Derechos relativos a la tierra de los pueblos indígenas

According to Reader (2004), social housing can be sub-divided into two main categories: traditional social housing provided by the local authority and those provided by housing associations. The local authority housing departments were often linked with Direct Labour Organisations (DLO) with the maintenance and repair being mainly carried out by the DLO. Under the Housing Act 1996, housing associations were classified as RSLs, rather than

‘registered housing associations’ as defined under the Housing Association Act 1985. RSLs

have always outsourced their maintenance and repair services.

Historically, local authorities have been major providers of social housing with the bulk of legislation being aimed at local authorities, particularly with regards to affordable housing and the improvement of housing conditions for low income families (Malpass 2000a). Table 2.1 summarises the total number of homes being managed by social housing providers:

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Table 2.1: Number of Homes Owned and/or Managed by Each Organisation.

Source: The Cave Review of Social Housing Regulation (2007).

2.3.1 Local Authority / ALMOS

Local authorities now play a reduced role as social landlords due to previous governments’ efforts to de-municipalise housing. Local authorities are now seen as enablers as opposed to providers. They have evolved to take on a strategic role in addressing the housing need across all housing tenures. An array of housing and planning powers has been put in place in order to facilitate the delivery of this strategic role. Local authorities work with partners to guarantee the delivery of new affordable housing and to make appropriate and efficient use of existing housing stock. The following statement from a local government White Paper

‘Strong and Prosperous Communities’ (DCLG 2006), best describes a local authorities,

strategic housing role: “The strategic role is at the heart of achieving social, economic and

environmental objectives that shape a community and create a sense of place”.

The Housing Green Paper ‘Homes for the Future’ (DCLG 2007a), identified five key strategic elements required by a local authority:

• To access and plan for the current/future needs of the local population across all tenures;

• To make the best use of existing housing stock; • To plan and facilitate new supply;

• To plan and commission housing support services which link home and support services;

• To work in partnership to secure effective housing and neighbourhood management.

2.3.2 Housing Associations

Housing Associations in England and Wales are voluntary and independent non-profit organisations. In recent years, these have grown in importance in providing a wide range of housing, especially for low-income people and minority groups in housing need (Malpass 2000, p.16; Balchin and Rhoden 2002, p.228; Malpass and Murie 1999, p.149; Cope 1999,

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p.26). In addition to rented housing they also provide opportunities for people on low incomes to become homeowners or part-owners. The Housing Associations Act 1985 describes a housing association as:

‘A society, body of trustees or company a) which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation and, b) which do not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be determined by the Treasury, whether with or without distinction between share and loan capital’ (The Housing Association Act 1985, S1; Cope

1999, p.26).

Housing Associations do not trade for profit and any surpluses arising from their activities are reinvested for social housing purposes (Maples and Murie 1999; Malpass 2000). Housing Associations can operate as either private limited companies or charities in which case they must have a charitable purpose, for example, providing for people in ‘necessitous

circumstances’. Housing Associations operate under a regulatory framework laid down by

Parliament and until recently were controlled by the Housing Corporation (HC). However, the HC ceased operation in 2008 and its duties were transferred to the Tenant Services Authority (TSA). The TSA are now responsible for the regulation of Housing Associations and the Homes and Communities Agency (HCA) are responsible for their investment. ‘Housing Association’ is the generic name for all social landlords not covered by local authorities (DCLG 2011). Due to an increase in social housing control, housing associations now have a wider role and responsibility beyond its core landlord function (Cave 2007).

Housing Associations in general have seen a change in their financial basis and the higher level of rents which had arisen in this sector are an important feature. ‘Although modern non-

profit housing associations emerged in the 1960s, 70s and 80s, their roles in that period tended to be rehabilitation of older, inner-city housing and provision of housing for special needs populations, roles that bureaucratic local councils could not play well or at all’

(Maples & Murie 1999, p.73-76).

Government policy evolved towards the expansion of the housing association movement so that it would acquire “parts of the existing council housing stock... and become the main

provider of new social housing.” (Maples & Murie 1999, p.147). One major result of this

expanded role has been the quantitative growth in the number and percentage of units owned and managed by RSLs.

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Private financing and the Housing Corporation have pushed RSLs towards the adoption of a corporate style of organisation and management. According to Walker (2000 and 2001) these pressures have led to cultural changes within housing associations and the development of a commercial ethos, the adoption of a range of private sector management practices, customer focused strategies and asset and treasury management strategies in both new and traditional housing associations.

This approach seeks to maximise the internal efficiency of the organisation, however, like the profit-driven businesses, does so largely by externalising costs, imposing greater costs on workers, tenants and the public. Rent increases associated with private financing may cause lower income residents to leave resulting in a higher proportion non-working families on housing benefit thereby reducing social mix.

Housing Associations have moved rapidly to become a major provider of social housing and important consideration in the formation of housing policy. On the other hand, the roles of local authorities have moved from that of a provider of social housing to that of an ‘enabler’ in housing (Walker 2001).

These trends continued following the election Labour Government in 1997 and have also continued under the present coalition government. As a result of their increased importance, housing associations have taken on a wider role and responsibility extending beyond their core landlord function (Cave 2007). Furthermore, all social housing providers are now subject to audits, inspections, and performance measurement. Table 2.2 shows the total number of local stock transferred to RSLs during 1988 and 2005 was more than 900,000 dwellings.

Furthermore, both the Audit Commission (AC) and the Tenants Service Agency (TSA) make distinctions between the different types of social housing provider (Griffiths 2003; Thompson 1999). Regardless of the types of social housing provider, they are tied into a national rent restructuring system that was completed in 2012. Between them the older local authorities (now generally operating as housing trusts) and the newer housing association control almost 4 Million dwellings or 18 percent of the total housing stock (Hills 2007).

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Table 2.2: UK Local Authority Stock Transfers 1988 – 2005

Source: Mullins and Murie (2006)