HLG9

Legislation Committee No 2

Response to Consultation on Proposed (Legislative Competence) (Housing and Local Government) order 2010

TPAS Cymru

TPAS Cymru works to improve the lives of social housing tenants in both housing and community matters, by promoting effective participation of tenants with their landlords and with other partners in issues that affect them. TPAS Cymru also works to lobby for an adequate supply of decent affordable housing for rent and purchase available, to ensure that people are able to live in the communities that they choose.

This response is based on:

1. TPAS Cymru’s extensive experience of developing and supporting groups and working in local communities.

2. Working to improve partnerships between tenants and residents and their landlords and other partners.

General

TPAS Cymru welcomes this opportunity to provide evidence to the committee for the Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010. We believe that the future ability of the Assembly to legislate on all areas of social housing is of importance in delivering the much needed supply of decent and affordable housing for people in Wales.

Consultation Questions

1. What are your views on the general principle that legislative competence in the areas identified in Matters 11.2 - 11.8 and Matter 12.18 be conferred on the Assembly?

TPAS Cymru agrees with the principles that the legislative competence in these matters should be conferred upon the Assembly. The Proposed LCO will give the Assembly the ability to be more responsive, flexible and inclusive in the development of housing policy within Wales.

2. What are your views on the terms or scope of the proposed Order? For example, is it too narrowly or too broadly drawn?

TPAS Cymru believes that the scope of the order is appropriate and that the Assembly should have a full range of powers, which are contained within this Proposed Order to deliver effective housing policy within Wales.

3. What are your views on each of the eight Matters contained in the proposed Order?

Matters 11.2, 11.3 and 11.4 taken together

It is TPAS Cymru’s view that the Assembly should have the power to legislate regarding social housing providers within Wales, including allocation of social housing and issues surrounding flexibility of the tenure system.

We would contend that in order to help create more sustainable communities and to make the best use of both new and existing housing stock within Wales that the Assembly should explore issues relating to how social housing is allocated, shared ownership, low cost home ownership and flexible tenures, and the development of community land trusts.

We believe that the Assembly should have the power to simplify the tenure within the social housing sector within Wales. In terms of the detail, TPAS Cymru is willing to work with the Assembly to ensure that any proposals or measures will ensure the security and rights of people. We are also in a position to seek the views of social housing tenants in Wales through consultation with our membership.

Matter 11.5

TPAS Cymru supports the Assembly in requesting powers to legislate on the Right to Buy in area of high housing pressure within Wales, and we previously submitted written and oral evidence on this matter to the previous Housing LCO in January 2008. It is our view that in exploring the best way to use the existing social housing stock in Wales that the Assembly consider all aspects of supply and issues which could affect the supply of housing stock in future years.

Matter 11.6

TPAS Cymru supports the Proposed Order in relation to measure around housing related support. Although other organisations will have far more detailed comments to make with regard to this Matter, we recognise that the support of vulnerable people is vital to the sustainability of many communities within Wales. This area will continue to be important as the Assembly meets the needs of an aging population in Wales.

4. What are your views on the "Interpretation of this field” paragraph?

We have not taken legal advice in this area, however we do feel that this meaning is clear. Other individuals and organisations will be more qualified to respond directly to this issue.

5. Do you have any additional comments relating to the proposed Order?

TPAS Cymru welcomes the breadth of the Proposed Order. We believe that the proposals offer significant opportunities to the Assembly to shape the housing sector to meet the needs of the people in Wales.

We would additionally like to see within the Proposed Order the inclusion of issues relating to the Private Rented Sector. This Sector provides a vital housing solution for many people within Wales and contributes to the prevention of homelessness in many areas across Wales. Given the issues around the supply of affordable social housing within Wales and the continuing financial circumstances and difficulties in the owner occupation sector of the housing market more use of the Private Rented Sector is being made. Issues of security of tenure, standards of accommodation and affordability of this sector could be addressed with improved legislative powers for the Assembly within this area.

TPAS Cymru would support the Assembly in requesting legislative competency within this area.

6. Contact Details

For further information or to discuss any issues raised by our response please do not hesitate to contact:

John Drysdale,
Director, TPAS Cymru
Transport House
1 Cathedral Road,
Cardiff
CF11 9SD

Tel: 029 2023 7303
Fax: 029 2034 5597

Email: enquiries@tpascymru.org.uk
Web: www.tpascymru.org.uk