Lime
Legal's General Editor: Jan Luba QC |
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4th November 2015 Update |
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POLICY ISSUES IN HOUSING LAW
Housing, Equality and Human Rights
On
30 October 2015, the Equality and Human Rights Commission published its
statutory five-yearly report on equality and human rights progress in
England, Scotland and Wales called
Is Britain Fairer? For a copy of the full report,
click here
For the specific evidence paper
dealing with Adequate Housing,
click here
Housing Rights
On
16 October 2015, the United Nations’ Committee on Economic, Social and
Cultural Rights asked the UK Government to “provide concrete information
on how the current housing policies and welfare reform are contributing to
address the housing deficit”. For the request,
click here
Social Landlords
On
30 October 2015, the Office for National Statistics made a classification
announcement on Private registered
providers of social housing in England which re-classifies PRPs as
public sector bodies. It follows
a review undertaken to establish whether PRPs should continue to be
recorded as Private Non-Financial Corporations in ONS economic statistics
or if the recording should change following legislative and regulatory
changes under the Housing and Regeneration Act 2008 (HRA 2008). The ONS
concluded that PRPs are public, market producers and as such they will be
reclassified in ONS economic statistics. This classification applies with
effect from 22 July 2008; the date of commencement of the HRA 2008. For
the announcement,
click here For the initial response of the National
Housing Federation,
click here For the CIH response,
click here For media comment,
click here
The Commons Select Committee on Communities & Local Government has
published a new research paper on the Right to Buy (RTB):
The
Impact of the Existing Right to Buy and the Implications for the Proposed
Extension of Right to Buy to Housing Associations. It found that 1.8
million properties in England were bought under the RTB between 1980/81
and 2013/14. The number of dwellings owned by local authorities in England
declined from 5.1 million in 1980 to 1.7 million in 2014. The total
capital receipts from RTB sales up to 2010/11 amounted to around £45
billion. For the full research paper,
click here
At 2.30pm today (Wednesday 4
November 2015) the Committee will take oral evidence on ‘The Housing
Association sector and the Right to Buy’. For more detail on the
Committee’s inquiry on that issue,
click here
Letting Agents
The 2015 Interim Report from the Property Ombudsman contains a useful
collection of case studies on complaints against agents in respect of
lettings. For a copy,
click here
Housing Casework: Issues for MPs
An
initiative by the housing lawyers’ organisation HLPA has produced a
programme of training and information sessions for caseworkers who are
assisting London constituency MPs with housing problems. For the schedule
of remaining dates this month,
click here
Gas Safety in Housing
On
18 October 2015, the Sunday Times published a news item on the large
number of Ministry of Defence homes which have not had an annual gas
safety check but are let to service personnel. For the material on which
the article was based,
click here For the article,
click here
Help for Rents through Universal Credit
On
29 October 2015, the Department for Work & Pensions (DWP) invited
expressions of interest from social landlords willing to join the Trusted
Partner Pilot to help Universal Credit tenants manage their rent. The
pilot will test how Universal Credit claimants can be better supported
towards managing direct payment of their rent to their social landlord.
Expressions of interest must be submitted by noon on Friday 13 November
2015. For more details,
click here
Homelessness
The latest statistics for London boroughs show that during July -
September 2015 there were 376 people who were deemed to be living on the
streets of the capital. For the full figures and commentary,
click here
Private renting in the UK
On
29 October 2015, the Office for National Statistics published the latest
figures on rising rents in the UK. They show that private rents paid by
tenants in Great Britain rose by 2.7% in the 12 months to September 2015.
They grew by 2.8% in England, 1.6% in Scotland and 0.5% in Wales. They
increased in all the English regions over the year to September 2015, with
rents increasing the most in London (4.1%). For the full figures,
click here
Service Charges in Social Housing
The National Housing Federation has published a 2015 edition of
Service charges: a guide for housing
associations. The guide supports the planning and delivery of service
charges, from strategy and scheme development to consultation and
accounting. For purchase details,
click here
Housing Work on Legal Aid
From Sunday 1 November 2015, use of the latest versions of Legal Aid
Agency (LAA) standard forms became mandatory for legal aid lawyers and
advisers. These include new versions of the CIV APP8 on which to seek
amendments and the CIV CLAIM 1 by which to claim payment. For the new
forms,
click here
Finding a Social Housing Lawyer
On
29 October 2015, Chambers & Partners published their latest (2016)
directories on solicitors and barristers in the UK. For each profession
there is a Social Housing category. To find their rankings for solicitors
doing this work,
click here For
barristers,
click here
Finding a Housing Lawyer/Adviser
The GOV.UK web service provides a dedicated portal to help members of the
public find a Housing solicitor or adviser. Results are sorted by
geographic location and then by proximity. Click “Housing” under the
“Category of Law”. To access the portal,
click here
Members of the public wanting to go direct to a
barrister can use the Advanced Search facility to get the “Housing”
category for barristers by
clicking here For an updated alphabetical list of
solicitors’ firms and advice agencies undertaking legal aid and Housing
work,
click here
Housing Benefit
So
far this year, the DWP has issued
a dozen Housing Benefit Adjudication Circulars to local authorities. For the complete collection,
click here
Housing Benefit Subsidy
On
9 November 2015, the Income-related
Benefits (Subsidy to Authorities) Amendment Order 2015 takes effect.
It sets the level of subsidy payable to local authorities in respect of
housing benefit which they have paid in the 2014/15 financial year and
provides funding for participating authorities to carry out activities
with a view to reducing fraud and error in relation to the payment of
housing benefit. For the new order,
click here
For the explanatory memorandum,
click here
Private Renting in Wales
On
22 October 2015, the Minister for Communities and Tackling Poverty
announced that the Housing (Wales) Act 2014 provisions relating to private
landlords will take effect from 23 November 2015. For the announcement,
click here
For details of the new scheme, to be known as Rent Smart Wales,
click here From 23 November 2015, the Licensing Authority
for Wales, Cardiff Council, will have in place the Rent Smart Wales team
and the website and helpline will be ‘live’. Landlords who need to
register, and landlords and agents who need to become licensed, will be
able to register and apply for a licence. They will have 12 months in
which to comply with the new legislation. After that, penal sanctions take
effect. For the commencement order,
click here
Right to Buy in Wales
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Book your place now before it’s too late!
ASB & Social
Housing Conference 2015 This year’s programme in outline:
A truly
exceptional speaker line-up: Jan Luba
QC
(Garden Court chambers) ♦
Peter Marcus,
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Solicitors ♦ Caroline Cowley, Owen White Solicitors ♦ Michael Owen, Capsticks
Solicitors LLP
Click here for the brochure (including order form) |
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HOUSING LAWS IN THE PIPELINE
Housing and Planning Bill
This is a UK Government Bill about social and private rented housing,
estate agents, rentcharges, planning and compulsory purchase. For a copy
of the Bill, which only applies to housing in England,
click here For the
Explanatory Notes,
click here To
follow the progress of the Bill,
click here The
Second Reading of the Bill was scheduled for
Monday 2 November 2015. For the House of Commons Library Briefing
Paper for Second Reading,
click here The official Impact Assessment of the Bill is
also now available. For a copy,
click here For the CIH briefing on the Bill (members
only),
click here For the Local Government Association’s
briefing,
click here For
a summary from Citizens Advice,
click here
Welfare Reform and Work Bill
This UK Government Bill makes provision about: (1) the benefit cap; (2)
social security and tax credits; (3) loans for mortgage interest; and (4)
social housing rents. It has completed all its House of Commons stages and
now begins its passage through the House of Lords. For a commentary of the
final Commons Stage,
click here Second reading is scheduled for
Tuesday 10 November 2015 in the
Lords. For the Bill, as amended in
the Commons,
click here
For
the Explanatory Notes for that version of the Bill,
click here
To follow the progress of the Bill,
click here. For the documents relating to the Bill
(including several impact assessments),
click here
Immigration Bill
This UK Government Bill would create four new offences to target those
landlords and agents who repeatedly fail to comply with the ‘right-to-rent
scheme’ by letting to tenants subject to immigration restrictions or fail
to evict tenants who they know or have reasonable cause to believe are
disqualified from renting as a result of their immigration status. For a
copy of the Bill,
click here For
the Explanatory Notes on Clauses,
click here
For the official Impact Assessment,
click here
To follow the progress of the
Bill,
click here The Bill is now completing its Commons Public
Bill Committee Stage. For the schedule of evidence received, meeting dates
and debates for that Committee,
click here
Private Housing (Tenancies) (Scotland) Bill 2015
This is a Government Bill introduced in the Scottish Parliament on 7
October 2015. For a copy of the Bill, the Explanatory Notes and related
official documents,
click here For the final Business and Regulatory Impact
Assessment on the Bill,
click here
For the Children’s Rights and Wellbeing Impact Assessment on the Bill,
click here
For the final Equality Impact Assessment for the Bill,
click here the Committee considering the Bill has issued a
call for written evidence to be submitted by
19 November 2015. For the details,
click here
Houses in Multiple Occupation Bill
This is a Bill introduced in the Assembly on 7 September 2015 by the
Northern Ireland Executive. It
would make provision for and in connection with the licensing of houses in
multiple occupation in Northern Ireland. For a copy of the Bill,
click here For the explanatory memorandum,
click here
To follow the progress of the Bill,
click here
Homes (Fitness for Human Habitation) Bill
This is a Private Members Bill introduced by Karen Buck MP. It would amend
the Landlord and Tenant Act 1985 to require that residential rented
accommodation is provided and maintained in a state of fitness for human
habitation. For a copy of the Bill,
click here
It had its Second Reading on 16 October 2015 but was talked-out.
For the debate, click here For details on the (unlikely) future progress
of the Bill,
click here For a lawyer’s commentary on its content,
click here For the
Shelter Blog on the Bill and its importance,
click here For a commentary from Dr Stephen Battersby,
click here For the House of Commons Library Briefing on
the Bill,
click here
This is a Private Members Bill introduced by Dame Angela Watkinson MP. It
would amend the Local Government Finance Act 1992 to make provision for
collecting information about tenure and the details of private landlords.
For a copy of the Bill,
click here
It
had a First Reading on 24 June 2015 and its Second Reading was
re-scheduled for 2 November 2015.
For details on the progress of the Bill,
click here
Crown Tenancies Bill
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NEW HOUSING CASES
Jewelcraft Ltd v Pressland
29
October 2015
The
tenant held a 99 year lease of premises consisting of a ground floor
purpose-built shop with residential accommodation on the floor above. The
tenant sought to exercise the right to enfranchise the lease which was
available if the building was a "house". That “includes any building
designed or adapted for living in and reasonably so called”: Leasehold
Reform Act 1967 section 2(1). A judge held that the building was not a
house. The Court of Appeal reversed that decision. There was no warrant
for distinguishing between similar types of building solely on the basis
of their external appearance or their internal layout. For the judgment,
click here
Reading Council v Hafiz Mohammed Gulfraz
28
October 2015
The
defendant was a private landlord. Officers found a number of health and
safety hazards at his property including excess cold due to the gas
central heating system being disconnected on one of the coldest weeks of
the year. They decided there was an imminent risk of harm if the tenants
were to remain living in the property and an emergency Prohibition Order
was served. In addition, the property had not been licensed as a house in
multiple occupation, even though there were five tenants living there. The
defendant was charged with 12 offences including failing to ensure that
the fire alarm and emergency lighting were maintained in good working
order and intentionally depriving tenants of heat and light supply. The
defendant pleaded guilty to having control of a house in multiple
occupation without a licence, breach of an emergency prohibition order,
and intentionally disrupting the gas and electricity supply to the
property as well as other safety breaches. He was fined £20,000 with
£3,343 costs and a victim surcharge of £120. For details of the
prosecution,
click here
Samuels v Birmingham City Council
27
October 2015
Ms
Samuels had been an assured shorthold tenant. Her rent was £700pm. She
received housing benefit of £548.51pm, leaving a shortfall of £151.49pm.
She fell into rent arrears, as a result of which she was given
notice to leave. When she applied as homeless, the council decided that
she had become homeless intentionally. It considered that her property had
been reasonable for her to continue to occupy. It had been affordable. The
loss of it was the result of her deliberate act in failing to pay the
shortfall. A judge dismissed her appeal. The Court of Appeal dismissed a
second appeal. The reviewing officer had not erred in taking account of
other benefits and tax credits that Ms Samuels was receiving when
determining whether she could afford the rent. For the judgment,
click here
Swindon Council v Javaid Lone
23
October 2015
The
defendant had converted adjoining houses into a single property with
multiple bed-sitting rooms, shared kitchens and bathrooms. He allowed at
least 15 tenants to rent rooms in the property. He even
moved one tenant into a converted bathroom while putting up an illegal
structure in the living room to provide yet another bedroom. A council
inspection discovered a string of problems including failure to provide
adequate fire exits, covered smoke alarms, dangerous electrical wiring and
unhygienic communal spaces. At Swindon Magistrates' Court, the
defendant pleaded guilty to 13 breaches of housing regulations. He was
fined £16,650 with £1,500 costs. For details of the prosecution,
click here
CE
v Maldon District Council
20
October 2015
The
claimant rented a house from her son. She had been in a hospice and had
been discharged to her new home at the house with a full care package for
end of life care. The council decided that housing benefit could not be
paid because the tenancy was a non-commercial arrangement. That decision
was upheld on appeal by a first-tier tribunal. The Upper Tribunal allowed
an appeal and remitted the case for reconsideration. The judge said that
“a letting may still be commercial even if it is one that the landlord
would only contemplate with a relative or close friend.”
For the judgment,
click here
Hillingdon Council v Darshan Kingra
19
October 2015
The
defendant was a private landlady. The council's private sector housing
team had prosecuted her in May 2011 for operating an unfit house in
multiple occupation. She was later prosecuted again for breaching planning
legislation. After failing to comply with two planning enforcement
notices, she was found guilty in May 2015, resulting in a fine of £7,500
with costs of £2,500. Following the prosecution, she still failed to
demolish the illegal ‘bed-in-shed’ on her property. The council's planning
enforcement team took action to demolish it on 19 October 2015. For
details of the council’s action,
click here
CB
v Manchester City Council and the Secretary of State for Work and Pensions
15 October 2015
The claimant was a council tenant on housing benefit.
Refurbishment work converted his home from a one bedroom flat into a two
bedroom flat. The council agreed: (1) that he should continue to pay the
rent assessed on a one bedroom basis; and (2) it would make-up any
shortfall in his benefit caused by the ‘bedroom tax’. His housing benefit
was reduced on the basis that he had a spare bedroom. An appeal was
dismissed by the first-tier tribunal. A further appeal to the Upper
Tribunal was dismissed because no error of law had been made. For the
judgment,
click here
Gloucester City Council v Asif Cassim
12 October 2015
The defendant was a private landlord. He was served
with a Prohibition Order preventing his property from being let to anyone
due to its dangerous condition. He was prosecuted for continuing to let
the property. At Cheltenham Magistrates, he was ordered to pay fines
totalling £1140. For more details,
click here
Leicester City Council v Vincent and Jennifer Powdrill
9 October 2015
The council was satisfied that the defendants were
running an unauthorised car repair business from their house, causing
nuisance and annoyance to other residents. In 2013, it obtained an
injunction to prevent the business continuing. The council claimed that
the injunction had been breached. At Leicester County Court, both
defendants admitted 24 separate breaches over an 18-month period. Mr
Powdrill was given a three-month prison sentence, suspended for 12 months.
The injunction was continued and the couple were ordered to pay costs of
£6000. For details of the council’s action,
click here
BR
v VT
2 October 2015
The matrimonial home of a formerly wealthy couple was
held in the husband’s sole name. They separated. He moved out. He then
applied for an order that would have the effect of terminating his wife’s
occupation rights so that he could sell with vacant possession. He asked
that the order be made on an interim basis, pending settlement of the
ancillary relief proceedings. The judge made the orders and said “There is
no alternative but that the home must be sold as soon as possible, and for
this purpose the wife's home rights must be terminated. Only in this way
can the pressing debts, most importantly to HMRC, be paid and the revenue
deficit eliminated. The future housing of the parties will have to be in
rented accommodation. I have seen particulars of 3 bedroom flats in
reasonable areas costing around £2,500 per month. The husband's net income
is just sufficient to pay for two flats as well as to pay the school fees
and to support himself, the wife and the children. The effect of my order
is to impose financial sanity on this family. That is needed for the
health, safety and well-being of the parties and their children as the
alternative is insolvency with all the psychological damage that that
entails”. For the judgment,
click here
Liverpool City Council v NM and WD
24 September 2015
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HOUSING LAW CONSULTATIONS
Renting Social Housing
Rentcharges
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NEW HOUSING LAW ARTICLES & PUBLICATIONS
Recent Developments in Housing Law
Jan Luba QC & Nic Madge [2015]
November issue of Legal Action magazine. Available in print and
on-line for Legal Action subscribers. To read the
article on-line,
click here
For back-issues of this series
of articles,
click here
Government plans to scrap lifetime security of tenure for social housing
tenants
Jon Stone [2015] The Independent
29 October. To read the article,
click here
Case study: client saved from eviction Anne Killeen [2015]
Z2K Blog 22 October. To read the article,
click here
Panacean Payments: The Role of Discretionary Housing Payments in the
Welfare Reform Agenda
Jed Meers (forthcoming in the
Journal of Social Security Law). To read the article,
click here
Dozens of migrant workers found living in 'Dickensian' conditions in east
London
Laura Proto [2015] London Evening
Standard 20 October. To read the article,
click here
Housing associations are seeing tenants move from exclusion to real
poverty
Kim Thomas [2015] Guardian Housing
Network 27 October. To read the article,
click here
Social housing: future, what future?
Kate Webb [2015]
Shelter Housing Policy Blog 30 October. To read the article,
click here
When can I serve a valid s21 notice? Giles Peaker [2015]
Anthony Gold Blog 21 October. To watch the presentation,
click here
Soaring cost of renting means a third of people ‘want to leave London'
Pippa Crerar [2015] London Evening
Standard 22 October. To read the article,
click here
Housing associations can help keep refugees off the streets
John Perry [2015] Guardian Housing
Network 29 October. To read the article,
click here
This cowboy job is no way to fix our housing crisis
Rowan Moore [2015] Guardian Housing
25 October. To read the article,
click here
The Benefit Cap: hurting homeless families Kevin Garvey [2015]
Shelter Housing Policy
Blog 23 October. To read the
article,
click here
New Lords showdown over right-to-buy threat to rural areas
Henry Zeffman and Toby Helm [2015]
Observer 31 October. To read the article,
click here
Councils strike deal on out-of-London homeless moves
Heather Spurr [2015] Inside Housing
26 October. To read the article,
click here
This move into the public sector could signal the end for housing
associations
Colin Wiles [2015] Guardian Housing
Network 30 October. To read the article,
click here
'I felt out of control with my finances, stuck at home having panic
attacks'
(budgeting difficulties for social housing
tenants)
Louise Tickle [2015]
Guardian Housing Network 28 October. To read the article,
click here
What do home businesses mean for landlords? Elizabeth Dwomoh and Richard Hayes
[2015] Solicitors Journal 27
October. To read the article,
click here
Arnold v Britton and commercial common sense
John De Waal [2015]
Solicitors Journal 27 October. To read the article,
click here
The highs and lows of shared ownership
Roberta Organ [2015]
Solicitors Journal 27 October.
To read the article,
click here
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THE HOUSING LAW DIARY 4 November 2015 4/5 November 2015 6 November 2015 10 November 2015 10 November 2015 13 November 2015 13 November 2015 20 November 2015 23 November 2015
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RECRUITMENT
Vacancy for Housing
Solicitor / Case worker
Moss & Co Solicitors
Requirements:
Applicants must have at least one
year’s experience of Legal Aid Housing work.
This is a permanent position working in our Social Welfare Law
Department.
The successful applicant will already have experience of defending
possession proceedings, be familiar with the law and procedure in respect of
homelessness and disrepair as well as unlawful evictions..
A working familiarity with the Legal Aid Agencies on line CCMS
would be an advantage.
We have established a reputation for excellence in housing work for over 20
years. The successful applicant will be expected to maintain consistently
high standards in their work and to show commitment to our tenant based
housing law practice.
Apply to:
Telephone: 0208 986 8336.
Moss & Co. is an equal opportunities employer.
Salary:
According to relevant Housing Law experience.
Closing date:
5th November 2015.
Housing
Solicitors/Caseworkers
Edwards Duthie is a large, well respected firm with a number of offices in
East London and
Our Community Law Team has expertise in all areas of social welfare law,
including housing & debt, welfare benefits, community care and mental
health. The team has a
particularly strong reputation for housing law The team holds Housing
Possession Court Duty Scheme contracts with the Legal Aid Agency at Bow,
Edmonton and Romford County Courts.
We now wish to recruit experienced
housing caseworkers or solicitors to join our Community Law Team.
Successful applicants will have a sound knowledge of housing law and
litigation and ideally will have experience of acting as a duty advisor
under the LAA’s Housing Possession Court Duty Schemes.
We have dedicated Human Resources, IT and Facilities Teams to develop and
support all of our legal teams.
Salary according to experience.
Vacancy for Housing Options Officer with Three Rivers District Council
Three
Rivers District Council is looking to recruit an enthusiastic professional
to join the Housing Needs team providing housing advice to customers,
preventing homelessness and as required making decisions under the
homelessness legislation for customers approaching our Housing Needs
service.
ARE YOU RECRUITING?
If so,
make sure your recruitment opportunities come to the attention of
outstanding candidates – FREE
Take
advantage of the Housing Law Week free Recruitment service. |
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