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When everyone has a home

028 9024 5640: Housing & Debt Helpline for Northern Ireland

Consultation Response

Response to the OFT consultation on Guidance for Lettings professionals

Housing Rights Service has responded to a consultation exercise carried out by the Office of Fair Trading (OFT) on draft guidance for lettings professionals. We welcome this initiative as we have identified through our casework many difficulties and issues relating to the management practice of letting agencies. Nevertheless we remain to be convinced that the many problems encountered with the lettings industry will be solved by simply encouraging letting agents and landlords to become better informed and equipped to comply with existing consumer protection legislation. We believe greater regulation is necessary and look forward to working with OFT, DSD and Trading Standards in Northern Ireland for greater tenant protection in private rented accommodation.

 

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Private Tenancies, Policy

Response to Rent Arrears Protocol

Housing Rights Service is fully supportive of the aims of this pre action protocol. It is a very positive step which we hope will encourage more pre action contact; promote the benefits of getting good independent advice; and, above all, help to avoid costly and unnecessary legal action. In our experience, tenants whose cases have ended up in court are generally unaware of the legal consequences of a court order. We are therefore wholly supportive of the Lord Chief Justice’s decision to issue a Practice Direction in cases of social housing rent arrears. As the protocol states “Eviction should always be viewed as a last resort and should only be used when all other avenues have been exhausted.”

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Social Tenancies, Legal

Response to Rates Reform

Housing Rights appreciates that DFP is facing the major challenge of meeting the 10% Westminster funding cut for rates support while trying to ensure that assistance remains available for the most vulnerable. We broadly agree with the preferred approach and that existing levels of support for those who are least able to pay should be retained. Housing Rights is concerned about the impact of the funding shortfalls imposed by Westminster. However in this context, the ‘least worst’ option would be to make up savings from removing or reducing other rating support measures and allowances for households. We are aware that the removal of this support could have a negative impact on some low income families. We therefore recommend that the Department considers developing a hardship scheme.

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Policy

A Response to Credit Unions and Industrial Provident Societies Bill

As part of the ongoing reform of credit unions, the Department for Enterprise, Trade and Investment (DETI) released for consultation proposals for legislative change. The proposals mirrored some of the major recent legislative developments in Britain. They included, for example, amending the rules relating to the common bond for membership, allowing credit unions to admit corporate members and considering increasing the 1% per month interest rate cap on loans. 

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Policy

Response to the Home Office Consultation on Tackling Illegal Immigration in Privately Rented Accommodation

Housing Rights Service and Law Centre (NI) have recently responded to this Home Office consultation. Under the proposals all private landlords will have to carry out checks on the immigration status of every tenant before renting out a room or house. This response highlights our concerns and criticisms over these measures.Both agencies are opposed to the proposed checking scheme outlined in the consultation.

We fear the proposal will result in migrants being treated in a discriminatory manner and more individuals (whether migrants or not) threatened with homelessness. We believe the Home Office need to reconsider these plans in the light of the many criticisms raised in this response and by other landlord and tenant groups.

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Private Tenancies, Policy, Equality, Landlord

Taking Control: a Financial Capability Strategy for NI

Housing Rights Service welcomes the publication of the draft strategy. Through membership of the Financial Capability Partnership (FCP), Housing Rights Service is represented on DETI’s Financial Capability Forum and has been involved in the strategy’s development. Housing Rights Service is keen to continue to work with DETI and the FCP on the development and implementation of the strategy.

This response looks at the vision and priority areas for action contained within the Department of Enterprise, Trade & Investment's Financial Capability Strategy.  

Housing Rights Service is particularly pleased that Financial Inclusion has been identified as a priority within the strategy. However, it is very disappointing that none of the practical areas for action relate specifically to promoting Financial Inclusion.
 
We are strongly of the opinion that the NI Executive must take the lead in identifying the issues and working with stakeholders, such as local financial institutions and housing providers, to ensure its citizens are financially included.

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Policy, Affordability, NI Assembly

Response to the DFP Consulation Paper on the Review of Rates Liability for the Landlord Sector

Although Housing Rights Service supports the Government’s aim to simplify the rules governing rate liability in the private rented sector, we nevertheless do not believe the proposals as presented in this consultation paper will provide any significant clarification. In our view, the proposals only go a small way to simplify these complex arrangements i.e. they remove only one element regarding the criterion relating to the frequency of rent payments.

Even if the proposals are adopted, rates collection will remain difficult to administer and, in our view, confusion will still exist in regard to liability in rented accommodation. Given the complex nature of rating legislation, we believe a better outcome could be achieved by DFP having more discussions with key stakeholders to sort out the confusion that exists on who is liable for paying rates.

We hope in the future, where landlords default on their arrangements to pay rates as set out in tenancy agreements, tenants will no longer be prosecuted for rates liability where they can prove the payment of rates. We welcome the commitment to review this issue and to consider a long term solution to the problem of rates collection in the landlord sector.

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Affordability, Landlord, Policy

Review of Rates Liability for the Landlord Sector

The consultation paper seeks views on proposed changes to clarify the rules covering landlord liability for rates. It is argued the current rules are complicated to administer and difficult for landlords (owners) and tenants (occupiers) to fully understand who is legally liable for rates on rented property.

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Private Tenancies, Policy, Landlord, NI Assembly

Response to Reviewing Support for Repair and Housing in the Private Housing Sector

We are encouraged that the Department is reviewing the current system which has become largely ineffective due to the discretionary nature of the scheme and lack of investment. Any new scheme will have to take into account the financial difficulties many owners are facing and the problems many experience in accessing and servicing loans. Housing Rights Service is in general agreement with the proposition to simplify support arrangements for repair and improvement and to provide for more flexible forms of assistance which meet the particular needs of applicants.

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Private Tenancies, Policy, Landlord

Response to NIHE Consultation on Changes to the Housing Selection Scheme

Housing Rights Service believes that the under-occupancy sanction has the potential to cause real hardship and distress to many claimants and their families.  We are worried the measure will have a disproportionate impact in Northern Ireland given the existing composition of the housing stock and high levels of under-occupation in social housing. In our opinion, the policy will do nothing to ease local housing pressures because the greatest demand is currently for smaller properties -precisely those that the ‘spare bedroom tax’ will force social tenants to try to move to.

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Homelessness, Policy, Social Tenancies

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