The Housing and Planning Act 2016

Filed in Landlords by on 20th July, 2016 0 Comments

Georgian houses at Hotwells, Bristol, UK.

The Housing and Planning Act 2016:

In summary this is a Bill that makes provision about housing, estate agents, rent charges, planning and compulsory purchase.

Following agreement by both Houses on the text of the Bill it received Royal Assent on 12th May.

The Bill is now an Act of Parliament (law) and the full version of the Act is available via the following link:

http://www.legislation.gov.uk/ukpga/2016/22/contents/enacted/data.htm

 

Mike Basquill (UK Residential Associate Director for RICS), provides the following key points for discussion, quote:

“The Act has the strategic objectives of increasing the output of new-build homes, and improving the affordability of home ownership for first time buyers (FTB).

Central to these is the easing of some planning controls, and the creation of ‘Starter Homes’ for FTBs with values set at 80% of market value. The intention is to deliver 200,000 Starter Homes in the life of the parliament.

At a glance: housing

  • Starter homes introduced as an affordable housing category on newbuild developments
  • Starter homes will be available to FTBs at a 20% discount off market value, subject to value caps
  • Provisions requiring councils to consider the sale of vacant council housing
  • Extension of Right to Buy to housing associations
  • Introduction of a ‘rogue gallery’ of landlords & letting agents with powers to ban repeat offenders
  • Agents to keep client’s money in accounts separate to business accounts
  • Local Authorities to grant planning permission on serviced plots, sufficient to meet the demand for self-build housing in their area

At a glance: planning

  • ‘Planning permission in principle’ (PPIP) may be granted automatically, subject to adoption of key qualifying documents such as a development plan
  • Councils to compile and maintain registers of brownfields land, that may also be ‘qualifying documents’ for PPIP purposes
  • Enhanced powers for community liaison groups in local plan preparation and examination
  • Secretary of State power to intervene in neighbourhood planning
  • Starter homes to be delivered on all ‘reasonably–sized’ sites
  • Planning permission granted for homes in some circumstances under the Nationally Significant Infrastructure Projects.”

A point that is not mentioned in the above by RICS, that would be of interest to landlords and agents, are the new rights for recovering abandoned premises:

A private landlord may give a tenant a notice bringing an assured shorthold tenancy to an end on the day on which the notice is given if:

  • the tenancy relates to premises in England
  • the unpaid rent condition is met
  • the landlord has given warning notices required by section 59
  • the unpaid rent condition is met (see section 58)
  • no tenant, named occupier or deposit payer has responded in writing to any of those notices before the date specified in the warning notices.

About the Author ()

Rob Crawford is the chairman of the Association of Local Landlords (Wessex). Rob is a practicing landlord with a property portfolio that includes small private residential properties and HMO's. Rob is a qualified letting agent and former owner of Kingfisher Lettings & Management. He is now a share holder of the successful online lettings company Lettingsupermarket.com.

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