Lime Legal's
Housing Law Week

General Editor: Jan Luba QC

28 January 2015 Update

HOUSING LAW NEWS

Policy Issues in Housing Law

Homelessness

The House of Commons Library has produced updated versions of its two excellent briefing notes on homelessness. For Homeless households in temporary accommodation (England), click here For Homelessness in England, click here 

For the contributions to week’s House of Commons Westminster Hall debate on Youth Homelessness, click here  In reply to the debate, the Minister for Housing said “If a local authority is not placing people in appropriate accommodation, we will challenge it.”


Legal aid for housing cases
The Ministry of Justice has produced a new leaflet for those facing loss of a home because they can't pay their rent or mortgage. It indicates that advice about getting legal aid can be obtained through the Civil Legal Advice service. For a copy of the leaflet, click here  

Housing solicitors are allocated annually the number of new housing cases (‘matter starts’) they can undertake on legal aid.  With only three months of the current financial year remaining, the Legal Aid Agency has issued a new policy on whether legal aid providers can have more if they need them. They will now be able to request or self-grant supplementary matter starts up to 50% of their original allocation. For the new policy statement, click here 


The Law Society continues its work, with consortium partners, to promote what is left of legal aid. For the relevant webpages, click here  


Housing and freedom of information
The provisions of the Freedom of Information Act apply to local authority landlords but not to housing associations. The Scottish Information Commissioner has noted that the effect of stock transfers from councils to associations has been to diminish FoI rights and has called for the Act to be extended to housing associations. For a copy of her report, click here   

Housing benefit
The latest statistics indicate that new housing benefit claims are taking, on average, more than three weeks to process. For the figures, click here  

Housing and anti-social behaviour
The UK Government has published a draft order, for Parliamentary approval, that would enable local authorities to give housing associations the power to issue community protection notices (CPN) and fixed penalty notices under the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act”). For the draft order, click here  For the explanatory memorandum, click here  

Housing and mental health
MIND's new guide to housing and mental health has been published. The booklet is for anyone living with a mental health problem who wants information about housing options. For a copy, click here  

Housing and welfare reform
On 21 January 2015 there was a short House of Commons Debate prompted by the question on the report “Managing the Impact of Welfare Reform Changes on Social Housing Tenants in Wales”. For the debate, click here  

Unlawful evictions by social landlords
Southwark council has completed the internal review of its evictions process triggered by the AA v Sputhwark LBC case. For a copy of the review report, click here

Supported housing accommodation
A new report suggests that every £1 spent on funding supported housing saves the public purse £1.90 in other costs. For a copy of the report, click here   

Gypsies and travellers
The Equality & Human Rights Commission has produced a new research report:  Developing Successful Site Provision for Scotland’s Gypsy/Traveller Communities. For a copy, click here 
 

Housing Laws in the Pipeline  

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. In the course on 12 January 2014 the Minister told the Commons "We are determined to tackle the minority of rogue letting agents...". For the full debate click here Scroll to column 671.

Deregulation Bill
This is a 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 and a date for Report Stage has been fixed for 3 February 2015. For more details about the bill and its progress, click here   For the amendment designed to insert provisions relating to retaliatory eviction into the Bill, click here For a Lords debate on the Bill’s proposal to change controls on lettings in London, click here. For the parallel debate in the Commons, click here 

NEW HOUSING LAW CASES

R (Best) v Chief Land Registrar
21 January 2015
The issue in this case was whether a person could count, towards the accrual of the period necessary to obtain title to land by adverse possession, a period spent committing the criminal offence of squatting in residential property. The Court of Appeal upheld the decision of the High Court that he or she could do so. For the judgment, click here  


Moore & Coates v Secretary of State for Communities and Local Government
21 January 2015
The Minister responsible for planning policy decided that planning appeals concerned with the establishment of gypsy and traveller sites should be ‘recovered’ for central government decision. The High Court held that the practice of recovering all such appeals, or an arbitrary percentage them, was and is unlawful discrimination. The effect of the approach of the Secretary of State was also to breach Article 6 by reason of the delays it caused. For the judgment, click here   

For comment on the case in the Independent, click here

Hussain v Waltham Forest LBC
20 January 2015
A housing association tenant applied to the council as homeless. She said that she was in fear of violence from a neighbour. The council was not satisfied that it was probable that her continued occupation would lead to threatened or actual violence for the purposes of Housing Act 1996 section 177.  The Court of Appeal held that that the phrase "other violence" in section 177 (1) covers not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it may give rise to psychological harm.  The reviewing officer had not applied that test and would need to re-take the decision. For the judgment, click here 

Dear v Secretary of State for Communities and Local Government
19 January 2015
The claimant was a Romany gypsy. Her local council refused her application for planning permission to establish a caravan site on agricultural land in the green belt. A planning inspector dismissed an appeal. The claimant said that the decision was inconsistent with the grant of planning consent for a similar nearby site and that insufficient attention had been given to the best interests of her children. The High Court rejected the assertion that the inspector had erred in law. For the judgment, click here


Rosslyn Mansions Tenants' Association v Winstonworth Ltd
13 January 2015
This decision of the Upper Tribunal (Lands Chamber) sets out the proper approach to be taken to an application to First-tier Tribunal for a certificate of recognition in respect of a tenants' association under Landlord and Tenant Act 1985 section 29. For the judgment, click here


R (Hillsden) v Epping Forest District Council
7 January 2015
The council adopted a new housing allocation scheme that contained qualifying criteria. They included a local residence requirement. The claimant could not meet the requirement but asked the council to treat her as an exceptional case. The council said that its scheme made no provision for further exceptions to be made beyond those in the allocation scheme itself. The High Court dismissed a claim for judicial review. Nothing in the legislation relating to housing allocation required a council to include in its scheme a provision for dealing with exceptional cases. 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 Welsh Government has initiated a consultation on the provisions of new regulations relating to aspects of the handling of homelessness applications made to local councils in Wales. The consultation runs until 26 February 2015. For the consultation arrangements, click here
For the consultation paper itself, click here 

The UK Government is undertaking a consultation about its Starter Homes proposals (designed to enable 100,000 homes to be built over the next 5 years so that more young people can buy their own home) and seeks views about the proposed planning policy change and its implementation. Responses are sought by 9 February 2015. For a copy of the consultation paper, click here 


The Welsh Government is undertaking a consultation exercise about: (1) the designation of a single licensing authority for Wales to manage the registration of private rented sector properties and the licensing of landlords and agents under Part 1 of the Housing (Wales) Act 2014; and (2) the requirement of the designated licensing authority to stipulate the training requirements necessary for a licence for landlords and agents licensed under the Act and to be given the power to approve trainers and training courses. Responses are sought by 6 February 2015. For a copy of the consultation paper, click here 

 

NEW HOUSING LAW ARTICLES & PUBLICATIONS

ASB and family members (commentary on Greenwich LBC v Tuitt) Karl Anders [2015] Local Government Lawyer 22 January 2015. To read the article, click here  

Disputes over mould are growing – but why?
Stephen Battersby [2015] UK Housing Professionals Forum, 20 January. To read the article, click here

Student housing: what you need to know as a guarantor
Dawn Foster [2015] The Guardian 20 January.  To read the article, click here 

Recent developments in housing law
Jan Luba QC and Nic Madge [2014] Legal Action December 2014/January 2015 Issue. To read the article, click here (subscription only) 

Renters have few rights in a sector run by hobbyists
Dan Wilson Craw [2015] New Statesman 22 January. To read the article, click here 

Housing repairs update 2014
Beatrice Prevatt [2014] Legal Action December 2014/January 2015 Issue. To read the article, click here (subscription only) 

Tenancy deposit schemes – the saga continues
Brie Stevens-Hoare QC and Morayo Fagborun Bennett [2015] 159 Solicitors Journal p28. To read the article, click here  

Article 8 challenges and possession orders
(commentary on Circle 33 v Lawal) Jon Holbrook [2015] Local Government Lawyer 8 January 2015. To read the article, click here 

THE HOUSING LAW DIARY

26 January 2015  
Supreme Court to consider rules on service charge clauses in the appeal Arnold v Britton

29 January 2015  
Supreme Court to consider rules on intentional homelessness in the appeal Haile v Waltham Forest LBC

6 February 2015    
Free evening leaseholder event run by the LEASE advice service. For details, click here

Closing date of consultation on landlord licensing in Wales (see above)

9 February 2015   
Closing date of consultation on Starter Homes proposals (see above)

26 February 2015
Closing date of consultation on homelessness regulations in Wales (see above)

 

RECRUITMENT

Vacancy for Options Officer (Private Rented)

Oxford City Council

(Job No. 000568)

Salary: £27,070 pa – with possible progression to £29,501 pa (pro rata for part time)

Closing Date: 15 February 2015


For the full job description click here 


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