22nd March 2017
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HOUSING LAW NEWS & POLICY ISSUES

Social housing sales

On 16 March 2017 the DCLG published tables showing the number of sales of social housing stock, whether owned by local authorities or private registered providers. The most common of these sales are by the Right to Buy (and preserved Right to Buy) scheme and there are separate tables for sales under that scheme. In 2016-16 there were 21,992 sales (including 16,223 Right to Buy sales). In the previous year there were 20,454 sales. To access the data, click here

Right to Buy sales – October to December 2016
On 16 March 2017 the DCLG published statistics showing Right to Buy sales for October to December 2016. They show that local authorities sold an estimated 3,115 dwellings under the Right to Buy scheme. This is a decrease of 4 per cent from the 3,250 sold in the same quarter of 2015-16. Local authorities in London sold an estimated 658 dwellings under the Right to Buy scheme in that period. This is a decrease of 22 per cent from the 847 sold in the same quarter of 2015-16. Local authorities in London accounted for 21 per cent of sales in the period (5 percentage points lower than the same quarter of 2015-16). For the statistics, click here

Abolition of Right to Buy – Wales
The Welsh Government has published the Abolition of the Right to Buy and Associated Rights (Wales) Bill. It is currently the subject of an inquiry into its general principles by the Equality, Local Government and Communities Committee. For more details, see Housing Laws in the Pipeline.

Rough sleeping
On 13 March 2017 the Centre for Social Justice published a report – Housing First; housing-led solutions to rough sleeping and homelessness – which urges the Government to adopt the Finnish model of addressing rough sleeping, known as Housing First. The system provides individuals with a stable independent home, combined with personalised support to gain access to mental health services, drug and alcohol support, in addition to training for employment when and if they are ready. For the report, click here For the CSJ’s press release, click here For a response from Homelessness Link, click here

Flexible homelessness support grant
On 15 March 2017 the DCLG announced that “the new ‘flexible homelessness support grant’ [would be] a radical replacement of the tightly controlled funding currently given to source and manage temporary accommodation for homeless individuals and their families”. The new grant will enable councils to support the full range of homelessness services, including, for example, employing a homelessness prevention or tenancy support officer to work closely with people who are at risk of losing their homes. For the announcement, click here

Housing Benefit
On 16 May 2017 the Department for Work and Pensions published the Housing Benefit subsidy guidance manual 2016 to 2017. The guidance is for local authorities and explains the subsidies DWP pays them for certain costs of the Housing Benefit scheme. To access the manual, click here

Universal Credit (Tenant Incentive Scheme) Amendment Regulations 2017
These regulations, which come into force on 30 April 2017, amend Part 5 of Schedule 4 to the Universal Credit Regulations 2013, which provides for the calculation of the housing costs element in universal credit for claimants who are liable to pay rent to providers of social housing (other than temporary accommodation). Regulation 2 inserts new paragraph 32A which provides for any reduction in a claimant’s rent or service charges that has been applied by a provider of social housing under an incentive scheme approved by the Secretary of State to be disregarded in the calculation of the housing costs element. For the 2013 Regulations, click here For the 2017 Amendment Regulations, click here

Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017
These regulations, which come into force on 6 April 2017, amongst other matters, revoke paragraph (1A) of rule 183A of the Land Registration Rules 2003, which requires a private registered provider of social housing who applies for registration as the proprietor of a registered estate or registered charge to include a statement to that effect. For the 2003 Rules, click here For the 2017 Regulations, click here

Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017
These regulations, which come into force on 6 April 2017, make provision for how a local housing authority in England must deal with any amount recovered under a rent repayment order under Chapter 4 of Part 2 of the Housing Act 2016 or sections 73 or 96 of the Housing Act 2004 and any financial penalty recovered under section 249A of the 2004 Act. Any such amount may be used to meet an authority’s costs and expenses incurred in carrying out its functions connected with the private rented sector under Parts 1 to 4 of the 2004 Act and Part 2 of the 2016 Act or connected with the enforcement of legal requirements under, and promotion of compliance with, other legislation relating to the private rented sector. If it is not used for that purpose the Local Housing Authority must pay it into the Consolidated Fund. The 2017 Regulations also make provision in relation to rent repayment orders made under the 2016 Act, financial penalties imposed under section 249A of the 2004 Act and rent repayment orders made under sections 73 and 96 of the 2004 Act by amending the Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007. For the 2004 Act, click here For the 2016 Act, click here For the 2017 Regulations, click here

Housing affordability in England and Wales 1997 to 2016
On 17 March 2017 the Office for National Statistics published data showing that, on average, working people could expect to pay around 7.6 times their annual earnings on purchasing a home in England and Wales in 2016, up from 3.6 times earnings in 1997. The median price paid for residential property in England and Wales increased by 259% between 1997 and 2016; median individual annual earnings increased by 68% in the same period. The most affordable local authority in 2016 was Copeland, with house prices being on average 2.8 times greater than annual earnings, whereas Kensington and Chelsea was the least affordable with house prices being 38.5 times greater than annual earnings. The gap between the least affordable and most affordable parts of England and Wales has increased over the last two decades; housing affordability has worsened in all local authority districts. Housing affordability has worsened fastest in London boroughs over the last two decades. For the report, click here

Homes and Communities Agency – intervention, enforcement and use of powers
On 16 March 2017 the Homes and Communities Agency published updated guidance on its general approach to intervention and enforcement. It presents the high-level objectives and principles to dealing with poor performance. The guidance notes also set out details on the use of each power. To read the document, click here

Bailiff services
On 17 March 2017 Citizens Advice published a report calling for “fundamental bailiff reform”. The report presents evidence of “continued problems with bailiff behaviour, ineffective complaints mechanisms, the difficulty of suspending bailiff action and problems arising from the new bailiff fee structure”. It includes recommendations as to how reforms might benefit people in debt, creditors, local and central government, and the bailiff industry itself. For the report, click here For the related press release, 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 completed all its stages in the House of Commons and received its Second Reading in the House of Lords on 24 February 2017. An Order of Commitment was discharged on 10 March 2017 so that the Bill will now receive its Third Reading on 23 March 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 in advance of the Third Reading (published on 19 March 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. It completed its Committee stage, without amendment, on 1 March 2017 and will have its Report stage on 24 March 2017. To read debates on all stages of the Bill, click here 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

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill is currently at Stage 1. The Equality, Local Government and Communities Committee is undertaking an inquiry into the general principles of the Bill. The Committee is inviting submissions of written evidence to assist in its consideration of the Bill. Submissions should arrive by 28 April 2017. For progress of the Bill, the text of the Bill itself and explanatory memorandum, click here and scroll down.
NEW HOUSING CASES

Matthew Jones v Canal & River Trust
[2017] EWCA Civ 135
Mr Jones appealed an order dismissing an earlier appeal from an order of the Bristol County Court dated 24th September 2014 striking out three paragraphs of Mr Jones’ defence which were based upon Article 8 of the European Convention on Human Rights (“ECHR”).

Background
The Respondent sought a declaration that it was entitled to remove the Appellant’s boat, from the Kennet & Avon Canal near Bradford-on-Avon, pursuant to statutory powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. It also applied for injunctions restraining the Appellant from mooring his vessel on the canal and from mooring, navigating or securing the boat on any of its canals or waterways.

The Respondent managed and controlled a significant amount of the inland waterways in England and Wales. Anyone wishing to navigate or moor on such waterways required one or more of a number of licences or consents from the Respondent: see, e.g. section 17 of the British Waterways Act 1995.

From about 2011, the Appellant had his boat on the Canal. He had a licence (originally granted by the British Water Board) based upon a declaration by him that the vessel would be used for genuine navigation during the licence period. The Respondent took the view that the Appellant was not using the vessel in the manner permitted and brought the present claim.

 The correct application of s.17 to the facts of the case was in issue between the parties and it was common ground that the issues arising under that section would have to go to trial.

The Appellant had also raised and pleaded a defence based upon Article 8 of the ECHR and one based upon the Equality Act 2010.

The Respondent sought an order dismissing summarily the Appellant’s Article 8 defence. The basis of the application was that the case should be judged according to the same broad criteria applicable to public housing authorities who apply for possession of residential premises as considered in Manchester City Council v Pinnock [2010] UKSC 45, Hounslow LBC v Powell [2011] UKSC 8 and Thurrock BC v West [2012] EWCA Civ 1435.

The Respondent’s argument was that its position as the statutory body, entrusted with management of the waterways, was broadly analogous for present purposes to that of housing authorities bringing possession proceedings in respect of residential premises. Accordingly, the assumption should be that its decision to bring enforcement proceedings was proportionate and the Article 8 case made by the Appellant could be summarily dismissed. The Appellant argued that the role of the Respondent was different from that of a housing authority managing a public housing stock. Reliance was placed upon Bank Mellat v HM Treasury (No. 2) [2013] UKSC 39. It was submitted that a trial process was required in order for the Respondent to make out, if it could, the proportionality of the decision taken.

The County Court judge held that whilst the Respondent was not a housing authority, it had important duties and obligations in respect of the management of the waterways which had to be exercised in the interests of boat-users and the general public. There would be a significant burden on the Respondent in having to consider Article 8 rights in every case involving alleged breaches of licence conditions. Accordingly, he considered that it was appropriate to deal with the matter summarily and struck out the Article 8 defence.

On 6th March 2015 the Appellant’s appeal to the High Court was dismissed in a very short judgment. On 21st May 2015 Lewison J granted permission for a second appeal.

The Court of Appeal
The appeal was heard by Jackson, McCombe and Sales LLJ. The grounds of appeal which were the focus of the argument were:

i)          The judges below were wrong to apply the “exception” given to housing authorities and other social housing landlords from the requirement of a “structured approach” to the proportionality question under Article 8, derived from Pinnock and related cases.

ii)          It was wrong to apply the exception derived from Pinnock on the basis of the “burden” otherwise imposed upon the Respondent in discharging its functions.

iii)         Even if the Pinnock exception might otherwise apply, the county court judge erred in not allowing the Appellant’s case under Article 8 to proceed to trial.

In his judgment with which Jackson and Sales LJ agreed McCombe LJ held that:

    1. “…in parity with the housing cases, in cases of the present type the court will usually be able to proceed on the basis that the authority has sound management reasons for wishing to enforce rigorously its licensing regime, without such reasons being distinctly pleaded and proved… The management duties and the authority’s ownership rights should normally, I think, be taken as a “given” and as having strong weight in the assessment of proportionality under Article 8. However, unlike the housing cases, the relative weight of the competing interests of a boat operator, using his vessel as a home, may not always be as easily apparent in an individual case, at least where there are underlying disputes as to whether the Respondent was entitled to act as it did in terminating a licence.”

McCombe LJ went on to say that he could imagine cases where a Pinnock–style summary assessment before trial would be possible. However, in some cases, the “personal circumstances and any factual objections” raised may give rise to a seriously arguable case.

The Court of Appeal held that the overall context of the proceedings did not allow the judge to summarily dismiss the Article 8 defences as he did. In the instant case, there was an issue as to whether the licence conditions had truly been broken and therefore it was not the case that the Respondent’s property rights and management rights could be invoked unquestioningly. Accordingly, the appeal was allowed and the order striking out the Article 8 defence was reversed.

Summary by Alice Richardson, barrister, Arden Chambers.  For the full judgment click here.

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HOUSING LAW CONSULTATIONS

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.

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

Changes to the frequency of Help to Buy Wales statistical outputs
Data on the Help to Buy – Wales Shared Equity Loan Scheme are published on Stats Wales on a monthly basis, covering activity at the local authority level. The Welsh Government publish a Statistical Headline every three months plus an annual release. On 1 March 2017 the Welsh Government opened a consultation on proposals to reduce the frequency of these data outputs from May 2017 onwards to bring them in line with the publication of other statistics on housing supply. To respond to the consultation, click here The consultation closes on 24 May 2017.

EHRC inquiry and Call for Evidence: Housing for Disabled People
The Equality and Human Rights Commission launched an inquiry into housing for disabled people in December 2016, and called for evidence in February 2017.  Submissions from disabled people and relevant organisations should be made by 18 April 2017. The Commission will look at whether the availability of accessible and adaptable housing, and the support services around it, is fulfilling disabled people’s rights to live independently.  For more information, click here

Abolition of the Right to Buy and Associated Rights (Wales) Bill
The  Equality, Local Government and Communities Committee is undertaking an inquiry into the general principles of this Bill. The Committee is inviting submissions of written evidence to assist in its consideration of the Bill. Submissions should arrive by 28 April 2017. For more details, see Housing Laws in the Pipeline.

Hidden Homelessness in London
The Housing Committee of the London Assembly is investigating the experiences of hidden homeless people in the capital, to try and understand the causes and what more can be done to tackle the problem. The committee meets on 23 March 2017 to discuss this topic, and will be hearing from experts and people who have experienced hidden homelessness. For more information, click here Anyone prepared to share their experience of hidden homelessness with the committee, or wishing to raise an issue about it should email HousingCommittee@london.gov.uk
HOUSING LAW ARTICLES & PUBLICATIONS

Housing repairs: update
John Beckley [2017] March issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here

Double-edged sword: Can you have two possession orders at once? Richard Williams [2017] Local Government Lawyer 16 March. To read this article, click here

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

Tenants gain right to make energy efficiency improvements Mike Wragg [2017] BP Collins Blog 9 March. To read this article, click here

Shifting attitudes to welfare: Insights into our ‘change audience’ Tilly Williams [2017] Shelter Blog 14 March. To read this article, click here

Discretionary Housing Payments and long term awards Giles Peaker [2017] Nearly Legal 14 March. To read this article, click here

Putting Housing First to reduce homelessness Ursula Ralph [2017] Shelter Blog 15 March. To read this article, click here

Despite the political impasse in Northern Ireland, there is hope on housing Paddy Gray [2017] Guardian 15 March. To read this article, click here

Revamping the Green Deal: putting consumers at the heart of a new home improvement programme Richard Howard [2017] Policy Exchange Blog 16 March. To read this article, click here

Temporary accommodation: Here’s what we should do to prevent homelessness Heather Spurr [2017] Shelter Blog 16 March. To read this article, click here

Downplaying Brexit to overseas investors won't help UK housing crisis Dawn Foster [2017] Guardian 17 March. To read this article, click here

'How do I evict my freeloading children from my buy-to-let property?' Amelia Murray [2017] The Telegraph 18 March. To read this article, click here

I am a legal aid lawyer for people facing eviction – they are the real Daniel Blakes Sue James [2017] Guardian 18 March. To read this article, click here
THE HOUSING LAW DIARY

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

23 March 2017              
Housing Committee of London assembly meets to discuss ‘hidden homeless’ (see Housing Law Consultations)

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

24 March 2017              
Report stage in House of Commons of Crown Tenancies Bill (see Housing Laws in the Pipeline)

31 March 2017              
Consultation closes on Procedure of the First Tier Tribunal Housing and Property Chamber (Scotland) (see Housing Law Consultations)

1 April 2017                  
Universal Credit (Housing Costs Element for Claimants aged 18 to 21) (Amendment) Regulations 2017 come into force (see Housing Law News and Policy Issues)

3 April 2017                  
Consultation closes on Private Rented Sector in Northern Ireland – Proposals for Change (see Housing Law Consultations)

6 April 2017                  
Commencement of Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017 (see Housing Law News and Policy Issues)

10 April 2017                
Commencement of various sections in Part 2 of the Housing and Planning Act 2016 (see Housing News and Policy Issues)

18 April 2017                
Deadline for submissions to EHRC inquiry and Call for Evidence: Housing for Disabled People (see Housing Law Consultations)

28 April 2017                
Consultation closes on Renting Homes (Wales) Act 2016 – Guidance relating to supported accommodation (see Housing Law Consultations)

28 April 2017                
Consultation closes on Abolition of the Right to Buy and Associated Rights (Wales) Bill (see Housing Law Consultations)
RECRUITMENT


Featured Job of the Week


Housing Strategy Officer
East Herts Council
Grade 5
Salary: £20,723 - £25,549
(inc. local weighting and the National Pay Award from 1 April 2017)
Full Time - 37 hours a week
Based at Wallfields, Hertford
Closing date: Friday 7 April 2017 at 5pm

We are looking for a talented and dedicated individual who can join our growing Housing Team to deliver our Housing and Health Strategy.  You will support the Housing Development and Strategy Manager working on a wide range of housing related projects. 

You will have excellent research skills, an analytical understanding, experience of providing evidence based reports and the confidence to provide policy support to take the Housing and Health Strategy forward in East Herts. 

For an informal discussion regarding the role, please contact Louise Harris, Housing Development and Strategy Manager, on 01992 531602.

CVs will not be accepted.
Interviews will be held on Monday 24th April 2017.
For further details and an application form click here

 
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Viridian Housing
Tenancy Fraud Administrator
Job Ref: TFF/17/29876
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Director - Homes and Communities
Sandwell Metropolitan Borough Council
Job Ref: SAND000002442
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Options Officer (Private Rented) (Maternity cover)
Oxford City Council
Job Ref: 001091
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Licensing, Enforcement and Grant Coordination Manager
Lewisham Council
Job Ref: CUS-16-069
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Enforcement, Intelligence and Tenancy Rights Officer
Lewisham Council
Job Ref: CUS-16-066
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Housing Customer Service Team Leader
Brighton & Hove City Council
Job Ref: B&H02404
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Accommodation Team Tenancy Officer
Royal Borough of Kensington & Chelsea
Job Ref: 2534
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Housing Advice Officers
(12 months fixed term contract)
Stevenage Borough Council
Job Refs: HS29103, HS29104.
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Former Tenant Arrears Adviser
Stevenage Borough Council
Job Ref: TS01562
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