HOUSING LAW NEWS & POLICY ISSUES

Housing needs in London
On 30 December the Institute for Public Policy Research published a short briefing – Capital failure: Understanding the roots of London's housing crisis – addressing the root causes and impacts of the chronic undersupply of homes in London. To read the briefing, click here

Homelessness
On 7 January 2016 the House of Commons Library published a briefing paper providing background information on the problem of rough sleeping and outlining Government policy on this issue. For a copy, click here

Households in temporary accommodation
On 7 January 2016 House of Commons Library published a briefing paper which provides background information on the increase in the number of homeless households placed in temporary accommodation by English local authorities and outlines various initiatives aimed at reducing those numbers. For a copy, click here

Housing options for armed forces personnel
On 20 January 2016 the House of Commons Library published an overview of the housing options available to serving and ex-military personnel in England. The briefing includes an explanation of the flexibilities local authorities have to prioritise applications from ex-service personnel. For a copy, click here

Housing conditions
On 13 January Karen Buck MP published The challenge of tackling unsafe and unhealthy housing, prepared by Dr Stephen Battersby, which follows up an earlier report published in 2011 and is based on Freedom of Information requests to local housing authorities. The report seeks to assess the extent of any change in activity since the last report, particularly in view of growth in the private rented sector and the financial cuts affecting local authorities. To read the report, click here To read Dr Battersby’s blog article about the report, click here

Empty housing
On 18 January 2016 the House of Commons Library published a research briefing outlining English local authorities’ powers to tackle empty housing and other relevant initiatives. It also discusses Government action around this issue. For a copy, click here

Local authority social housing statistics (1)
On 21 January 2016 the DCLG released national statistics on social housing owned and managed by local authorities in England for the year ending March 2015. The statistical release contains information on local authority housing stock, local authority lettings, average local authority rents, local authority waiting lists, decent homes delivery and evictions carried out by local authority landlords in England. To access the release, click here

Local authority social housing statistics (2)
The DCLG has also published ‘live’ tables relating to local authority social housing which, it says, ‘provide the latest, most useful or most popular data’, presented by type and other variables, including by geographical area or on a temporal basis. To access the tables, click here

Universal Credit guidance
On 22 January 2016 the Department of Work and Pensions issued updated online guidance packs relating to Universal Credit. For the guidance page which contains links to each of the following: The Social Landlord pack, the Universal Credit: service charges – guidance for Landlords and Universal Credit frequently asked questions, click here

Housing Association tenants’ right to buy
The Secretary of State for Communities and Local Government, the Rt Hon. Greg Clark MP has announced the introduction of Housing Association Tenants’ Right to Buy in the five piloted housing associations (ahead of the national roll-out later this year) – for the press release click here

Gypsies and travellers
On 4 January 2016 the House of Commons Library published a briefing paper on Government planning policy provisions specific to gypsies and travellers. The Government has made a number of changes to those provisions of the policy designed to strengthen enforcement powers, to change the definition of a traveller for planning purposes, and to give greater protection to green belt areas. This note sets out these issues in more detail. For a copy, click here

Mobile homes
Two research briefings, published on 4 January 2016 by the House of Commons Library, focus on mobile home parks. For a paper providing background to, and explaining the provisions in, the Mobile Homes Act 2013, which is aimed at improving conditions on permanent mobile home sites and strengthening the rights of mobile home owners on these sites, click here For a paper providing an overview of the rights of residents who live year-round on mobile home parks (focusing mainly on mobile home owners in England but including sections on Wales, Scotland and Northern Ireland), click here

Households in Wales
On 13 January 2016 the Welsh Government published a release presenting summary information on the household estimates for Wales for 2014. These estimates are based on population estimates for mid-2014 which were published on 25 June 2015. This is the latest in the current series of household estimates for Wales which incorporates the results of the 2011 Census. For the release, click here

Homelessness in Scotland
The Scottish Government has published a bulletin providing information on homelessness applications, assessments and outcomes for the quarter up to 30 September 2015. It also provides snapshot data on households in temporary accommodation on 30 Sept 2015 together with data on the implementation of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014. For a copy, click here

Housing Ombudsman
On 18 January the Communities and Local Government Select Committee held a short session with the Housing Ombudsman, Denise Fowler, to follow up on the progress since the Committee held a pre-appointment hearing in December 2014 for the appointment of the Ombudsman. To view the session, click here

Lettings to migrants
Chapter 1 of Part 3 of the Immigration Act 2014 provides a statutory excuse for landlords and their agents from being required to pay a civil penalty if they conduct prescribed identity checks on prospective occupiers and those occupiers who are renewing their tenancy agreements. The Immigration (Residential Accommodation) Prescribed Requirements and Codes of Practice) Order 2014 set out the prescribed requirements for, and brought into effect a code of practice in respect of, identity checks which must be complied with by landlords and agents when entering into a residential tenancy agreement. That order has now been amended by the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2016 which comes into force on 1 February 2016. Amongst other things, the 2016 order alters the list of acceptable documents which a landlord or agent must obtain from an occupier or prospective occupier in order to establish an excuse under section 24 or 26 of the 2014 Act. For the Order, click here

High Court enforcement in residential possession cases
In a post on the Nearly Legal blog, Giles Peaker, partner at Anthony Gold Solicitors, considers the apparently widespread practice of applications for High Court writs in tenant possession cases being made on Form N293A.  He contends that this is an abuse of that process because Form N293A is intended for trespasser cases and results in the writ being issued as an administrative act and that it should not be used in residential possession cases against tenants. For the post and further comment, click here

Unlawful sub-letting amnesty
Tower Hamlets Council has offered an amnesty to help recover unlawfully sub-let properties. On 18 January Tower Hamlets and local housing associations launched a new initiative aimed at recovering social housing properties which have been unlawfully sub-let. The amnesty runs until March 6 and is intended to give tenants who have been illegally subletting a council or housing association property the opportunity to return the keys to the council or housing association without being prosecuted. For further details, comments and a case study, click here

Local authority’s tenancy check exercise
Southwark Council has launched one of the largest ever tenancy check exercises to establish that their residents’ properties are in good condition and safe.  It has brought to light a number of issues including unauthorised, and in some instances, dangerous building and “improvement” works.  The exercise also enabled the council to identify one resident whose home was no longer fit for human habitation and for whom a care plan was devised to enable him to reside in suitable, supported accommodation. For further details, click here

Litigants in person
On 14 January 2016 the House of Commons Library published a briefing considering the effect on courts and litigants of the increase in litigants in person in civil courts since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 took many civil (and family) cases out of scope for legal aid from 1 April 2013. For a copy, click here

Improved “Find a Legal Adviser” online tool relaunched
The Legal Aid Agency has announced the relaunch of the “Find a Legal Adviser” online tool. It is intended to assist advice professionals find a legal aid contracted provider in England & Wales. For further details click here For the search tool click here (select “Housing” from the “Categories” list of if searching for a housing specialist)

Housing and Planning Bill
This is a UK Government Bill about social and private rented housing, rogue landlords, estate agents, planning and compulsory purchase. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill had its second reading in the House of Lords on 26 January 2016. For a copy of the Bill as presented in the Lords, click here For the Explanatory Notes, click here For the official Impact Assessment of the Bill, click here  To follow the progress of the Bill, click here . To read the debates at all stages of the Bill, click here. For the House of Lords Library research briefing on the Bill, click here For an article about the anticipated opposition to the Bill in the Lords, click here

Welfare Reform and Work Bill
This UK Government Bill makes provision about: the benefit cap; social security and tax credits; loans for mortgage interest; and social housing rents. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill began its report stage on 25 January 2016. For the Bill, as amended in Committee, 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 who fail to evict tenants who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. The Bill has completed its House of Commons stages and has now moved into the House of Lords and entered Committee on 18 January 2016. For a copy of the Bill as presented in the Lords, click here  For the Explanatory Notes for that version of the Bill, click here  For the official Impact Assessment, click here  To follow the progress of the Bill, 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, and to follow the progress of the Bill, 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 For the Briefing on the Bill produced by the Scottish Parliament Information Centre, click here The Bill completed Stage 1 on 22 January 2016. For a report on the debate, click here Committee consideration of the Bill at Stage 2 will take place over February 2016, with the Stage 3 Debate expected to take place mid-March 2016. For the evidence submitted to that Committee by the Chartered Institute of Housing (Scotland), click here

Renting Homes (Wales) Act 2016
The Renting Homes (Wales) Bill received Royal Assent on 18 January 2016. For the statute as enacted, click here For the official press release concerning the statute (with links to other resources), click here  

Housing (Amendment) Bill
This is a Bill introduced in the Assembly 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 completed its Committee Stage. For the Committee report, click here For the notice of amendments tabled for the Consideration Stage click here To follow progress of the Bill, click here

Houses in Multiple Occupation Bill
This is a Bill introduced in the Assembly 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 A Second Stage debate took place in the Assembly on 7 December 2015. For the record of that debate, click here  The Bill now stands referred to the Committee for Social Development and that Stage has been extended to 12 February 2016.

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. It is again listed for a Second Reading on 29 January 2016. 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  For the MP’s own perspective on her Bill being talked-out, click here For the response of the MP who talked-out 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. For a copy of the Bill, click here  It had a First Reading on 24 June 2015 and its Second Reading is to be on a date yet to be announced. For details on the progress of the Bill, click here For the Briefing Paper prepared by the House of Commons Library, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced by Mark Pawsey MP but which now has UK Government support. 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 has been scheduled for 29 January 2016. 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 

 
Hinckley & Bosworth BC v Hardy [2015] EW Misc B46
The local authority applied for committal of Mr Hardy to prison for breach of an injunction which prohibited him for “being in charge or otherwise keeping” an Alsatian dog at his home.  District Judge Emma Kelly was satisfied that the procedural requirements as to service of the original injunction and the notice of the committal hearing application had been complied with and was convinced by affidavit and oral evidence that the dog was still at the property.  The judge made an order committing Mr Hardy to prison for 7 days suspended on terms that he remove the dog and comply with the original injunction.  The judge gave him a further 7 days to re-house the dog. For the full judgment, click here

Suh & Another v Mace [2016] EWCA Civ 4
This appeal concerned the admissibility of certain admissions made by a tenant (an unrepresented litigant in person) to the landlord’s solicitor during the course of a meeting. Those admissions had been ruled admissible by the judge at first instance but the Court of Appeal considered that they should have been treated as having been made without prejudice and were privileged and should not have been admitted into evidence at the hearing.  The judgment of Lord Justice Vos contains a very helpful analysis of the law of without prejudice communications, waiver and admissibility. For the full judgment, click here

“Rogue” landlord prosecution
Tower Hamlets Council has reported that a landlord has been made subject to a confiscation order of £36,936, fined £12,500 and a costs order of £17,500 and a victim surcharge of £120 totalling £67,056. The order related to a number of offences including a lack of fire alarms and fire doors, rat infestation, widespread mould, unlawful partitioning of rooms and overcrowding. For further details, click here

Illegal tenant eviction leads to landlord prosecution
Birmingham City Council reports a prosecution of a private landlord who took the law into his own hands and changed the locks of a let property contrary to the Protection from Eviction Act 1977. The landlord was fined £700, ordered to pay costs of £1,500 and a victim surcharge of £70. For further details, click here

Council ban landlord from letting out garage as a home
Blaby District Council has reported that a garage had undergone a partial conversion and was being used by a family (including a young child) as their home. The family was living there in sub-standard conditions including inadequate insulation, no smoke alarms, rotten windows and doors and no heating and only one functional electric socket.  Furthermore, the main garage door was still in situ so that the occupants had no natural light and a greater risk of being trapped in the event of a fire. The council served a prohibition order on the landlord to prevent occupation of the property before completion of approved extensive works and conversion. For the council’s press release, click here

Forcible eviction prosecution
Middlesbrough Council reports that the private landlord of a property re-entered the property and bundled the tenants’ belongings into black bags.  The landlord was successfully prosecuted at Teeside Magistrates’ Court and made subject to a community order, ten days of rehabilitation activities and 100 hours unpaid work. It transpired the landlord had also been in breach of an existing suspended prison sentence for fraud offences, and was given an additional 40 hours of unpaid work as well as being ordered to pay £400 costs and a £60 victim surcharge. For further details, click here

National Planning Policy
On 22 December 2015, the UK government launched a consultation seeking views on specific changes to national planning policy to support delivery of new homes, including low cost homes for first time buyers. The closing date for comments is 22 February 2016. For a copy of the consultation paper, click here. For the online response form, click here

Private renting in Northern Ireland
On 12 November 2015, the Assembly Government published a discussion document on proposals to review the regulation of the private rented sector in Northern Ireland. For a copy of the document, click here For the questionnaire, click here  Responses are sought by 5 February 2016. To make an online response, click here For information about public meetings being held as part of the consultation process, click here

Council Housing Finance
On 11 December 2015 the Department for Communities and Local Government launched a consultation on changes that are needed to the Accounting Practices Direction to bring Housing Revenue Account accounting requirements into line with international accounting standards. The last direction was issued in early 2011. For the new draft Direction, click here   Responses are sought by 27 January 2016 at 11:45pm.

 
Recent Developments in Housing Law Jan Luba QC & Nic Madge [2015] December / [2016] January issue of Legal Action magazine. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

Capping of social housing rents - what impact will it have on your service? Rick Henderson [2016] Homelessness Link Blog 26 January. To read the article, click here

Our last chance to restrain the housing bill is with the Lords Bob Kerslake [2016] Guardian Housing Network 26 January. To read the article, click here

Benefit cap on social housing will leave thousands homeless, landlords warn Patrick Butler [2016] Guardian 26 January. To read the article, click here

Is immigration causing the UK housing crisis? Dawn Foster [2016] Guardian Housing Network 25 January. To read the article, click here

The Local Housing Allowance cap could undo decades of work to support the most vulnerable Mairead Carroll [2016] National Housing Federation blog 25 January. To read the article, click here

High quality governance is now business critical for housing associations David Orr [2016] National Housing Federation blog 25 January. To read the article, click here

Shelter is about to turn 50, but housing is still in crisis Eva Wiseman [2016] Guardian 24 January. To read the article, click here

Homelessness in UK soaring as rents rise and tenancies end Ian Johnston, Tom McTague [2016] Independent 23 January. To read the article, click here

Red doors, sink estates, a homeless man's death: how to dehumanise the poor Dawn Foster [2016] Guardian Housing Network 22 January. To read the article, click here

Homelessness: the elderly and vulnerable adults LexisPSL Local Government and Elizabeth England [2016] Local Government Lawyer 21 January. To read the article, click here

In filthy, dangerous accommodation, Britain's hidden homeless are suffering Bill Davis [2016] Guardian Housing Network 20 January. To read the article, click here

Mix it up (a more varied approach is needed to tackle the housing crisis) Tom Venables [2016] Inside Housing 20 January. To read the article, click here

Local councils guilty of 'softly, softly approach' to rogue landlords Tom Wall [2016] Guardian 18 January. To read the article, click here

Tackling unsafe and unhealthy housing Dr Stephen Battersby [2016] UK Housing Professionals Forum Blog 14 January. To read the article, click here

Something wicked this way comes (review of the housing law agenda in 2016) Sam Madge-Wyld [2016] LAG Housing Law Blog 12 January. To read the article, click here

 
27 January 2016      
Close of consultation on the Housing Revenue Account directions (see Housing Law Consultations above)

27 January 2016            
The Supreme Court will deliver its judgment in Samin v Westminster City Council (as to whether a local authority’s decision that an EEA-national migrant was ineligible for housing assistance under the Housing Act 1996 was lawful). To access the judgment and summary, click here

29 January 2016            
Adjourned Commons Second Reading of the Crown Tenancies Bill (see Housing Laws in the Pipeline above)

29 January 2016            
Adjourned Commons Second Reading of the Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline above)

5 February 2016           
Close of consultation on the private rented sector in Northern Ireland (see Housing Law Consultations above)