HOUSING LAW NEWS & POLICY ISSUES

Grenfell Tower Inquiry hearings
The Inquiry website hosts an archive of the Inquiry's hearings. Videos and transcripts are added at the end of each day and the archive can be searched by date or witness. The website warns that some videos contain content which viewers may find upsetting or distressing. For the archive of hearings, click here

Voluntary sector response to Grenfell Tower fire
On 30 May 2018 Muslim Aid and other charities published a report – Mind the Gap: A Review of the Voluntary Sector Response to the Grenfell Tragedy – highlighting “the critical role played by the voluntary sector in response to the Grenfell disaster and … calling for lessons to be learned from what happened after the devastating fire left 72 dead, many homeless and the wider North Kensington community traumatised”. The report considers the response to the need for housing and, in particular, emergency housing. For the report, click here For the executive summary, click here For the Muslim Aid press release, click here

Man who falsely claimed father died in Grenfell Tower fire jailed
On 1 June 2018 a man who falsely claimed his father had died in the Grenfell Tower fire in order to falsely claim financial benefit, was jailed for 18 months. It is reported that he admitted two fraud charges and that as part of his fraud he researched a newspaper article about one of the 72 real victims of the fire, and used their name and details to make his claims for free hotel accommodation and cash sound more convincing. He also made internet searches using the words “Grenfell Tower Fraud”. He was able to receive £500 in cash, although he had applied unsuccessfully for a further £4,500. He also received £910 worth of free hotel accommodation over nine days and ran up a £354 room service bill. For the Crown Prosecution Service report of the case, click here

Removal of automatic entitlement to housing costs for 18 to 21 year olds in Universal Credit
On 30 May 2018 the Department for Work and Pensions published statistics on the number of 18 to 21 year olds awarded and refused support for housing costs, between April and June 2017. 96 per cent of 18-21 year olds who applied for support for housing costs were awarded it. 50 per cent of claimants aged 18-21 awarded support for housing costs in UC had dependent children, which exempts claimants from the removal of automatic entitlement. For the full statistics, click here

Characteristics of women at most risk of partner abuse
On 31 May 2018 the Office for National Statistics published analysis of three years of data from the Crime Survey for England and Wales to help develop insight into which women are most at risk of experiencing abuse by a partner or former partner. The ONS analysis shows that women living in social housing (11.1%) were nearly three times as likely to have experienced partner abuse than women who were owner occupiers (4.1%). Women living in households with an income of less than £10,000 were more than four times as likely (14.3%) to have experienced partner abuse than women living in households with an income of £50,000 or more (3.3%). Young women (age 16-24) were more likely to have experienced partner abuse recently than older women (age 45-59). Women with a long-term illness or disability were more than twice as likely to have experienced some form of partner abuse (12.4%) than women who did not (5.1%). Bisexual women were nearly twice as likely to have experienced partner abuse than heterosexual women (10.9% compared with 6.0%). Women who identified with mixed/multiple ethnicities were more likely to have experienced partner abuse (10.1%) than any other ethnic group. For more information (and a link to the analysis), click here

Domestic abuse: CIH ‘Make a Stand’ pledge
On 4 June 2018 CIH reported that more than 50 housing organisations had signed up to its Make a Stand pledge in the first three days of the campaign. The pledge was developed by CIH in partnership with the Domestic Abuse Housing Alliance (DAHA) and Women’s Aid. It consists of four commitments which housing organisations can make to support people who live and work in housing who are experiencing domestic abuse. The commitments are: to put in place and embed a policy to support residents who are experiencing domestic abuse; to make information about national and local domestic abuse support services available on the organisation’s website and in other places which are easily accessible to residents and staff; to put in place a HR policy and procedure on domestic abuse, or to incorporate this into an existing policy, to support members of staff who are experiencing domestic abuse; and to appoint a champion in the organisation to own the activity being done to support people experiencing domestic abuse. For more details, click here

Funding for cladding removal on social housing
On 1 June 2018 the MHCLG published a letter from the Secretary of State to local authority and housing association chief executives on the funding for removal and replacement of ACM cladding systems on high-rise buildings in the social housing sector. The letter provides more detail on the Prime Minister’s announcement on 16 May that government will fully fund the removal and replacement of dangerous cladding on buildings owned by councils and housing associations. For the text of the letter, click here

Leasehold high-rise flats: who pays for fire safety work?
On 29 May 2018 the House of Commons Library published a briefing which considers the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. Note that the briefing takes account of the announcement of 16 May 2018 but predates the Secretary of State’s letter (referred to above). For the briefing, click here

Property guardians
On 30 May 2018 the MHCLG published a fact sheet for current and potential property guardians. A property guardian is someone who has entered into an agreement to live in a building or part of a building, that would normally be otherwise empty, for the primary purpose of securing and safeguarding the property. Whilst the government does not encourage or endorse the use of property guardianship schemes as a form of housing tenure (because guardians can be asked to live in conditions that do not meet the standards expected in residential properties), the fact sheet seeks to raise awareness of the limited rights of property guardians so that current and potential guardians can make informed decisions. For the fact sheet, click here

Dwelling stock estimates – England
On 24 May 2018 the MHCLG published dwelling stock estimates for England as at 31 March 2017.  There were: 23.9 million dwellings, an increase of 217,000 dwellings (0.92%) on the same point the previous year; and 15.1 million owner occupied dwellings, 4.8 million private rented dwellings and 4.0 million social and affordable rented dwellings (Private Registered Providers plus Local Authority).  Between March 2016 and March 2017, the owner occupied dwelling stock increased by 262,000 and the private rented stock decreased by 46,000. The social and affordable rented stock increased by 3,000 dwellings and the other public sector stock decreased by 1,000 dwellings. There were 605,891 vacant dwellings in England on 2 October 2017, an increase of 16,125 (2.7%) from 589,766 on 3 October 2016. Vacant dwellings are 2.5 per cent of the dwelling stock. Long-term vacant dwellings numbered 205,293 on 2 October 2017, an increase of 5,148 (2.6%) from 200,145 on 3 October 2016. Long-term vacant dwellings are 0.9 per cent of the dwelling stock. For the full statistics, click here For tables showing the data by, for example, tenure and district, click here

Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018
These regulations, which come into force on 1 October 2018, impose duties on a landlord of a house in multiple occupation (HMO) in relation to the size of rooms available as sleeping accommodation, their maximum occupancy and compliance with local housing authority household waste storage and disposal schemes. For the regulations, click here

‘Right to rent’ legal challenge
On 2 June 2018 The Guardian reported that the Joint Council for the Welfare of Immigrants (JCWI) has brought a legal challenge in the High Court, which claims that the government policy which requires landlords to check the immigration status of potential tenants, is incompatible with the European Convention on Human Rights. Research by the JCWI found that, as a result of the scheme, 51% of landlords said that they were now less likely to consider renting to non-EU nationals, while 42% were now less likely to rent to those without a UK passport. The latter figure increased to 48% when landlords were explicitly asked to consider the criminal penalties in place. For a report in The Guardian, click here

Private rented sector – landlords re-mortgaging
On 30 May 2018 Paragon Bank PLC reported that, according to its latest Financial Adviser Confidence Tracking Index, “the proportion of landlords re-mortgaging is running close to record levels, based on interviews with 201 mortgage intermediaries. Intermediaries reported that 52% of buy-to-let mortgage cases in Q1 2018 were for landlords seeking to re-mortgage, up sharply from 29% in Q1 2015 prior to the Summer Budget in the same year when wide-ranging tax changes were announced, including the gradual removal of tax relief on buy-to-let mortgage interest.” For more details, click here

Sixteen people living in single two-bedroom flat
On 1 June 2018 Brent Council reported that a dawn raid in Kingsbury uncovered sixteen people crammed into a two bedroom flat above a shop. Enforcement officers entered the property with police and found that the tenants exceeded three times the number of people who would be permitted to live there under licensing rules. The Council said that one occupant told enforcement officers that he was paying £50 a week for a bed space. For the Council report, 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 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 received its second reading on 19 January 2018. It will begin its Committee stage on a date to be announced. On 14 January 2018 the government confirmed that it would support the Bill. For the Bill as introduced, click here For a House of Commons Library research briefing, 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

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 completed Stage 3 debate on 31 May 2018. At the date of this issue, the ‘as passed’ version had not been published. Once it has, there follows a four-week period when the Bill can be challenged by Law Officers on the issue of whether or not the Parliament has the power to make law on the subjects covered by it. For the Bill as amended at Stage 2, click here For the Stage 3 debate, click here For a research briefing on the Bill, 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 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 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 15 June 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

Regulation of Registered Social Landlords (Wales) Bill
The purpose of this Bill is to amend or remove those powers which are deemed by the Office for National Statistics (ONS) to demonstrate central and local government control over Registered Social Landlords (RSLs). These changes will enable the ONS to consider reclassifying RSLs as private sector organisations for the purpose of national accounts and other ONS economic statistics. The Bill was agreed by the Assembly in accordance on 8 May 2018. It is now in the four-week period of intimation (9 May – 6 June 2018).  During this period, the Counsel General or the Attorney General may refer the question whether the Bill, or any provision of the Bill, would be within the Assembly’s legislative competence to the Supreme Court for decision (section 112 of the Government of Wales Act). Similarly, the Secretary of State for Wales may make an order prohibiting the Clerk of the Assembly from submitting the Bill for Royal Assent. For progress on the Bill, click here and scroll down.

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 when it was committed to committee of the whole House. 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 has been committed to a Public Bill Committee which is expected to report to the House by 12 June 2018. For the Bill as introduced, click here For the impact assessment, click here To follow progress of the Bill, click here

NEW HOUSING CASES

The Queen on the application of KI v LB Brent [2018] EWHC 1068 (Admin)
The claimant, K, was a child born in Sudan in 2000. After being ill-treated by the Sudanese Government, he came to the United Kingdom and was granted refugee status.

Social services carried out an assessment of K which considered where K could live. It noted that K’s uncle had a small studio flat and recorded how problematic it would be for K to live there as well. Notwithstanding the unsuitability of the flat, the assessment concluded that K and his cousin (who had arrived in the UK with him) should live with their uncle.

Once K had begun to live with his uncle, the social services department closed its file.

Later, the relationship between K and his uncle broke down and K was forced to leave the flat. K reported that thereafter he stayed with a friend and, when that was not possible, slept rough.

Social services pressed K and his uncle to agree to K living with his uncle once again. An assessment recorded that K was in agreement to returning to the flat, although that appeared to contradict K’s views as recorded elsewhere in council documents.

K instructed solicitors who invited the council to accept a duty to accommodate K under section 20 of the Children Act 1989. His solicitors reminded the council of their duty of candour. The council rejected the idea that section 20 applied or that they had a duty to K as a “former relevant child” under section 23C.

The judicial review
At the beginning of the court hearing, the judge expressed concern about whether the council had complied with its duty of candour; there appeared to be documents missing from the bundle and, in the documents which were included, there was a significant amount of redaction. Halfway through the hearing, the council in fact disclosed some 400 unredacted documents, showing that the council had not given the court an accurate picture of the facts. The council blamed this on not having adequate procedures in place to enable their lawyers to be sure whether the duty of candour had been complied with.

The judge was highly critical of the council, stressing the importance for all parties, whether claimant or defendant, of complying with their duty of candour by ensuring that all relevant material was before the court. The judge emphasised that this duty is of particular importance in cases involving children and young people.

On the grounds of challenge, the judge held that the council had not discharged its duty under section 20 by seeking to accommodate K with his uncle; given that the unsuitable size of that flat was the core problem, it was not reasonable of the council to conclude that it was discharging its section 20 by placing K somewhere so unsuitable.

Further, the judge held that K had been a former relevant child because the council had looked after him for more than 13 weeks. Even when K had ceased to live in council accommodation, the council had continued to monitor him, liaise with him and take an active role in managing his living situation. Therefore, he could be considered to be looked after by the council for all of that time, thus giving him enough time looked after to be a former relevant child. Thus the council had had an obligation to plan K’s transition from being accommodated.

Summary by Alexander Campbell, barrister, Field Court Chambers..  For the full judgment click here.

Jones v Birmingham City Council [2018] EWCA Civ 1189 (23 May 2018) 
The Court of Appeal held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.

For a detailed summary of the judgment by Jonathan Manning and Ayesha Omar both of Arden Chambers who appeared for appeared for Birmingham City Council, click here.  For the full judgment click here.

HOUSING LAW CONSULTATIONS

Reviewing the landlord registration fee structure and application process – Scotland
The Scottish government is consulting on proposals intended to strengthen the system of landlord registration in a proportionate way that will help to ensure that homes rented to private rented sector tenants are of good quality and are managed professionally. Responses to the consultation will help to shape changes to the application process that will require landlords to demonstrate that they meet their legal responsibilities. They will also inform amendments to the way that fees are charged so that local authorities have enough resources to make informed decisions about who can be approved to operate as a landlord. The consultation closes on 7 June 2018. For more details, click here

Powers for dealing with unauthorised development and encampments
The MHCLG and Ministry of Justice have launched a consultation seeking views on the effectiveness of powers for dealing with unauthorised development and encampments. The consultation asks a series of questions relating to powers for dealing with unauthorised development and encampments, including: local authority and police powers; court processes; trespass; planning enforcement; the provision of authorised sites; and the impacts on the travelling community. The consultation closes on 15 June 2018. For the consultation document, click here

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

HOUSING LAW ARTICLES & PUBLICATIONS

The hostile environment: what social landlords need to know John Perry, The Guardian Housing Network 30 May 2018 – to read this article click here

Right to Rent: Judicial Review bid to be heard this week Sally Walmsley, Residential Landlords Association 4 June 2018 – to read the Article click here

Sadiq Khan calls on government to appoint social housing tenant as first residents' commissioner Harriet Agerholm, The Independent 4 June 2018– to read this article click here

Tailored responses needed to address rough sleeping and mental health Sarah Hughes, Homeless Link 4 June 2018 – to read this article click here

A duty to protect residents from abuse should sit at the heart of our service Karen Allsop,Chartered Institute of Housing 5 June 2018 - to read this article click here

Preventing Digital Exclusion from Online Justice A Report of JUSTICE 4 June 2018 – to read this report click here

Housing: Recent Developments Jan Luba QC & Nic Madge Legal Action May 2018 (subscription required). To read this article, click here

HOUSING LAW DIARY

6 June 2018                             
Completion of the four-week period of intimation for the Regulation of Registered Social Landlords (Wales) Bill (see Housing Laws in the Pipeline)

7 June 2018                             
Consultation closes on reviewing the landlord registration fee structure and application process (Scotland) (see Housing Law Consultations)

12 June 2018                            
Conclusion of the Committee stage of the Tenant Fees Bill (see Housing Laws in the Pipeline)

15 June 2018                           
Re-scheduled second reading of the Affordable Home Ownership Bill (see Housing Laws in the Pipeline)

15 June 2018                           
Consultation closes on powers for dealing with unauthorised development and encampments (see Housing Law Consultations)

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RECRUITMENT

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Home Ownership and Service Charge Lead –
12 month fixed term contract

This lead role will oversee the leasehold, home and shared ownership activity at Thrive Homes. Additionally, it will be responsible for driving a Service Charge Project for the duration of the contract. The role provides specialist knowledge and support on legal and regulatory related aspects of leasehold and shared ownership. You must have in depth knowledge of service charges, including audit and best practice, section 20 and major works.

For further details/to apply online click here

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