HOUSING LAW NEWS & POLICY ISSUES

Affordable homes – Prime Minister’s conference speech
On 4 October 2017, following the Prime Minister’s address to the Conservative Party Conference, the Government confirmed plans for a new generation of council and housing association homes. The DCLG said that funding for affordable homes will be increased by a further £2 billion to more than £9 billion. The numbers of homes will be determined on type and location of housing, and bids received for funding. With a typical £80,000 subsidy, this £2 billion investment, the DCLG said, can supply around 25,000 more homes at rents affordable for local people. For the Prime Minister’s speech, click here For the DCLG announcement, click here In response, the Local Government Association called for local authorities to be granted power ‘to borrow to invest in new council housing, to keep 100 per cent of Right to Buy receipts to replace sold homes, certainty over future rents, powers to make sure developers build approved homes in a timely fashion, and adequately funded planning departments so that they can cover the cost of processing applications.’ To read the LGA’s response, click here For the LGA’s Autumn Budget submission, click here For a response to the Prime Minister’s speech by the independent Joseph Rowntree Foundation, click here For the National Housing Federation’s response, click here

Homelessness and single people
On 6 October 2017 Crisis published a new report – Moving On: Improving access for single homeless people in England – which states that 26,000 single people face homelessness on any given night in England due to a lack of affordable and accessible housing. The charity says that this group of homeless people –  some of whom are excluded from council housing registers due to reasons such as past rent arrears – are ending up ‘trapped in a cycle of homelessness or stuck in temporary shelter for months, or even years on end, as the social housing shortage and sky-high renting costs leave them with no place to call home’. For more details, click here

Statutory homelessness – England
On 8 October 2017 the House of Commons Library published a briefing paper providing statistics on statutory homelessness in England and explaining local authorities' duties to assist homeless households. The paper includes an overview of, and comment on, Government policy in this area. For the briefing, click here

Homelessness in England – summary of statistics
On 4 October 2017 the House of Commons Library published a note summarising quarterly homelessness statistics for England. For the note, click here

Homelessness and healthcare
On 6 October 2017 Homeless Link reported that the London Homeless Health Programme and Groundswell have been working to improve access to all doctors' surgeries for people who are homeless in London. With the Healthy London Partnership and Healthwatch, Groundswell have delivered over 40,000 ‘My Right to Healthcare’ cards to shelters, day centres, food banks and other organisations across London to spread the word that being denied access to a GP is not acceptable. For more details, click here

Right to Buy sales – England
On 5 October 2017 the DCLG published official statistics on the number of sales of dwellings under the Right to Buy scheme in England between April and June 2017-18.Local authorities sold an estimated 2,601 dwellings under the scheme (a decrease of 23 per cent from the 3,382 sold in the same quarter last year). Local authorities in London sold an estimated 503 dwellings (a decrease of 45 per cent from the 921 sold in the same quarter last year). Local authorities in London accounted for 19 per cent of sales during the period (8 percentage points lower than the 27 per cent recorded in the same quarter of 2016-17). Between April and June 2017 local authorities received approximately £219.5 million from Right to Buy sales (23 per cent lower than the £285.0 million in the same quarter last year). For the statistics, click here

Social housing stock sales
On 5 October 2017 the DCLG published tables comprising statistics on the sales of social housing stock, whether owned by local authorities or private registered providers, for all years from 1980-81 to 2015-16. The most common of these sales are by the Right to Buy and preserved Right to Buy scheme (as to which specifically, see above) and there are separate tables for sales under that scheme. The total number of sales in 2015-16 was 21,992 (up from 20,454 in the previous year). For the tables, click here

Housing (Scotland) Act 2014 (Commencement No. 7, Amendment and Saving Provision) Order 2017
This order, which itself comes into force on 1 December 2017, principally brings into force various provisions of the Housing (Scotland) Act 2014. In particular, Article 3 appoints 1 December 2017 for the coming into force of section 16 and Part 1 of Schedule 1 to the Act, section 17 and Part 2 of that schedule, section 18 and Part 3 of that schedule and section 19 and Part 4 of that schedule. The effect of section 16 of the Act is to transfer the functions and jurisdiction of the sheriff (except in relation to criminal offences) to the First-tier Tribunal for Scotland in respect of the following types of tenancy: regulated tenancies and Part VII contracts under the Rent (Scotland) Act 1984 and assured tenancies under the Housing (Scotland) Act 1988. Sections 17, 18 and 19 make amendments consequential to the transfer of functions and jurisdiction in relation to the repairing standard, the right to adapt rented houses and landlord registration, respectively. The order also corrects an earlier commencement order and makes a saving provision. For Commencement Order No 7 click here For the 2014 Act, click here

Housing (Scotland) Act 2014 (Consequential Provisions) Order 2017
This order, which comes into force on 1 December 2017, makes consequential provision for the purposes of the Housing (Scotland) Act 2014. Section 16(1) of the 2014 Act transferred the functions and jurisdiction of the sheriff to the First-tier Tribunal for Scotland in relation to actions arising from regulated tenancies (within the meaning of section 8 of the Rent (Scotland) Act 1984), Part VII contracts (within the meaning of section 63 of that Act) and assured tenancies (within the meaning of section 12 of the Housing (Scotland) Act 1988). Article 2 makes amendments to the Tenancy Deposit Schemes (Scotland) Regulations 2011, consequential to the transfer of functions and jurisdiction of the sheriff to the First-tier Tribunal for Scotland. For this order, click here For the 2014 Act, click here

Letter to Grenfell residents
On 4 October 2017 the Secretary of State for Communities and Local Government, Sajid Javid, wrote his latest letter to former residents of Grenfell Tower with an update on the action being taken by the Government in response to the tragedy, along with details of available support and assistance. To read the letter, click here

Housing costs and poverty – London
On 8 October 2017 Trust for London published the latest data for London's Poverty Profile (from 2016 and 2017). Generally, it concludes that while the overall poverty rate has fallen slightly in recent years, it remains higher than the rest of the country; and the proportion living in 'deep poverty' has increased. It says that London’s high levels of poverty relative to the rest of England are largely explained by high housing costs. Private rents in London are more than twice the average for England. Over the past five years the cheapest fifth of private rents have increased faster than private rents overall. Rents for local authority social housing have increased by around 30 per cent in London and England. Housing association rents have increased 26 per cent in London and 19 per cent across England. Over this time, the number of London children living in the social rented sector who are in poverty has started to increase again – up 40,000 to 290,000. To access the profile, click here

House prices
On 6 October 2017 Halifax published its latest house price index. It showed that house prices in the three months to September 2017 were 1.4 per cent higher than in the three months to June 2017 and 4.0 per cent higher than in the same three months a year earlier. For the index, click here

Local Housing Allowance
Shelter is asking Members of Parliament to take action in the Autumn Budget and call on the Chancellor of the Exchequer to end the freeze to Local Housing Allowance, the support low income families receive for private rented homes. Shelter notes that about 1.2m households in the private rented sector receive LHA and about one-third of these households are in low-paid jobs and require LHA to top up their rent. Since rates have been frozen, they have failed to keep pace with even the cheapest local rents. Shelter’s analysis suggests that more than a million households in Britain could be put at risk of homelessness by 2020, unless the freeze on LHA rates is lifted. For more details, click here

Welsh Housing Quality Standard
On 5 October 2017 the Welsh Government published an annual report which includes information on the progress made by social landlords (local authorities and registered social landlords) in achieving the WHQS for all their stock. At 31 March 2017, 86 per cent of social housing dwellings (192,302 dwellings) were compliant with the WHQS (including acceptable fails) compared to 79 per cent a year earlier. Excluding acceptable fails, 60 per cent of all social housing dwellings (135,665 dwellings) were fully compliant with the WHQS at 31 March 2017. Levels of WHQS compliance continue to be higher for registered social landlords (RSLs), with 99 per cent of RSL dwellings achieving WHQS compliance (including acceptable fails) at 31 March 2017 compared to 66 per cent of local authority dwellings. For the report, click here For the comments of Communities and Children Secretary, Carl Sargeant, click here

Extra care housing – Wales
On 5 October 2017 the Welsh Government published a ‘comprehensive, independent’ assessment of the current role of extra care. The findings aim to help inform discussion about the role that extra care should play in delivering the strategic vision on housing for older people in Wales. The evaluation included a literature review and the collection and analysis of primary and secondary quantitative data. Case studies were undertaken in six local authority areas, in each area up to 10 key stakeholders were interviewed and in total over 80 extra care residents were engaged in the research. For the report, click here For the summary, 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. Amendments may now be tabled 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 is due to take place on 20 October 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 is due to take place on 20 October 2017. To follow progress of the Bill, click here

NEW HOUSING CASES

Aaron Harris v Mayor and Burgesses of the London Borough of Hounslow [2017] EWCA Civ 1476

The law
The Anti-Social Behaviour, Crime and Policing Act 2014 gave magistrates’ courts the power to grant closure orders, limiting access to premises associated with disorderly, offensive or criminal behaviour. The Act also introduced a new mandatory ground for possession in cases where anti-social behaviour has already been proven in earlier court proceedings (such as where a magistrates’ court has made a closure order). Where a local authority landlord brings a claim under the new ground, the tenant has a statutory right to request a review of the decision to serve them with a notice of seeking possession, however the statute prescribes that the tenant must request a review within 7 days of the notice being served on them.

The facts
Mr Harris was a secure tenant whose property was associated with ongoing anti-social behaviour. A closure order was obtained from a magistrates’ court in November 2015. In December 2015, LB Hounslow served a notice of seeking possession on Mr Harris and informed him of his right, within the following 7 days, to request a review of the decision to serve the notice on him. Mr Harris did not request a review within 7 days. Solicitors acting for him later requested an extension of time to request a review but their requests were declined by LB Hounslow. Nevertheless, after issuing possession proceedings in the County Court, LB Hounslow agreed to carry out a review, which resulted in LB Hounslow upholding its decision to pursue possession proceedings.

The County Court decision
The district judge granted a possession order. He held that LB Hounslow should have extended time for a review to be sought or, if the law did not allow them to extend time, then they should have served a fresh notice of seeking possession to restart the 7 day timescale. However, the district judge held that since LB Hounslow had in fact carried out a review during the course of the possession claim, that had cured any procedural defect.

The Court of Appeal
On appeal, Mr Harris argued that LB Hounslow had been wrong not to extend time for him to seek a review (as the district judge had found) but that it had not been open to LB Hounslow to seek to cure that mistake by carrying out a review during the court proceedings.

The Court of Appeal upheld the decision to make a possession order but for different reasons from the district judge.

The Court of Appeal held that where the statute prescribes a 7 day time limit, the local authority has no power formally to extend it. The question, therefore, was not whether the local authority should have extended the time limit but rather whether it should have waived the time limit.

The Court of Appeal referred to previous case law which had held that in cases where a statute regulating the rights and obligations of private parties imposes a procedural requirement for the benefit of one party only, it is open to that party to waive the requirement (per Kammins Ballrooms Co. Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850). However, the Court of Appeal held that in cases involving rights which engage the public interest or the interests of third parties (such as the public interest and interests of neighbours in anti-social tenants being evicted), the procedural requirement cannot be waived.

The Court of Appeal held that the absence of any provision in the statute for an extension to the 7 day time limit was an indication that Parliament intended it to be strictly applied. Moreover, the statute referred to a tenant’s request for a review being “duly” made; since the only procedural requirement for a review was that it be requested within 7 days, the Court of Appeal held that a request must be made within that period.

The Court of Appeal rejected Mr Harris’ argument that the right to a review is an integral part of the reforms which introduced the new mandatory ground for possession. The Court of Appeal so held because the right to a review does not apply in all cases brought under the new ground but only in cases with a landlord of a specified type (such as a local authority landlord).

As to Mr Harris’ argument that, upon him requesting a review out of time, the local authority was obliged to serve a fresh notice of seeking possession so as to restart the clock on the 7 day timescale, the Court of Appeal held that to compel the local authority to do so would frustrate the purpose of the legislation which was to impose a short period for a review so that proceedings to evict a troublesome tenant could be undertaken quickly.

The Court of Appeal held that if the local authority had had a power (as opposed to a duty) to serve a fresh notice in order to restart the clock, then they would have needed a good reason to do so. Since Mr Harris’ request for an extension of time did not set out in any way what his grounds for seeking a review were, the local authority could not have been in a position to say that there was a good reason for extending time.

The Court of Appeal reiterated that when a local authority brings possession proceedings, each step in the proceedings (e.g. serving a notice of seeking possession, issuing a claim, choosing to proceed to trial) is a separate decision which can, if appropriate, be made the subject of a public law challenge. To deprive Mr Harris of a statutory review therefore did not deprive him of the chance of raising a public law challenge later in the litigation if appropriate, although the Court of Appeal stressed that general public law principles should not be allowed to undermine the statutory scheme of the new mandatory ground for possession.

Summary by Alexander Campbell, barrister, Arden Chambers.  For the full judgment 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

HOUSING LAW ARTICLES & PUBLICATIONS

Waiting for DCLG [2017] Nearly Legal 2 October. To read this article, click here

Conservative Party Conference: Government rallies around renters! Poppy Terry [2017] Shelter Blog 3 October. To read this article, click here

Vulnerability, medical evidence & Now Medical Giles Peaker [2017] Nearly Legal 3 October. To read this article, click here

Housing First is unique – let’s do it right Jo Prestidge [2017] Homeless Link 3 October. To read this article, click here

Theresa May's speech – the big announcements explained Melanie Rees [2017] CIH Online 4 October. To read this article, click here

My generation needs a housing revolution, not May’s empty promises Dawn Foster [2017] Guardian 4 October. To read this article, click here

Good news for the sector but what will the rent settlement's impact be? John Perry [2017] CIH Online 5 October. To read this article, click here

Ministers 'refusing to pay for fire safety measures' after Grenfell Robert Booth [2017] Guardian 6 October. To read this article, click here

Has mandatory regulation of the Private Rented Sector finally arrived? Lewis Johnston [2017] RICS 9 October. To read this article, click here

Changes could make life easier for millions renting in private sector Priya Thethi [2017] CIH Online 10 October. To read this article, click here

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

HOUSING LAW DIARY

20 October 2017                       
Second reading of Sublet Property (Offences) Bill (see Housing Legislation in the Pipeline)

20 October 2017                       
Second reading of Mobile Homes and Park Homes Bill (see Housing Legislation in the Pipeline)

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