22nd February 2017
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HOUSING LAW NEWS & POLICY ISSUES

Domestic violence
On 17 February 2017 Communities Secretary Sajid Javid confirmed that 76 projects across the country will receive a share of £20 million to support victims of domestic abuse, creating more than 2,200 new bed spaces in refuges and other specialist accommodation. For the announcement, click here For the  full list of projects to which funds have been allocated, click here

Supported housing and funding changes
On 21 February 2017 the Work and Pensions and Communities and Local Government Committees were due to hear from various witnesses on the risks and benefits of the Government's proposed changes to funding for supported housing as part of their joint inquiry into the future of the sector. The session was to focus on whether the funding changes are likely to affect the sector's ability to meet future demand and how they will affect different users of supported housing, as well as the possible alternative funding systems for short-term accommodation, such as hostels and refuges, and whether there should be different arrangements for other categories of users, such as the elderly. To view the session, click here

Private housing rental prices
On 14 February 2017 the Office for National Statistics published its Index of Private Housing Rental Prices for January 2017. The latest figures show that: private rental prices paid by tenants in Great Britain rose by 2.2% in the 12 months to January 2017 (this is down from 2.3% in December 2016); in England, private rental prices grew by 2.3%, Wales saw growth of 0.4% while Scotland saw growth of 0.1% in the same period; and London private rental prices grew by 2.1% in that period, which is 0.1 percentage points below the Great Britain 12-month growth rate. To access the statistics, click here

Regulation of letting and managing agents – England
On 16 February 2017 the House of Commons Library published a briefing paper describing the current regulatory regime (in the absence of overarching statutory regulation) for private sector letting or managing agents in England, and considering early reactions to the Government’s intention to introduce a ban on fees for tenants. Comparisons are drawn with policy in the devolved nations. To read the briefing, click here

Universal credit and rented housing
On 17 February 2017 the Department for Work and Pensions published a new version of the Social Landlord Support Pack. The Support Pack has useful information for local authorities and social landlords considering undertaking some preparation for direct payment of housing costs under Universal Credit. For the latest version, click here

Housing Benefit
On 17 February 2017 the DWP published HB Bulletin G2/2017 for local authority Housing Benefit staff. It contains information about: Optional Real Time Information; new policy to limit benefit payable to two children; Personal Details Verification Report; cases with the Upper Tribunal; and statutory instruments. To read the issue, click here

Housing Benefit caseload statistics
On 15 February 2017 the DWP published statistics on numbers of Housing Benefit claimants and average weekly spare room subsidy amount withdrawal organised by: region and local authority; region and local authority by tenure and passported status; region and local authority by spare room subsidy; by tenure; average weekly award by tenure; passported status; average weekly award by passported status; average weekly award by age group; age group and family type; and average weekly award by age group and family type. To access the statistics, click here

Social tenants – Scotland
On 14 February 2017 the Scottish Government published statistics on social housing and social tenants in Scotland. This new publication presents an overview of social tenants and social rented housing in Scotland for the year, covering topic areas such as stock, household characteristics, housing flows, and rents and income levels. It includes trend data for earlier years and comparisons with other housing tenures and with other parts of the UK. To read the statistics, click here

Homelessness
On 13 February 2017 Channel 4’s Dispatches programme was devoted to an undercover investigation into the impact of councils struggling to meet the demand for emergency housing on homeless women. To view the programme online, click here

Housing associations
On 17 February 2017 the Homes and Communities Agency published the 2016 Global Accounts of private registered providers. The publication shows that ‘the social housing sector has had a solid year of investment underpinned by strong in-year financial performance’. The Global Accounts document gives an annual overview of the financial status of the social housing sector and is based on analysis of the regulatory financial returns and statements that are submitted by private registered providers managing or owning 1,000 or more homes. Group turnover increased in the year by 8% – despite increases in sale and other non-social housing activity. Three-quarters of total turnover continues to come from social housing lettings. To read the document, click here For the associated press release, click here

Private renting – implications of landlord tax changes
On 15 February 2017 the Residential Landlords Association reported that David Miles, Professor of Financial Economics at Imperial College London, had produced an analysis of the government’s landlord tax changes which argues that they will make rented properties even less favourable in the tax system than owner-occupied properties. For more details, click here

Housing improvements – Scotland
On 17 February 2017 the Scottish Government announced that housing in south Glasgow is set to benefit from a funding package that could total over £34m. Within that sum £20m has been pledged towards a four-year programme that aims to acquire up to 350 homes in the area and bring them into the social rented sector, so that repairs and improvements can be made. For more details, click here

Homes and Communities Agency – board appointments
On 21 February 2017 four new appointments to the Homes and Communities Agency’s Board were confirmed by the Communities Secretary Sajid Javid. They are Stephen Bell, Richard Blakeway, Councillor Simon Dudley and Councillor Teresa O’Neill OBE. For the announcement of the appointments and brief biographical details of the new board members, click here
HOUSING LAWS IN THE PIPELINE

Homelessness Reduction Bill
This is a Private Members’ Bill introduced in the House of Commons by Bob Blackman which seeks to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes. The Bill has won the support of the Government; for the DCLG press statement in that respect, click here On 17 January 2017 the DCLG announced that councils would receive a further £48 million funding to help deliver new and expanded services under the Bill; for the announcement, click here and for the Local Government Association’s response to the announcement, click here The Bill has now completed all its stages in the House of Commons. The Bill received its First Reading in the House of Lords on 30 January 2017. It is due to receive its Second Reading on 24 February 2017. For the Bill as introduced in the House of Lords, click here For progress of the Bill, click here For all the debates on all stages of the Bill click here The House of Commons Select Committee for Communities and Local Government has published a report following its pre-legislative scrutiny of the Bill; to read the report, click here For the Law Society’s parliament briefing on the Bill, click here For the House of Commons Library briefing paper prepared for the Commons Report and Committee Stages of the Bill (published on 10 February 2017), click here For a series of factsheets published by the DCLG and providing further background information on the measures within the Bill, click here

Renters’ Rights Bill
This is a Private Members’ Bill introduced in the House of Lords by Baroness Grender which seeks to provide tenants and prospective tenants with certain rights, including affording access to a local housing authority’s database of rogue landlords, ending certain letting fees and providing for certain mandatory electrical safety checks. The Bill had its Second Reading on 10 June 2016 and completed its Committee stage on 18 November 2016; for a record of the debate, click here It will enter its Report stage on a date to be announced. For the Bill as amended in Committee, click here To read debates at all stages of the Bill’s passage, click here For progress of the Bill, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced in the House of Commons by Wendy Morton which seeks to provide that ​Crown tenancies may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions; to modify the assured tenancies regime in relation to certain Crown tenancies; and for connected purposes. The Bill received its Second Reading on 3 February 2017. It will enter its Committee stage on a date to be announced. For the Bill as introduced, click here For progress of the Bill, click here For a research briefing from the House of Commons Library providing background on the Bill, click here

Housing (Tenants' Rights) Bill
This is a Private Members’ Bill introduced by Caroline Lucas which seeks to establish a Living Rent Commission to conduct research into, and provide proposals for, reducing rent levels in the private rented sector and improving terms and conditions for tenants; to require the Secretary of State to report the recommendations of the Commission to Parliament; to introduce measures to promote long-term tenancies; to establish a mandatory national register of ​landlords and lettings agents; to prohibit the charging of letting or management agent fees to tenants; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 24 March 2017. For progress of the Bill, click here
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HOUSING LAW CONSULTATIONS

Consultation on extending coverage of the Freedom of Information (Scotland) Act 2002 to registered social landlords
The consultation sets out proposals to extend coverage of the Freedom of Information (Scotland) Act 2002 (FOISA) to registered social landlords (RSLs). Extending coverage of FOISA would give the same 'access to information' rights to tenants of RSLs as local authority housing tenants currently have. RSLs would have a statutory responsibility to reply to information requests within set timescales. Under FOISA, if an applicant is dissatisfied with how an authority responds they can ultimately appeal to the Scottish Information Commissioner who is the independent regulator of the legislation. For the consultation document, click here. To respond online, click here.  The consultation closes on 23 February 2017.

Procedure of the First Tier Tribunal Housing and Property Chamber
The Tribunals (Scotland) Act 2014 establishes an integrated structure of tribunals with a First-tier Tribunal (F-TT) and an Upper Tribunal. Jurisdictions within the First-tier Tribunal will be organised into ‘chambers’ according to the nature of the dispute. On 1 December 2016, the Private Rented the Private Rented Housing Panel/Homeowner Housing Panel transferred to the F-TT – the first of the existing tribunals to move to the new structure. A single set of operational rules is being developed to apply across all jurisdictions in the Housing and Property Chamber. These are required for the expansion of the Chamber to other private rented sector disputes. Views are sought on the operational procedure of the Housing & Property Chamber for hearing the disputes transferring from the Sheriff court, disputes under the new letting agents’ regime and disputes involving the new tenancies established by the Private Tenancies (Scotland) Act 2016.  For the consultation document, click here The consultation closes on 31 March 2017
 
Private Rented Sector in Northern Ireland – Proposals for Change
This consultation document is the second stage in the Department for Communities’ review of the role and regulation of the private rented sector. It proposes a number of changes which will impact on both landlords and tenants. The document sets out proposals on: supply, affordability, security of tenure, tenancy management, property standards and dispute resolution. The Department will hold four public events to facilitate discussion on this document. For the consultation document and details of the discussion events, click here The consultation closes on 3 April 2017.

Housing Possession Court Duty Scheme: Commissioning Sustainable Services
This is a consultation on a competitive tendering approach for the Housing Possession Court Duty Scheme which will consolidate the current number of schemes through joining courts allowing for larger and more sustainable contracts for providers. Providers will offer their services at a price, without an administrative cap or floor, that reflects the costs of delivery in their local area and represents a fair market price for the work carried out whilst maintaining a quality service. For the consultation document, click here To participate in the consultation, click here The consultation closes on 7 March 2017. Results are expected by 28 April 2017.

Renting Homes (Wales) Act 2016 – Guidance relating to supported accommodation
The Welsh Government is consulting on: statutory guidance landlords must follow when temporarily excluding a contract-holder under a supported standard contract; and non-statutory guidance to assist landlords and local authorities in carrying out their functions relating to extending the relevant period before a tenancy or licence for supported accommodation becomes an occupation contract. The aim of the guidance is to make the legal process clearer for landlords and local authorities to follow and implement. For the consultation document and for the means by which to respond, click here The consultation ends on 28 April 2017.

Fixing our broken housing market
As part of the housing white paper the DCLG is also consulting on changes to planning policy and legislation in relation to planning for housing, sustainable development and the environment. The consultation, including details of how to respond, can be found in the white paper. For the white paper, click here To respond online, click here The consultation ends on 2 May 2017.

Planning and affordable housing for Build to Rent
This consultation seeks views on planning measures to support an increase in Build to Rent schemes across England. This includes changing the National Planning Policy Framework policy to support and to increase the number of new Build to Rent homes, and the provision of Affordable Private Rent homes as the main form of affordable housing provision on Build to Rent schemes. The consultation seeks to promote the availability of longer tenancies (of 3 years or more) in Build to Rent accommodation, to those tenants who want one. For the consultation paper, click here To respond online, click here The consultation ends on 1 May 2017.

Amendment to the Tenant Involvement and Empowerment Standard
From 6 April 2017, the deregulatory measures of the Housing and Planning Act 2016 will come into force, which remove the regulator’s consent powers over constitutional matters and the disposal of social housing assets. As a result, the regulator has considered whether any amendments to its regulatory framework are necessary to continue to meet the consumer regulation objective, specifically to ensure that: actual or potential tenants of social housing have an appropriate degree of choice and protection, and tenants of social housing have the opportunity to be involved in its management and to hold their landlords to account. This consultation document introduces the changes proposed by the regulator to its Tenant Involvement and Empowerment Standard. This change is to clarify and strengthen, rather than to extend, the regulator’s requirements in regard to consulting with tenants on change of landlord. To access the consultation document and to respond to it, click her The consultation closes on 22 March 2017.
HOUSING LAW ARTICLES & PUBLICATIONS

A hard Brexit would risk deepening the UK housing crisis Dawn Foster [2017] The Guardian 17 February. To read this article click here.            
 
Mapping benefits changes: how GIS can help housing associations James Jervis [2017] The Guardian 20 February. To read this article click here.

What is the bold vision for preventing homelessness now? Deborah Garvie [2017] Shelter policy blog 17 February. To read this article click here.

New Government plan to extend Right To Buy 'to hit affordable housebuilding' Jon Stone [2017] The Independent 19 February. To read this article click here.

Does article 6 apply to decisions on entitlement under Part VII, Housing Act 1996? And if so, what difference, if any, will it make? Arden Chambers [2017]. To read this article click here.

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

Further thoughts on the White Paper and some cases Steve Battersby [2017] UK Housing Professionals Forum 17 February. To read the article click here.

Barwell hints at RTB deal for councils Chris Smith [2017] 24housing 21 February. To read this article click here.
THE HOUSING LAW DIARY

23 February 2017
Consultation closes on Proposals to extend coverage of the Freedom of Information (Scotland) Act 2002 to registered social landlords (see Housing Law Consultations)

24 February 2017
Second Reading in House of Lords of Homelessness Reduction Bill (see Housing Laws in the Pipeline)

22 March 2017
Consultation closes on proposed amendment to the Tenant Involvement and Empowerment Standard (see Housing Law Consultations)

24 March 2017
Second Reading in House of Commons of Housing (Tenants' Rights) Bill (see Housing Laws in the Pipeline)
RECRUITMENT


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Head of Prevention and Assessment
London Borough of Waltham Forest
Permanent
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Deputy Ombudsman
Housing Ombudsman Service
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Head of Temporary Accommodation and Reviews
London Borough of Waltham Forest
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Divisional Director Housing & Regeneration
Tower Hamlets Council
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Housing Solutions Officer
Ealing Council
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Senior Private Sector Housing Officer
Boston Borough Council
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Legal Assistant – Housing
London Borough of Merton Council
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Research Analyst
Notting Hill Housing
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Head of Housing Strategy and Partnerships
Cornwall Council
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Tenancy Services Manager
Crawley Council
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