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Glasgow City Council Glasgow's Housing Issues

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Glasgow City Council Glasgow's Housing Issues Glasgow City Council Glasgow’s Housing Issues 2009 to 2011 Revised and Updated SEPTEMBER 2011 CONTENTS 1. Introduction 2. Key Policy & Legislation 3. The Economy 4. Glasgow’s People 5. Social Deprivation and Inequality, Welfare Reform 6. Glasgow’s Housing Stock 7. House Condition 8. Neighbourhood Management & Regeneration 9. Social Rented & Affordable Housing Sector 10. Private Rented Sector 11. Private Housing Market 12. Housing Need & Demand 13. Homelessness 14. Housing & Health 15. Housing & Particular Needs 16. Climate Change & Fuel Poverty 1. INTRODUCTION This Issues Report accompanies Glasgow’s Final Consultative Draft Local Housing Strategy 2011. The Final Consultative LHS Draft draws on the analysis contained here and on previous consultations with stakeholders. This Issues Report has been revised and updated to reflect the changing context, new data and analysis that has become available over the past two years. We include previously reported analysis that is still relevant and where no updated data is yet available. 3 2. KEY POLICY AND LEGISLATION 4 Key Policy and Legislative Changes 2009 - 2011 Since the production of the first consultative Local Housing Strategy in August 2009, there have been a number of relevant legislative and policy changes from both Holyrood and Westminster. The following is a summary of these changes. Housing (Scotland) Act 2010 The Bill was passed on 3rd November 2010 and received Royal Assent on 9th December 2010. The legislation:- ¾ Creates a new, independent Scottish Housing Regulator and sets out its future statutory objective, functions, powers and duties. The new Regulator will operate alongside the existing Scottish Housing Regulator during 2011/12, developing and consulting on plans for a new regulatory framework. ¾ Introduces a new Scottish Social Housing Charter to replace existing Performance Standards. The Charter will set out a series of outcomes which social landlords should aim to achieve and against which the Scottish Housing Regulator will monitor compliance. A draft Charter has been issued for formal consultation and the Government is aiming for the first Charter to come into effect in April 2012. ¾ Ends the Right to Buy for new tenancies and for new supply housing built after 25th June 2008. ¾ Increases the maximum period for designation as a Pressured Area Status from 5 – 10 years and empowers Local Authorities to make, amend and revoke pressured area destinations rather than having to apply to Ministers. ¾ Amends the “local connection” in homelessness to allow members of the armed forces to form a local connection through employment or residence. ¾ Improves the protection for tenants granted a lease in breach of their landlord’s standard security conditions. Equality Act 2010 This legislation amalgamates much of the previous anti-discrimination legislation in one Act and introduces a range of new provisions which began coming into effect from October 2010. The Equality Act 2010: ¾ Outlaws unlawful discrimination in relation to nine ‘protected characteristics’ – age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. ¾ Sets out a new definition of discrimination arising out of disability. For landlords this means that they will need to make investigations when granting tenancies or when taking any action against a tenant to make sure they are not indirectly discriminating against them on the grounds of disability and to keep records as to why specific action has been taken. ¾ Extends the duty on landlords to make reasonable adjustments to disabled tenant’s homes to common areas, when they are requested by the tenant or someone acting on their behalf. ¾ Introduces a public sector duty to tackle discrimination, promote equality of opportunity and encourage good community relations which could apply to RSLs in relation to decisions taken in the management and allocation of housing. Non-statutory guidance on the specific provisions for housing within the Act is currently being drafted by the Commission for Equalities and Human Rights for publication later this year. 5 The Climate Change (Scotland) Act 2009 & Energy Efficiency Action Plan This Act creates the statutory framework for greenhouse gas emissions reductions in Scotland:- ¾ Sets an interim 42% reduction target for 2020, with the power for this to be varied based on expert advice, and an 80% reduction target for 2050 ¾ Establishes Scottish Committee on Climate Change to advise Ministers on targets ¾ Places duties on Scottish Ministers requiring that they report regularly to the Scottish Parliament and specific climate change duties on Scottish Public bodies The ‘Conserve and Save: Energy efficiency Action Plan’ details the action required if Scotland is to meet statutory emissions reduction targets, as set out in the 2009 Act. One of the key actions relating to energy efficiency identified in the plan is to improve the energy efficiency of all our housing stock to meet the demands of the future. The Energy Act 2010 The Energy Act 2010 came into force on 8 April 2010, taking forward policies first proposed in the UK Low Carbon Transition Plan 2009. The Transition Plan sets out policy mechanisms which aim to reduce UK carbon emission levels by 18% on 2008 levels by 2020. The Act has four main elements, it introduces:- ¾ A new Carbon Capture and Storage Incentive (CCS) to support the construction of four commercial-scale demonstration projects in the UK ¾ Mandatory social price support to tackle fuel poverty by lowering the energy bills of the most vulnerable consumers ¾ Clarification of Ofgem’s remit ¾ Provision of additional powers to Ofgem to tackle market power exploitation. Energy Bill 2011 The Energy Bill was introduced into the House of Commons with its First Reading on 16th March 2011, and second on 10th May. It is currently at Committee stage and is expected to be enacted in the autumn. The Energy Bill has been designed to provide for a step change in the provision of energy efficiency measures to homes and businesses, and make improvements to our framework to enable and secure, low-carbon energy supplies and fair competition in the energy markets. The Bill contains a number of different measures, with three of major relevance to improving the housing stock: Green Deal ¾ Green Deal is intended to create a new financing framework to enable the provision of fixed improvements to the energy efficiency of households and non-domestic properties, funded by a charge on energy bills that avoids the need for consumers to pay upfront costs. Private Rented Sector ¾ Establish powers for the Secretary of State, which would, in the event of continued poor energy efficiency performance in the Private Rented Sector, prevent private residential landlords from refusing a tenants’ reasonable request for energy efficiency improvements to be undertaken in their properties, where a finance package is available. It would also require private landlords in the domestic and non-domestic sector to improve some of the least energy efficient properties where finance is available. The earliest date regulations could be made is April 2015. Energy Company Obligation ¾ Amend existing powers in the Gas Act 1986, Electricity Act 1989 and the Utilities Act 2000 to enable the Secretary of State to create a new Energy Company Obligation to take over from the existing obligations to reduce carbon emissions (the Carbon 6 Emissions Reduction Target (CERT) and Community Energy Saving Programme (CESP)), which expire at the end of 2012, and to work alongside the Green Deal finance offer by targeting appropriate measures at those households which are likely to need additional support, in particular those containing vulnerable people on low incomes and those in hard to treat housing. The Home Owner & Debtor Protection (Scotland) Act 2010 This legislation entered into force on 30 September 2010 and significantly amends the procedure that mortgage lenders must follow prior to raising a court action by introducing Pre- action Requirements. Under the provisions of the Act:- ¾ All repossession cases will have to be heard in court, except where there is evidence that the property has been voluntarily abandoned. ¾ Lenders will have to demonstrate that they have taken reasonable steps to avoid repossession. ¾ Homeowners will be allowed lay representation to help them state their case, if they cannot afford a lawyer. ¾ The debt relief offered by bankruptcy will be extended to some who cannot presently meet bankruptcy criteria, by introducing a certificated route into bankruptcy. Debtor provisions also extend the protection currently offered for the family home in bankruptcy to trust deeds for creditors. Private Rented Housing (Scotland) Act 2011 The Bill received Royal Assent on 20 April 2011 and introduces a number of provisions aimed at raising the standards of private rented housing in Scotland. This legislation introduces:- ¾ Changes to the operation of the systems for registration of private landlords and licensing of houses in multiple occupation. ¾ New powers to allow local authorities to deal with overcrowding in the private rented sector. ¾ Provisions aimed at improving the working of private sector tenancy regime. Property Factors (Scotland) Act 2011 This legislation received Royal Assent on 07 April 2011 and introduces a number of provisions designed to address concerns about the quality of services managing communal areas in flatted accommodation in Scotland.
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