. Please register your interests in obtaining a copy with Sharon Dean at the above number or email Sharon: Sharon@welshtenantsfed.org.uk