Optional Extra - November 2006
Welcome to the first edition of Optional Extra. Every month we'll update you about what's happening in the world of housing and disabled people and, of course, at Ownership Options. We'll be covering subjects such as the changes in legislation affecting adaptations, the roll-out of the Homestake homebuyers' scheme and developments in benefits-based mortgage lending for disabled people. Along the way, we aim to highlight cases of good practice as well as examples of the bariers faced by disabled people in their search for decent housing.
We welcome your comments, and suggestions for subjects to be covered in future issues, which can be emailed to optionalextra@ownershipoptions.org.uk. Feel free to forward the newsletter to your colleagues, who can subscribed by emailing us at the address above quoting "subscribe" in the subject line.
Homebuying made simpleCommunities Scotland's Homestake scheme was primarily designed to assist people who faced difficulty affording the purchase of their first home. Successful applicants receive a loan for 20-40% of the cost of their first home which is only repayable when it is sold. Unsuitably housed disabled people applying to the scheme can, however, receive additional support and in particular, they:
Ownership Options has been contracted by Communities Scotland to provide a specialist advice service on disability issues for all Registered Social Landlords (RSLs) participating in the Homestake shared equity scheme. The new service will help registered social landlords to target and in some cases directly help disabled people to purchase homes through the Homestake programme.
Further information about Homestake can be found at the Communities Scotland website.
Ms C has learning difficulties, epilepsy and mobility problems. She could no longer manage the stairs in her privately rented accommodation but her local authority was unable to find suitable ground floor accommodation for her. Her decision to buy through Homestake was made possible by her eligibility for Income Support Mortgage Interest payments. This welfare benefit can repay the interest on a mortgage of up to £100,000. A mortgage of £80,000, combined with a gift of £5,000 from her family and assistance through Homestake with 41% of the cost, enabled her to buy a suitable bungalow nearby to her family.
The right to adapt let propertyFrom December 2006, Section 52 of the Housing (Scotland) Act will give a private sector tenant the right to carry out work to adapt their rented house to meet the needs of a disabled occupant. This right is subject to the landlord’s consent, which cannot be withheld unreasonably, and may be subject to reasonable conditions.
Ownership Options was instrumental in this new right entering law, having ensured it was included as a recommendation in the Housing Improvement Task Force from which the Act originated. The right’s inclusion in the Act led to it being introduced in England and Wales through the Disability Discrimination Act 2005.
The landlord is not expected to incur cost or loss of property value in connection with the works. This means that they can, if they so wish, require that any adaptations are removed from the property at the end of the lease. The new right is not a right to grant to assist; it only gives the right to actually make the adaptation. Tenants requiring grant to facilitate an adaptation will need to approach their local authority private sector grant section for assistance. The Act will, in 2007/8, also bring in right to assistance from local authorities with the reinstatement of a property that has been adapted.
The tenant can appeal to the sheriff against the landlord’s refusal of consent or imposition of conditions. The Equality Act 2006 also gives the Disability Rights Commission the powers to provide assistance to tenants and mediation services in connection with this new right.
The Disability Rights Commission may, in the future, publish a Code of Practice which would provide practical guidance on the interpretation and implementation of these provisions. The Code will also apply to the tenants of social landlords, whose right to adapt (or make any other changes to their property) is contained in the Housing ( Scotland) Act 2001.
In addition to the right to adapt, from 4 th December 2006 landlords will have a duty to make ‘reasonable’ adjustments where it is otherwise ‘impossible or unreasonably difficult’ for a disabled person to enjoy the premises. This duty arises from the Disability Discrimination Act 2005 and applies to:
Reasonable adjustments may include:
Landlords are not expected to make adjustments to the physical features of their existing premises in order to make them accessible. They are also only required to respond to request for adjustments; they do not have to ensure all of their properties, services, etc. are suitable for any disabled person who may walk in the door.
Information sessions for Occupational TherapistsRachel Finlayson, of our Advice & Casework team, has begun a series of talks for occupational therapists about Ownership Options and the issues faced by disabled people when trying to achieve housing which suits their needs.
Over the next 6 – 8 months Rachel will be visiting Occupational Therapy departments across Scotland. The session covers the following topics, and offers an opportunity for informal discussion:
If you have not already been contacted and would like to arrange for Rachel to speak at one of your team meetings, please contact us.
Edinburgh retirement housing guideThinking about …..buying a retirement property? is a guide to private retirement housing in Edinburgh. It has been produced as part of the ongoing partnership between Ownership Options and the City of Edinburgh Council aimed at ensuring the Council can offer the best advice and assistance to their customers in the private sector.
During their work with us, Rhona Cameron and Kirsteen Wishart from the Council had identified a large number of older people who had the funds to buy another, more suitable, property but lacked the information on their housing options. ‘There was a lack of impartial information for those considering private retirement housing’ said Rhona. ‘We hope that the simple advice on what to consider and what’s available will mean older people will be better able to work out their housing options.’ Copies of the booklet may be ordered from Ownership Options or downloaded here.
Homelessness and disabled peopleDisabled people are often ignored in the debate about homelessness, yet Scottish Executive statistics show them to be more than twice as likely to be homeless as non-disabled people. Homelessness legislation clearly covers both those disabled people who have lost their home with no alternative accommodation to go to and also those whose houses are unsuitable for their needs arising from their impairment. More information on this issue can be found in our Review of Homelessness and Disabled People.
Changes at Ownership OptionsThere have been several changes to Ownership Options’ Board of Management following our AGM. Pete Ritchie chaired the Board for its first eight years, before handing over to Stephanie Millar, and has now moved on to spend more time on his organic farm, and consultancy work. Hilary Spenceley, who was appointed to the Board in 1999, took on two spells of duty as Treasurer, before moving away from housing altogether to retrain and work as a counsellor.
Tony Carruthers, from Margaret Blackwood Housing Association, Catherine Garrod from Grapevine, Catriona Macaulay from Dundee University and Jane-Claire Judson have been co-opted to the Board. The experience and knowledge they bring with them will be invaluable.
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