The legacy of the 1988 Housing Act 30 years on

This week marks the 30th anniversary of Royal Assent for the Act that set the framework for the housing system as we have known it ever since – but as its influence wanes is it going into reverse?

The 1988 Housing Act led to lasting change in social and private rented housing. Not everything happened at once – some provisions were amended in later legislation and some took time to have an effect – but this was what set the basic ground rules for what followed.

In the social rented sector, it meant private finance, higher rents, stock transfer and housing associations replacing local authorities as the main providers. In the private rented sector, it meant the end of security of tenure and regulated rents and the arrival of assured shortholds and Section 21.

But it also created a system that was full of contradictions that are now only too clear. The stage was set for the revival of rentier landlordism but also the eventual decline of home ownership, the fall of municipal empires but the rise of mega housing associations and a belief that housing benefit could ‘take the strain’ of higher rents that always seemed unlikely and drained away with austerity.

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A benefit to society

News that 90% of social housing tenants feel that the media presents stereotypes of them is depressing but sadly not surprising.

As a report launched at the House of Commons today by the Benefit to Society campaign argues, the negative views are embedded in whole swathes of TVprogramming that links housing tenure to benefits status.

But it’s not just about poverty porn like Benefits Street and Council House Crackdown and tabloid headlines about scroungers and large families.

More thoughtful programmes like How to get a Council House can mine the same themes and generate the same hostility.

And even supposedly objective TV and broadsheet news coverage can strengthen the stereotypes by resorting to the lazy clichés of ‘sink’ and ‘crumbling’ estates and using stock pictures and idents of tower blocks and abandoned shopping trolleys.

So it is good to see that my union, the National Union of Journalists, is backing the Fair Press for Tenants guide aimed at journalists, PR people and documentary makers.

And the level of media interest in today’s launch and opinion poll also bodes well and is a chance to combat the stereotypes and change a few opinions.

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To ballot or not to ballot

Originally posted at Inside Housing on February 7.

Tenants get a vote if their landlord wants to transfer the ownership of their homes, so why not when their homes are going to be knocked down around them?

I’ve long believed that tenant ballots should be compulsory under major regeneration proposals even though the idea is not as simple as some people make out and is not going to fix current problems on its own.

Why? London mayor Sadiq Khan says he will require ballots on proposals where demolition is involved and which have Greater London Authority funding.

He has changed his mind since draft guidance last year argued that surveys and meetings should be held as proposals evolve ‘so that a “real time” assessment of the acceptability of what is being proposed is enabled’.

The draft said ballots and votes ‘can risk turning a complex set of issues that affects different people at different ways over many years into a simple “yes/no” decision at a single point in time’.

After a unanimous vote in favour of ballots by the London Assembly, the final version says that: ‘I want the good practice and principles in this guide to be applied on all estate regeneration schemes across London. Where demolition is involved, I intend to use my planning powers, and a new requirement for resident ballots where my funding is involved, to help ensure this is the case.’

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The Housing Bill: The final lap

Originally published on April 29 on Inside Edge 2, my blog for Inside Housing

The worst excuse for a Bill that I can remember in 25 years of writing about housing limps back to the House of Commons next week.

The Housing and Planning Bill’s tail is not quite between its legs as all the key elements are still there and the Commons will reverse some changes. But it’s been gutted in the Lords, with two more defeats for the government on Wednesday, and this morning (Friday) it’s the subject of withering criticism by the all-party Public Accounts Committee.

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The Housing Bill: the better part of valour

Originally posted on April 19 on Inside Edge 2, my blog for Inside Housing

It was another day, another session of watering down the Housing and Planning Bill in the Lords. Peers reached sections of the Bill including Pay to Stay and security of tenure in the latest Report stage debate on Monday.

On Pay to Stay for ‘high income’ council tenants, they inflicted three more defeats on the government and they also forced some interesting clarifications of the detail out of ministers. As the Bill now stands, local authorities will have discretion about whether to apply Pay to Stay, the thresholds will be increased to £40,000 outside London and £50,000 in London, and the taper for higher rents will be 10p.

Obviously it remains to be seen how much of this the government will look to reverse in the Commons, perhaps citing financial privilege because the money raised by the policy goes back to the Treasury.

The government version of the policy – set out in an email to peers an hour before the debate – is that it will be compulsory for councils, the thresholds will be £31,000 and £40,000 and the taper will be 20p. That means tenants would pay an extra £200 a year in rent for each £1,000 they earn above the thresholds. (It’s not clear to me why the out-of-London threshold has been increased from the previous £30,000).

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Book review: The Rent Trap

How did we end up with a housing system dependent on at least 1.5 million small-scale private landlords offering millions of tenants little or no security and costing billions in housing benefit?

You couldn’t do much better if you set out to design the worst possible way of housing the nation in general and young people in particular. But the changes that now seem set in stone – a private rented sector that’s grown so fast it is now bigger than the social sector and home ownership shrinking back to the levels last seen in the 1980s – have happened in the space of one generation.

The Rent Trap, a new book by Samir Jeraj and Rosie Walker, is the best attempt I’ve yet read to explain how and why this has happened to a general audience. The subtitle – How We Fell Into It And How We Get Out Of It – reflects an even more ambitious aim.

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Mind the gaps in the Housing Bill

Originally published on March 1 on Inside Edge 2, my blog for Inside Housing

For a piece of legislation that’s already faced hours of scrutiny from MPs and peers, there are still gaping holes at the heart of a Housing and Planning Bill that started life on the back of a fag packet and hasn’t moved much beyond it in several important respects.

Opposition demands for more detail about legislation are nothing new of course, but I’ve argued before that the lack of clarity here is deliberate in a bill that is designed to allow the government to do what it wants in future. To take one example, after stretching the definition of ‘affordable’ to breaking point to include £450,000 Starter Homes, the bill adds that the secretary of state ‘may by regulations amend this section so as to modify the definition of affordable housing’.

Many of the gaps were highlighted in the Commons late last year. The last two months have brought little further detail but now it’s crunch time: as peers debate a series of amendments, ministers are bound to come under increased pressures to say exactly what they mean.

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