Housing Ireland Chartered Institute of Housing - AUTUMN 2017
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Contents Editorial: Let's get Ireland building 3 Regular insights Policy: News roundup 4 Around the UK England and Scotland 5 Wales and Northern Ireland 6 Skills and Training 7 How to: choice based lettings 8 Best practice: in-house repairs 9 Housing heroes: Jim Baneham 10 In depth Situation critical - it's time for a state housebuilding programme, Colette Kelleher 12 Housing is a right - it must be recognised in Irish law, Niamh Randall 14 Housing in Europe - how does Ireland compare? John Perry 16 Affordable rental or cost rental - what’s the difference and why does it matter? Simon Brooke 18 Private rented policy - room for improvement, John-Mark McCafferty 20 Housing, HAPs and hubs - the crisis of family homelessness, Dr Mary P. Murphy and Dr Rory Hearne 22 Disclaimer: The views expressed by contributors in Housing Ireland are not necessarily those of the Chartered Institute of Housing, the editor or the editorial panel and should not be taken as representative of any of the above. 2
Editorial Let's get Ireland building Much of this issue is dedicated to discussing what’s Justin Cartwright needed to achieve the aims of the government’s Editor housing and homelessness plan. The work completed Chartered Institute of to date has been notable and it’s welcome to see the Housing on-going commitment of resources and focus on the single biggest issue in Ireland. But more needs to be done to meet the scale of the I recently conducted a poll of Housing Ireland challenges faced. An obvious area for improvement readers to make sure the journal remains a useful tool is the low level of new-build social housing. Private for the Irish housing sector. While a good majority rented accommodation will continue to play an of respondents valued receiving the journal (86 per important role in providing a roof and financial cent) and thought it was relevant to the job they do support for people in need. But if new build targets (82 per cent), only half said they could use Housing are to be met and value for money is to be achieved Ireland in their work. A resounding message was that in the long term, the obvious answer is a step change readers want a shorter journal with more content for in capital subsidy realised as a social housebuilding busy practitioners, as well as a round up of recent programme, undertaken by the state and/or the policy developments in Ireland. community and voluntary sector. Therefore the editorial panel and I have introduced a There are a number of approaches government number of changes. First, the journal is now divided could take, with various available options for strategic into two sections – regular insights, and in depth. The delivery. Whether done via local authorities, a new ‘in depth’ section contains the traditional articles but public trust and/or a new housing association, they are now shorter in length. ‘Regular insights’ will additional building could be made more viable with have five standard elements: the use of cost rental paid for by a version of housing • Policy news round up – a summary of recent and assistance payment (HAP). significant developments in Ireland Fiscal rules, delivery timescales and what is politically • Around the UK – a flyover of developments in achievable will no doubt conspire to frustrate Northern Ireland and Britain such approaches. But the scale of the housing and homelessness crisis requires bold actions. And the • Skills and training – a summary of upcoming CIH time for action is now. short courses and qualifications to help you in your work • How to – top tips in a current and relevant area of practice • Best practice – a showcase of a great project being undertaken by practitioners, and • Housing heroes – a Q&A with a CIH member. Editorial panel: I hope you find these changes beneficial and the Simon Brooke, Clúid Housing journal better meets your needs. CIH wants Housing Caren Gallagher, Residential Tenancies Board Ireland to offer relevant information to practitioners Niamh Randall, Simon Communities of Ireland and policy makers alike, to help deliver the ambitious David Silke, Housing Agency programme in Rebuilding Ireland. Dr Lorcan Sirr, Dublin Institute of Technology 3
Policy News round-up Review of Rebuilding Ireland. properties (voids) programme for void and vacant social homes to be retuned to use. A departmental A targeted review of the government’s Rebuilding empty homes unit is being established, and local Ireland action plan for housing and homelessness authorities are designating vacant homes officers to was announced, following the first full year of its identify properties that can be returned to productive implementation. The public consultation process ran use. A vacant homes strategy is to be published in from 21 July to 11 August – CIH has said that while September. it is correct that the strategy focus on the critical supply issue, the plan must also focus on people. This Private rented sector. includes support for housing practitioners to ensure Maynooth and Cobh were designated as rent a housing sector with high professional standards pressure zones (RPZs) in March, which means 57 per to deliver the plan’s outcomes, and also support cent of national tenancies are now located in RPZs. for tenants through resident engagement and The methodology behind the Residential Tenancies participation initiatives. Board (RTB) rent index has been revised in order Social housing. to monitor changes in average rents in these areas going forward. According to the daft.ie quarter two The housing assistance payment (HAP) scheme is rental report, the average national asking price of now available to eligible households in all 31 local rent now stands at €1,159 per month representing an authority areas. Under HAP, local authorities pay 11.8 per cent year-on-year increase. landlords directly for private rented accommodation, to house people previously on waiting lists. It Homelessness. continues to be the primary delivery method for Housing authorities helped just over 3,000 homeless social housing outcomes. Of the 19,056 outcomes households into independent tenancies during delivered in 2016, 12,075 (63 per cent) were via HAP. 2016, but the government deadline to move all The next two highest delivery methods were social families who are homeless out of temporary hotel homes obtained through refurbishment at 2,308 (12 accommodation by 1 July was missed. Additional per cent), and acquisitions at 1,959 (10 per cent). funding was provided for the family hub programme The delivery method with the lowest share was social for more families moving into hubs. 22 rapid build housing new build at 665 (three per cent), which homes were delivered in 2016, with another 175 due will need to grow if overall delivery figures are to be for completion in 2017. This is considerably short raised substantially and value for money objectives of the targeted delivery of 800 homes as outlined are to be achieved. in Rebuilding Ireland. A Central Statistics Office In a recent announcement, minister Eoghan Murphy (CSO) report titled ‘Census 2016 profile 5: homeless committed to an additional 800 new build social persons in Ireland’ was published in August, finding housing units in 2018 bringing the total targeted that almost 7,000 people were homeless, and that return to 3,800 units. family homelessness has risen 200 per cent since 2011. This follows departmental information showing Vacant homes. the highest ever level of individual, family and child A number of initiatives to bring vacant homes homelessness. back are underway. Additional funds were made available to the repair and leasing scheme, which targets vacant properties to secure them for social housing. Funding was allocated under the vacant 4
Around the UK England and Scotland England Scotland Housing white paper. A new social security system for Scotland. In February the government published ‘Fixing our The Social Security (Scotland) Bill introduced in broken housing market’ setting out its ideas for June sets out the high level legal framework for solving England’s housing crisis under four broad the devolution of 11 benefits. It outlines seven headings: building the right homes in the right key principles based on human rights, dignity and places; building faster; widening the range of respect which are intended to underpin the new builders and construction methods; and helping system as well as a duty to introduce and report on a people now, including investing in new affordable social security charter. housing and preventing homelessness. How many Social Security (Scotland) Bill: http://bit.ly/2sP3FqA of the proposals will be taken forward isn’t clear as government is now focused on Brexit negotiations CIH submission: http://bit.ly/2im4ymN and responding to the Grenfell Tower tragedy. Fixing our broken housing market: http://bit. Planning position statement. ly/2lqPlgP The Scottish Government’s statement includes CIH response: http://bit.ly/2gIsHnj proposals such as consideration of land taxation and an infrastructure levy to compliment existing developer contributions delivered through section Homelessness Reduction Act 2017. 75 (part V equivalent). The act received royal assent in April and will place new legal duties on English local authorities. Everyone who is homeless, or at risk of homelessness, Common building standards. will have access to meaningful help, irrespective of The government has been consulting on energy their priority need status, as long as they are eligible efficiency and building standards in the private for assistance. rented sector with a view to aligning standards in social and private housing. Following Grenfell, it has CIH member briefing: http://bit.ly/2wDy8rx also brought forward plans to consult on fire safety standards across tenures. 5
Around the UK Wales and Northern Ireland Wales Northern Ireland Abolition of right to buy. Collapsed government. Legislation to abolish right to buy was introduced in The Northern Ireland Executive has been dissolved March into the Welsh Assembly, which agreed to the since January, as a result of a poorly-designed general principles of the bill. renewal heat incentive scheme. Departmental CIH member briefing: http://bit.ly/2gCgtJ7 budgets have been cut due to special finance rules in the absence of a government. The social housing Committee report: http://bit.ly/2teI1sY new build target has fallen and there are cutbacks in housing support services. The Democratic Unionist Housing association regulation. Party negotiated a £1.5 billion ‘confidence and The assembly’s public affairs committee recently supply’ deal to support the Conservative minority conducted an inquiry into the regulatory oversight government, but housing did not feature. of housing associations. The committee made recommendations to strengthen the voice of tenants, increasing transparency and reporting mechanisms Welfare changes. and attracting different skills to boards. The UK government’s controversial bedroom tax began in February in Northern Ireland, which reduces CIH member briefing: http://bit.ly/2eZlnzS the housing benefit of working-age social housing Committee report: http://bit.ly/2vHkwhr tenants if they under-occupy their home. While most tenants receive local payments that fully top-up the Stepping-up the response to homelessness. A reductions, further changes are planned that will new approach to addressing homelessness was worsen housing affordability and make it less viable adopted in 2015 which aims to provide assistance for housing associations to build new homes in to all eligible applicants. This includes greater use of certain areas. private rented homes and the creation of personal CIH report: http://bit.ly/2uNGtqa housing plans. The changes implemented have recently been the subject of an evaluation by the CIH comment: http://bit.ly/2ttwzef Welsh Government. Government interim evaluation report: http://bit. ly/2wDUvx6 6
Skills and Training The Chartered Institute of Housing (CIH) is the independent voice for housing and the home of professional standards. Our goal is simple – to provide housing professionals and their organisations with the advice, support and knowledge they need to be brilliant. We have a number of upcoming opportunities to build on your skills through training. Fire safety for residential and administrative Level 3 certificate in housing practice (level 5 on the buildings: Short course Irish framework) Date: 18 September Qualification Location: Housing Agency, Dublin Date: Commencing October Cost: CIH members €140 Non-members €150 This qualification will provide you with knowledge This one day course will focus on the responsibilities and understanding of key areas in delivering housing of landlords, managers and maintenance staff in services. It will give you an understanding of the respect of life safety systems. The course is aimed essential aspects of social housing service delivery, at housing managers and owners responsible for equality and diversity and professional practice skills. fire safety in houses and flats in Ireland. The day It is aimed at people working in the housing sector will include a brief outline of relevant legislation who want to develop their skills and knowledge or and standards. It will focus on addressing practical specialise in an area of housing. The programme is aspects of roles and duties. delivered through a combination of eight training The course will be delivered by Paul Condron, days and independent elearning. consulting engineer. Paul is a specialist in life safety systems engineering and construction legislation. He has been involved in the writing of fire detection and Level 4 certificate for the housing profession (level 6 alarm national standards since 2001. on the Irish framework) Qualification Estate management: Short course Date: Commencing October Date: 19 September For queries on this qualification please contact Kevin Location: Housing Agency, Dublin Ryan at ICSH on 01 661 8334 or at kevin@icsh.ie. Cost: CIH members €110 Non-members €120 CIH and ICSH are teaming up again to offer this The area surrounding housing has an immense challenging and highly relevant qualification. It will impact on how people feel about living there. give you an understanding of the essential aspects Whether it’s fly tipping, graffiti or overgrown gardens, of housing strategy, policy, law and finance, as rundown estates can lead to other problems such the context for providing housing management as difficult-to-let properties. This course covers the services. It is aimed at managers, and staff preparing important issues of estate and neighbourhood to step up to management level in the housing management, looking at the problems in managing sector. It will also suit learners who wish to build on estates and solutions and new methods to try to prior qualifications in housing or related areas. The alleviate these problems. programme is delivered through a combination of six This course will be delivered by Michael Smith, who training days and independent elearning. has worked in the social housing sector for more than 35 years both for local authorities and housing associations, and for the past few years as a trainer, For queries or bookings please contact Ruth Cullen tutor, assessor and consultant. at CIH on 048 9077 8222 or at ruth.cullen@cih.org. 7
How to: Choice-based lettings Local authorities were required to provide a choice 1. Identify issues and decide what you want based lettings (CBL) service for allocations under to achieve with CBL. Clearly identify your the Rebuilding Ireland action plan for 2016. CBL is organisation’s aim in developing CBL as an a different approach to allocations that is designed important first step, with aims prioritised when to place choice at the heart of lettings systems. there is more than one. Develop objectives and Applicants in traditional direct lettings systems can targets for monitoring and evaluation. Recognise exercise a degree of choice by refusing offers of what is practicable for CBL to achieve alone accommodation for normal lettings, which can create and what it can achieve by working with other a longer turnaround of voids. The critical shortage services. of housing stock means it is vital that housing 2. Get your supporting policies and procedures organisations reduce refusal rates to minimise right. Have an effective void management the length of time that properties are empty, and process, incorporating a robust and effectual increase transparency around their stock. repairs and maintenance service. Ensure that Normally under CBL a vacant property is advertised your waiting list/allocations policies are simple, and applicants make bids to register their interest. accurate, flexible and that they maximise choice. At the end of the bidding process, the applicant 3. Undertake staff training and development. Give who has the highest priority under the allocations early consideration to skillsets and build staff policy is allocated the property. CBL puts the onus training into project management processes. on applicants to seek out suitable properties – rather than the landlord targeting potential tenants – and 4. Consult and involve the right people. Consult in doing so encourages and rewards pro-active continuously and extensively on CBL processes/ engagement. procedures and supporting policies to help your service succeed. Involve external and internal The benefits of CBL can include greater customer stakeholders and get your partnership working choice, more transparency, increased engagement right. and interaction between housing providers and customers, better management of customers’ 5. Use an ICT product that meets your aims. expectations, tackling low demand properties/ Consider the different ICT solutions available and areas, better acceptance rates and more sustainable take full advantage of how CBL can use ICT. neighbourhoods. CBL also offers the potential for 6. Develop the CBL service with clear processes significant efficiencies – saving time and money. and procedures. Consider the nature of your However it is important to get CBL right to avoid CBL service and its detailed procedures, and adverse outcomes that go against the aims of the maximise publicity of the service. approach. Give careful consideration to all processes, 7. Ensure equality of access for vulnerable from identifying the issues that you want the CBL households. Maximise access to online CBL service to address, right through to enhancing the services, assist applicants to access online CBL service post-review. Progress will be influenced by services and maintain a direct lettings alternative the following eight factors. for exceptional circumstances. 8. Evaluate and review. With effective monitoring systems in place, regularly review the service to ensure it remains fit for purpose and achieves your aims. This article is a summary of the forthcoming CIH publication A guide to choice-based lettings. 8
Best practice: In-house repairs been unfounded and we have been able to meet Neil Bolton all reasonable demands. By using our own direct Director of property services labour, we have seen a number of positive spin offs Clúid Housing – our tradespeople’s skills are constantly reviewed and updated to carry out a wider range of repairs; they act as eyes and ears for the organisation; they develop trusting relationships with customers; As someone who has worked for over 20 years in and they are passionate about their work and our social housing repairs I am clear that traditional KPIs purpose. They are supervised by a field supervisor and a linear focus on bottom line costs can lead to and receive back office support from schedulers complacency about service quality and can mask and a stock management co-ordinator. The service the true costs and dysfunction of the service. Repairs is currently managed by a repairs business manager. services often cut across many parts of a business as We are unapologetically a direct labour organisation! well as external contracting businesses and as such are Our first 18 months have been strong with prone to waste, failure and hidden costs. A different exceptional customer satisfaction levels. Our bottom sort of thinking is required to fully appreciate how line costs remain higher than the private contractors effective a service really is. but a significant proportion of that is down to latent Created in 2016, ‘Clúid Works’ is our answer to the demand and overhead costs. Learning is embedded above dilemmas and is the culmination of a six year within our culture and we are confident that the journey. In 2012 we created a national contact centre strong early performance is a strong basis for for all customer contact. We introduced three regional continuous improvement. We are now looking at the ‘open book’ repairs contracts delivered by private possibility of rolling the service out nationally. contractors in parallel. In 2014 ‘Vanguard’ supported us in a whole system review of the service and following that intervention, we began experimenting with a radically different approach although based around an open book approach. During 2015 we experimented in a small area using direct labour and then established a bigger team for 1100 homes across all of the south east counties. First, we had to design scheduling software for our trade staff, stock management software for materials, handheld technology and GPS tracking, all designed around our live tracking needs. Our newly created service was designed to meet a clear customer purpose and we developed our own measures to ensure that we were meeting this purpose. We dispensed with a few recognisable ‘best practices’ – the biggest change was moving away from repair priorities (emergency, urgent and routine) and setting appointments that the customer asked for. This approach has resulted in the level of ‘emergency’ type Why not showcase your organisation’s work and repairs plummeting and has also had a positive impact people, and nominate for the 2018 awards? Contact on the rate of access into properties. The fears of CIH events producer Edel Hughes on edel.hughes@ tenants being unreasonable in their requests have cih.org for more information. 9
Housing heroes Q & A with Jim Baneham Q: Do you think poverty and homelessness will Jim Baneham always be with us? Senior executive A: I believe it’s possible for our society to provide Housing Agency everyone with a decent home. I also believe that eliminating poverty, in terms of access to decent housing, having adequate food, education and healthcare, can be achieved. Homelessness often has complex causes which confound simple solution. Q: When and why did you first get involved in the Nevertheless, provision of a decent home is the housing sector? foundation for recovery for anyone who becomes A: I trained as a quantity surveyor in college. In 1992 homeless. I joined the National Building Agency which mainly dealt with the design and construction of social housing schemes around the country. At the time Q: Which matters most, charity or political change? I joined, double glazing and central heating were A: For me, political change matters most. Political just starting to become standard features in social change has the capacity to deliver lasting and houses. profound improvements in people’s lives. Q: Has your understanding of housing changed Q: What would you do if all the housing we needed since then? was built and you were no longer needed? A: Absolutely! My initial involvement was in housing A: Work in housing management I suppose. Other construction and the houses we build now are than that I might go back into the construction significantly more complex than they were in 1992. industry to work on commercial projects. Over the years I’ve learned that the housing market is a complex system of interdependent factors, many of which were damaged during the recession which Q: If you could offer one piece of advice to people in have led to knock-on effects for social housing. The frontline housing roles what would it be? housing market and industry is still re-balancing itself. A: Housing gets a lot of negative press which can be very disheartening for people on the front line. Value the work you are doing and take pride in it. It’s Q: What one policy initiative would make the most important and it makes a real difference to people’s difference to people in housing need? lives. A: If a single initiative could make large tracts of affordable serviced land available for housing development in areas with housing demand, that would make the biggest difference. State owned lands are being made available for development but fast paced development of private lands is also required to meet the level of demand. 10
Situation critical It's time for a state housebuilding programme exacerbated the situation. Between 2011 and 2016 Ireland’s population grew by 169,724 people or 3.7 Colette Kelleher per cent. In that same period the housing stock only Independent senator in grew by 0.4 per cent or 8,800 units. During these Seanad Éireann and member years, when construction costs were low the state of the civil engagement group should have built thousands of houses but it couldn’t afford to do so in part because of the financial legacy of the last housing crisis. The proportion of the government's housing budget The Swiss-French architect Le Corbusier was one of spent on capital projects fell from 70 per cent in the pioneers of modern architecture. In his book The 2007 to 45 per cent at present. A very large portion Radiant City he set out a model for very high density of the very significant current expenditure is spent urban housing with integrated public services. He on direct transfers to private landlords via the rental believed this would provide residents with better accommodation scheme and the housing assistant living conditions and a better lifestyle – which would payment. These vast amounts of state payments to ultimately contribute to creating a better society. private landlords are helping to inflate rents across He said “on the day when contemporary society, at the market. We need to start the critical policy shift present so sick, has become properly aware that only from demand side subsidies to capital expenditure architecture and city planning can provide the exact on bricks and mortar. prescription for its ills, then the time will have come for the great machine to be put in motion and begin What is becoming ever clearer is that it’s simply not its functions… The house that can be built for modern profitable enough for the private market to provide man (and city too), a magnificently disciplined long term secure homes for people on low incomes. machine, can bring back the liberty of the individual At the very least the state should step in to fill that – at present crushed out of existence - to each and void. In some countries the state has gone even every member of society”. further. In Singapore, for example, 80 per cent of the permanent population live in subsidised units built by I believe we need a state housebuilding programme the government, most of them as owner-occupiers. to provide the liberty to all women, children and Each year the government release a fresh batch of men that Le Corbusier dreamt of. This programme flats that are sold with 99 year leases. Quotas ensure should produce at least 10,000 social houses every that each block of flats has a diverse population. year at an estimated cost of 1.8 billion per annum as There are means tested grants for first time buyers set out by the Irish Congress of Trade Unions (ICTU). and cheap mortgages from the national savings A constant and steady stream of state housing will fund. As a result Singapore has virtually no one who counterbalance what has become a chaotic boom is homeless. This has been a politically very popular and bust housing system. policy for the centre-right People’s Action Party who The current crisis isn’t an accident – it has been have been in government since 1959. caused by a failure in political choices and our In some parts of our political class there is a fear of a housing policy. Only a shift in those choices and new large scale public housing programme. It’s true policy will solve the housing crisis for good. That is that some mistakes were made in the past – poorly why a review of Rebuilding Ireland is timely but it planned, homogenous, low income, disconnected needs to be radical. communities were created in parts of Dublin and In recent times the decisions by the state have other urban centres. In other parts however public 11
housing schemes have been very successful and right to housing seminar in TCD. At that event there are now much sought after settled communities like was huge enthusiasm for a right to housing campaign Donnycarney in Dublin and Turners Cross in Cork. from a cross section of society from trade unions to Public housing can be diverse, integrated, consisting employers and from students to charities. of a mix of housing and community facilities with A fundamental shift to more state-owned housing will good transport links. not just be good for our society, it will be good for We should be brave and seek to use compulsory the economy too. According to the Cork Chamber of purchase orders to buy up decaying urban districts Commerce Review of Rebuilding Ireland (2016) the and transform them into vibrant urban communities. crisis in the rental sector is the number one business Earlier this year in the Seanad I seconded the Vacant concern of 90 per cent of Cork’s largest employers. and Derelict Sites Bill, that would have gone some They state that “as accommodation becomes more way to sparking urban regeneration but it was unaffordable, business in Ireland suffers from defeated by the large political parties. With 200,000 increased wage demands which negatively affect vacant houses nationwide and villages and towns Ireland’s international competitiveness”. dying we shouldn’t be afraid to show ambition and The time for action is now. We need to change from determination to revitalise our cities and towns for demand side to supply side interventions. We need the 21st century. to be brave in our political choices. In Budget 2018 Moves like these have been blocked in part by a fear the government must prioritise building homes and of infringing on the private property rights contained revamping derelict houses in our towns and villages. in the 1937 Constitution. In my view it’s time to put We must underpin these moves with a constitutional these anachronistic ideas up for debate. The calls right to housing. We must stop fearing public for a right to housing are growing – in July I hosted a housing and celebrate it for what it can achieve. 12
Housing is a right It must be recognised in Irish law People become homeless for a whole range of Niamh Randall complex and overlapping reasons. Primary causes are poverty, inequality and lack of affordable housing, Head of policy and often coupled with systems failures and individual communications circumstances. Many of the people the Simon Simon Communities of Ireland Communities work with have been disadvantaged and isolated from a young age – the state has failed them repeatedly. People experiencing homelessness are often excluded – they are overlooked, forgotten and Leilani Farha, the UN special rapporteur on the right neglected. They are denied basic human rights and to adequate housing argues that “laws and policies constitutional protections. Rough sleeping is a very create homelessness and then penalise homeless visible manifestation of homelessness, but is not its people for being homeless”. If Ireland were to only form. Homelessness can be hidden from view. enshrine the right to housing in the constitution, It includes people living in shelters and emergency homelessness would be recognised as the failure accommodation, people surfing from one couch of state to implement this right. This changes the to another, people living in inadequate housing or way we as a society think about homelessness and people at risk of homelessness because of insecure people who are homeless – instead we would see tenancies or the threat of eviction. homelessness as a consequence of the state’s failure to fulfil the rights of its citizens. According to most recent figures (June 2017) there are nearly 8,000 men, women and children living Sadly, an end to homelessness has moved out of in emergency accommodation and the numbers sight. Our housing sector is in crisis – all elements continue to grow. Many people who live in hotels, show signs of being broken. The private market hostels and B&Bs are stuck there for months on end, has failed. Social housing construction has halted sometimes years. People who are homeless are often in recent decades. Mortgage debt and rents denied access to basic necessities such as a kitchen have spiralled. These are having devastating where they can cook their own meals, privacy, a quiet consequences affecting the lives of hundreds space to do homework in or an address to apply for of thousands of people in this state. Increased jobs from. They have nowhere to bring friends and private sector supply will not affect affordability nowhere for children to play. The stress, damage and in short/medium term. We urgently need social trauma done are untold. A child who is homeless and affordable housing to meet different income is more likely to become homeless or experience thresholds and it is becoming increasingly clear housing instability again as an adult. that the private market cannot deliver the required housing mix. Discrimination - a cause and a consequence of homelessness A floor of protection Discrimination is both a cause and a consequence Housing is a fundamental right that facilitates the of homelessness. Those who face discrimination enjoyment of many other rights including health, on the grounds of ethnicity, socioeconomic status, education, employment, privacy and family Life. family status, mental or physical ill health or sexual Under international human rights obligations, orientation are more likely to become homeless and, housing should be considered a human right not a once homeless, experience additional discrimination. commodity. Homelessness therefore must be a 13
clear violation of this right. Under international law, we reaffirm that all people, including those who live to be adequately housed means having security of in rented accommodation, have the right to housing. tenure – not having to worry about eviction or having States have a duty to ensure that their evictions do your home taken away with very little notice. It means not render them homeless.” http://bit.ly/2vM4Vsf having the right to live somewhere in peace and dignity with access to appropriate services, schools, and employment. Enshrining a right to housing in the constitution A right to housing would not mean that everyone would instantly receive a key to his or her own home. International experience Instead, it would provide a ‘floor’ in respect of access In Scotland, there is a legal right to housing. A to basic adequate housing for all. It would oblige the qualitative comparison of Scotland and Ireland state to reasonably protect and fulfil that right and a (2013), by Beth Watts of the Heriot-Watt University legal mechanism for citizens to vindicate their right in Edinburgh, shows this right to housing resulted to housing before the courts. For example, where in people moving more quickly into permanent the gap between housing assistance payments and accommodation. It also gave people who are market rents are so great that most people cannot homeless an expectation of being housed. The report afford to rent a home, the right to housing would concludes that Scotland’s legal rights appear to allow this to be constitutionally challenged. “promote self-reliance rather more than the highly If the right to housing were to be enshrined in our discretionary Irish model”. constitution then homelessness would rightly be Across Europe, the right to housing is recognised recognised as the failure of the state to implement in the constitutions of Belgium, Finland, Greece, the this right. This would change the way we as a society Netherlands, Portugal, Spain and Sweden and in the think about homelessness, directing attention at legislation of Austria, France, Germany, Luxembourg, the state’s failure to fulfil its obligations to protect and the United Kingdom. Across the world, the right this right. It also would provide a guide and legal to housing is included in eighty-one constitutions. safeguard against which all-state housing policy and decision making can be measured and challenged. On 5 July this year the UN Committee on Economic, We must re-write the rules and fundamentally shift Social and Cultural Rights found that Spain violated our approach to housing. At the core of that shift, the right to housing for a family with children, evicted acting as an anchor, we must enshrine a constitutional from rented housing, arguing “through our decision right to housing in Bunreacht na hÉireann. 14
Housing in Europe How does Ireland compare? ranks seventh from bottom of Europe’s owner- occupation table with the UK lower still (see Figure John Perry 1). People in Sweden are now more likely to live in Senior policy adviser owner-occupied dwellings than those who live in Chartered Institute of Housing Ireland. However, the range of owner-occupation levels in Europe is still very wide. The southern European countries had the highest ownership levels before the EU expanded from 2004, but it’s now the new members from central and eastern Europe that Europe has become a continent of owner- lead the table. Whilst just 52 per cent of Germans occupiers. That might be the conclusion in looking and 56 per cent of Austrians live in owner–occupied at Mark Stephens’ article on the state of housing housing, almost everyone (96 per cent) does so in in Europe, in this year’s UK Housing Review (www. Romania. ukhousingreview.org.uk). But the real picture is more complex, revealing some interesting comparisons Figure 1: Tenure in the EU, 2015 (below) between Ireland and its EU neighbours. Source: UK Housing Review 2017. Some time ago both Ireland and the UK stood out Note: Based on individuals, not households; data for for their high levels of homeownership. Now, Ireland Ireland are for 2014. Figure 1 15
Ireland moves up the rankings where only ‘outright’ not perform badly. Overcrowding mostly affects owners are concerned (those who have paid off eastern European countries, although Austria has a their mortgages). Ten states, including the UK, have notably high overcrowding level for one of the more lower levels of outright ownership than Ireland. prosperous EU states, and Greece and Italy have Oddly, the countries with the highest levels of poor scores on housing deprivation. outright ownership are several of those from the former socialist block, notably Romania, Croatia and Lithuania (all above 80 per cent). This is to do with The EU has a house-price index which only begins in both the patterns of ownership under communism, 2010, and so of course it does not reflect the peak especially in rural areas, and the post-Communist prices that occurred before the financial crisis in privatisation programmes in which houses and flats 2008. According to this, only in Spain did real house were effectively given away. prices fall more quickly after 2010 than in Ireland, by almost 40 per cent. Ireland’s prices fell by one- Obviously, the converse of high proportions of third, although of course they have since recovered homeownership is high proportions of renters, and substantially. The Netherlands and the UK saw more Ireland ranks seventh in Europe (the UK is fourth). modest falls but slower recoveries. Some countries The official EU statistics don’t allow an easy split of like Germany, Austria and Sweden have seen steady social and private renting – partly because in some price rises. In several eastern European countries countries (notably Germany, where private landlords prices remain below their 2010 levels. get subsidy to house social tenants) the categories overlap. However a Housing Europe chart in the UK Comparing housebuilding figures also runs into data Housing Review gives a rough idea of how social problems. But in terms of building rates per 1,000 and private renting is split. While Ireland now has a population, Ireland was – as would be expected – well relatively small social sector, in fact only six countries above average in 2006 but then suffered a sharp (including the UK) have a bigger one. Leading the decline from which it has recently begun to recover. field here are the Netherlands, Austria and Sweden. Over the period 2006-15, the UK remained the Denmark’s quasi-social housing associations, poor man of Europe: it recorded the lowest average although not included in the rankings, are also annual level of housebuilding among the countries significant, housing about one in five households. for which statistics are collected. The roles played by the social sector vary Despite the message that owner-occupation is the considerably. While in Ireland it caters mainly for Europe’s dominant tenure, the housing scene varies those on low incomes, in parts of northern Europe widely between countries, especially since the growth it has a wider role and even (as in Sweden) may of the EU after 2004. Ireland remains distinct in many exclude the poorest households. But in southern, ways – a modestly sized homeownership market, central and eastern Europe, ‘social’ housing tends which has seen extremes of volatility perhaps only to mean a very residualised sector for marginalised equalled by those in Spain, and a still sizeable rental groups, quite separate (often physically as well as market in which social housing’s role diminished but functionally) from the mainstream – a very basic is now recovering. Will housing in Ireland become ‘ambulance service’. more (or less?) like that in other northern European countries over coming decades? In terms of housing conditions, it is of course difficult to get consistent, Europe-wide statistics, but on two scores at least – overcrowding and what is called ‘severe housing deprivation’ Ireland does 16
Affordable rental or cost rental What's the difference and why does it matter? Affordable rental* Simon Brooke An example will give you an idea of the households Head of policy that affordable rental is targeting. Clúid Housing You are a couple with a child in Dublin and you find an apartment for rent at €1,400 per month. There is a widely used measure of affordability which says In a nutshell affordable rental is state-supported that if your rent costs more than about a third of your rented housing that targets people who can’t afford net income, it’s not affordable. So in order to be able market rents in the private rented sector, but whose to afford this apartment, you’ll need a joint gross incomes are generally above the eligibility level for income of about €57,000 per year. But the income social housing. limit for social housing for you is about €43,000. So if you earn between €43,000 and €57,000 you won’t Cost rental on the other hand describes a rent that be eligible for social housing and you won’t be able covers the landlord’s actual costs of providing the to afford to rent. Of course in reality, loads of people accommodation and doesn’t include profit. It is a are paying more than a third of their net income on new way of looking at rented housing provided by housing and suffering as a consequence. approved housing bodies or AHBs (also known as housing associations and voluntary housing) and So the solution for this group is affordable rental, local authorities. which is rented housing where they would pay no more than a third of their net income. Importantly, they are two entirely different concepts. Almost everyone uses both affordable rental and This idea is not new – it’s been under discussion for cost rental to mean affordable rental. Even the author several years, and was included in the government’s of the government’s housing and homelessness housing plan Rebuilding Ireland. But seven months plan Rebuilding Ireland didn’t really understand the later, the idea was dropped without explanation, difference between the two, which only served to and it is planned to be replaced with a very limited reinforce the confusion. alternative that has not yet been explained. Neither are currently part of the Irish housing system It is possible to provide affordable rental housing and both are extremely important, but in different with little or no state subsidy! The way you do this is ways. Cost rental might appear to be a rather abstract to fund the housing (which would be provided by concept, and it may not be entirely clear why anyone a housing association) with two loans, one running should get excited about it. But it really is important, after the other. It’s similar to the funding model used and it does matter. by housing associations in Ireland for social housing. This keeps the repayments low so that the rents Let’s look at them in turn. people can actually afford would be enough to repay the loans and cover the landlord’s other costs. Clúid Housing and others have been promoting this model for over two years, and the response has been a deafening silence. Why? Why would the government reject a scheme that provides affordable rental for people who need it and costs little or nothing to provide? 17
So on that note of mystery, let’s move on. So cost rental is a pretty revolutionary idea, which would be good news for tenants, housing associations, local authorities and the state. What’s Cost rental not to like? The National Economic and Social Council has been As you can see, affordable rental and cost rental promoting this for some time, initially in its report have the potential to improve the housing system to social housing at the crossroads published in 2014. everyone’s benefit. But they operate on very different Cost rental systems are well-established in other scales and people frequently confuse the two, which countries such as Denmark and Austria. means that there’s a serious risk that one or both will If you’re renting in Ireland then if you’re renting get lost in the muddle. from a local authority or housing association you’re The review of the government’s housing plan most likely paying an income-based ‘differential Rebuilding Ireland is due to be published in the rent’, which is usually about 15 per cent of your net autumn. There’s an opportunity to put affordable income. If you’re renting from a private landlord, then rental back on track and to include a specific you’re paying a market rent, which normally covers commitment to a cost-rental model. Let’s hope this the costs of providing the accommodation plus the opportunity is not lost. landlord’s profit where rents exceed costs. In neither case are you paying a cost rent. There isn’t space here for a full discussion of cost rental, but if it were introduced in Ireland there would be many benefits: • cost rent decreases in real terms over the long term because interest rate increases are less than inflation • if the state subsidy is based on cost rent, then the state subsidy will also decrease in real terms • when a dwelling is debt free the cost rent is very low – affordable for many people on low incomes without any subsidy from the state • cost rents over time will exert a downward pressure on market rents. This represents very good value for money for the state. And in case you were wondering, you could do it without ditching the differential rent system (which would be politically near enough impossible I’d say), essentially by expanding a version of housing *This should not be confused with ‘affordable assistance payment to include local authority and housing’, which was a programme of housing built housing association tenancies. This would in turn by local authorities for sale to households on middle enable local authority housing finances to be put on incomes. This scheme was wound up in 2011. a sustainable basis for the first time ever. 18
Private rented policy Room for improvement • seeking accommodation (350) John-Mark McCafferty • deposit retention (242), and Chief executive • problems with standards and repairs (207). Threshold Legislation aimed at providing security for tenants remains inadequate, particularly in the context of tenancies being allowed to be terminated, The private rented sector has grown dramatically in sometimes in spurious circumstances. The recent years and over one in five households across introduction of indefinite tenancies is required, as Ireland are in the sector today. It is no longer merely are amendments to the law in order to protect the a transient tenure – increasingly it is a sector where position of tenants where properties are being sold people spend much or even all of their lives. It is or are being repossessed by lenders. also the main route for many families and individuals Rent certainty is hugely important, both for sitting into homelessness due to tenancy terminations, tenants and prospective tenants trying to budget unaffordable rents for many middle to low income for accommodation. Under the rent pressure zone renters among other causes. (RPZ) legislation, a new tenant can only be charged The daft.ie rent report launched in late August, four per cent more than a previous tenant and the which covers the second quarter of 2017, confirms landlord must explain in writing to a new tenant the that pressure in the private rented sector continues calculations behind the rent, as it relates to the RPZ to grow. The research indicates an almost 12 per formula. This legislation gives sitting tenants and cent change year-on-year in the average asking rent those searching for accommodation equal rights. nationally. There were fewer than 3,000 properties to However, we are aware that this is being flouted by rent nationwide on 1 August 2017 according to the some landlords. A lack of enforcement is affecting report – a 20 per cent decrease on the same date the both those searching for accommodation, as well as previous year. The situation facing students seeking sitting tenants. accommodation received broad media coverage Many tenants are desperate, and those who can at the time given the affordability issues facing this afford the asking rent are prepared to pay without group. many questions to get a roof over their heads. Threshold is a national housing charity with regional With such a shortage of supply, if legislation is not advice centres in Dublin, Cork and Galway, providing enforced, rents will only increase in the face of such frontline advice and tenancy protection services to desperation. This will exclude increasing numbers people and families with housing problems. Our of low- and middle-income earners. A Residential vision is an Ireland where everyone has access Tenancies Board-managed, publicly available and to affordable, secure, suitable and good quality searchable rent register should be mandatory in housing. Tenancy termination is the biggest issue for order to strengthen the RPZ legislation. The register renters currently contacting us. The most common would record every change of rent, holding landlords issues facing new clients to Threshold nationally to account and providing tenants with the details between May and June of 2017 were, in descending a more transparent system with which to make an order: informed choice. • tenancy terminations (926 cases) Equally, the introduction of a deposit protection • rent reviews (479) scheme is provided for in Residential Tenancies 19
(Amendment) Act 2015 and needs to be incentives. This would form part of a ‘national car commenced. The loss of a deposit can be a cause test (NCT)’ for private rented housing, integrating of homelessness where a tenant does not have the existing commitments such as a registered resources to provide a deposit for a new lease. The tenancy and tax compliance provisions of the scheme should stipulate that one • Introducing regulation to protect licensees (e.g. month’s deposit is sufficient. This follows reports that lodgers in a ‘rent a room’ arrangement). a large private landlord recently sought two months’ deposit, along with the first month’s rent from new The success of private rented sector commitments tenants. by government in Rebuilding Ireland hinge upon tangible progress across the above measures. And Thirdly, small scale landlords, who make up 91 the private rented sector is one of three pillars per cent of the market, need to be kept in the of a complex and inter-related housing system. market. Tax reforms to sustain small scale landlords Whatever might constitute ‘success’ in this sector should be introduced, contingent on the provision is as much contingent upon social housing build of permanent, quality and affordable rental and the delivery of wider housing, planning and accommodation. transport objectives as much as it is about reforms Other measures which will ensure that the above and improvements in private rental housing. This policies will work most effectively include: inter-dependence is recognised in Rebuilding Ireland. Timely delivery of these policies will mean • Ensuring local authorities have appropriate the difference between families holding on to their resources to carry out inspections of private rented homes and families enduring the trauma rented accommodation and to pursue of homelessness with all the human, social and enforcement proceedings economic costs that come with any deepening or • Providing an appropriate and secure funding prolonging of the current crisis. framework for the delivery and promotion of housing advice and advocacy supports, to ensure greater awareness about tenants’ rights and landlords’ obligations • Increasing housing assistance payment (HAP) and rent supplement limits to reflect market rents, and ensuring the HAP scheme can provide discretionary uplifts for tenants • Developing a cost rental system of social and affordable rental accommodation • Establishing clear, up to date legal definitions of both overcrowding and what constitutes a ‘landlord’ in a repossession situation • Ensuring that an increasing proportion of private rented stock meets a minimum acceptable standard of energy efficiency, through a combination of legislative obligations and 20
Housing, HAPs and hubs The crisis of family homelessness private sector tenants, and introducing mechanisms Dr Mary P. Murphy such as the proposal for a national housing co- operative. This is in the context of the likely increase Maynooth University in repossessions of buy-to-lets and owner occupied homes. We find a core tension in trying to address the social housing crisis by over-relying on the private market Dr Rory Hearne to deliver investment in housing, while disinvesting in Maynooth University social housing build. The net effect works against the housing rights of the most vulnerable in Ireland. Investing in the right to a home is a piece of research Early signals are that the review of Rebuilding Ireland conducted in the context of a larger European Union will reflect the core conclusion of our research – H2020 funded research project Re-InVest (www.re- the primary method to resolve the social housing invest.eu) . It focuses on the structural crisis of family and homelessness problem has to be state-led homelessness in Ireland, which is a direct outcome provision of social housing by local authorities. We of the long-term disinvestment in social housing and need nothing less than an emergency state building the privatisation, marketisation and financialisation of programme. If the Irish state could build 9,000 social social and private housing. We examined three key houses in 1975, they can do so in 2018. themes: However this requires considering an alternative • Rebuilding Ireland’s over-reliance on the private policy approach. Tempering the power of the private rented sector to resolve the social housing deficit housing market requires ideological and practical and homelessness crisis mind-shifts underpinned by a legislative approach to housing rights. • the effectiveness of the private rental subsidy – the housing assistance payment (HAP), and Housing rights have been diminished over time as policy shifted from traditional social housebuilding • the emergence of family hubs (hubs) as programmes to the greater use of rental subsidies. emergency accommodation for families who are From a cost perspective, direct build social housing homeless. presents a far greater return on state investment. Arguing that homelessness will escalate, we Rebuilding Ireland has had a serious fault-line in its highlighted five strategies – prevention, building use of HAP as the primary way to meet social housing homes, enhancing HAP, mitigating the potential need. Until the Residential Tenancies Act is amended negative impacts of hubs, and addressing power to offer effective security of tenure, we argue HAP imbalances through a rights-based approach. cannot ensure the right to housing. It not only fails Prevention and early intervention are cost-effective to provide the security of tenure associated with the policies for confronting homelessness. Reintegration right to housing – it means vulnerable families who costs increase sharply after somebody has become are homeless are set up to fail. These families have to homeless, and cost benefit analyses show significant cope with the impact of both aggressive competition returns on investment in preventative measures. and discrimination in the context of a very tight private rental market. There are many innovative ways to prevent homelessness. These include improving security for The reality of life in emergency homeless 21
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