22nd November 2017
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HOUSING LAW NEWS & POLICY ISSUES
 

Budget – NFA and ARCH calls
On 17 November 2017 the National Federation of ALMOs (NFA) and the Association for Retained Council Housing (ARCH) called on the Chancellor of Exchequer to free up local authority borrowing limits for Housing Revenue Accounts and remove the barriers to council house building across England. The NFA and ARCH, also published a new report, Raising the Roof, that investigates the extent of unutilised borrowing headroom within Housing Revenue Accounts (HRA) in England. For the press announcement, click here For the report, click here

Housing supply   
On 16 November 2017 the DCLG published statistics for annual housing supply in England. There were 217,350 net additional dwellings in 2016-17, up 15 per cent on 2015-16. Those net additions in 2016-17 resulted from 183,570 new build homes, 37,190 gains from change of use between non-domestic and residential, 5,680 from conversions between houses and flats and 720 other gains (caravans, house boats etc.), offset by 9,820 demolitions. 18,887 of the net additions from change of use were through ‘permitted development rights’ (full planning permission not required). These comprised 17,751 additional dwellings from former offices, 330 from agricultural or forestry buildings, 106 from storage buildings and 700 from other non-domestic buildings. For the statistics, click here For tables showing housing supply by local authority district, click here For the DCLG’s related announcement, click here For latest comments by the Prime Minister about housing supply, click here For a speech on the housing market by the Communities Secretary, Sajid Javid, click here For tables showing all dwelling stock, including vacants, click here For the Local Government Association’s response to the figures, click here

Housing legal services – Buckinghamshire, Milton Keynes, Blackpool, Preston
On 16 November 2017 the Legal Aid Agency sought expressions of interest from 2013 Standard Civil Contract holders for the delivery of housing and debt services in the Buckinghamshire procurement area. In addition, the LAA sought expressions of interest from 2013 Standard Civil Contract holders currently delivering housing and debt services for the delivery of the following Housing Possession Court Duty Schemes until new contracts start on 1 October 2018: Milton Keynes (delivered at Milton Keynes County Court and Family Court) and/or Blackpool & Preston (delivered at Blackpool County Court and Family Court and Preston Combined Court Centre). For more information, click here

Local Plan intervention – Secretary of State writes to 15 local authorities
On 16 November 2017 the Communities Secretary, Sajid Javid, served notice on 15 local authorities that government has begun the formal process of intervention as set out in the Housing White Paper. For further details and the text of the Secretary of State’s letter, click here

Travellers – count of caravans in England
On 16 November 2017 the DCLG published statistics showing that the total number of traveller caravans in England in July 2017 was 22,792, which was 1,422 more than in July 2016. 6,701 caravans were on authorised socially rented sites (an increase of 429 since July 2016). 12,370 caravans were on authorised privately funded sites (753 more than in July 2016). 2,197 caravans were on unauthorised developments, on land owned by travellers (19 fewer than in July 2016). 1,524 caravans were on unauthorised encampments, on land not owned by travellers (259 more than in July 2016). To access the statistics, click here

‘Zambrano’ carers – Supreme Court judgment
On 15 November 2017 the Supreme Court handed down judgment in R (on the application of HC) v Secretary of State for Work and Pensions and others [2017] UKSC 73. The Court rejected the appellant’s claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful. For an article in Local Government Lawyer analysing the judgment, click here

Universal Credit: Landlord request for a managed payment or rent arrears deduction
On 20 November 2017 the Department for Work and Pensions replaced the landlord request for a managed payment or rent arrears deduction, form UC47, with new versions. To access them, click here

Housing Benefit general information bulletins
On 17 November 2017 the Department for Work and Pensions published HB G11/2017 which includes: an update on the Verify Earnings and Pensions service; an update on the National Fraud Initiative; a reminder about the Payment Deduction Project; HB Decisions with the Upper Tribunal; new legislation; etc. For the bulletin, click here

Moves of Housing Benefit claimants December 2014 to November 2016
On 16 November 2017, the DWP, in response to a Freedom of Information request for an update to the figures in the ad hoc publication Moves of Housing Benefit claimants, last published on 25 August 2015, published spreadsheets that provide figures for the quarters December 2014/ February 2015 to September 2016/ November 2016. For the data, click here

Ban on landlord and letting agents fees
On 16 November 2017 the House of Commons Communities and Local Government Select Committee announced that it was conducting a pre-legislative scrutiny of the Government's proposals to ban letting fees imposed by landlords and letting agents on tenants. For more details, click here

Reclassification of English housing associations
On 16 November 2017 the Office for National Statistics (ONS) published the conclusions of an assessment of the housing associations sector in England. The review was completed in the context of international rules laid out in the European System of Accounts 2010 and the accompanying Manual on Government Deficit and Debt 2016. ONS has concluded ‘that registered providers of social housing in England are private, market producers and as such they will be reclassified to the private non-financial corporations (S.11002) sub-sector for the purpose of national accounts and other economic statistics’. This classification takes effect from 16 November 2017, the date new regulations (see next below) came into force. The reclassification has been communicated in a letter, also sent on 16 November 2017. For details, click here To read the response of the Chartered Institute of Housing, click here

Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017
The Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017, which were made on 15 November 2017 and came into force on 16 November 2017, make provision to reduce the amount of local authority influence over private registered providers (PRPs). PRPs are defined in Part 2 of the Housing and Regeneration Act 2008. The regulations apply notwithstanding any provision in a PRP’s constitution or any contractual arrangement a PRP may have in relation to its constitutional arrangements. The regulations do not apply to a body which is both a wholly-controlled subsidiary of a local authority and is a non-profit organisation within the meaning of section 115 of the 2008 Act. For the 2017 Regulations, click here For the 2008 Act, click here

Legal Aid (Scotland) Act 1986 Amendment Regulations 2017
The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017, which come into force on 1 December 2017, amend Part 1 of Schedule 2 to the Legal Aid (Scotland) Act 1986. Regulation 3 amends the Legal Aid (Scotland) Act 1986 to make civil legal aid available for specified tenancy related disputes before the First-tier Tribunal for Scotland. With the exception of private residential tenancies, which are a new type of tenancy created by the Private Housing (Tenancies) (Scotland) Act 2016, these disputes will have been heard by the sheriff court prior to 1 December 2017. For the 2017 Regulations, click here For the 1986 Act, click here

Domestic violence
On 14 November 2017 Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) published its third in a series of thematic reports which consider the response provided to victims of domestic abuse by the police service. The report notes that whilst multi-agency safeguarding hubs (MASHs) are well established in the majority of force areas and various agencies are well represented in MASHs, housing agencies are involved in only 24 percent of MASHs. In response to a recommendation in the last domestic abuse thematic report, the Home Office is leading work to develop some principles for multi-agency working in this area. A publication date has yet to be confirmed. For the latest report, click here

Rethinking social housing – CIH project
On 15 November 2017 the Chartered Institute of Housing announced a ‘major new project … to help shape the future of social housing’.  Rethinking social housing ‘will combine original research and engagement with the sector, tenants, politicians and the public to explore fundamental questions about the future of social housing’. For more details, click here

Rent Smart Wales – prosecutions
On 15 November 2017 Rent Smart wales announced the first successful prosecution of a commercial agent in Wales for managing properties without a licence. Cabinet Member for Housing and Communities, Cllr Lynda Thorne, said: "As well as court action and potentially a large fine, landlords and agents could face rent penalties and restriction on re-possession of their property as a result of non-compliance. There is no excuse for a commercial agent not to be registered and licensed. I urge any landlords who use a commercial agent to check they are Rent Smart Wales compliant to ensure they are carrying out management duties legally." For more details, click here

Accelerated possession proceedings – new form
HMCTS have released a new N5B claim form – the claim form for accelerated possession proceedings after service of a section 21 notice. For a post by Giles Peaker on Nearly Legal about the new form, 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 now take place in Plenary on 28 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

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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

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

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

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

Possible changes to costs in leasehold cases and residential property cases
On 9 November 2017 the Tribunal Procedure Committee published a consultation seeking views as to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 in relation to the question of placing a cap or caps on costs recoverable under the costs provisions in leasehold and residential property cases. The consultation closes on 1 February 2018. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

Universal Credit – here comes the homelessness Giles Peaker [2017] Nearly Legal 15 November. To read this article, click here

Smashing avocados, not the housebuilding targets Toby Lloyd [2017] Shelter Blog 16 November. To read this article, click here

Money alone will not fix the housing market Susan Emmett [2017] Policy Exchange 17 November. To read this article, click here

Housing organisations must do more to tackle domestic abuse Alison Inman [2017] CIH Blog 17 November. To read this article, click here

Developing an offer for our tenants Catherine Ryder [2017] NHF Online 17 November. To read this article, click here

Time to contact your MP – Homes Fit For Habitation Giles Peaker [2017] Nearly Legal 19 November. To read this article, click here

The Guardian view on the housing crisis: Fiscal Phil’s last chance Editorial [2017] Guardian 19 November. To read this article, click here

On Universal Credit, the government is ignoring the elephant in the room Heather Spurr [2017] Shelter Blog 20 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
 

22 November 2017
Autumn Budget

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

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

7 December 2017                     
Consultation closes on London Housing Strategy (see Housing Law Consultations)

11 December 2017                   
Consultation closes on Homelessness code of guidance for local authorities (see Housing Law Consultations)

13 December 2017                   
Consultation closes on Mandatory client money protection schemes for property agents (see Housing Law Consultations)

15 December 2017                   
Consultation closes on Future role of alternative dispute resolution in civil justice (see Housing Law Consultations)

17 December 2017                   
Consultation closes on Improving the home buying and selling process: call for evidence (see Housing Law Consultations)

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