4 July 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Social Sector ACM Cladding Remediation Fund: application guidance
On 3 July 2018 the MHCLG published a Guide for social landlords who can apply for funding to assist with replacing Aluminium Composite Material (ACM) cladding systems on their social residential buildings. The Prime Minister announced on 16 May 2018 that the government will fully fund the removal and replacement of unsafe ACM cladding on social residential buildings 18 metres or over, owned by councils and housing associations, with costs estimated at £400 million. The government is now providing further detail on how local authorities and housing associations can apply for this funding. This guidance confirms the scope of the fund, provides more detail on how it will operate and sets out the information required when applying. For the Guide click here.

Government response to the Housing, Communities and Local Government Select Committee Report: Private rented sector
On 3 July 2018 the Government published its response to the Housing, Communities and Local Government Select Committee inquiry into the role of local authorities in the private rented sector. The response addresses the following:

  • Review and consolidation (of PRS legislation)
  • Sector reform
  • Enhancing Enforcement
  • Innovative approaches

It concludes that “The Government will continue to take an ambitious approach to reforming the PRS as part of wider efforts to fix the housing sector to ensure that everyone, whether they rent or own their home, has an affordable, safe and good-quality place to live.” For the report click here.

Proposals to improve leasehold system
On 2 July 2018 the Communities Secretary, James Brokenshire, announced that new government funding schemes will no longer be able to use the money for unjustified new leasehold houses, “in a continuing push to tackle unfair and abusive practices within the leasehold system”. Among measures announced are:

  • New proposals (on which the government is consulting: see Housing Law Consultations) for 3-year minimum tenancy terms, with a 6-month break clause, to make renting more secure helping renters put down roots, and give landlords longer term financial security.
  • The release of £450 million to speed up delivery of homes on sites of surplus public sector land and encouraging pace and modern methods of construction as a part of the building process.
  • The launch of a new £100 million Community Housing Fund, to deliver affordable housing tailored to local needs, putting communities in the driving seat.

For more information about the proposals generally, click here For more details of proposals for 3-year minimum tenancy terms, click here For the text of James Brokenshire’s speech in which the proposals were announced, click here For the consultation in respect of proposals to overcome barriers to longer tenancies in the private rented sector, see Housing Law Consultations.

Statutory homelessness, prevention and relief
On 29 June 2018 the MHCLG published information (revised from that published on 27 June 2018) on the number of households that reported being homeless (or being threatened with homelessness) to their local authority and were offered housing assistance. Between January and March 2018 local authorities accepted 13,300 households as being statutorily homeless (down 2 per cent from 13,640 on the previous quarter and down 9 per cent from 14,610 in the same quarter of 2017). These are households that are owed a main homelessness duty to secure accommodation as a result of being unintentionally homeless and in priority need. On 31 March 2018 the number of households in temporary accommodation was 79,880 (up 3 per cent from 77,220 on 31 March 2017, and up 66 per cent on the low of 48,010 on 31 December 2010). Local authorities took action to prevent and relieve homelessness for 56,090 households between January and March 2018 (down 1 per cent on 56,880 in the same quarter of 2017).

For the full statistics, click here For an article in The Guardian concerning the level of child homelessness revealed by the statistical release, click here
The MHCLG has also published tables showing local authorities’ actions under the homelessness provisions of the Housing Acts, and total reported cases of homelessness prevention and relief, organised by outcome and local authority. For those tables, click here and refer to tables 784, 784a, 792 and 792a. For a tool, published by the House of Commons Library, allowing the user to view collected homelessness statistics for individual local authorities in England, click here

For the response to the latest figures by the Local Government Association, click here

Rough sleepers – London
On 28 June 2018 the annual Combined Homelessness and Information Network (CHAIN) statistics were released, showing:

  • The number of rough sleepers in London in 2017/18 was 7,484. This represents an 8 per cent decrease compared to the total seen in 2016/17.
  • 54 per cent of new rough sleepers in London (2,406) were previously housed in long term accommodation, including 38 per cent coming from private rented accommodation.
  • The number of people returning to the streets after an absence of a year or more has risen by 8 per cent in the last year, and 53 per cent in the last five.

For a response by Crisis, click here

The Mayor of London, Sadiq Khan, responded to the figures by publishing City Hall’s first ever Plan of Action to tackle rough sleeping, demanding that the Government invest £574 million over five years to provide a long-term, sustainable route off the streets for all rough sleepers in the capital. For more details, click here

Affordable housing in rural England
On 2 July 2018 the Institute for Public Policy Research published a report – A new rural settlement: Fixing the affordable housing crisis in rural England – which sets out a series of policy solutions that, the IPPR claims, would allow rural communities to build the homes they need and “ensure that the English countryside isn’t just able to survive but thrive”. The IPPR says that there is an opportunity to make the case for a tailored approach to delivering the affordable homes that rural communities need. The IPPR adds that, in light of the UK’s decision to leave the European Union, there is also a need to rethink rural policy more widely, creating an opportunity to put the delivery of affordable housing at the heart of a new rural agenda.

For the research, click here For a summary, click here

Remediation of private high-rise residential buildings with ACM cladding
On 28 June 2018 the Communities Secretary, James Brokenshire, announced further action to “drive forward swifter action by building owners to remove potentially unsafe cladding on private sector high-rise residential buildings”. Data published on the same day show that 297 private sector high-rise residential buildings have unsafe cladding; a small additional number are expected to be confirmed. The new measures announced are:

  • A new taskforce to oversee a national programme of remediation in the private sector and ensure plans are in place for every single building affected.
  • A new inspection team, backed by £1 million government funding, consisting of experts from environmental health, building control and fire inspection who will support councils to take enforcement action.
  • An industry meeting next month to enable representatives to present their proposals on solutions to remove unsafe cladding from high-rise buildings without passing on the costs to leaseholders.
  • Letters to be sent to all relevant private sector building owners to remind them of their responsibility to make their buildings safe.

For more details, click here

On 2 July 2018 the Housing, Communities and Local Government Select Committee heard from Dominic Raab, Minister of State for Housing, concerning the consultation on banning combustible cladding on high-rise buildings and fire safety testing regimes.

For more details, click here

Right to Buy sales – England
On 28 June 2018 the MHCLG published statistics for Right to Buy Sales in England for January to March 2018. In that period, local authorities sold an estimated 2,722 dwellings under the Right to Buy scheme (a decrease of 18 per cent from the 3,313 sold in the same quarter of 2017). Local authorities in London accounted for 17 per cent of sales (a decrease from the 20 per cent recorded in the same quarter of 2017). The number of dwellings sold by London boroughs decreased by 31 per cent, from 665 in January to March 2017 to 461 in the same quarter in 2018. Local authorities received approximately £224.9 million from Right to Buy sales (17 per cent lower than the £271.9 million in the same quarter of 2017).

For the full statistics, click here For information relating to individual local authorities, click here and refer to tables 691, 692 and 693.

The Chartered Institute for Housing responded to the figures by calling on the government to suspend Right to Buy because the latest figures reveal that sales continue to outstrip replacements. For the CIH press release, click here

Legal aid and housing cases
On 28 June 2018 the Ministry of Justice published legal aid statistics for January to March 2018. In that period, there were 10,000 legally aided housing cases (down 4 per cent on a year ago) costing £6 million (down 8 per cent on a year ago). Over 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In January to March 2018 there was a 10 per cent decrease in housing work starts compared to the same quarter the previous year. There was a 5 per cent decrease in completed claims and a 15 per cent fall in expenditure.

For the full statistics, click here

Right to rent
On 29 June 2018 the Home Office published updated guidance to help landlords, letting agents and tenants understand right to rent checks. For the guidance, click here

Affordable housing and the National Planning Policy Framework
On 2 July 2018 the Local Government Association said that the definition of “affordable housing” must include homes for social rent in forthcoming government changes to planning policy to tackle the historic low numbers of social rented homes across the country. The LGA warns that homes specifically for social rent are at risk of being eliminated after a revision to the National Planning Policy Framework dropped the reference to “social rent” homes from the Government’s definition of affordable homes, whilst including Starter Homes and other, less genuinely affordable, forms of housing.

For the LGA’s press release, click here

Regulation of Registered Social Landlords (Wales) Act 2018 (Commencement and Transitional Provision) Order 2018
This Order brings into force provisions of the Regulation of Registered Social Landlords (Wales) Act 2018 (the Act). Article 2 appoints 15 June 2018 as the coming into force date of sections 1, 2 and 18 of the Act which are technical provisions, and the power to make consequential amendments etc. Article 3 appoints 15 August 2018 as the coming into force date for any provision of the Act to the extent that it has not already been commenced before this date. Article 4 makes a transitional provision in respect of the removal of the requirement to hold a disposal proceeds fund.

For the Order, click here For the Act, click here

Evaluation of homelessness services to adults leaving prison – Wales
On 27 June 2018 the Welsh Government published an evaluation assessing the implementation and perceived impact of changes to homelessness services available to adults leaving the secure estate (ie prison). The report evaluates the service given on reception, pre-release an in the community. In the absence of conclusive statistical information, opinion was divided as to whether more or fewer prison leavers were being released as homeless. Most local authority stakeholders perceived, however, that the level of support provided to prison leavers eligible for housing related interventions in the medium and longer term was better than before the National Pathway was introduced. Transitional funding and Supporting People funding had been used in various way to provide for the needs of prison leavers.

For the report, click here For a summary, click here

Estate agents (and letting agents) ‘in financial distress’
On 29 June 2018 Moore Stephens reported that more than 7,000 UK estate agents currently show signs of financial distress. Whilst the firm says that this is largely as a result of online competition, it also notes that “government plans to ban letting fees charged to tenants may narrow the profit margins of some estate agents even more, as fees from tenants currently contribute significantly to the bottom line”.

For more information, click here

Costs in leasehold cases and residential property cases
On 2 July 2018 the Tribunal Procedure Committee (TPC) announced that it had concluded that a case has not been made out for changes to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 in respect of capping of costs recoverable under the costs provisions in leasehold and residential property cases.

For the consultation response, click here For the original consultation document, 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

Homes (Fitness for Human Habitation) 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. On 14 January 2018 the government confirmed that it would support the Bill. It completed its committee stage on 20 June 2018 (when its original title was simplified to that above) and will have its report stage on 26 October 2018. For the Bill as amended in committee, click here For a House of Commons Library research briefing (prepared for the second reading debate), click here . 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

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 6 July 2018. 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 was 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 6 July 2018. To follow progress of the Bill, click here

Creditworthiness Assessment Bill

This Private Member’s Bill was introduced by Lord Buck and had its second reading in the House of Lords on 24 November 2017. The Bill would require certain matters (including rental payment history) to be taken into account when assessing a borrower’s creditworthiness. For the Bill as introduced, click here The Bill had its committee stage on 11 May 2018. It will have its report stage (when there will be further line by line examination of the Bill) on a date to be announced. For progress of the Bill, click here

Private Landlords (Registration) Bill

This Bill was introduced to Parliament on 17 January 2018 under the Ten Minute Rule. The Bill seeks to require all private landlords in England to be registered. The second reading of the Bill has been postponed to 26 October 2018. For the Bill, as introduced, click here To read the debate on introduction of the Bill, click here To follow progress of the Bill, click here

Leasehold Reform Bill
This Bill, introduced to Parliament on 7 November 2017 under the Ten Minute Rule and sponsored by Justin Madders, makes provision about the regulation of the purchase of freehold by leaseholders; to introduce a system for establishing the maximum charge for such freehold; to make provision about the award of legal costs in leasehold property tribunal cases; and to establish a compensation scheme for cases where misleading particulars have led to certain leasehold agreements. It is scheduled to receive a second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here

Homelessness (End of Life Care) Bill

This Bill, sponsored by Sir Edward Davey, was introduced to Parliament on 7 February 2018 under the Ten Minute Rule. It makes provision about end of life care and support for homeless people with terminal illnesses, including through the provision of housing for such people. The Bill’s second reading has been further postponed to 6 July 2018. The Bill itself is being prepared for publication. To follow progress of the Bill, click here

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill
This government Bill was given its first reading in the House of Commons on 28 March 2018. It makes provision, where two or more hereditaments occupied or owned by the same person meet certain conditions as to contiguity, for those hereditaments to be treated for the purposes of non-domestic rating as one hereditament; and to increase the percentage by which a billing authority in England may increase the council tax payable in respect of a long-term empty dwelling. The Bill has completed its passage through the House of Commons. It had its first reading in the House of Lords on 16 May 2018 and second reading on 4 June 2018. The committee stage was completed on 19 June 2018. The report stage is due to take place on 4 July 2018.  For the second reading debate, click here For the Bill as introduced in the House of Lords, click here For the government’s announcement of the Bill, click here To follow progress of the Bill, click here

Tenant Fees Bill

This government Bill makes provision for prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; makes provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; and amends the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents and the provisions of the Housing and Planning Act 2016 about client money protection schemes. It received its first reading on 2 May 2018 and its second reading on 21 May 2018. For the second reading debate, click here The Bill will next be considered at report stage on a date to be announced. For the Bill as introduced, click here For the impact assessment, click here For a research briefing prepared for the report stage, click here To follow progress of the Bill, click here

Housing and Planning (Local Decision-Making) Bill

This Private Member’s Bill seeks to remove powers of the Secretary of State in relation to the location of and planning permission for new housing developments; to give local authorities powers to establish requirements on such developments in their area, including requirements on the proportion of affordable and social housing. It received its first reading on 13 March 2018 and is due to receive its second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here

Renting Homes (Fees etc.) (Wales) Bill
This Welsh Government Bill includes provision for: prohibiting certain payments made in connection with the granting, renewal or continuance of standard occupation contracts; and the treatment of holding deposits. The Bill is currently at Stage 1. For the Bill, as introduced, associated information and to follow its progress, click here
 

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HOUSING LAW CONSULTATIONS
 

Consultation on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) – Scotland
The Scottish Government says that consultation on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) will be a critical part of Energy Efficient Scotland, and realising its vision that by 2040 homes and buildings will be ‘warmer, greener and more efficient’. When EESSH was launched in 2014, a review was proposed for 2017 to assess progress towards the 2020 target and consider future milestones beyond 2020. Phase 1 of the Review assessed progress and concluded with publication of revised EESSH Guidance for Social Landlords in December 2017. Phase 2 of the Review considered milestones and activity post 2020, with the EESSH Review Group recommending the proposals set out in this public consultation. The Scottish Government wants to hear views on these proposals for new milestones for the Energy Efficiency Standard for Social Housing. Responses will help inform how the government continues to improve energy efficiency in social housing in Scotland. The consultation closes on 27 July 2018. For the consultation document, click here

Consultation on banning the use of combustible materials in the external walls of high-rise residential buildings.
This consultation is seeking views on proposals to revise the building regulations to ban the use of combustible materials in the inner leaf, insulation and cladding that are used in external wall systems on high-rise residential buildings. The consultation closes on 14 August 2018. For the consultation paper click here For details of the various ways in which to respond to the consultation click here

Consultation on overcoming the barriers to longer tenancies in the private rented sector
This consultation invites view and comments on the benefits and barriers of landlords offering longer tenancies. The government is also seeking views on its proposed model for a 3-year tenancy with a 6-month break clause, and the options for implementing this. The model is designed to give tenants certainty over rents, and retains the flexibility that many desire. The consultation closes on 26 August 2018. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

'Silver splitters' fuelling rising homelessness among over-60s Olivia Rudgard, The Telegraph 27 June 2018- to read the article click here

Child homelessness in England at highest level since 2007 Patrick Greenfield, The Guardian 27 June 2018 - to read the article click here

Action needs to combat 'historic low' social housing numbers Local Government Association 2 July 2018 - to read the article click here

UK heatwave particularly dangerous for homeless people Mattha Busby,The Guardian 30 June- to read the article click here

How building affordable homes can help to reduce rural isolation and loneliness Martin Collett, National Housing Federation Blog - to read the item click here

Letting fees bill - the parliamentary journey so far Rhea Newman, Shelter Blog 29 June 2018- to read the item click here

HOUSING LAW DIARY
 

4 July 2018
Report stage of Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill (see Housing Laws in the Pipeline)

6 July 2018      
Second reading of Affordable Home Ownership Bill (see Housing Laws in the Pipeline)

6 July 2018      
Second reading of Sublet Property (Offences) Bill (see Housing Laws in the PIpeline)

6 July 2018      
Second Reading of MObile Homes and Park Homes BIll (see Housing Laws in the Pipeline)

9 July 2018      
Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018 come into force

27 July 2018      
Consultation closes on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) - Scotland (see Housing Law Consultations)

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