Our housing and communities law team explore the future of the Right to Buy scheme following calls for reform.
Read moreHousing leaders discuss progress and challenges for the sector at Brabners’ Just Housing Conference
AuthorsRupert Gill
7 min read
Rupert Gill, Partner and our housing and communities sector lead, explores how the housing sector is addressing key challenges in its communities and remaining a ‘force for good’.
I have heard it said that if housing doesn’t work then nothing does. Well, despite the challenges that the sector is facing, the discussions at our recent Just Housing Conference in Liverpool give me plenty cause for optimism about the future.
Partnerships will aid progress
Kerri Farnsworth from the Liverpool City Region Combined Authority’s keynote speech highlighted the challenges and priorities for the housing sector. Kerri reminded us of the effects that poor housing has on people’s physical and mental health as well as their life chances. Kerri shared the Liverpool City Region Combined Authority’s priorities for both housing and its communities — more housing, supporting our ageing population, regenerating our neighbourhoods, improving the quality of rented accommodation and tackling homelessness.
This would be achieved partly through brownfield land funding and directly retrofitting homes, but most of all there was the need for key partnerships — including with investors such as Lloyds Bank and registered providers — to provide funding and build quality homes where they are needed.
It’s clear that the role of the Combined Authority in facilitating and co-ordinating these initiatives will be critical to achieving the aims of the region and this was touched on again by our panel of five CEOs from local housing associations.
Legislative and best practice updates
Our workshop sessions covered practical ways to improve practices and procedures and stay compliant with the relevant legal framework:
- District Judge Campbell of Birkenhead County Court provided an inciteful judicial perspective on housing condition claims.
- Our Partner Michael Winder focused on the need to act now to ensure compliance with the Procurement Act 2023, which has recently been delayed until February 2025.
- Laura Homfray of Greengage Environmental and our Legal Director Elaine Field shared guidance on how to integrate biodiversity net gain into development projects from the outset and key challenges that have arisen since legal requirements came into force earlier this year.
- Our panel of housing and communities experts explored how new legislation will impact leasehold matters, with a particular focus on enfranchisement matters. Upcoming changes are designed to make it easier and cheaper for long leaseholders to buy their freehold or extend their leases. The Leasehold and Freehold Reform Act 2024 was enacted on 24 May 2024, but we don’t yet know when the changes will come into force — or what those changes will be — though it’s rumoured that Spring 2025 is anticipated. It’s hoped that the specifics can be discussed further at next year’s conference.
Key challenges for Housing Associations — CEOs share their views
Our panel of five chief executives from housing associations — Dr Michael Birkett of Regenda, Steve Coffey of Torus, Mandy Elliott of Crosby Housing, John Ghader of Prima Group and Claire Griffiths of Cobalt Housing — discussed some of the challenges that housing associations are facing now, as well as those on the horizon and how they might be addressed.
Balancing development with retrofitting
A key concern was around how we balance the competing needs to develop new housing with improving, managing and retrofitting existing properties and whether registered providers have the capacity to do both without additional funding — particularly as the priority must always be to ensure that existing homes are safe.
It’s clear that innovation around funding models and collaboration is needed to meet demand — and will be aided by the co-ordination of the Combined Authority. One potential solution to funding needs included exploring how various funding pots could be blended.
How will the forthcoming Budget impact planning?
If the sector receives the anticipated ten-year CPI+1% settlement in the forthcoming Budget, then this would provide certainty but there was a query about whether it will provide additional financial capacity — how many in the sector have already assumed this in their existing business plans?
The sector’s role in building communities
It was acknowledged that there is a responsibility with any development to understand the place and therefore there is a need to work with communities to ensure that we develop in a way that works for them and provides them with what they need. The sector must consider how we can help increase the connection between the voluntary sector and local businesses.
Listening to tenants
The implementation of the Consumer Standards and the Housing Ombudsman’s focus on listening to tenant’s views has been welcome and provided the opportunity to help those customers who wouldn’t otherwise share their concerns. While this initiative has led to an increase in complaints, the overall impact is positive as it allows latent issues to be resolved. Those who had been through consumer grading also felt that it helped them to identify and focus on their priorities.
What can the sector do to help with the private rented sector?
The Renters Rights Bill is a positive and should hopefully drive positive change in the private rented sector which has at times tainted the work done by registered providers. At the same time, it is important that registered providers looking to divest of stock consider the effect that the divestment will have on the affected communities.
Another suggestion concerned the role of registered providers in managing the stock of private landlords and whether this might be a way of driving positive change in the private rented sector. This was an interesting proposal given that registered providers would only accept the management of stock of a certain quality — in the short term, it probably wouldn’t affect failing landlords, but it might in the longer term if there is enough choice in the market for tenants to favour well managed properties.
The role of combined authorities in regional skill development
There is a huge opportunity to increase the prosperity of the region through linking investment with skills and training and long-term funding arrangements. If combined authorities can co-ordinate initiatives to encourage collaboration and create attractive places to live and work, then the region and the sector will massively benefit. It was considered whether the region could agree consistent approaches — for example to standards, house types etc. — to create efficiencies. Also, whether the collective purchasing power of registered providers could be used to everyone’s benefit and positively impact communities and the environment. For example, collectively purchasing heat pumps will not only benefit tenants with energy savings but will aid the sector’s progress towards the important target set by the CCC to complete energy efficiency improvements by 2035 (and all social homes to reach EPC C by 2028).
A force for good
Finally, each member of the panel was invited to share a story about the positive difference that the sector makes. We rightly spend a long time considering and acting upon mistakes that have been made in the sector, but perhaps not enough time reflecting on all of the good that it does. The stories told by the panel were a hugely uplifting reminder of that good — including collaborations to provide needed homes for children through “sweat equity” schemes, co-ordinating uniforms, providing tenants with wellbeing support and support for those struggling with energy bills.
There will be many challenges for the sector — there always have been and will be — but it is a huge force of good and we must never forget that.
Watch the highlights from the Just Housing Conference 2024
Talk to us
Our dedicated housing team is one of the largest in the UK. We handle the full range of legal matters for regional and national affordable housing providers, housebuilders and leasehold management companies the housing sector.
If you’d like to discuss how any of these issues may impact your practices, give us a call on 0333 004 4488, email us at hello@brabners.com or complete our contact form below.
Rupert Gill
Rupert is a Partner in our corporate team and the lead of our housing and communities sector group.
Read moreTalk to us
Loading form...
Related insights
Following our Just Housing Conference 2024, Rupert Gill explores how the housing sector is addressing key challenges in its communities and remaining a ‘force for good’.
Read moreHere, Claudia Sivori explains how prosecutions will be brought on corporate manslaughter and Director’s duties following the Phase 2 Grenfell Report findings.
Read more