HOUSING LAW NEWS & POLICY ISSUES

Draft Tenant Fees Bill
On 1 November 2017 the DCLG published a draft Tenant Fees Bill. The draft bill is intended to make renting fairer and easier for tenants by allowing them to see in advance what a given property will cost them in the advertised rent level without any additional costs. The bill will also introduce a lead enforcement authority in the lettings sector and cap security deposits at six weeks’ rent. The draft bill reflects feedback from the recent public consultation. For the draft bill and explanatory notes, click here For the consultation document, click here For the DCLG announcement relating to the draft bill, click here

Grenfell Tower Recovery Taskforce initial report
On 6 November 2017 the DCLG published the first report of the Grenfell Tower Recovery Taskforce. The report states that the Royal Borough of Kensington and Chelsea ‘failed its community on the night of 14 June and in the weeks following. Prior to that we have heard that RBKC was: distant from its residents; highly traditional in its operational behaviours; limited in its understanding of collaborative working and insular, despite cross borough agreements; and with a deficit in its understanding of modern public service delivery. Following a significant change of senior leadership, RBKC is working hard to develop and deliver effective support and services to survivors and the wider community. It is doing this while undergoing a fundamental change in the way it delivers its functions and its organisational culture and allocating considerable resources. We hope these recommendations will improve the success of the recovery programme.’ There are four themes that are common to all the recommendations of the Taskforce: ‘More Pace: the pace of delivery needs to be increased; Greater empathy and emotional intelligence: these attributes need to be put at the heart of RBKC recovery plans. On too many occasions we have received accounts from survivors and the wider community of poor treatment; Skills: all Officers and Councillors need training in how to work with a community that has been traumatized; Greater Innovation: RBKC should be bolder than it has been in its response.’ The report sets out detailed recommendations. For the report, click here For a statement concerning it by the Communities Secretary, Sajid Javid, click here For the response by RBKC, click here For a letter to the Communities Secretary by the Taskforce, click here

Fake Grenfell Tower survivor convicted
On 2 November 2017 a fraudster who falsely claimed he was a survivor of the Grenfell tower fire in order to claim money intended for true victims was convicted. The Defendant pleaded guilty to three fraud offences at Southwark Crown Court. He had been given £12,500, hotel accommodation, food, clothing and laptops by charities and a relief fund after he claimed to be a Grenfell resident. He will be sentenced in December 2017. For details of the case, provided by the Crown Prosecution Service, click here

Housing benefit cap
On 2 November 2017 the Department for Work and Pensions published statistics on households that have had their benefits capped between 15 April 2013 and August 2017. 68,000 households had their Housing Benefit capped at August 2017. This is a small increase of less than 1 per cent, or 190 households, on the previous quarter (May 2017). The DWP says that the increase is due to slightly more households having their benefits capped for the first time this quarter compared to the number of households that have moved off the benefit cap. For the full statistics, click here For a comment from the CIH, click here

Local Housing Allowance freeze
On 3 November 2017 the Local Government Association called on the Chancellor of the Exchequer to use the Autumn Statement to lift the LHA freeze in the private rented sector and, by doing so, help reduce homelessness by preventing it happening, and work with landlords to provide suitable housing for those that need it. The LHA is paid to low-income families in the private rented sector to help them cope with high housing costs. The rate is currently frozen despite private rented sector rents in England having risen by nearly 11 per cent in the last five years. For details of the LGA’s call, click here

First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017
The First-tier Tribunal for Scotland Housing and Property Chamber (Rules of Procedure) Amendment Regulations 2017, which come into force on 1 December 2017, make amendments to the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (the Procedure Regulations). In particular, reg 2 makes some minor corrections to the schedule which sets out the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure. For the Amendment Regulations, click here For the Procedure Regulations, click here

Use of temporary accommodation in England
On 3 November 2017 the House of Commons Library published a pack which had been prepared for a Backbench Business debate on temporary accommodation. The debate was sponsored by Siobhain McDonagh MP and took place in the House of Commons Chamber on 7 November 2017. For the pack, click here

Universal Credit
On 6 November 2017 the Child Poverty Action Group published a new report on the effect of Universal Credit (UC). The Austerity Generation reveals that the cuts to UC will put one million more children into poverty – which means the long term impact of austerity policies will be felt for many years to come by the UK economy and society more generally. The report also finds that families already at greater risk of poverty – including lone parents, families with very young children, larger families and those with a disability – will be especially hard-hit by a decade of cuts to the incomes of families with children. For more information, click here

Private renting – tenants’ insecurity
On 3 November 2017 Generation Rent published the results of a survey which finds that: 35 per cent of private renters are worried they will have to move home in the next year, compared with 16 per cent of home owners; private renters are less likely to know lots of people in their local area (42 per cent) than home owners and council tenants (both 53 per cent); private renters are more likely to be stressed or anxious (53 per cent) than other tenures, including home owners at 35 per cent; 25 per cent of  private renters feel that the economy works well for people like them, with a third who do not. The population as a whole is evenly split, with 30 per cent agreeing with the statement and 29 per cent who disagree. Home owners are much more likely to agree that the economy is treating them well (37 per cent), though a quarter (24 per cent) disagree. For more details, click here

People affected by dementia
On 6 November 2017 the CIH published a new practice guide to help housing practitioners offer suitable support to people affected by dementia. The guide is one of the outputs from a larger research study on housing’s role in dementia carried out for CIH Scotland by housing consultancy Arneil Johnston. It provides recommendations covering four separate pathways, each representing one of four key stages in a typical dementia journey, namely: assisting and supporting early diagnosis; early assessment of the suitability of the home of someone living with dementia; enabling a person with dementia to remain at or return home quickly; and ensuring holistic consideration of assistance and support as dementia progresses. For further information about the practice guide, click here

Welsh Government ministerial changes
On 3 November 2017 First Minister in the Welsh Government, Carwyn Jones, announced ministerial changes. Responsibility for Local Government moves to Alun Davies as Cabinet Secretary for Local Government and Public Services, supported by Rebecca Evans, Minister for Housing and Regeneration. The reshuffle follows the suspension from the Labour Party of former Communities Secretary Carl Sargeant who has subsequently died. For more information, click here

Fire safety in residential buildings
On 6 November 2017 the Residential Landlords Association published its submission to the Government’s building regulation review, led by Dame Judith Hackitt . The RLA is calling for a new system that requires that in every residential building there is a single identifiable person who would be responsible for assessing and overseeing fire safety measures. Such individuals, the RLA argues, should be supported by the creation of a new fire safety compliance code to make sure others involved with the building, such as occupiers, play their part.  This should be backed up by ensuring that there is one enforcement body on fire safety measures, a responsibility that is currently split between local councils and the fire service. For more information, click here

Shelter Pro Bono Legal Service
On 6 November 2017 Shelter launched the Shelter Legal Pro Bono Service. Shelter plans to work collaboratively with law firms to increase its capacity for legal support and, in particular, address the impact of Legal Aid Sentencing and Punishment of Offenders Act (LASPO) 2012 which reduced the availability of legal aid. The first phase of the service, launching this week, comprises a pilot in the London Borough of Newham. For more details, click here

HOUSING LAWS IN THE PIPELINE

Local Housing Authority Debt Bill
This Bill, which had its first reading in the House of Lords on 4 July 2017, seeks to replace the current regime of limits on local housing authorities’ debt with limits determined by the existing prudential regime for local authority borrowing for non-housing-related purposes. The second reading is yet to be scheduled. For the Bill as introduced, click here To follow progress of the Bill, click here

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill seeks to abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolish the preserved right of eligible former secure tenants to buy their home at a discount under section 171A of the Housing Act 1985 (Preserved Right to Buy); abolish the right of eligible assured or secure tenants of a registered social landlord or private registered provider to acquire their home at a discount under section 16 of the Housing Act 1996 (Right to Acquire); and encourage social landlords to build or acquire new homes for rent, the Right to Buy, Preserved Right to Buy and Right to Acquire will not be exercisable by tenants who move into new social housing stock more than two months after the Bill receives Royal Assent, subject to certain exceptions. The Bill completed Stage 2 on 5 October 2017. Stage 3 commenced on 6 October 2017. Stage 3 consideration will take place in Plenary on 14 November 2017 to consider amendments to the Bill (as amended at Stage 2). The Finance Committee laid its report in respect of the Bill on 28 June 2017. The Equality, Local Government and Communities Committee has undertaken an inquiry into the general principles of the Bill and laid its report on 7 July 2017. The Constitutional and Legislative Affairs Committee laid its report in respect of the Bill also on 7 July 2017. For progress of the Bill (including the committees’ scrutiny), the text of the Bill itself and explanatory memorandum, together with proceedings and reports of the various committees, click here and scroll down.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill
This is a Private Member’s Bill introduced in the House of Commons by Karen Buck. The Bill aims to 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; to amend the Building Act 1984 to make provision about the liability for works on residential accommodation that do not comply with Building Regulations; and for connected purposes. The Bill is being prepared for publication. The second reading is due to take place on 19 January 2018. To follow progress of the Bill, click here

Homeless People (Current Accounts) Bill
This is a Private Member’s Bill introduced in the House of Commons by Peter Bone. The Bill is intended to require banks to provide current accounts for homeless people seeking work; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading is due to take place on 1 February 2019. To follow progress of the Bill, click here

Housing (Amendment) Scotland Bill
This Scottish government Bill aims to amend the law on the regulation of social landlords and to reduce the influence of local authorities over registered social landlords. It was introduced on 4 September 2017 and is at Stage 1.For the Bill as introduced, click here To follow progress of the Bill, click here

Sublet Property (Offences) Bill
This is a Private Member’s Bill introduced in the House of Commons by Christopher Chope. It is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions in respect of unauthorised sub-letting; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed and is now due to take place on 1 December 2017. To follow progress of the Bill, click here

Mobile Homes and Park Homes Bill
This is a Private Member’s Bill introduced in the House of Commons, also by Christopher Chope. It is intended to require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; to make provision in relation to the residential status of such homes; to amend the Mobile Home Acts; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed and is due to take place on 6 July 2018. To follow progress of the Bill, click here

Affordable Home Ownership Bill
This Bill was introduced to Parliament on Tuesday 24 October 2017, also by Christopher Chope, under the Ten Minute Rule and is a Private Member’s Bill. It was said by him to make provision for affordable home ownership; to require the inclusion of rent to buy homes in the definition of affordable housing; to make provision for a minimum proportion of new affordable housing to be available on affordable rent to buy terms; to provide relief from stamp duty when an affordable rent to buy home is purchased; and for connected purposes. The Bill itself has not yet been published. Its second reading has been postponed to 16 March 2018. To follow progress of the Bill, click here

HOUSING LAW CONSULTATIONS

London Housing Strategy
The Mayor of London has published his draft Housing Strategy for London. It seeks to provide ‘a comprehensive plan to address the housing crisis over the next few years. This includes: starting to build 90,000 new affordable homes by 2021; ensuring a better deal for private renters; increasing the building of more genuinely affordable homes; supporting new housing providers including community builders; and helping tackle homelessness, with a way off the street for every rough sleeper.’ The three-month consultation ends on 7 December 2017. The strategy will be revised following the consultation period. For the consultation document, click here In order to respond on behalf of an organisation, click here

Planning for the right homes in the right places: consultation proposals
This consultation sets out a number of proposals to reform the planning system to increase the supply of new homes and increase local authority capacity to manage growth. Proposals include: a standard method for calculating local authorities’ housing need; how neighbourhood planning groups can have greater certainty on the level of housing need to plan for; a statement of common ground to improve how local authorities work together to meet housing and other needs across boundaries; making the use of viability assessments simpler, quicker and more transparent; and increased planning application fees in those areas where local planning authorities are delivering the homes their communities need. The attached ‘Housing need consultation data table’ sets out the housing need for each local planning authority using a proposed method, how many homes every place in the country is currently planning for, and, where available, how many homes they believe they need. The consultation closes on 9 November 2017. For more details, click here

Enabling Gypsies, Roma and Travellers – Wales
On 28 September 2017 the Welsh Government published a consultation document which replaces the Travelling to a Better future Framework for Action and Delivery Plan (2011).The consultation document makes proposals for Gypsies, Roma and Travellers that help, amongst other matters, to: improve social inclusion; allow access to culturally-appropriate and good quality accommodation; and reduce the incidence and impact of unauthorised encampments and homelessness. The consultation closes on 21 December 2017. For the consultation document and more information about the scope of the consultation, click here

A Fundamental Review of Social Housing Allocations – Northern Ireland
On 28 September 2017 the Department for Communities in Northern Ireland published a consultation document which sets out the Department’s proposals for changes to how social homes are allocated. The proposals are intended to produce five key outcomes: (1) a greater range of solutions to meet housing need; (2) an improved system for the most vulnerable applicants; (3) a more accurate waiting list that reflects current housing circumstances; (4) those in greatest housing need receive priority, with recognition of their time in need; and (5) better use of public resources by ensuring the list moves smoothly. The consultation closes on 21 December 2017. For the consultation documents, click here

Renting Homes (Wales) Act 2016 – Fitness for human habitation
The Renting Homes (Wales) Act 2016 (the 2016 Act) is intended to make it simpler and easier to rent a home in Wales, replacing various and complex pieces of existing legislation with one clear legal framework. The new 'occupation contracts' replace current tenancies and will make the rights and obligations of both landlord and contractholder much clearer. This includes the landlord’s duty, set out in section 91 of the 2016 Act, to ensure a dwelling is fit for human habitation (FFHH). Where a landlord rents a dwelling that is unfit, a contract-holder will be able to seek an order from the court requiring the landlord to remedy the problem. Section 94 of the Act requires the Welsh Ministers to make regulations in relation to determining whether a dwelling is FFHH. This consultation sets out and invites comments on the proposed Regulations. The consultation closes on 12 January 2018. For the consultation documents, click here

Homelessness code of guidance for local authorities
On 16 October 2017 the DCLG launched a consultation on a proposed revised homelessness code of guidance. The Government says that the Homelessness Reduction Act 2017, which will commence in April 2018, is designed significantly to reform England’s homelessness legislation by placing duties on local authorities to intervene at earlier stages to prevent homelessness in their areas. It also requires local authorities to provide homelessness assistance to all those affected, not just those who are protected under existing legislation. As part of the Act’s implementation the government is revising the existing statutory code of guidance. This will provide updated guidance to local authorities on how they should exercise their homelessness functions and apply the legislation in practice. This consultation seeks views on the proposed revised homelessness code of guidance. The consultation will close on 11 December 2017. For more details, click here

Protecting consumers in the letting and managing agent market: call for evidence
On 18 October 2017 Sajid Javid, the Secretary of State for Communities and Local Government, announced proposals to address the imbalance of power in the private rented market by regulating letting agents. This call for evidence seeks views on whether a new regulatory model is needed for agents in the leasehold sector. The DCLG wants to understand what form regulation of letting and managing agents should take to best protect and empower tenants and leaseholders. It is an evidence gathering exercise that will enable government to bring forward detailed proposals early next year. The consultation closes on 29 November 2017. For more details, click here

Improving the home buying and selling process: call for evidence
On 22 October 2017 the government said that it is committed to improving the existing home buying and selling process in order to make it cheaper, faster and less stressful. The DCLG is seeking views and suggestions for improvement from anyone who has an interest in the process. Responses to this call for evidence will help the government to formulate its future work programme of improvements. This consultation closes on 17 December 2017. For more information, click here

Proposed reduction in frequency of the Forces Help to Buy Official Statistic
This is a monthly publication that provides statistics on the number of applications and payments made under the Forces Help to Buy Scheme since its launch in April 2014. The Ministry of Defence is seeking external users’ views on reducing the frequency of publication of the official statistics. This consultation closes on 16 November 2017. For the details, click here

Future role of alternative dispute resolution in civil justice
An expert working group of the Civil Justice Council (CJC) has published a comprehensive interim report on the existing role and potential future role of ADR (alternate dispute resolution) in civil justice in England and Wales, including consideration of housing cases. The CJC is now seeking written submissions on the findings and recommendations of the report, ahead of organising a seminar at which the proposals can be discussed and a final report prepared and submitted to the government for consideration. Written submissions on the report should be submitted by 15 December 2017. For the document, click here

Improving access to social housing for victims of domestic abuse
On 30 October 2017 the DCLG launched a consultation on proposals for new statutory guidance for local authorities to assist victims of domestic abuse living in refuges, and other forms of safe temporary accommodation, to access social housing. The consultation closes on 5 January 2018. For the consultation document, click here

An Inspection of ‘Right to Rent’: call for evidence
The Independent Chief Inspector of Borders and Immigration (ICIBI) has begun work on an inspection of ‘Right to Rent’ (RtR). This concerns the measures in the 2014 and 2016 Immigration Acts intended to create a ‘hostile environment’ for individuals in the UK without valid leave by requiring landlords and letting agents to check the immigration status of prospective tenants before entering into a tenancy agreement. The ICIBI’s examination will include: planning for the initial introduction of RtR, including success criteria; evaluation of Phase 1 of RtR and how this informed the development of RtR, including sanctions for non-compliance; evaluation of RtR sanctions; take up of RtR measures by Home Office enforcement and casework teams, specifically the issuing of civil penalties, pursuit of criminal prosecutions, immigration controls and removals; and joint working and data-sharing between the Home Office and other government departments, agencies and other bodies. The deadline for submissions is 10 November 2017. For more details, click here

Funding for supported housing – two consultations
On 31 October 2017 the DCLG launched two consultations: one on housing costs for sheltered and extra care accommodation, and one on housing costs for short-term supported accommodation. Both of these consultations seek the views on the design of the government’s new supported housing funding models which relate to England only, though the DCLG would nevertheless welcome comments from responders across Great Britain. The government is seeking views on the funding models from the sector, providers, commissioners and residents alike. Both consultations close on 23 January 2018. For the consultation documents, click here

Mandatory client money protection schemes for property agents
On 1 November 2017 the DCLG published a consultation on how membership of mandatory client money protection schemes in England should be designed, implemented and enforced. Client money protection schemes give landlords and tenants confidence that their money is safe when it is being handled by an agent. Where an agent is a member of a client money protection scheme, it enables a tenant, landlord or both to be compensated if all or part of their money is not repaid. The consultation will close on 13 December 2017. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS

Personalised plans – putting service users at the centre of new homelessness services Deborah Garvie [2017] Shelter Blog 3 November. To read this article, click here

Has housing management had its day? Debbie Larner [2017] CIH Blog 3 November. To read this article, click here

Homelessness update Sarah Salmon [2017] Local Government Lawyer 3 November. To read this article, click here

Open letter to the chancellor calling for an end to the LHA freeze Kate Wallis [2017] Shelter Blog 6 November. To read this article, click here

Supported housing u-turn won't help: it will make things much worse Alan Fraser [2017] Guardian 6 November. To read this article, click here

My experiences with renters facing homelessness Janey S [2017] Shelter Blog 7 November. To read this article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2017] November issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here

HOUSING LAW DIARY

9 November 2017                     
Consultation closes on Planning for the right homes in the right places (see Housing Law Consultations)

10 November 2017                   
Deadline for submissions to the ICIBI’s Inspection of ‘Right to Rent’ (see Housing Law Consultations)

14 November 2017                   
Stage 3 consideration of the Abolition of the Right to Buy and Associated Rights (Wales) Bill in Plenary (see Housing Laws in the Pipeline)

16 November 2017                   
Consultation closes on Proposed reduction in frequency of the Forces Help to Buy official statistics (see Housing Law Consultations)

29 November 2017                   
Consultation closes on Protecting consumers in the letting and managing agent market: call for evidence (see Housing Law Consultations)

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