Alyson Kilpatrick sits on the Commission on the Future of Housing in Northern Ireland. She explains the Commission’s vision for the role of housing in addressing social and economic problems.

The Commission on the Future of Housing for Northern Ireland was launched in April 2009. It aims to assess the key challenges and opportunities associated with the delivery of housing.

The strength of the Commission lies in its independence, having been created as a result of consensus across the sector.{footnote}The Commission is chaired by Lord Richard Best OBE, who is joined by Professor Greg Lloyd and Alyson Kilpatrick BL. It is facilitated by the Chartered Institute of Housing and supported by organisations such as the NI Housing Executive, the NI Federation of Housing Associations, Co-Ownership Housing, the Construction Employers Federation and the Voluntary Sector Policy Forum.{/footnote} It was created to drive a cross-sector long-term vision for the future of housing, which is critical for Northern Ireland’s social and economic development.

The Commission will publish a report containing specific recommendations on a strategic direction for housing.{footnote}And will publish a short options paper in early October, which will seek views on a long term direction for housing.{/footnote}

What is the future for housing?

Northern Ireland is a society still traumatised by its recent history; some communities remain segregated and fearful of their neighbours. The home is not always a place of comfort and security. We are, however, emerging from the conflict. Now is the perfect time to scrutinise the fabric of our society and move towards a shared future. The availability of decent housing for all is central to that development and to the healing process.

As Lord Best has recently noted ‘there are issues that are unique to Northern Ireland, such as the ethno religious divide, that are beyond the competence of housing practitioners. Housing never causes or solves social division but it can make it better or worse.’{footnote}Housing Rights Service Bulletin June 09.{/footnote}

The Commission is looking at a range of issues such as:

• the delivery of a mixed housing economy with flexible approaches to tenure;
• improving the access to and affordability of housing;
• managing assets across the sector;
• the role and function of key agencies; and
• the structure and processes involved in the delivery of housing and related services which will include the planning system.

Additionally, and fundamental to all of the other issues, the Commission will consider the legal framework within which housing and services are delivered. In particular, the Commission will look at whether that framework enables or restricts the implementation of its vision for the provision of housing into the future.

The Commission has already held meetings with Minister for Social Development Margaret Ritchie and Minister for the Environment Edwin Poots, with the Social Development Committee and with key organisations. These include the Northern Ireland Housing Council, housing associations, private developers and their representatives, the voluntary and community sectors, the Planning Service, the Strategic Investment Board, the Royal Town Planning Institute, Dublin City Council, the Homes and Communities Agency and the Tenant Services Authority. Evidence will also be taken from Supporting Communities representing residents living across the sector.

Housing has a central role to play in shaping Northern Ireland’s future. The housing sector continues to work towards meeting housing need and building sustainable communities. This is against a backdrop of an affordability gap, a growing social housing waiting list, and a private rented sector expanding to meet the shortfall.

The housing sector must anticipate and prepare for the future and the legal framework must respond effectively. It is essential that the law provides a clear and reliable system of rights and obligations which ensures that individual rights are protected and in which creative and responsive policy can flourish.

The legal framework?

Many varied issues arise; too many to capture here.

By way of example, given the increasing importance of the private rented sector in providing accommodation, and to ensure the sector is well placed to respond to growing need, it is essential that we look at the legal system which governs the rights and responsibilities of tenants and landlords.

The private sector can deliver flexibility and choice of good quality, well managed accommodation. However, the private rented sector in Northern Ireland has, historically, been unattractive or inaccessible to many, due to relatively high cost, insecure tenure and higher levels of complaints relating to poor conditions and bad management. If the sector is to offer a realistic and attractive alternative to social housing or home ownership, it must be well-regulated.{footnote}In October 2008, a motion was passed by the Assembly requiring the Department for Social Development to consider the introduction of a mandatory registration scheme for all private sector landlords.{/footnote} The Commission will consider options for its effective management, including a mandatory registration scheme.

A review was carried out by Sir John Semple KCB and the Private Tenancies (NI) Order 2006 has been enacted.{footnote}Review into Affordable Housing, 2007 Sir John Semple KCB.{/footnote} Together, they represent the first and most comprehensive review of the regulation of the private rented sector in 30 years. The previous regulatory framework{footnote}Under the Rent (NI) Order 1978.{/footnote} was widely considered to be ‘excessively bureaucratic and inflexible’.{footnote}DSD ‘Private Rented Sector Northern Ireland – Proposals for Reform’ April 2003.{/footnote} The purpose of the new regime was to reward landlords who provided good quality housing and to remove restrictions which were seen to hinder the development of good quality private rented housing. The Order provided additional safeguards for the rights of tenants.

However, since implementation, Housing Rights Service has reported that the types of enquiries it receives remain unchanged, indicating that the impact of the legislation on their clients has been minimal.{footnote}Response to Consultation Document: Building Sound Foundations A Strategy for the Private Rented Sector in Northern Ireland, July 2009.{/footnote} Housing Rights Service believes that is as a result both of a lack of awareness of rights and inadequate enforcement by Councils. Those issues must be addressed.

Security of tenure in the private rented sector is more limited than in the public sector. In the majority of cases, tenants will benefit only from a six month default tenancy term. For those who wish or need to remain in private accommodation for extended periods of time, that insecurity is unattractive. If the private rented sector really is to offer a long-term alternative to social housing, security of tenure will remain an issue.

In Britain, all landlords of leases for less than seven years are required by statute to carry out prescribed repairs.{footnote}Landlord and Tenant Act 1985.{/footnote} A landlord may not contract out of that repairing obligation. That is not the case in Northern Ireland, where a landlord may contract out, leaving a tenant with liability for repair. The Commission will consider whether the law requires a review in that regard.

It must also be recognised that the private rented sector may simply not be viable for some who have complex needs and require support and care services. Currently, much of that housing with support is provided by housing associations in partnership with specialist support and care services, with the benefit of funding through the Supporting People programme. To enable all members of society to reach their full potential and live decently and comfortably, their protection must be guaranteed. In a time when public spending is being constrained, we must support the organisations which provide that essential accommodation and support. Housing associations and the voluntary and community sectors must remain at the heart of social housing provision.

Last, but by no means least, we must not forget that there are people who are without any place to call home. The homeless are excluded from access to many essential services and many live with chronic ill-health and disability. It is incumbent on any decent society to provide for those who have been unable to make that provision for themselves, whether in the short or longer term. The Commission will consider the home-lessness provisions in Northern Ireland and the allocation scheme operated by the Housing Executive.

Conclusion

This is but a snapshot of the issues which the Commission will consider, having heard evidence from stakeholders across the sector. Much progress has already been made, but there is more to be done.

As a Commission, we are determined to address the issues in a participative and responsible way, recognising the importance of the work in helping to build our shared future.

We have been struck by the commitment of those who have met with us and their extensive knowledge and experience. We are grateful to all those who have and continue to work with us to realise our objectives.