Housing Law and Sales Practice - Assignment Example

Student Name: Tutor: Title: Housing Law and Sales Practice Course: (A) How RSLs have dealt with Homelessness in over the last 30 years Homelessness is a social category of people who do not have a regular dwelling or house since they cannot afford, are cannot maintain safe, regular and adequate housing. Legal definition of homelessness varies from country to country. In broad terms, someone is statutory homeless when he does not have accommodation that he has a legal right to occupy (Ravenhill, 2016).  Homelessness is a big challenge in the United Kingdom particularly London since it has it has the highest population in the UK. It is the legal duty of the local authorities to offer assistance to people who are homeless or are somehow threatened with homelessness as spelt out under the 1996 Housing Act. Homelessness’ statutory responses are aimed at families with children as opposed to homeless single people, unless they are categorised as vulnerable by the local authority. Individuals qualify for help if they are ‘eligible for assistance’, threatened with homelessness or legally homeless, in priority need as well as not intentionally homeless (Clarke et al 2015). It is the duty of the local authority to investigate whether there is a local connection within the area. In Wales, Scotland and England only statutory homeless people are the ones entitled to housing. Registered social landlords (RSLs) play an important role in preventing as well as alleviating homelessness. In the past decade the role of Registered Social Landlords in housing within Scotland has dramatically expanded. The growth has place new challenges and responsibilities in statutorily homeless households through the Housing Act 2001 as well as Homeless Act 2003 (Ravenhill, 2016).  The role of RSLs is wider beyond the formal role. The RSLs make up 45% of the social rented sector in Scotland hence they have a crucial role to play housing target (Clarke et al 2015). There are main challenges on statutory homelessness that majorly involve families. There is a major problem in London where various local authorities are struggling to accommodate homeless families within their area owing to high rents within the private rented sector as well as constraints on benefits. Homeless charities together with local authorities face reductions in funding as part of the drive in tackling the national deficit. The primary cause of youth homelessness is relationship breakdown where young people separate from their families. The Housing Act 1977 placed the responsibility on local authorities to secure permanent accommodation to people who are unintentionally homeless as a priority. RSLs are major providers of housing strategies and can work effectively towards alleviating and preventing homelessness in the United Kingdom. RSLs can formulate strategies that can be used in dealing with the challenge of homelessness. Temporary accommodation has often been used by local housing authorities since 1997 (Anderson & Serpa, 2013). There has been a decline in the use of temporary accommodation by households defined as statutory homeless since 2005. This can be attributed to preventive services by the local governments. RSLs still play a crucial role in reducing the use of temporary accommodation for households. RSLs are getting involved in various activities that support vulnerable households in sustaining their tenancies. RSLs have transformed from seeking legal action as well as evictions where there are arrears to policies sustained personal contact, provision of benefits advice and money. The Housing Act 2001 gave powers to councils to request RSLs to offer accommodation to homeless people and a duty on RSLs to carry out such requests in a reasonable time unless they are good reasons for not complying with the request (Kemp & Kofner, 2010). There is a strong belief that RSLs in Scotland that the Section 5 duty has occasioned a growth in the proportion of new tenancies being given to homeless people and concurrent growth in the portion of tenants has social support needs as well as antisocial behaviour. RSLs are currently housing more homeless people than in previous years. Overall RSLs have continued to receive growing requests from councils to offer permanent accommodation for homeless people. RSLs provide assistance in instances involving anti-social behaviour besides giving support to tenants at risk of losing their tenancy owing o rent arrears (Netto, 2011). Strong links local authorities are beneficial to RSLs in resolving problems arising for tenants within the shortest time possible. RSLs are part of the problem when they engage in unnecessary evictions without informing the local authorities and not engaging the tenant personally in case of rent arrears. An important area where RSLs can get involved with the local council with regard to the issue of homelessness is through contributing to housing development as well as homelessness strategies within their area (Hodkinson & Robbins, 2013). RSLs have to be in continuous communication with the local council on ways of tackling as well as preventing homelessness. Early intervention has been identified as an important practice for preventing homelessness by RSLs prior to the threat of homelessness becoming a reality. Welfare benefits as well as rights advice forms part of prevention responsibility for RSLs. The government of England is committed to preventing homelessness as stated in law-Housing Act 1996 (McKee & Phillips, 2012). RSL governing bodies have a deeper understanding of issues of homelessness and majority are committing on alleviating the problem. Homeless Act 2003 requires RLSs to communicate with local authorities in case of eviction proceedings against tenants. This has to be done early enough in order for the council to take any step to prevent imminent homelessness. RSLs work closely with housing authorities in order to tackle and prevent homelessness. RSLs play an important role in reducing evictions, sustaining tenancies, as well as preventing homelessness via housing management functions. The role of RSLs in preventing homelessness has grown the over thirty years and is still expanding. RSLs play a pivotal role in helping the local authorities and government to tackle and prevent homelessness (Kemp & Kofner, 2010). Tackling and prevention of homelessness cannot be achieved without the involvement of RSLs. The local authorities cannot ignore the role of RSLs in tackling homelessness in the country. It can be concluded through this discussion in this paper that RSLs have a pivotal role to play in dealing with homelessness in the United Kingdom. The RSLs have to work closely with local councils to avoid more evictions and prevent homelessness. The RSLs have to be involved in development of housing as well as strategies to tackle homelessness. The role RSLs in dealing with homelessness has expanded of the last three decades and RSLs are actively involved in tackling the issue of homelessness in the UK. The RSLs have played a big role in alleviating and preventing homelessness and the role has expanded steadily. (B) Local authority tenancy versus a secure tenant under the Rent Act 1977 A century ago more people resided within private rented accommodation. The figures by 1918 show that the private sector accounted for 76%, and public housing was at 1% while home ownership stood at 23% (McNeill, 2016). Homeownership rose steadily hitting its peak in 2003 where it was quoted at 70%. On the other hand private rented accommodation collapsed to around 8-9% in late 1980s and commenced to grow thereafter. Regulation was introduced in the course of the First World War as the government targeted to protect housing of workers involved in the war. The security of tenture and rent protection measures introduced during this time were just a temporary measure. After the end of the war it was nolonger a priority for the politcal class to repeal them but the legislation came into effect in the Rent Act 1977. The Rent Act is among main statutory codes that changed the underlying common law (Malpass & Victory, 2010). This act applies to tenancies which were created before 15th January 1989 except for those types defines in the first part to the act. The Rent Act 1977 regulates private tenancies today. The Act changes the underlying common law for tenancies applicable to it by introducing rent regulation, long term security of tenure, and new rules of succession which alters what occurs to the tenancy once the tenant dies. He act gives the opportunity for protect tenants the right apply for a fair rent. After this is done, this rent becomes the only rent that can be charged (Wilson & Game, 2011). The landlord has the opportunity to have it rreviewed after every two years in case there is a major improvement works that has been carried out on the property or significant changes to letting. The Rent Act was very unpopular among landlords since they saw it as means of oppressing them. The landlords were liable for repairs but were not able to charge a proper rent and not even evict tenants hence making some of them to sell up their property and invest in other sectors. A protected tenancy is a contractual tenancy between the landlord and the tenant. A secure tenancies prevail where a tenant is secure always as long as the relevant conditions are met including the requirement that the tenant occupies the dwelling as his principal or only home. A tenant who has lost secure status via moving out can regain the status of a secure tenant through resumption of occupation. A protected tenancy is defined as one that is regulated through the statutory code code inceptualised by the Rent Act 1977 (McNeill, 2016). Under secure tenancy one can live in the porperty for his lifetime as long as he does not breach the tenancy conditions. The tenant cannot transfer tenancy to somebody else in some circumstances. Local authority tenancy is acquired when one is housed by the local authorities. Local authorities are providers for social housing for people who are not in a position to buy their own homes. Local authority housing is normally allocated based on need and eligibility. Rents are based on the ability by the household to pay. An individual can only apply to one housing authority. A person must be living in the area that is covered by that particular housing authority. In order for one to qualify for local authority tenancy he must be eligible for social housing and must be in need of it (Wilson & Game, 2011). An individual can be regarded as eligible if he satisfies the income creteria as assessed by the housing authority. An individual must be willing to remain in the area for a long-term. Local authority rents are formulated on a system referred to as differential rents. This translates to the fact that the amount of rent paid is dependent on the among of the total household income. The rent payment is directly proportional to the household income. Once an individual accept accommodation he enters into a tenancy agreement with the particular local authority. The conditions of tenancy are explained in the Letting Agreement. A tenant has to inform the local authority if his income changes. Every local authority has its own rent scheme and one has to be familiar with the local authorty rent scheme within his district (McNeill, 2016). Secure council tenancies acquired their secure tenancy the waiting list and lived there for at least one year. Secure tenants have strong rights. After having the status of a introducory tenant for twelve months without breaking any conditions in the Tenancy Agreement, one is eligible for secure tenancy. Secure tenancy brings about additional rights for the tenant. Secure tenants have have very strong rights and can only be evicted under certain circumstances. References Anderson, I. and Serpa, R., 2013. The right to settled accommodation for homeless people in Scotland: a triumph of rational policy making? European Journal of Homelessness, 7(1), pp.13-39. Clarke, A., Burgess, G., Morris, S. and Udagawa, C., 2015. Estimating the scale of youth homelessness in the UK. Cambridge: Cambridge Centre for Housing and Planning Research. Hodkinson, S. and Robbins, G., 2013. The return of class war conservatism? Housing under the UK Coalition Government. Critical Social Policy, 33(1), pp.57-77. Kemp, P.A. and Kofner, S., 2010. Contrasting varieties of private renting: England and Germany. International Journal of Housing Policy, 10(4), pp.379-398. Malpass, P. and Victory, C., 2010. The modernization of social housing in England. International Journal of Housing Policy, 10(1), pp.3-18. McKee, K. and Phillips, D., 2012. Social housing and homelessness policies: reconciling social justice and social mix. Social Justice and Social Policy in Scotland, pp.223-238. McNeill, J., 2016. Regulating social housing: Expectations for behaviour of tenants. Social policies and social control: New perspectives on the ‘Not-So-Big-Society, pp.181-195. Netto, G., 2011. Identity negotiation, pathways to housing and “place”: the experience of refugees in Glasgow. Housing, Theory and Society, 28(2), pp.123-143. Ravenhill, M., 2016. The culture of homelessness. Routledge. Wilson, D. and Game, C., 2011. Local government in the United Kingdom. Palgrave Macmillan. Read More