Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
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11
March 2015 Update
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HOUSING LAW NEWS
Policy
Issues in Housing Law
Housing
cases in court
Significant
increases in court fees in England & Wales, for issuing claims and
taking steps in civil litigation, took effect on 9 March 2015. For the
last minute House of Lords debate about the increases, held on 4 March
2015, click here
Anti-social
behaviour and housing
The
new injunction provisions of Part 1 of the Anti-social Behaviour etc Act
2014 (which replace ASBOs and ASBIs) will come into force on 23 March
2015. For the commencement order, click
here Where the injunction is sought against a person under 18, the
application must be made in the local Youth Court. For the new rules
governing such Youth Court applications, click
here For the new legal aid rules that apply in relation to the new
injunction applications, click
here The House of
Commons Library has published an updated briefing note giving an overview
of the remedies available to social landlords to deal with tenants who
exhibit anti-social behaviour. For a copy, click
here
Private
renting
A
new draft Order proposes broadening the reasons for which a local
authority can designate an area as subject to selective licensing of
private landlords. It would add four additional sets of factors, any one
of which may be satisfied in order to enable selective licensing. These
relate to poor property conditions, current or recent experience of large
amounts of inward migration, areas which have a high level of deprivation,
or areas which have high levels of crime. For the draft Order, click
here For the draft Explanatory Note, click
here The House of
Commons Library has published a briefing note explaining the history and
operation of selective licensing schemes for private rented properties
since local authorities acquired the power to introduce such schemes in
2006. For a copy, click
here
Housing
association tenants
In
an adjournment debate on 6 March 2015, the UK Government confirmed that
council tenants who have been subject to a stock transfer to a housing
association do not have the legal option to reverse the process and vote
to change landlord again. For the debate, click
here
Access
to legal advice on housing
The
Low Commission, which is reviewing
access to legal advice about social welfare law (including housing law),
has published a further follow-up report on what can be done to improve
the position. For a copy, click
here
Homelessness
On
3 March 2015, BBC TV broadcast the programme No place to call home.
It considers the impact of eviction and homelessness on children. To watch
it, click
here Also, the
organisation Homeless Link has published its annual review of support for
single homeless people in England. For a copy, click
here
Help
with housing costs
On
3 March 2015, the House of Commons held a debate about the Work and
Pensions Select Committee report on support for housing costs in the
reformed welfare system. The report dealt with the series of reforms to
housing benefit and other support to meet housing costs that the UK
Government have introduced since 2010. For the debate, click
here For the report of the Welfare Reform Committee on the
cumulative impact of welfare reform on households in Scotland, click
here
Under-occupation
in social housing
The
House of Commons Library has published a briefing note on under-occupation
in the social rented sector. It explains who is affected by the
under-occupation deductions from Housing Benefit (HB) - also referred to
as the ‘spare room subsidy’ or the ‘bedroom tax’ - which were
implemented in April 2013. The note summarises legal challenges to the HB
deductions and the responses by landlords and tenants. For a copy, click
here
Social
housing: direct payments of housing benefit and universal credit
A
new report from the national federation of ALMOs considers whether social
landlords are ready for the rest of the roll-out of Universal Credit. For
a copy of the report, click
here In Wales, a Welsh
Government Task and Finish Group has produced a report on direct payment
of housing benefit in the social rented sector and sustainable tenancies.
For a copy of that report, click
here
Short
term lets in London
On
4 March 2015, the House of Lords debated amendments which introduce
provisions into the Deregulation Bill to relax restrictions on the use of
residential property in London for short term lets. For the debate, click
here For more detail
on the Deregulation Bill, see below.
Gypsies
& travellers
On
25 February 2015, Part 3 of the Housing (Wales) Act 2014 was brought into
force. It makes new arrangements for site provision for gypsies and
travellers in Wales. For the commencement order, click
here
Housing
in Wales
The Welsh Government has published an annual
report with information on empty housing, the number of homes rented to
tenants and the number of social housing tenants who are in rent arrears.
For a copy, click
here
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Housing
Laws in the Pipeline
Housing Ombudsman (Power
to Settle Disputes between Neighbours and Tenants)
This new Private Members
Bill was introduced in the House of Commons on 3 March 2015. It would
provide a discretionary power to enable the Housing Ombudsman to attempt
to resolve disputes between occupants of neighbouring properties in cases
where nuisance is caused by tenants. For the initial debate on the Bill, click
here A second reading has been scheduled for 27 March 2015.
To follow the Bill’s progress, click
here
Household Safety (Carbon
Monoxide Detectors) Bill
This Private Members Bill
would introduce a requirement that a functioning carbon monoxide detector
be installed in all newly built and all rented residential properties. A
second reading has been put back to 27 March 2015. For a copy of
the Bill, click
here For details of
the progress of the Bill, click
here
Private Rented Sector
(Decent Homes Standard) Bill
This Private Members Bill
would require private landlords to ensure that any property they let meets
the requirements of the Decent Homes Standard. It is moved by Conservative
MP Laura Sandys. For her description of the Bill’s proposals, click
here For the debate on
its introduction, click
here For more details
of the Bill itself, click
here The Second Reading had been scheduled for Friday 6 March
2015.
Carers Bedroom Entitlement
(Social Housing Sector) Bill
This Private Members Bill
will now have its second reading debate on 27 March 2015. I
would provide that people in receipt of Universal Credit and Housing
Benefit and accommodated in the social housing sector should be entitled
to an additional bedroom related to caring responsibilities or overnight
care. For a copy of the Bill, click
here For more details
of the progress of the Bill, click
here
Consumer Rights Bill
This is a government bill that relates to housing by: (1) repealing and
replacing laws dealing with unfair terms in tenancy agreements and other
contracts; and (2) requiring letting agents to publish their fees. For
more details about the bill and its progress, click
here The bill has completed its House of Lords stages and the
consideration of Lords Amendments by the House of Commons took place on 12
January 2015. The Commons disagreed with Lords Amendment 12
and have returned the Bill to the House of Lords. The Bill now travels
back and forth between the two Houses, until both agree on the text of the
Bill. A motion to extend the carry-over period of the bill by 67 days
until 30 March 2015 was agreed on 12 January 2015 following the
consideration of Lords amendments. The Bill
was scheduled to receive further Parliamentary consideration on in
the House of Commons on 9 March 2015. If passed, the Act is then
expected to come into force in October 2015. The UK Government is
consulting on the draft guidance it proposes to issue on the new unfair
terms provisions. For the consultation papers, click
here
Deregulation
Bill
This is a UK Government bill that relates to housing by: (1) reducing the
qualifying period for right to buy; (2) removing the power to require
preparation of housing strategies; and (3) amending the law on tenancy
deposits. The bill has completed its House of Lords Committee Stage,
Report Stage and Third Reading. It was scheduled for further consideration
in the Commons on 10 March 2015. For more details about the
bill and its progress, click
here For the
Government amendments passed on 11 February 2015 designed to insert
provisions relating to retaliatory eviction into the Bill (and to achieve
the other changes described above), click
here For the Bill as it appears with the amendments
included, click
here
Renting Homes (Wales) Bill
This
is a Welsh Government bill introduced in the Welsh Assembly. For a copy of
the Bill, click
here
For the Explanatory Memorandum, click
here To monitor the progress of the
Bill, click
here There is a consultation exercise
associated with the content of the Bill, see below.
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NEW
HOUSING LAW CASES
R
(MT) v Oxford City Council
6
March 2015
The
claimant lacked mental capacity. He lived in his family home and received
care from his father. He applied as homeless. The council refused to
accept an application from someone who lacked capacity to enter into a
tenancy and/or to manage a tenancy and understand their obligations under
the tenancy. The High Court
dismissed a claim judicial review. It was bound by R
v Oldham MBC, ex p Garlick (1993). Those who lacked capacity could be
assisted under National Assistance Act 1948 section 21.For more details, click
here
Enfield
LBC v Najim
4
March 2015
Ms Najim lost her private sector tenancy because the landlord declined to
renew it. She applied as homeless. The council decided on review that she
had become homeless intentionally. That was because she had witheld her
rent and that had resulted in the claim for possession against her. A
judge quashed that decision and the council appealed. The Court of Appeal
allowed the appeal. The reviewing officer had made no error of law and was
entitled to find that non-renewal was the reasonable result of the failure
to make payment of rent when due. For commentary on the decision, click
here
R
v Roy Jackson
4
March 2015
The defendant had run a letting agency (Suffolk Letting). He was
imprisoned for fraud for 20 months. His gains from his criminal activities
in operating the business were accepted as being £49,544.57. But at a
Proceeds of Crime hearing only £2,964.27 remaining resources could be
identified. At Ipswich Crown Court, the defendant was ordered to pay that
money by 30 April 2015 or serve a further six weeks in default. For
details of the hearing, click
here
South
Ayrshire Council v Leonardo Ippolito
2
March 2015
Mr
Ippolito was a private landlord, renting out numerous properties in the
council’s area. Inspections revealed that: there were no valid gas
safety certificates at any of the properties; there was inadequate smoke
alarm provision in more than half the properties; almost half the
properties were below the tolerable standard; and every property was in
need of maintenance and repair. Mr
Ippolito had three conviction for operating unlicensed HMOs. The council
decided that he was not a ‘fit and proper’ person to hold a licence to
let in its area. It revoked his licence and refused applications for new
licences. Mr
Ippolito lodged an appeal but at Ayr Sheriff Court, he submitted an
undertaking that he had exhausted his right of appeal and agreed not to
pursue any further action. For more details, click
here
Oxford City Council v Zahid Butt
2
March 2015
The defendant was a private landlord. Council officers found that his
house was occupied by five people but had no HMO licence and they
identified several contraventions of the Management of Houses in Multiple
Occupation (England) Regulations 2006. At Oxford Magistrates’ Court, he
pleaded guilty to an offence under Housing Act 2004 section 72 of failing
to license the HMO. He was fined £6,500 with £1,406 costs. For details
of the prosecution, click
here
Swanbrae
Ltd v Ryder
24
February 2015
In 1994 possession proceedings were settled, on the basis that of the
grant of an assured tenancy. Between 1994 and 2013 notices of increase of
rent given under Housing Act 1988 section 14. They were referred on five
occasions to rent assessment committees and four times the rent was
increased to the market rate. In
2013 the landlord sought a further increase but the First-tier Tribunal
(Property Chamber) struck out the application on the grounds that the
tenancy was still a regulated tenancy under the Rent Act 1977 and not an
assured tenancy. The Upper Tribunal overturned that ruling on appeal.
There had been no evidence before the FTT that prior 1994 the relationship
of landlord and tenant had existed between the current parties. For the
judgment, click
here
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HOUSING
LAW CONSULTATIONS
The Welsh Government has initiated a consultation on the future
of the Right to Buy in Wales. The consultation runs until 16 April 2015.
For the consultation arrangements, click
here
For the consultation paper itself, click
here
The Competition and Markets Authority is seeking views on draft
guidance relating to the new unfair terms provisions of the Consumer
Rights Bill (see above) currently being debated in Parliament. For the
consultation documents, click
here Responses
should be made by 5pm on 30 March 2015.
The Communities, Equality and Local Government Committee of the
Welsh Assembly is consulting on the contents of the Welsh Government’s
Renting Homes (Wales) Bill. For the consultation documents and details, click
here Any submissions should arrive
by
27 March 2015.
The Welsh Government has published its consultation draft of its
new statutory Code of Guidance on Homelessness & Allocations. For
details of the consultation exercise and arrangements for responses, click
here The deadline is 23 March 2015.
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NEW
HOUSING LAW
ARTICLES & PUBLICATIONS
Recent
Developments in Housing Law. Jan
Luba QC & Nic Madge [2015] March issue Legal Action magazine.
Available in print and on-line. To read the article
(subscription needed), click
here
In
the race for specialised housing, will vulnerable residents lose out? Gemma
Joyce [2015] The Guardian Housing Network 3 March. To
read the article, click
here
Housing
affordability ranked as most urgent issue affecting councils Liam
Kelly [2015] The Guardian Public Leaders Network 4
March. To read the article, click
here
How
long should a severely disabled child wait for housing? Stacie
Lewis [2015] The Guardian Disability Network 3 March.
To read the article, click
here
People
hit by council tax support cuts are broke, but the system is broken Dawn
Foster [2015] The Guardian Housing Network 6 March.
To read the article, click
here
What
is the state of support for people who become homeless in England? Helen
Mathie [2015] Homelessness Link Blog 6 March. To read
the article, click
here
Paying
rent in London eats up two thirds of tenants' incomes in some boroughs,
figures show in London. Pippa
Crerar [2015] London Evening Standard 2 March. To read the article,
click
here
Case
Study: the human cost of welfare reform Joanne Phillips [2015] Z2K blog
4 March. To read the article, click
here
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THE HOUSING LAW DIARY
11
March 2015
Supreme Court delivers its judgment in Akerman-Livingstone v Aster
Communities on housing possession and disability discrimination. For
the judgment, click here
12 March 2015
Justice
Select Committee publishes its report on the impact of changes to civil
legal aid made by the Legal Aid, Sentencing and Punishment of Offenders
Act 2012. For details of its inquiry, click
here
17
March 2015
Supreme
Court to hear appeal about out-of-borough placement of homeless
households. For the Court of Appeal judgment, click
here
23
March 2015
New arrangements to replace ASBOs and ASBIs take effect (see above)
Consultation
closes on draft Code of Guidance on Homelessness & Allocations for
Wales (see above)
27
March 2015
Consultation
closes on the contents of the Welsh Government’s Renting Homes (Wales)
Bill (see above)
30
March 2015
Consultation
closes on draft guidance relating to the new unfair terms provisions (see
above)
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RECRUITMENT
Housing
Caseworker / Solicitor / Legal Executive
Location:
Oldham & Rochdale
Salary:
£21,519 - £27849 (qualification bar at £23,708)
Hours:
35 per week
Contract type:
Fixed term until 31/03/2016 (possibility of extension subject to
performance)
An opportunity has arisen within Oldham CAB to become part of the Legal
Advice team providing specialist housing advice across both Oldham and
Rochdale
bureaus. The role will involve providing complex casework along with
representation at local County Courts; there may also be a requirement to
participate in the County Court duty scheme.
Oldham CAB is an equal opportunities employer.
For a job application pack, please email Bridget.Guilfoyle@penninewestcab.org.uk
or telephone 0161 620 9317 ext. 8998
Closing
Date: Monday 23rd March 2015 – midday
Interview
Date: Week commencing Monday 30th March 2015
Housing
Solicitor Vacancy (locum maternity cover)
Greenwich Housing Rights seeks a 3+ years PQE Housing
Solicitor to join its specialist casework team to provide locum maternity
cover.
Fixed-term 9 month contract which will ideally start before 17 April 2015
(possibility of extension)
Experience of running a busy publicly-funded caseload is essential.
Experience of community care and public law will be an advantage.
Salary: £31,000 p.a. + 5% pension contribution
Closing date for applications: 27 March 2015
Apply by email to chris.minnoch@grhr.co.uk
or call 020 8854 8848 to
request an application pack.
For full details click
here
Advertise
your housing jobs at no charge – simply email info@limelegal.co.uk
for
more information.
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Legal's Housing Law Week
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