HOUSING LAW NEWS & POLICY ISSUES

Sector responses to the 2018 Budget
The Chancellor of the Exchequer’s Budget speech on 29 October 2018 has elicited widespread comment within the housing sector. For the response of:

• Chartered Institute of Housing, click here
• National Housing Federation, click here
• Crisis, click here
• Local Government Association, click here
• Homeless Link, click here

Private Rented Sector minimum level of energy efficiency
On 5 November 2018 the MHCLG announced that it will amend the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 to require landlords in the private rented sector to install energy efficiency measures in homes with the lowest energy performance ratings. It is expected that upgrades will save tenants an average of £180 a year on their energy bills. The initiative is part of the government’s commitment to eradicating fuel poverty and reduce carbon emissions.

The announcement follows publication of the government’s response to its consultation on domestic private rented sector’s minimum level of energy efficiency. For the announcement, click here For the original consultation document, click here For the government’s response to the consultation, click here For the response of the Residential Landlords Association, click here

Universal Credit landlord engagement newsletter
On 1 November 2018 the Department for Work and Pensions published its latest quarterly newsletter providing information to social and private landlords about Universal Credit. To read the newsletter, click here

Leasehold reform: Commons committee examines key issues
On 5 November 2018 the Housing, Community and Local Government Select Committee held a session providing an overview of the key issues facing the practice and potential for leasehold reforms. The session examined the extent and prevalence of such issues in the UK, as well as existing mechanisms to support leaseholders. It considered the adequacy of government proposals for reform, as well as ways to extend new protections to existing leaseholders. For more details, click here

Council left homeless teenager in tent: Local Government Ombudsman’s report
On 1 November 2018 the Local Government and Social Care Ombudsman reported that Cornwall Council made a host of significant failings when it accommodated a vulnerable 17 year-old boy in a tent and caravan over a summer.

The boy spent five weeks in a tent, four weeks in a static caravan and several nights sleeping rough after approaching the council for help. Following his ordeal, he was left emaciated and was detained in a psychiatric hospital for 11 months. The Ombudsman's report found on numerous occasions the council, provided accommodation that was inappropriate, it didn't properly assess the boy's ability to make decisions about his own safety, and didn't do enough to protect him from sexual exploitation or ill health.

Throughout the Ombudsman's report, evidence suggests the council tried to place responsibility for the situation on the boy, because of his actions, rather than provide the right support to a vulnerable child who was suffering from drug addiction and mental ill health. The investigation also found the council didn't properly plan for having enough accommodation for young homeless people, and didn't coordinate well with other local services such as mental health.

The Ombudsman determined that the council should pay the, now young man, £2,500 for the effects of its actions on his mental health, lost opportunities and placing him at risk. It should pay the boy's mother £1,500 for the severe distress and frustration it caused. The Ombudsman also recommended that the council should review its policies, draw up an action plan to ensure there is sufficient accommodation for homeless young people and train staff working with homeless young people on the right accommodation to provide, and how to properly record instances of safeguarding referrals.

For the report, click here and then click on the link to the report itself.

Recognition of tenants' association: application forms and guidance
On 1 November 2018 HM Courts and Tribunal Service published guidance and a suite of forms in respect of applications to the First-tier Tribunal Property Chamber (Residential Property) for a certificate of recognition of a tenants’ association. For the guidance, click here For revised Form TA1: Application for recognition of a Tenants' Association (which replaces the former Form TA), click here For Form TA2: Application for an order requiring a landlord to perform a duty, click here For Form TA3: Application to cancel a certificate of recognition of a tenants’ association, click here

Legal aid: Labour Party confirms commitment ‘to return all funding for early legal advice’
On 1 November 2018, in a House of Commons debate on the future of legal aid, the Labour Party Shadow Justice Minister, Gloria De Piero, confirmed that, if elected, the Labour Party will restore “all funding for early legal advice … restore legal advice in all housing cases to protect 50,000 households a year against rogue landlords, and review the legal aid means test”. She noted that “charities such as Shelter have warned that thousands of people a year are being made homeless because they cannot find lawyers to help them to prevent eviction.”

Lucy Frazer, Parliamentary Under-Secretary of State at the Ministry of Justice, reminded the House that the Ministry of Justice is looking at the impacts of the changes to legal aid. She said that the department will respond at the end of the year to the results of the review.

For the debate, click here. For a House of Commons research briefing prepared in advance of the debate, click here

Rough sleeping – London
On 1 November 2018 Crisis noted that new figures reveal that 3,103 people were found sleeping rough in London between July and September 2018 – the first time levels have risen to over 3,000 in a single quarter. The numbers reveal an increase in rough sleepers of 20% on the previous quarter and an increase of 17% on the same period last year. Over the same period outreach teams recorded 1,382 people sleeping rough for the first time, a rise of 28% on the previous period and 20% on the same period last year. For a response to the figures by Crisis Chief Executive Jon Sparkes, click here

NHS Long Term Plan and homeless people
On 5 November 2018 Homeless Link announced that more than 20 organisations representing nurses, outreach workers and homeless health professionals had joined forces to urge NHS England to spend more on specialist health interventions for homeless people. Following the £20 billion funding over the next five years announced in the 2018 Budget, the organisations, including St Mungo’s, Homeless Link and the Queen’s Nursing Institute are urging NHS England to use the upcoming Long Term Plan to commit some of this new spending to dedicated specialist interventions. They also want to see a clear plan for how to address the shocking health inequalities that exist at present. For more information, click here

Great Yarmouth Council threatened with judicial review over licensing plan
On 5 November 2018 the Residential Landlords Association announced that it has threatened Great Yarmouth Borough Council with a judicial review over serious concerns with its selective licensing plans. The council is proposing to bring rented homes in parts of the Nelson electoral ward into the scope of selective licensing. In a letter to the council, the RLA has expressed concern that one of the conditions that is set to be imposed as part of the scheme is unlawful and has written to the council asking for urgent clarification. For the letter, click here For more information about the RLA’s stance in relation to the scheme, click here

HOUSING LAWS IN THE PIPELINE

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018
This government statute 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 received Royal Assent on 1 November 2018. For the Act, click here

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 and received its first reading in the House of Lords on 30 October 2018. It will receive its second reading on 23 November 2018. For the Bill as introduced in the House of Lords, 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

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 again and is now due to take place on 23 November 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 again and is now scheduled for 23 November 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 23 November 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. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018. The second reading has been postponed and is now scheduled for 23 November 2018. 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. The second reading of the Bill has been postponed again and is now due to take place on 23 November 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. The second reading has been postponed and is now due to take place on 23 November 2018. 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. The Bill’s second reading has been further postponed to 23 November 2018. 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 went into committee on 5 November 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. The second reading has been postponed and is now scheduled for 23 November 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. The Stage 1 debate on general principles will take place in Plenary on 6 November 2018. For the Bill, as introduced, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

Rents for social housing from 2020-21
The MHCLG is seeking views on a proposed direction to the Regulator of Social Housing from the Secretary of State to the Regulator of Social Housing to ensure that, from 2020 onwards, the Regulator’s rent standard:

• reflects the Ministry’s announcement in October 2017 that it intends to permit registered providers to increase their rents by up to CPI+1% each year, for a period of at least 5 years; this announcement recognised the need for a stable financial environment to support the delivery of new homes;
• applies to local authority registered providers (as well as to private registered providers), to reflect the roll out of Universal Credit.

The direction also sets out the basis on which social rents and affordable rents are set.

The consultation closes on 8 November 2018. For the consultation documents and to respond to the consultation, click here

Law Commission consultation on leasehold enfranchisement
The Law Commission has published a consultation paper on leasehold enfranchisement reform: Leasehold home ownership: buying your freehold or extending your lease. The paper proposes reforms designed to secure a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home. The Commission says that the proposals would:

• Make the enfranchisement process easier, cheaper and quicker
• Improve and enhance the rights of leaseholders to buy their freehold or extend their lease
• Introduce a simpler unified procedure for houses and flats
• Remove limitations on the right to enfranchise, including the requirement that leaseholders must have owned their property for two years before making a claim.

In addition, at the government's request, the Commission has provided options to reduce the price payable by leaseholders to buy the freehold or extend their lease while ensuring sufficient compensation is paid to landlords to reflect their legitimate property interests. It is said that the proposals, which are now open for consultation, would save leaseholders time, stress and money, reducing legal costs and helping to prevent unnecessary disputes. The consultation closes on 20 November 2018. For further details and the Consultation Paper, click here

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

Implementing reforms to the leasehold system
The government is seeking views on how to implement its reforms to the leasehold system in England to improve the housing market for consumers. In December 2017, the government announced it would tackle unfair practices in the leasehold market by introducing legislation to prohibit new residential long leases from being granted on houses, other than in exceptional circumstances, and restrict ground rents in newly established leases of houses and flats to a nominal amount. The consultation sets out how the government intends to make changes and on how it should implement the reforms. This includes understanding circumstances for exemptions and measures to improve how leasehold properties are bought and sold. The consultation also promotes fairness for freeholders and includes proposals to ensure that the charges that freeholders may pay towards the maintenance of communal areas are fairer and more transparent. The consultation closes on 26 November 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

HOUSING LAW ARTICLES & PUBLICATIONS

Theresa May’s flagship policy to solve housing crisis will deliver no new homes in half of England Benjamin Kentish, The Independent 4 November 2018 – read the article here

Independent review of build out: final report Sir Oliver Letwin, 29 October 2018 - read the report here

Letwin identifies the problem but misses the solution Robin White,Shelter blog 30 October 2018 -read the item here

What does the Budget mean for Universal Credit? Ami McCarthy, Shelter blog 31 October 2018 - read the article here

HOUSING LAW DIARY

8 November 2018                                 
Consultation closes on rents for social housing from 2020-21 (see Housing Law Consultations)

20 November 2018                               
Law Commission consultation on leasehold enfranchisement closes (see Housing Law Consultations)

23 November 2018                               
Second readings in the House of Commons scheduled (as to each of which, see Housing Laws in the Pipeline) for:

• Sublet Property (Offences) Bill
• Mobile Homes and Park Homes Bill
• Affordable Home Ownership Bill
• Creditworthiness Assessment Bill
• Private Landlords (Registration) Bill
• Leasehold Reform Bill
• Homelessness (End of Life Care) Bill
• Housing and Planning (Local Decision-Making) Bill

23 November 2018                               
Second reading in House of Lords of Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline)

26 November 2018                               
Consultation closes on Implementing reforms to the leasehold system (see Housing Law Consultations)

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RECRUITMENT

Featured Jobs of the Week


Shelter Training
Experienced Housing Law Trainers

Shelter Training require experienced housing law trainers with practitioner experience to deliver advanced level housing and homelessness courses. We run scheduled events at our city centre venues in London and Manchester as well as bespoke courses for groups of staff at organisations nationwide.

For details and how to apply click here

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Hightown Housing Association
Income Recovery Officer

Job Ref:  IR04533   Hours:  Full time   Location:  HP2 4XH

Salary:  £27,300 pa

Hightown Housing Association Limited is a charitable housing association operating principally in Hertfordshire, Bedfordshire, Buckinghamshire and Berkshire providing a wide range of housing and support services for families and single people including people with special needs.

About the Role

You will be responsible for providing a highly professional customer focused arrears recovery service to Hightown`s residents.

Duties will include monitoring rent accounts, taking appropriate action to identify and manage rent arrears in accordance with Hightown`s procedures, legislation and best practice.

Key Responsibilities

You will be responsible for managing and monitoring the rent accounts on a patch of properties ensuring that all rent accounts are monitored regularly and correct action taken in line with Hightown`s policies and procedures.

As an Income Recovery Officer, you will carry out home visits to tenants where necessary and work alongside relevant officers across the Association to coordinate Hightown`s response to the Government`s Welfare Reform agenda. You will also maintain clear and up to date information on databases and work with Housing benefit departments and the Department of Work and Pensions to encourage payment of claims and resolutions of problems.

About you: We are looking for individuals who have a knowledge of housing and welfare benefits and have experience of computerised arrears management systems.

You must be computer literate with a good understanding of spreadsheets and be able to use various software packages and have the ability to organise your own workload effectively to meet targets and deadlines.

The Benefits: In return for your hard work and commitment, we offer a considerable benefits package including:

• Generous annual leave allowance of 25 days per year, plus statutory bank holidays, rising with service (pro rata for part time hours)
• £27,300pa for a 35 hour a week contract and bonuses available on top of your basic salary

For details of the other benefits click here

Appointment to this position will be subject to satisfactory reference and medical checks.

To stay safe in your job search we recommend that you visit SAFERjobs, a non-profit, joint industry and law enforcement organisation working to combat job scams. Visit the SAFERjobs website for information on common scams and to get free, expert advice for a safer job search.

Closing date: Sunday 18th November 2018

Interview date: Monday 26th November 2018

We are an Equal Opportunities Employer.

Click here for further details/ to apply

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