20 June 2018
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HOUSING LAW NEWS & POLICY ISSUES
 
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018
The above Regulations were laid on 18 June and will come into force on 9 July 2018. The regulations amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 to provide that persons who have been transferred to the United Kingdom under section 67 of the Immigration Act 2016, and have leave to remain under paragraph 352ZH of the Immigration Rules, are eligible for social housing and homelessness assistance provided they meet the habitual residence test.

For the letter from MHCLG to local authority chief executives, chief housing officers and chief officers of children’s services (18 June 2018) click here. For the Regulations click here

New guidance for landlords to further protect tenants from poor living conditions
On 20 June 2018 MHCLG published new guidance for Local Housing Authorities: Houses in multiple occupation and residential property licensing reform: guidance for local housing authorities. This document sets out guidance for local authorities in the implementation of requirements set out in 2018 statutory instruments on the Licensing of Houses in Multiple Occupation. 
The guidance should be read alongside The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018, and the Housing Act 2004. For the Guidance document click here

New Consultation on banning combustible cladding
On 18 June 2018, the Housing Secretary, James Brokenshire MP launched a new consultation paper, Banning the use of combustible materials in the external walls of high-rise residential buildings .The consultation is seeking views on proposals to ban the use of certain materials.

This consultation is seeking views on proposals to revise the building regulations to ban the use of combustible materials in the inner leaf, insulation and cladding that are used in external wall systems on high-rise residential buildings. The consultation closes at 11.45pm on 14 August 2018.

For the consultation paper click here For details of the various ways in which to respond to the consultation click here

Private Housing Rental Prices Update
On 13 June 2018 the Office for National Statistics published the latest release (for May 2018) of the Rent Index of Private Housing Rental Prices, Great Britain. This indicates that:
  • Private rental prices paid by tenants in Great Britain rose by 1.0% in the 12 months to May 2018; unchanged from April 2018.
  • In England, private rental prices grew by 1.0%, Wales saw growth of 1.2% while Scotland saw rental prices increase by 0.6% in the 12 months to May 2018.
  • London private rental prices decreased by 0.2% in the 12 months to May 2018.
  • This is the first time London private rental prices have fallen over the year since September 2010.
For the full details click here

Social media hub announced to tackle gang-related online content
The Home Secretary Sajid Javid has announced £1.38 million to strengthen the police’s response to violent and gang-related online content. Funding from the government’s £40 million Serious Violence Strategy will be used to create a 20-strong team of police staff and officers tasked with disrupting and removing overt and covert gang-related online content. To read the details click here

Local Government and Social Care Ombudsman determines Teenager was wrongly left homeless
After her mother’s eviction from a Housing Association property, a teenage girl (“Miss X”) and her mother had initially been placed in interim accommodation by the London Borough of Islington in a neighbouring borough (“Council B”). Subsequently, LB of Islington officers decided that the mother was intentionally homeless and declined to assist further and served notice on the mother to leave the interim accommodation. Islington Council referred Miss X to children’s services in Council B because that was the area in which the teenager was living at the time even though Islington Council had placed her there.

Following an investigation, the Ombudsman concluded that the Council had failed to recognise its separate duties to the teenager. The Report states that, “If the Council believes that Council B is responsible for Miss X under the Children Act 1989 it should work with Council B to resolve any disputes. Miss X should not be disadvantaged by any disagreements and the Council should provide any necessary services until the disputes are settled.” For the Report click here

Drug-related harms in homeless populations: public evidence gathering day
The Advisory Council on the Misuse of Drugs (ACMD) was The ACMD was commissioned by the Home Secretary to examine the factors that make vulnerable people misuse drugs and, specifically, report on how drug-related harms can be prevented amongst homeless people. The public evidence gathering day will take place on Tuesday 3 July in Manchester. For further details click here.

Local Authority Housing Statistics data
On 18 June 2018 MHCLG published the updated Local authority housing statistics data returns for 2016 to 2017. This includes details of dwelling stock, disposals, rents and rent arrears, allocations and evictions. For the click here

The Renting Homes (Fees etc.) (Wales) Bill
A new Welsh Government Bill banning fees charged in the private rented sector has been announced by the Housing and Regeneration Minister. For details click here. For the Impact Assessments click here.

UK House Prices
The latest release of the UK House Price Index (April 2018) was published by the ONS on 13 June 2018. UK all dwellings. This indicates that:
  • Average house prices in the UK have increased by 3.9% in the year to April 2018 (down from 4.2% in March 2018). This is its lowest annual rate since March 2017 when it was 3.7%. The annual growth rate has slowed since mid-2016 and has remained under 5%, with the exception of October 2017, throughout 2017 and into 2018.
  • The average UK house price was £227,000 in April 2018. This is £9,000 higher than in April 2017 and £3,000 higher than last month. On a seasonally adjusted basis, average house prices in the UK increased by 0.7% between March 2018 and April 2018, compared with an increase of 0.5% in average prices during the same period a year earlier.
For the full 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 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 2018On 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 . It will begin its Committee stage on 20 June 2018. To follow progress of the Bill, click here

Homeless People (Current Accounts) Bill
This is a Private Member’s Bill introduced in the House of Commons by Peter Bone. The Bill is intended to require banks to provide current accounts for homeless people seeking work; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading is due to take place on 1 February 2019. To follow progress of the Bill, click here

Sublet Property (Offences) Bill
This is a Private Member’s Bill introduced in the House of Commons by Christopher Chope. It is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions in respect of unauthorised sub-letting; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed and is now due to take place on 6 July 2018. To follow progress of the Bill, click here

Mobile Homes and Park Homes Bill
This is a Private Member’s Bill introduced in the House of Commons, also by Christopher Chope. It is intended to require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; to make provision in relation to the residential status of such homes; to amend the Mobile Home Acts; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading was postponed and is due to take place on 6 July 2018. To follow progress of the Bill, click here

Affordable Home Ownership Bill
This Bill was introduced to Parliament on Tuesday 24 October 2017, also by Christopher Chope, under the Ten Minute Rule and is a Private Member’s Bill. It was said by him to make provision for affordable home ownership; to require the inclusion of rent to buy homes in the definition of affordable housing; to make provision for a minimum proportion of new affordable housing to be available on affordable rent to buy terms; to provide relief from stamp duty when an affordable rent to buy home is purchased; and for connected purposes. The Bill itself has not yet been published. Its second reading has been postponed to 6 July 2018. To follow progress of the Bill, click here

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

Regulation of Registered Social Landlords (Wales) Act 2018
The purpose of this Act 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. Royal Assent was given on 13 June 2018.
   
For details of the history of the Bill’s progress prior to enactment 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. The latest step was the Committee stage: House of Lords on 19 June 2018. For the second reading debate, click here For the Bill as introduced in the House of Lords, click here For the government’s announcement of the Bill, click here To follow progress of the Bill, click here

Tenant Fees Bill
This government Bill makes provision for prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; makes provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; and amends the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents and the provisions of the Housing and Planning Act 2016 about client money protection schemes. It received its first reading on 2 May 2018 and its second reading on 21 May 2018. For the second reading debate, click here

The Bill will next be considered at Report Stage and Third Reading on a date to be announced. 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
 

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

Consultation on Banning the use of combustible materials in the external walls of high-rise residential buildings.
This consultation is seeking views on proposals to revise the building regulations to ban the use of combustible materials in the inner leaf, insulation and cladding that are used in external wall systems on high-rise residential buildings. The consultation closes at 11.45 pm on 14 August 2018. For the consultation paper click here For details of the various ways in which to respond to the consultation click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

Interview with Polly Neate: we need to talk about social housing Inside Housing 15 June 2018 – to read the interview click here (subscription required)

Living standards continue to stagnate as cuts to benefits outweigh gains from the National Living Wage Harriet Anderson and Calum Masters,Joseph Rowntree Foundation 15 June 2018 – to read the article click here

 All housing professionals want to ensure a Grenfell tragedy never happens again David Orr, Guardian Housing Network 15 June 2018 – to read the article click here

Theresa May could honour Grenfell victims by fixing the housing crisis Polly Toynbee, The Guardian 14 June 2018– to read the article click here

Grenfell Tower: New £2m homes still empty The Sunday Times 17 June 2018 – to read the article click here (subscription required)

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