16th May 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Secure Tenancies (Victims of Domestic Abuse) Act
On 10 May 2018 the Secure Tenancies (Victims of Domestic Abuse) Bill received Royal Assent. The government legislation makes provision about the granting of old-style secure tenancies in cases of domestic abuse. The substantive provisions in the Act will come into force on such day as the Secretary of State may appoint by statutory instrument. For the Act, click here

Domestic abuse and homelessness
On 9 May 2018 SafeLives, a national domestic abuse charity, published new research that reveals a system failing to meet the needs of survivors and leaving many to fall into a cycle of homelessness and abuse. Key findings in the charity’s report – Safe at home: Homelessness and domestic abuse –   are: housing providers have a vital role in the response to domestic abuse; survivors of domestic abuse who become homeless face significant barriers to finding a safe and secure place to live; domestic abuse is a significant cause of homelessness – and too many survivors are still 'hidden'; and chronically homeless women experience multiple forms of disadvantage, creating a cycle of abuse and homelessness. For the report, click here For the charity’s press release, click here

Tenant Fees Bill
On 2 May 2018 the much-heralded Tenant Fees Bill received its first reading. 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; about the payment of holding deposits; about enforcement and about the lead enforcement authority; amending 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 is due to receive a second reading on 21 May 2018. For the government announcement, click here For the government response to the pre-legislative scrutiny of the Bill by the Select Committee, click here For the Bill as introduced, click here To follow progress of the Bill, click here

Tenant fees – ‘default fees loophole’
On 9 May 2018 Generation Rent warned that the Tenant Fees Bill contains a loophole that, it says, could be exploited by unscrupulous landlords by enabling them to charge excessive and unfair charges to tenants in the form of vaguely worded “default fees”. The blog item states that default fees remain in the Bill despite warnings from Generation Rent, Shelter, and Citizens Advice that such fees are open to abuse, and potentially incompatible with consumer contract law. The Commons Housing Committee report on the Draft Bill recommended that clear guidance needs to be provided on what default fees can be charged for, how much is reasonable, and how this will be enforced. For the item, click here

Landlord possession statistics – England and Wales
On 10 May 2018 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from January to March 2018. Landlord possession claims (31,840) and orders for possession (23,983) decreased by 10 per cent and 8 per cent respectively, compared to the same quarter last year. Warrants of possession (15,984) also decreased (by 12 per cent). Repossessions by county court bailiffs (8,743) were down 7 per cent compared to the same quarter last year. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – England and Wales
On 10 May 2018 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from January to March 2018. Mortgage possession claims (4,500) and orders for possession (3,026) have both decreased by 19 per cent and 13 per cent respectively compared to the same quarter last year. For the statistics (combined with those for landlord possession above), click here

Landlord possession statistics – Wales only
On 10 May 2018 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. There were 1,306 landlord possession claims made during January to March 2018, a decrease of 7 per cent on the same quarter of 2017. There were 1,033 landlord possession orders made during the quarter, down by 9 per cent compared with January to March 2017. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – Wales only
On 10 May 2018 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. During January to March 2018, there were 331 mortgage possession claims and 226 mortgage possession orders made, down by 15 per cent and 20 per cent respectively, on the same quarter of 2017. For the statistics (combined with those for landlord possession above), click here

Funding awards to reduce rough sleeping
On 9 May 2018 Housing Secretary James Brokenshire made three awards of funding to reduce rough sleeping. The projects in Greater Manchester, Liverpool City Region and the West Midlands Combined Authority will offer individuals intensive support to recover from complex health issues, for example substance abuse and mental health difficulties, and sustain their tenancies. For more details, click here

Universal Credit and landlords
On 2 May 2018 the Department for Work and Pensions further updated its guides explaining what Universal Credit means for landlords. The updates take into account Universal Credit and temporary accommodation changes from 11 April 2018. For the range of guides, click here

Housing and access to legal aid
On 16 May 2018 there will be held a House of Commons Westminster Hall debate on housing and access to legal aid. The Member leading the debate is Ruth Cadbury MP. For the House of Commons Library briefing produced for the debate, click here

Housing and homes – House of Commons debate
On 15 May 2018 the House of Commons held a general debate on housing and homes. In anticipation of the debate, the House of Commons Library collated the numerous briefing papers on housing issues prepared by it and a selection of relevant papers. For a linked list of those papers, click here

Disabled people and housing
On 11 May 2018 the Equality and Human Rights Commission warned that disabled people have been left frustrated and trapped by a chronic shortage of suitable housing, as unnecessary bureaucracy and insufficient support leave them trapped in unsuitable homes. The Commission has published the results of an eighteen-month formal legal inquiry which calls for governments to take urgent action to make all new houses adaptable and accessible, as 365,000 disabled people say their home is not suitable for their needs. Housing and disabled people: Britain’s hidden crisis calls on governments to produce a national strategy to ensure there is an adequate supply of houses built to inclusive design standards and for a review of the way that building standards are enforced. It also demands that both national and local governments improve the way that data are collected and shared, both on the requirements of disabled people and on the number of adaptable homes already built. The Commission says that equally as important is ensuring provision of specialist support and information services to match homes to the people who need them and to ensure that they are suitably adapted. For the report, click here For a press release by the Commission, click here For a press release specific to the issues in Scotland, click here

Affordable homes demand
On 11 May 2018 the Town and Country Planning Association (TCPA) and the Association for Public Service Excellence (APSE) published a report stating that almost two-thirds of councils describe their need for affordable housing as 'severe' amid a rise in homelessness. The report, Delivering affordable homes in a changing world, which is the fourth in a series of research collaborations between the TCPA and the APSE, finds: 63% of councils describe that their need for affordable housing is 'severe' and 35% describe their need as 'moderate'; 71% of councils in England and 75% in Wales say that levels of statutory homelessness have increased in their local authority area over the past year; 57% of councils in England and 62% in Wales say that rough sleeping has increased in their local authority area over the past year; 43% of councils in England and 62% of councils in Wales say that their levels of 'hidden homeless' have increased over the past year; 62% of councils say that their main model of delivering social and affordable housing is through the planning process via s106 agreements; 30% of councils in England say that permitted development is reducing their ability to build affordable homes; and 4% said that permitted development has had a positive impact on their ability to build affordable homes whilst 54% said it has had no impact. For the report, click here

Help to Buy – Wales
On 8 May 2018 Welsh Housing and Regeneration Minister Rebecca Evans announced that energy efficiency will be part of the equity loan affordability calculator for Help to Buy – Wales applicants. For more information, click here

Removal of cladding systems
On 10 May 2018 The Guardian reported that Members of Parliament “have called on the government to urgently release cash to accelerate the removal of combustible Grenfell-style cladding that remains fully in place on 54 social housing blocks and dozens more private apartment towers across England.” For the report, click here

Legal Aid Lawyer of the Year Awards
The list of finalists for the Legal Aid Lawyer of the Year Awards (LALYS) has been published. Congratulations to the following who have been shortlisted for the housing law category: Kate Hignett, Henry Hyams Solicitors; Giles Peaker, Anthony Gold Solicitors; and Miles Richardson, Citizens Advice Southend. The finalists in the Legal Aid Barrister category include James Stark, a housing law specialist, of Garden Court North. The winners will be announced on 17 July 2018. For a list of the finalists in all categories, click here

HOUSING LAWS IN THE PIPELINE
 

Secure Tenancies (Victims of Domestic Abuse) Act
This government Bill received Royal Assent on 10 May 2018. The Act makes provision about the granting of old-style secure tenancies in cases of domestic abuse. 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 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 is now at Stage 2 which is due to be completed by 18 May 2018. The Stage 1 debate was held on 29 March 2018; for the report of the debate (which commences at page 87), click here For the Bill as introduced, 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. The Bill is being prepared for publication. 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. It received its second reading on 23 April 2018. For the Hansard record of the second reading debate, click here The Bill is due to have its report stage and third reading on 15 May 2018. For the Bill as introduced, 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. It is due to receive a second reading on 21 May 2018. For the Bill as introduced, click here For the impact assessment, click here To follow progress of the Bill, click here

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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

HOUSING LAW ARTICLES & PUBLICATIONS
 

Bits – tenant fees, airbnb and more Giles Peaker Nearly Legal 6 May 2018. To read this article, click here

Automatic discharge of suspended possession order – it depends Giles Peaker Nearly Legal 6 May 2018. To read this article, click here

Ending homelessness: the importance of prevention and effective move-on Helen Mathie Homeless Link 8 May 2018. To read this article, click here

More action needed to protect renters against unfair evictions Vicky Pearlman Shelter Blog 8 May 2018. To read this article, click here

Making the welfare system work for people experiencing homelessness Chris Brill Homeless Link 8 May 2018. To read this article, click here

A different perspective – a smaller housing association view on an offer for tenants Martin Collett NHF Blog 9 May 2018. To read this article, click here

‘I have sleepless nights’: the looming mental health crisis facing generation rent Rhiannon Lucy Cosslett Guardian 9 May 2018. To read this article, click here

No one should have to choose between abuse and homelessness Suzanne Jacob CIH Blog 10 May 2018. To read this article, click here

There’s no such thing as a ‘for-profit’ housing association (and anyone who says different is wrong) David Orr NFH Blog 11 May 2018. To read this article, click here

The rise of middle-aged renters exposes empty Tory promises Owen Jones Guardian 11 May 2018. To read this article, click here

Homelessness and local connection LexisPSL Local Government and Catherine Rowlands Local Government Lawyer 11 May 2018. To read this article, click here

Dying homeless Maeve McClenaghan Homeless Link 11 May 2018. To read this article, click here

We must tackle the hidden housing crisis for disabled people Sarah Davis CIH Blog 11 May 2018. To read this article, click here

Housing First: what so many street homeless people need Deborah Garvie Shelter Blog 14 May 2018. To read this article, click here

Vulnerable young people need help before they lose their home, not after Jennifer Harris Guardian 15 May 2018. To read this article, 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
 

18 May 2018                            
Completion of Stage 2 of the Housing (Amendment) Scotland Bill due (see Housing Laws in the Pipeline)

21 May 2018                            
Hearings begin in Grenfell Tower Inquiry

21 May 2018                            
Scheduled date of second reading of Tenant Fees Bill (see Housing Laws in the Pipeline)

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)

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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