HOUSING LAW NEWS & POLICY ISSUES

Social housing sales in England: 2017 to 2018
On 28 November 2018 the MHCLG published information on sales by local authorities and private registered providers. It includes schemes and types of sale other than the Right to Buy scheme such as private sales, Preserved Right to Buy, Right to Acquire and Social HomeBuy. The statistical release states that:

• In 2017-18 there were 20,891 sales of social housing dwellings: this amounts to 0.5% of the total stock of 4 million social rented sector dwellings.
• Sales are down by 10 per cent on last year, but are still above the 8,061 sales before the introduction of increased Right to Buy discounts in 2012.
• Of the total sales, 12,059 were by local authorities and 8,832 by private registered providers (PRP).
• Local authority Right to Buy sales amounted to 11,833, a decrease of 12 per cent on the previous year. There were 4,223 Right to Buy sales by PRPs, down 10 per cent on the previous year. The total Right to Buy sales were 16,056 and account for 77 per cent of all sales.
• In 2017-18, Local authority Right to Buy sales had an average discount of 42 per cent of the selling price, 15 percentage points higher than in 2011-12.
• PRP Right to Buy sales had an average discount of 51 per cent of the selling price, 20 percentage points higher than in 2011-12.

For the statistical release, click here To access tables showing social housing sales, Right to Buy sales, other schemes, household characteristics, local authority housing statistics data, and sale of local authority dwellings, click here

Social housing lettings in England: April 2017 to March 2018
On 28 November 2018 the MHCLG published statistics on social housing lettings in England provided by local authorities and private registered providers. The statistical release states that:

• There were a total 313,000 new social housing lettings in 2017/18, a 6% decrease on the previous year. 1 in 94 people in England moved in social housing in 2017/18.
• Two-thirds of new social housing lettings in 2017/18 were to tenants not living in social housing immediately previously.
• Statutorily homeless households comprised 18% of lettings.
• Three-quarters of new social housing households in 2017/18 were led by single adults, with 31% of lead tenants employed.
• Black households were over-represented in social housing, whilst Asian households were under-represented.
• Average rent for a new social letting in 2017/18 was £83 per week with households spending 34% of their income on rent.
• Two-thirds of new social lettings in 2017/18 were lifetime.

For the statistical release, click here

Domestic Private Rented Sector minimum level of energy efficiency
On 29 November 2018 the Department for Business, Energy & Industrial Strategy published its response to the consultation on the Domestic Private Rented Sector minimum level of energy efficiency. It sets out the policy decisions on amendments to The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 for domestic properties. The key decisions include:

• the introduction of a capped landlord contribution of £3,500 (inclusive of VAT)
• removal of the Consent Exemption currently available where a sitting tenant does not consent to a Green Deal charge
• inclusion of an evidential requirement for the registration of a ‘high cost’ exemption
• curtailment of the period of validity of previously registered ‘no cost’ exemptions.

Other policy decisions relate to the operational efficacy of the Regulations. For the government response to the consultation, click here For a summary of the responses received, click here For the consultation document itself, click here

Grenfell fraudster jailed for claiming £88,000 worth of benefits
On 30 November 2018 the Crown Prosecution Service reported that a man had been jailed after falsely claiming he was sleeping rough in the Grenfell Tower so that he could access £88,0000 worth of benefits meant for genuine victims of the fire. Abdelkarim Rekaya was handed a four-and-a-half year prison sentence at Isleworth Crown Court after pleading guilty at an earlier hearing to fraud and obtaining leave to remain in the UK by deception. As a result of his false claims he was put up in emergency accommodation in a hotel for eight months at a cost to the council of £60,401. Rekaya was then moved into a studio flat in Chelsea for six months at a cost of another £15,895.77, including £3,166.17 worth of furniture, electrical goods and bills. He was also given payments totalling £11,885.40, and monthly travel cards. For the report, click here

Help to Buy (Equity Loan scheme) to 30 June 2018 – England
On 30 November 2018 the MHCLG published statistics for the Help to Buy equity loan scheme since its launch in April 2013 to 30 June 2018. The data show that over that period:

• 183,947 properties were bought with an equity loan.
• The total value of these equity loans was £9.90 billion, with the value of the properties sold under the scheme totalling £46.52 billion.
• 148,863 (81 per cent) of home purchases were made by first time buyers.
• The mean purchase price of a property bought under the scheme was £252,888, with buyers using a mean equity loan of £53,793.

In London, the maximum equity loan was increased from 20% to 40% from February 2016, and since then to 30 June 2018, there were 9,470 completions in London, of which 7,885 were made with an equity loan higher than 20%.

For the full statistics, click here

Help to Buy: ISA Scheme statistics to 30 June 2018
On 30 November 2018 HM Treasury published statistics for the Help to Buy: ISA Scheme since its launch in December 2015 to 30 June 2018. The data show that during that period:

• 169,980 property completions have been supported by the scheme.
• 225,618 bonuses have been paid through the scheme with an average bonus value of £836.
• The highest proportion of property completions with the support of the scheme is in the North West and Yorkshire and The Humber, with a lower proportion in the North East and Northern Ireland.
• The mean value of a property purchased through the scheme is £172,787 compared to an average first time buyer house price of £193,006 and a national average house price of £228,384.
• The median age of a first time buyer in the scheme is 27 compared to a national first-time buyer median age of 30.

For the full statistics, click here

Affordable housing – London
On 28 November 2018 the London Assembly Housing Committee published the Affordable Housing Monitor: a new report that will be published every year looking at the levels of affordable housing delivery by the Mayor of London. The findings in this year's report include:

• The Mayor has received £4.82bn to deliver 116,000 affordable home starts by March 2022.
• Fewer than 5,500 homes were completed in the year 2017/2018.
• The Mayor's support and funding to tackle rough sleeping has seen some success, with a drop in rough sleepers.

For the report, click here

Government bans combustible materials on high-rise homes
On 29 November 2018 the MHCLG announced that the government is banning combustible materials on new high-rise homes and giving support to local authorities to carry out emergency work to remove and replace unsafe aluminium composite material (ACM) cladding. The Ministry confirmed that the Building (Amendment) Regulations 2018 had been laid in Parliament that day. The regulations will give legal effect to the combustible materials ban announced in the summer. The ban means combustible materials will not be permitted on the external walls of new buildings over 18 metres containing flats, as well as new hospitals, residential care premises, dormitories in boarding schools and student accommodation over 18 metres. For the announcement, click here For a circular concerning the regulations, click here For a circulated letter concerning the regulations, click here

The ban follows a consultation process. For the government’s response to the consultation, click here For the consultation document itself, click here For the Local Government Association’s response to the ban, click here

Assessment of high-rise residential buildings with cladding systems: addendum to guidance
On 29 November 2018 the MHCLG published an addendum to its operating guidance on the assessment of high-rise residential buildings with cladding systems. The addendum to the housing health and safety rating system (HHSRS) has been produced for practitioners to provide guidance on the assessment of high-rise residential buildings with unsafe cladding (and allow for a more robust assessment). It supplements the hazard profile for fire as given in the HHSRS operating guidance (see profile 24, pages 150 to 155) and should be read and used in conjunction with that operating guidance. While the addendum deals specifically with high-rise residential buildings (those 18 metres high and over) with such cladding, some aspects of this guidance will be relevant to other residential buildings containing flats or apartments. The addendum will remain in draft format until it completes its 40 days Parliamentary process on 24 January 2018. For the addendum, click here

ACM remediation progress: new burdens assessment
As part of the Building Safety Programme’s purpose to make buildings safe and residents feel safe, local authorities have been providing monthly updates on the identification of buildings in their area with ACM cladding systems which have failed the BRE large scale tests, and what plans are in place for remediation work. This is used to track remediation work so that where cladding which has failed the BRE tests has been found, steps are taken to make the building safe. On 29 November 2018 the MHCLG published a new burdens assessment for collecting this data. For that assessment, click here

Grenfell Tower site
On 29 November 2018 the Communities Secretary, James Brokenshire, updated the House of Commons on progress in respect of the Grenfell Tower site. In August 2018 the Government announced that it would take over responsibility for it. In a written statement Mr Bokenshire set out the principles underlying his intended approach. They include:

• Most importantly, the community will continue to be engaged at each step along the way to a lasting memorial.
• The health and safety of those living, working and at the school in the local area, as well those working on the site, will continue to take priority.
• Decisions about the tower site will be evidence-based, informed by the advice of public authorities and technical experts.
• The Communities Secretary will consult the police and the Grenfell Tower inquiry to ensure that decision making does not interfere with the path to justice.

For the written statement, click here

Private rented sector: Commons debate
On 29 November 2018 the Housing, Communities and Local Government Committee held a Westminster Hall debate on the private rented sector. The debate followed up on work undertaken in their inquiry into the private rented sector, having published a report and recommendations in April. For the Hansard record of the debate, click here To watch the debate, click here For the Committee’s report, click here

Private rented sector: lettings trends
On 3 December 2018 NAEA Propertymark published its property market analysis for 2018. The organisation has found that the supply of rental accommodation dropped slightly in 2018, from 189 on average per branch in 2017, to 187 this year. It reached an annual high in October, when letting agents were managing 198 per branch. The number of buy-to-let investors selling their properties increased from an average of three in 2017 to four in 2018. In April and May this year, the figure spiked to five per branch – the highest since records began in 2015. The number of tenants experiencing rent increases also increased this year, from 25 per cent each month in 2017, to 28 per cent on average this year. For the full analysis, including that of the house sales market, click here

Household type projections – England
On 3 December 2018 the Office for National Statistics published projections of household types in England, based on 2016 data. The figures show that the number of people in England living on their own is projected to increase by over a quarter over the next 25 years, driven mostly by increases in the number of older people living alone. The projection also states:

• The number of people aged 90 years and over living on their own is likely to more than double, from 241,073 in 2016 to 587,724 in 2041.
• The number of households with dependent children is likely to remain broadly similar between 2016 and 2041, with around a quarter of households having dependent children by 2041.
• Almost all the projected increase in households by 2041 will be among one-person and multiple adult households without dependent children.

For the full figures, click here

Homelessness: public perceptions
On 2 December 2018 Crisis published the results of a survey which show that the majority (61%) of citizens feel “angry, upset, or frustrated about the state of homelessness across the country, but feel powerless to help”. The YouGov poll, which surveyed more than 2,000 people across the country, was commissioned by Crisis ahead of its urgent Christmas appeal. The survey showed that 69% of people feel powerless to help those who are homeless, despite their growing concerns around the country’s homelessness crisis. Nearly three quarters (74%) said they are generally worried about homelessness in Britain, with 59% saying they are more worried about the situation now than they were five years ago. Whilst most respondents (57%) felt like they should help, almost seven in ten (68%) confessed they usually do not know what to do when they see someone who is homeless. Crisis is asking the public to support its efforts this Christmas and more generally. For details, click here

Housing for an ageing population
On 3 December 2018 Policy Exchange published Building for the Baby Boomers, in which the organisation argues that a new generation of homes purpose built for ageing ‘baby boomers’ is needed. It adds that increasing older people’s choice in the housing market should be a more central feature of government’s housing strategy. This would allow more baby boomers to move into homes fit for their retirement, releasing family homes onto local housing markets; and give more baby boomers the chance to access housing wealth they have stored up in spare bedrooms. For the report, click here

Private rented sector: tenants on benefits – Wales
On 29 November 2018 the Residential Landlords Association reported that at the Association’s Future Renting Wales conference in Cardiff, Welsh housing minister Rebecca Evans announced that the Welsh Government was working on an “exciting proposal” for landlords willing to house benefits tenants and low-income families. She said that landlords could be offered incentives and other support to house those in need, adding “poverty should not be allowed to be the basis for discrimination”. For details, 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 Commons stages on 26 October 2018. In the House of Lords it received its first reading on 30 October 2018 and second reading on 23 November 2018. It will begin its committee stage on a date to be announced. For the Bill as introduced in the House of Lords, click here For a House of Commons Library research briefing prepared in readiness for the House of Lords 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 was due to receive its second reading on 23 November 2018 but was not called. The Bill itself has not yet been published. 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. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018 and has now been scheduled for a second reading debate on 25 January 2019. It will begin its committee stage on a date to be announced. For the Bill as brought from the Lords, click here 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. It has now been scheduled for a second reading debate on 25 January 2019. 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 has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, click here 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. It has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, 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. The Bill has completed all its stages in the Commons. It received its first reading in the Lords on 6 September 2018 and its second reading on 10 October 2018. The Bill completed its committee stage on 20 November 2018. It is now due to have its report stage on 11 December 2018. For the Bill as introduced in the House of Lords, click here For the impact assessment, click here For a research briefing prepared for the report stage in the Commons, 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 has now been scheduled for a second reading debate on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Freehold Properties (Management Charges and Shared Facilities) Bill
This Private Members' Bill, sponsored by Helen Goodman, seeks to make provision for the regulation of fees charged by management companies to freeholders of residential properties; to make provision for self-management of shared facilities by such freeholders; and to require management companies to ensure shared facilities are of an adequate standard. It received its first reading on 14 November 2018. It is due to receive its second reading on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Gypsy and Traveller Communities (Housing, Planning and Education) Bill
This Private Members' Bill, sponsored by Andrew Selous, seeks to make provision about periodical local authority reviews of the housing needs of Gypsy and Traveller communities; to make provision for the conversion of caravan sites into settled accommodation; to require local authorities to provide temporary caravan stopping sites where there is a demonstrated need; to create a criminal offence of unauthorised encampment; to make provision about the education of Gypsy and Traveller children; and to require schools to have regard to Gypsy and Traveller culture and heritage in teaching. The bill received its first reading on 13 November 2018. Its second reading has been postponed until 25 January 2019. 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 has completed Stage 2. Stage 2 consideration took place in Committee on 29 November 2018. Stage 3 commenced on 30 November 2018. Amendments may now be tabled to the Bill (as amended at Stage 2). For the Bill, as amended at Stage 2, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

Implementing changes to the park home commission rate – Wales
The Welsh Government is consulting on how best to introduce the decision to reduce park home commission rates; what guidance is needed to support the change (if any); and how best to communicate that change. The consultation closes on 14 December 2018. For the consultation document, click here

Housing adaptations service standards – Wales
The Welsh Government is consulting on service standards for the delivery of housing adaptations. These standards are designed to improve consistency of delivery. They will apply to service providers and occupational therapists. The government wants to determine whether:

• the proposed standards improve the delivery of housing adaptations
• there are any other service standards which should be included
• the proposed timeframes for the different types of adaptations are challenging enough.

The consultation closes on 19 December 2018. For the consultation document, click here

Changes to planning policy and guidance including the standard method for assessing local housing need
The publication of new household projections by the Office for National Statistics has led to a significant reduction in the overall numbers generated by the standard method for assessing local housing need. This consultation sets out proposals to update planning practice guidance on housing need assessment to be consistent with increasing housing supply. This consultation also proposes clarifications of national planning policy on:

• housing land supply
• the definition of deliverable
• appropriate assessment.

The consultation closes on 7 December 2018. For the consultation document, click here

Ensuring tenants’ access to gigabit-capable connections
The Department for Digital, Culture, Media and Sport is seeking views on proposals to make it easier for residential and commercial tenants to access high quality and reliable broadband. The government has set a target of making gigabit-capable networks available to 15 million premises by 2025, with nationwide coverage by 2033. This consultation is seeking responses on the following proposals:

• Amending the Electronic Communications Code to place an obligation on landlords to facilitate the deployment of digital infrastructure when they receive a request from their tenants.
• Enabling communications providers to use magistrates’ courts to gain entry to properties where a landlord fails to respond to requests for improved or new digital infrastructure.

The consultation closes on 21 December 2018. For the consultation document, click here

Private shared homeownership: call for proposals
The government would welcome proposals in three categories:

• private shared ownership which would be primarily privately funded
• other private affordable homeownership products which should be primarily privately funded
• other innovative routes into homeownership which do not require government investment but may require the removal of regulatory or other barriers.

Proposals should not rely on government grant funding, government guarantees or developer s106 contributions. The government is particularly interested in private shared ownership proposals where it believes government loan funding will play an important part in removing the risk and financial uncertainty created by staircasing (ie buying extra shares in a shared ownership property).

The consultation closes on 1 February 2019. For the consultation document, click here

Considering the case for a Housing Court: call for evidence
The MHCLG is seeking views and opinions from the judiciary, landlords and tenants to help the government to better understand and improve the experience of people using courts and tribunal services in property cases, including considering the case for a specialist Housing Court. The department is interested in views and opinions on the:

• private landlord possession action process in the county court
• user experience in both the county courts and the First-tier Tribunal for property cases
• case for a new Housing Court
• case for other structural changes such as an extension of the remit of the property tribunal.

The consultation closes on 22 January 2019. For the consultation document, click here

Housing Ombudsman: consultation on three year corporate plan
The Housing Ombudsman has launched a consultation seeking views on its three year corporate plan, 2019-22, and supporting plan for the first year. The plan is focused on four new strategic objectives which are to:

• Deliver a fair and impartial service, resolving disputes at the earliest opportunity
• Promote positive change in the sector
• Provide a service that is professional, accessible and simple to use
• Ensure its service is open and transparent.

The consultation seeks views on the priorities and activities identified under each strategic objective, plus the fee proposals across the three years to fund the ambitions set out in the plan and keep pace with external changes. The consultation is open until 10 December 2018. For details, click here

HOUSING LAW ARTICLES & PUBLICATIONS

Councils given power to remove unsafe cladding from private buildings Laura Sharman, LocalGov 30 November 2018 – to read the article click here

Putting principles into practice: designing and delivering Housing First in England Jennifer Harris, homeless link 3 December 2018 – to read the article click here

Of HHSRS and Hiatuses Giles Peaker, Nearly Legal blog 2 December 2018 – to read the item click here

Homelessness through the lens of brain injury, Leigh Andrews, homeless link 30 November 2018 – to read the article click here

Don't dump the rule book under pressure, ombudsman warns councils, Chris Mahony, LocalGov 4 December 2018 – to read the article click here

‘It’s a man’s problem’: Patrick Stewart and the men fighting to end domestic violence Anna Moore, The Guardian 4 December 2018 – to read the article click here

Unacceptable rises in child poverty as more working parents left unable to make ends meet Daniel Wright and Harriet Anderson, Joseph Rowntree Foundation 4 December 2018 – to read the article click here

Border politics – how private renters in Scotland are getting a better deal Rhea Newman, Shelter blog 4 December 2018 – to read the item click here

HOUSING LAW DIARY

6 December 2018                                 
House of Commons Westminster Hall debate on the use of section 21 evictions in the private rented sector

7 December 2018                                 
Consultation closes on Changes to planning policy and guidance including the standard method for assessing local housing need (see Housing Law Consultations)

10 December 2018                               
Housing Ombudsman’s consultation closes on its three-year corporate plan (see Housing Law Consultations)

11 December 2018                               
Postponed report stage of Tenant Fees Bill (see Housing Laws in the Pipeline)

14 December 2018                               
Consultation closes on Implementing changes to the park home commission rate – Wales (see Housing Law Consultations)

19 December 2018                               
Consultation closes on Housing adaptations service standards – Wales (see Housing Law Consultations)

21 December 2018                               
Consultation closes on Ensuring tenants’ access to gigabit-capable connections (see Housing Law Consultations)

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