Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
28th October 2015 Update
POLICY ISSUES IN HOUSING LAW
Lettings to Migrants in the Private Rented Sector
As
part of the staged implementation of the Immigration Act 2014, since 1
December 2014 private landlords and letting agents in Birmingham, Dudley,
Sandwell, Walsall and Wolverhampton have been required to check that new
tenants have the right to reside in the UK before offering a tenancy
(sometimes called the ‘Right to Rent scheme’). In early 2015, the Home
Office commissioned independent research to measure the extent to which
the scheme had any impacts in terms of racial discrimination. For the
research report, published on 20 October 2015,
click here On the same day the Home Office also published
an evaluation report covering the more general impact on landlords,
letting agents, tenants and the housing market. For a copy of that report,
click here In the light of these reports, the UK
Government has announced that from 1 February 2016, all private landlords
in England will have to check new tenants have the right to be in the UK
before renting out their property. For the announcement,
click here
Housing & Health Resource
The Chartered Institute of Environmental Health (CIEH), with support from
Public Health England (PHE), has launched a new website to help
environmental health practitioners identify poor housing and improve
conditions. The on-line resource provides easy access to topical
information on the links between housing and physical/mental health. To
access the new website,
click here
Finding a Housing Lawyer/Adviser
Time is running out but there is still time to secure your place!
ASB & Social
Housing Conference 2015
London
This year’s programme in outline:
-
Hoarding and ASB
-
The Ultimate Sanction: Loss of the Home
-
The new “Part 1” ASB Injunctions: 8 months on
-
The other Tools in the Toolkit in action
-
Gang related ASB
-
Dog related ASB
- Q&A session : your chance to ask questions of the experts
A truly
exceptional speaker line-up: Jan Luba
QC
(Garden Court chambers) ♦
Peter Marcus,
barrister, Zenith Chambers ♦ Matthew Wilson, Clark Willmott
Solicitors ♦ Caroline Cowley, Owen White Solicitors ♦ Michael Owen, Capsticks
Solicitors LLP
For this
year’s programme in detail and full speaker profiles
click here
HOUSING LAWS IN THE PIPELINE
Housing and Planning Bill
This UK Government Bill was announced in the Queen’s Speech on 28 May 2015
and was published on 13 October 2015. 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 has been 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 was published on 9 July 2015. It makes provision
about: (1) the benefit cap; (2) social security and tax credits; (3) loans
for mortgage interest; and (4) social housing rents. It had its Second
Reading in the House of Commons on 20 July 2015 and has now completed its
Commons Public bill Committee Stage. For the Bill, as amended in
Committee,
click here
For the explanatory notes,
click here To follow the progress of the Bill,
click here. For the documents relating to the Bill
(including several impact assessments),
click here The written evidence, received by the Committee
which reviewed the Bill, has all now been published. For the evidence
papers,
click here and scroll down
For the official records of the Committee debates,
click here For the
Memorandum to the Joint Committee on Human Rights from the UK Government
about the Bill,
click here
Immigration Bill
This UK Government Bill was published on 17 September 2015. Clauses 12-15 address residential tenancies. They would create four new offences to target those landlords and agents who deliberately and 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 The Commons Second Reading was completed on 13 October 2015. To follow the progress of the Bill, click here The Bill has now entered its Commons Public Bill Committee Stage. For the schedule of evidence meetings and debates for that Committee, click here The Committee is expected to consider the housing-related provisions tomorrow (29 October 2015).
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
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
The Communities, Equality and Local Government Committee has completed its
examination of the Bill and has made 37 recommendations. The Bill has now
completed its Committee Stage in the Assembly (Stage 2) For the amendments
that were marshalled for discussion in Committee,
click here and scroll to the foot of the webpage. Stage 3
commenced on 9 October 2015. Stage 3 consideration will take place in
Plenary on 10 November 2015 to consider amendments to the Bill (as amended
at Stage 2). The deadline for tabling amendments is Tuesday 3 November
2015.
Housing (Amendment) Bill
This is a Bill introduced in the Assembly on 30 June 2015 by the
Northern Ireland Executive. It would make provision for the better sharing
of information relating to empty homes or to anti-social behaviour and
provide for the registration of certain loans as statutory charges. For a
copy of the Bill,
click here For the explanatory memorandum (listed under
‘All associated documents and links’),
click here For
a commentary on the Bill,
click here The Bill has been referred to the Committee for
Social Development which has responsibility for the Committee Stage of the
Bill. For further details of that stage,
click here . To read the evidence submitted to the
Committee,
click here To follow progress of the Bill,
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
Local Government Finance (Tenure Information) Bill
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.
It had a First Reading on 24 June 2015 and its Second Reading is scheduled
for 30 October 2015. For details on the progress of the Bill,
click here
Crown Tenancies Bill
This is a Private Members Bill introduced by Mark Pawsey MP. It would
provide that Crown tenancies (mainly of properties owned by Government
Departments) may be assured tenancies for the purposes of the Housing Act
1988, subject to certain exceptions, and would modify the assured
tenancies regime in relation to certain Crown tenancies (including by
provision of a new ground for possession).
It had a First Reading on 24 June 2015 and its Second Reading had
been scheduled for 11 September 2015 but was objected-to and has now been
put back to 6 November 2015. For a copy of the Bill,
click here For the Explanatory Notes,
click here For
details on the progress of the Bill,
click here For the House of Commons Library Briefing note
that has been prepared for the Second Reading,
click here
NEW HOUSING CASES
Khalikova v Azerbaijan
22
October 2015
The
applicant owned a flat in a block of flats. The local council declared
that a park would be established in the area by the removal of residential
and non-residential buildings. Council officers told residents to leave,
sell their properties and receive compensation. The applicant declined the
offer and stayed in her flat. On 19 November 2010, the applicant’s
building was surrounded by council employees and police officers. They
ordered her to open the door. The applicant refused to do so, saying that
there was no court order for her eviction. Following the applicant’s
refusal, they broke down the door and entered the flat. The applicant
asked them to leave her flat immediately but they refused to do so. The
flat was wrecked and a few days later the block was demolished. The
European Court of Human Rights held that there had been a serious breach
of the applicant’s right to respect for her home (Article 8), It said:
“there was no legal basis for the police intervention of 19 November 2010
and that the applicant’s forced eviction from her flat was not based on a
court decision or any other legal precept. In this connection, the Court
considers it necessary to emphasise that the practice of forcibly evicting
an individual from his or her home by the police force without any legal
basis is not compatible with the rule of law in a democratic society
respecting the fundamental rights and freedoms guaranteed under the
Convention.” It awarded 15,000 euros for her non-monetary loss. For the
judgment,
click here
Health and Safety Executive v Blankney Estates Ltd
21
October 2015
The
defendant, Blankney Estates Ltd, was the landlord of a tenanted property.
It commissioned work to remove an asbestos-lagged tank. The asbestos was
deteriorating. In the course of the work, the tenant’s family was exposed
to dangerous levels of asbestos dust. At Lincoln Crown Court, the company
pleaded guilty to breaching section 3(1) of the Health and Safety at Work
etc Act 1974 by failing to take reasonable steps to ensure that the
premises were safe and to ensure that the work to remove the tank was done
safely. It was fined £50,000 with £20,000 costs.
The tank removal work was dealt
with by plumbing company Michael Grace Ltd and by Adam and John Thurlby,
directors of demolition company ART Dismantling Co Ltd. All three pleaded
guilty to offences under the Control of Asbestos Regulations. The two
individual defendants were each fined £12,500 with £7,500 costs. Michael
Grace Ltd was fined £10,000 and £5,000 costs. For details of the
prosecution,
click here
Fazia Ali v United Kingdom
20
October 2015
The
applicant was a homeless person owed the main housing duty by Birmingham
Council. A dispute arose as to whether she had received a letter offering
her council accommodation. A reviewing officer was satisfied that the
letter had been sent and there was no reason why the applicant would not
have received it. On an appeal to the county court, the judge declined to
hear evidence about whether the letter had been received, holding that the
question was one of fact (not law). The Court of Appeal and Supreme Court
dismissed appeals from that decision. Ms Ali complained to the European
Court of Human Rights that there had been an infringement of her right to
a fair trial in determination of her civil rights (Article 6) . The court
held that the right to housing assistance under Housing Act 1996 Part 7
was a “civil right”. The legislative scheme, by virtue of which the
applicant, as a homeless person, derived her “civil right” to be provided
with accommodation, afforded her the opportunity of a fact-based review
and then appeal to the courts. That
was adequate protection as regards the judicial “determination” of that
“civil right”. For the judgment,
click here
Birmingham Council v Ayoub Yakoob and Mohammed Shehzad (aka Ashsard Khan)
19
October 2015
Council
officers inspecting a tenanted but unlicensed HMO found that the fire
alarm wasn’t working, the smoke detectors were missing, there were no
notices indicating the escape route, and there was a hole in the ceiling
of the main escape route which prevented it from being fire resistant for
the statutory 30 minutes. In
addition the self-closing devices for the fire doors were defective or
missing, the chimney breasts had been removed and the chimney was not
adequately supported, walls were left unplastered and rooms covered in
plaster dust, mould was growing in a bedroom, one of the bathrooms had
been removed, the front door could not close, and building rubble had been
left in the rear yard. At Birmingham Magistrates’ Court, the property
owner, Mr Yakoob, was fined £6,400, with £3,696 costs and a £120 victim
surcharge, on pleading guilty to failure to obtain an HMO licence. The
property agent, Mr Shezad, was fined £450 with £150 costs and a £20 victim
surcharge on pleading guilty to nine breaches of the HMO management
regulations. For details of the prosecution,
click here
Islington Council v Andrew Costi Panayi
16
October 2015
The
defendant was a private landlord with a significant letting portfolio. He
let a basement room in breach of planning controls and the council served
an enforcement notice relating to the unauthorised use. In June 2015, the
defendant pleaded guilty to breach of the planning enforcement notice and
the case was transferred to the Crown Court for sentencing. Blackfriars
Crown Court imposed a fine of £2,000 with costs of £15,900. A confiscation
order of £70,000 was made in relation to the profits gained from renting
the basement flat. For details of the prosecution,
click here For media coverage
of the case,
click here
Health and Safety Executive v Ashby Bedeau
14
October 2015
The
defendant was a private landlord. In February 2015 his tenants felt unwell
and contacted the gas helpline. An engineer attended and stopped the
property’s gas supply because carbon monoxide was found present. He
advised the tenants to go to hospital. The gas hob was defective. British
Gas capped off the hob as immediately dangerous. The defendant had a gas
hob, gas cooker and boiler under contract from a gas provider. However, he
had not had the hob gas safety checked in January 2015. At Luton
Magistrates’ Court, the defendant pleaded guilty to breaching regulation
36(2)(a) of the Gas Safety (Installation and Use) Regulations 1998 and was
fined £265 with costs of £845. For details of the prosecution,
click here
Vrountou v Cyprus
13
October 2015
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HOUSING LAW CONSULTATIONS
Renting Social Housing
On 9 October 2015, the UK Government launched a consultation on two
features of its proposals (the ‘pay to stay’ policy) for higher income
tenants in social housing to pay market rents. Firstly, it proposes a
system of ‘tapers’ that would tie rent levels more closely to income.
Secondly, it asks for views on the potential administration costs. For the
consultation paper,
click here Responses are due by 20 November 2015.
Rentcharges
NEW HOUSING LAW ARTICLES & PUBLICATIONS
London homeless removals stretching neighbouring towns
Laurence Cawley and Matt Precey [2015]
BBC News Story 22 October. To
read the article,
click here
The lowest rung of the housing ladder?
Dominic Hurst 2015]
BBC News Magazine 20 October. To read the article,
click here
Forced council house sales in the housing bill John Bibby [2015] Shelter Policy Blog 19 October. To read the article, click here
Selecting the right way to communicate with your tenants
Paul Francis [2015] NHF Blog 21
October. To read the article,
click here
Uncertain outcomes
(commentary on Guerroudj v Rymarczyk)
Rachel Willmott [2015]
151 Family Law Journal
(Nov issue) p12. For the article,
click here
No one asked social tenants if they want right to buy or lower rent
Jenny Osbourne
[2015] Guardian Housing
Network 20 October. To read the article,
click here
The Tory policy that encourages people to work less hard or lose their
home
Dawn Foster
[2015] Guardian Housing
Network 23 October. To read the article,
click here
Britain’s dysfunctional housing market: a European comparison
Thomas Aubrey [2015] Policy Network
20 October. To read the article,
click here
THE HOUSING LAW DIARY
30 October 2015
House of Commons Second Reading of the Local Government Finance (Tenure Information) Bill
(see Housing Laws in the pipeline above)
4 November 2015
Close of consultation on ‘Rentcharges’ (see Housing Law Consultations, above)
6 November 2015
House of Commons Second Reading of the
Crown Tenancies Bill (see Housing Laws in the pipeline above)
13 November 2015
Lime Legal's
ASB & Social Housing Conference 2015 in London. For
details click here
20 November 2015
Close of consultation on ‘Pay to Stay’ policy details (see Housing Law Consultations, above)
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.
Applications by CV and covering letter to Coral Joyce, Human
Resources Manager, at Bank House,
No Agencies please
Vacancy for Housing Options Officer with Three Rivers District Council
Part Time 16
to 21 Hours per week
Salary: £25,440 to £29,558 plus £824 Fringe
Weighting allowance p.a. (pro-rata)
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.
(please
note CV’s will not be accepted.)
For an informal discussion please
contact Hannah Morris on 01923 776611
Applicants selected for an interview will normally be notified
within one month of the closing date, and invited for an interview.
Unfortunately, due to the administrative costs involved, it will not be
possible to notify those not selected for interview.
Closing Date: Sunday 15th November 2015 at midnight.
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.
Email
details of your vacancies (including the closing date for applications) to
info@limelegal.co.uk or call us
on 01249 701555.
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Legal's Housing Law Week
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