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
hereThe 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
hereScroll 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
hereFor 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
hereFor
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 appealArnold
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
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