A reshuffle that beggars belief
Posted: November 14, 2023 Filed under: Leasehold, Private renting | Tags: DLUHC, Rachel Maclean Leave a commentOriginally written as a column for Inside Housing.
History repeats itself, first as tragedy, second as farce.
I’m not sure what Karl Marx would have made of the sixth housing minister in two years and the 16th in 13 years but it seems safe to say he would have run out of comparisons long ago.
The sacking of Rachel Maclean on Monday beggars belief not so much in itself – after nine months she was a relative veteran in the role – but in its timing.
Because the Department for Levelling Up, Housing and Communities (DLUHC) has not just one but two important pieces of legislation on its immediate agenda.
As she tweeted herself, she was due to start piloting the first of these, the Renters (Reform) Bill, through its committee stage in the House of Commons today (Tuesday).
The Bill delivers on the 2019 Conservative manifesto pledge of scrapping Section 21 and represents a delicate balancing act between the interests of landlords and tenants.
You might have thought, then, that it would benefit from a minister who knows her brief and is sufficiently across the detail to debate it with the opposition, both on the Labour side and among her own backbenchers. You might – but not Rishi Sunak.
Read the rest of this entry »A King’s Speech fit for a government running out of time
Posted: November 7, 2023 Filed under: Energy efficiency, Housebuilding, Leasehold, Private renting, Rough sleeping Leave a commentOriginally written as a column for Inside Housing.
The good news is that the King’s Speech does promise a Leasehold and Freehold Bill. The less good is that this is not yet the end, and maybe not the beginning of the end either, for the tenure that Michael Gove described as ‘indefensible in the 21st century’.
As first reported by the Sunday Times last month, leasehold reform will be part of the legislative programme for the next parliamentary session, confounding fears that it would be left in the pending tray until the next election.
But it will still be a race against time to get a complex piece of legislation through parliament in little over a year and its most far-reaching proposal is only a consultation for now.
The other major housing measure in the speech is confirmation that the government will continue with the Renters (Reform) Bill and abolition of Section 21 after introducing them in the last session.
There was no mention in the speech or the background documents of criminalising tents, despite home secretary Suella Braverman’s controversial comments about rough sleeping being a ‘lifestyle choice’.
Something like it could yet appear in the Criminal Justice Bill as the government looks to replace the Vagrancy Act but for the moment it looks as though the leak over the weekend was designed to kill the idea.
More surprisingly, neither the speech nor the background briefing document mention rules on nutrient neutrality that the government claims are blocking 100,000 new homes. An attempt to do this in the Levelling Up Act foundered in the House of Lords but ministers had vowed they would try again as soon as possible.
There is also a glaring contradiction between comments about the importance of energy efficiency in homes in the briefing on the Offshore Petroleum Licensing Bill and boasts about measures to support landlords by scrapping the requirement to bring their properties up to EPC C in the background to the Renters (Reform) Bill.
Read the rest of this entry »Housing confined to the fringes at Conservative conference
Posted: October 5, 2023 Filed under: Housebuilding, Leasehold, Private renting | Tags: Conservatives Leave a commentOriginally written as a column for Inside Housing.
It’s hard to know quite what to make of a Conservative conference at which housing was – quite literally – a fringe issue.
The only mention of housing in the prime minister’s speech was a reference to ‘thousands of homes for the next generation of home owners’ that will be built at the new Euston terminus of HS2.
Thousands of homes were already going to be built under the existing plan but that is now set to be ramped up under a Euston Development Corporation that seems all about maximising developer contributions from luxury flats rather than meeting local housing need.
Even levelling up secretary Michael Gove had little fresh to say about the H part of his portfolio from the main stage and made no reference to plans for renter and leasehold reform.
Read the rest of this entry »The long wait for meaningful reform of leasehold
Posted: May 29, 2023 Filed under: Leasehold, Legal | Tags: Michael Gove Leave a commentOriginally written as a column for Inside Housing.
Churchill was in no doubt that leasehold needs fundamental reform.
‘Who was more likely to be a contented citizen, the man who was a freeholder and who was in his property, or the man who was at the mercy of a colossal landowner?’ he asked in a Commons debate.
It says everything about the snail’s pace of progress on leasehold reform that the speaker was not Winston Churchill, the wartime leader and Conservative prime minister in the 1950s, nor even the more youthful Winston Churchill who was a radical land reformer as a Liberal MP in the 1910s.
Instead it was his father, Randolph Churchill, backing one of the first meaningful attempts at leasehold reform way back in 1884. Needless to say, the leasehold enfranchisement bill was blocked by a Conservative government full of property owners.
Flash forward 139 years and the same argument applies to almost five million leaseholders in England and Wales, the only two countries in the world that have still not abolished or radically reformed an archaic system that dates back to the Domesday Book.
Read the rest of this entry »Gove’s admission begs more questions
Posted: January 30, 2023 Filed under: Fire safety, Leasehold, Planning, Private renting Leave a commentOriginally written as a column for Inside Housing.
Michael Gove’s admission that ‘faulty and ambiguous’ building regulations set by central government were partly to blame for the Grenfell Tower fire will come as no surprise to anyone who has taken even passing notice of the evidence at the public inquiry.
That a statement so blindingly obvious should be enough to prompt a worried look from one of the levelling up secretary’s media minders speaks volumes about the government’s stance up to now. It also begs significant questions about the administration’s approach to housing going forward.
The admission (and the look) came in an interview with the Sunday Times trailing the announcement on Monday that developers have six weeks to sign legally binding contracts to repair unsafe buildings or, in effect, lose the ability to build anything else.
As the levelling up secretary told Sophy Ridge on Sunday on Sky News: ‘The people who were responsible for erecting buildings which we now know are unsafe have to pay the costs of making sure those buildings are safe.’
Except that making UK-registered developers liable for fixing the blocks they built themselves via the contracts but for paying to fix other buildings via the Building Safety Levy does not really capture all of those responsible.
As the inquiry has revealed, that list includes just about every part of the construction industry, and especially product manufacturers. Mr Gove’s written statement on Monday does say that contractors and manufacturers are among those whose conduct is being investigated by his department’s Recovery Strategy Unit.
The list now also includes a government that Mr Gove says ‘collectively has to take some responsibility’ (meaning current and previous governments).
Read the rest of this entry »Mind the gaps on building safety
Posted: March 11, 2022 Filed under: Fire safety, Grenfell Tower, Housebuilding, Housing associations, Leasehold | Tags: Building Safety Bill Leave a commentOriginally published as a column for Inside Housing.
Who is guilty, who is innocent and who is merely collateral damage? The answers, when it comes to building safety, are not as simple as it first seems.
Guilt in a legal sense remains to be seen but just about everyone involved in the refurbishment of Grenfell Tower seems to bear some responsibility, starting with the governments that set the building regulations and reaching down via organisations involved in product testing and certification and building control to the companies that supplied the cladding and insulation, the contractor, designers, subcontractors and client.
All of the above plus developers are seen as ‘guilty’ when it comes to the wider building safety crisis while leaseholders are the innocent parties that the government has finally accepted should be protected from the costs.
And yet scratch a little deeper in the debates over the Building Safety Bill and the new approach initiated by Michael Gove and the dividing line between innocent and guilty is not remotely as clear cut as that.
Read the rest of this entry »Parallel scandals
Posted: December 1, 2021 Filed under: Fire safety, Leasehold | Tags: Michael Gove Leave a commentOriginally written as a column for Inside Housing.
The building safety and leasehold scandals have run in tandem for some time but the parallels really hit home in parliament this week.
The parallels between the two issues go well beyond the fact that both concern leaseholders and the power imbalance between them and freeholders.
While the government is acting to change things for the future, progress on protecting existing leaseholders and residents of buildings with safety issues has been slow. Ministers have repeatedly promised action only to lament the complexities of the issues involved.
Building safety dominated the initial exchanges in Commons questions on Monday as MP after MP asked Michael Gove about the plight of leaseholders in their constituencies.
The levelling up secretary dropped yet more hints of a series of new measures to tackle the ‘invidious vice’ in which leaseholders are caught that will be announced ‘shortly’, ‘in due course’ and eventually ‘before Christmas’.
Adopting the more aggressive tone towards developers and the construction industry that has marked his approach to the issue since the reshuffle, he said that ‘my Department are looking at every available means to ensure that the burden is lifted from leaseholders’ shoulders and placed where it truly belongs’.
Read the rest of this entry »Winners and losers in the hunt for A Home of Our Own
Posted: October 20, 2021 Filed under: Home ownership, Leasehold, Radio, Right to buy 1 CommentOriginally published as a column for Inside Housing on October 20.
A young couple living in a caravan because they can’t find anywhere to rent let alone buy wait for winter and cold weather.
It might be an everyday story from the housing crisis except for two things. First, this is the final episode in an excellent 10-part Radio 4 series that shows that there are many different local crises not just a single national one. Second, one of them works as a housing officer for the local council.
A Home of Our Own finished on Friday but is well worth catching on BBC Sounds over the next few weeks. Presented by Lynsey Hanley, it’s a journey right around the UK that begins in Cornwall and ends in Pembrokeshire via London, Belfast, Glasgow, Middlesbrough and most points in between.
Read the rest of this entry »Latest attempt to end fire safety crisis leaves more questions than answers
Posted: July 30, 2021 Filed under: Fire safety, Leasehold | Tags: Robert Jenrick 1 CommentOriginally published as a column for Inside Housing.
While everyone will be hoping that Robert Jenrick has finally found a way through some of the worst aspects of the fire safety crisis, it’s hard not to be a bit sceptical.
The housing secretary issued a dramatic written statement just as MPs were preparing for the Second Reading debate on the Building Safety Bill last week. An accompanying press release from the Ministry for Housing, Communities and Local Government said that: ‘Leaseholders in blocks of flats with cladding should be supported to buy, sell or re-mortgage their homes after the government agreed with major lenders to pave the way to ending the need for EWS1 forms. It comes following expert advice that the forms should no longer be needed on buildings below 18 metres.’
However, that use of ‘should’ is telling because the announcement will achieve nothing if mortgage valuers and lenders do not accept it and if potential buyers are not convinced that the flats are risk-free. The banks quoted as supporting the agreement have only promised to review their practices so far.
Previous attempts to reform the EWS1 process have failed and – even though the small print of this announcement contains the potentially significant addition of a government-backed indemnity insurance scheme for external wall system assessors. This one has already hit a significant obstacle as the Royal Institution of Chartered Surveyors (RICS) says it cannot change its advice to valuers and banks saying they will not change their policies the government changes its own fire safety guidance.
Even if we assume that this is a chicken and egg problem that can be resolved, there are still grounds for scepticism about Jenrick’s attempt to close Pandora’s Box.
Read the rest of this entry »
Jules Birch 