HOUSING LAW NEWS & POLICY ISSUES

Law Commission proposes radical reforms for leaseholds of houses and flats
On 20 September 2018 the Law Commission 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 for the consultation paper, click here

Prime Minister’s announcement of £2bn funding of social and affordable housing
On 19 September 2018, in a speech to the National Housing Federation, the Prime Minister announced that “new longer-term partnerships will be opened up to the most ambitious housing associations through a ground-breaking £2 billion initiative.” She added:

“Under the scheme, associations will be able to apply for funding stretching as far ahead as 2028/29.”

The Prime Minister deprecated the “prejudice and stigma” associated with social housing and said that those who live in social housing “should not have to put up with second-rate homes”.

For the Prime Minister’s speech, click here For coverage in The Guardian, click here For the response of the Local Government Association, click here For that of CIH, click here and for that of the NHF, click here

Homelessness: guidance on duty to refer
On 21 September 2018 the MHCLG published guidance to help public authorities understand how to administer the duty to refer. From 1 October 2018 certain named public bodies will have a duty to refer users of their service who they have reason to believe are homeless or threatened with becoming homeless within 56 days, to a local authority of the service users’ choice. The duty has been introduced by the Homelessness Reduction Act 2017 which came into force on 3 April 2018. The guide outlines what the purpose of the duty to refer is, some advice for identifying when someone is threatened with homelessness, and what the procedures are for referring someone to a local authority. It also answers some frequently asked questions.

For the guidance, click here

Move On Fund: prospectus amended
On 21 September 2018 the MHCLG published an amended version of the prospectus for the Move on Fund (part of a package of measures that have been announced through the government’s new Rough Sleeping Strategy). The Fund is now open for bidding through the Homes England’s Investment Management System. The text of the prospectus has been changed to reflect this. For the amended version of the prospectus, click here

Right to Buy sales in England: April to June 2018
On 13 September 2018 the MHCLG published official statistics on the number of sales of dwellings under the Right to Buy scheme in England between April and June 2018. In that period local authorities sold an estimated 2,452 dwellings. This is a decrease of 13 per cent from the 2,814 sold in the same quarter of 2017-18. Local authorities received approximately £202.9 million from Right to Buy sales, 16 per cent lower than the £242.2 million in the same quarter of 2017-18. The average receipt per dwelling sold in the latest quarter was £82,800. This compares to £86,100 in the same quarter of 2017-18. For the full statistics, click here For the response of CIH, which calls for the Right to Buy to be suspended in the light of sales continuing to outstrip replacements, click here

Grenfell Tower Memorial Commission update letter
On 17 September 2018 the MHCLG published a letter from the Secretary of State, James Brokenshire, to the chair of the Select Committee on Building Regulations and Fire Safety, Clive Betts, to update him on the Grenfell Tower Memorial Commission. For the letter, click here

Ombudsman’s report: noise nuisance complaints in Lambeth
Lambeth council has agreed to look into long-standing noise nuisance issues after officers admitted, during a Local Government and Social Care Ombudsman investigation, it had turned down more than 6,300 complaints. The agreement has come following the Ombudsman’s investigation into a woman’s complaint about the way the council handled her concerns about noise emanating from a neighbouring flat which she said caused her to suffer ill-health. Officers initially investigated the woman’s complaint, but they did not visit during times when the nuisance occurred. In 2016 the council changed its policy so it would not investigate a complaint unless more than three people had complained about the same issue. This meant officers decided not to look into the woman’s further complaint.

During the Ombudsman’s investigation, it became apparent that 6,353 other complaints had not been considered because of the change in policy. The Ombudsman found fault with the council for changing its policy, which meant it was not meeting its statutory obligations. In this case the council has agreed to apologise to the woman for refusing to investigate her complaint, and investigate her complaint and report its findings within six weeks. It has also agreed to amend its policy to ensure it complies with its statutory duties. It will publicise locally the changes it has made, making it clear it will investigate those complaints it has previously refused to investigate, if the nuisance complained of recurs or is ongoing.

For more details and the report itself, click here

Overcrowded housing – England
On 21 September 2018 the House of Commons Library published a briefing paper explaining the current statutory overcrowding standard in England, efforts to update the standard, and government approaches to tackling the problem. For the briefing, click here

Rural housing statistics
On 20 September 2018 Defra published official statistics for housing availability and affordability in rural and urban areas. The statistics reveal that:

• More new dwellings are started and completed per household in predominantly rural areas than in predominantly urban areas.
• Between 2016/17 and 2017/18 the number of dwelling completions per 1,000 households increased in both predominantly rural and predominantly urban areas.
• House prices are less affordable in predominantly rural areas than in predominantly urban areas (excluding London). In 2017, the average lower quartile house price was 8.6 times the average lower quartile earnings in predominantly rural areas. This compares with 7.4 times in predominantly urban areas (excluding London), 15.1 times in London and 9.1 times in England as a whole.
• There are proportionally fewer homeless people and people in temporary accommodation in rural areas than in urban areas.

For the various sets of statistics, click here

What is affordable housing in England?
On 21 September 2018 the House of Commons Library published a briefing paper considering how affordable housing is defined in England and looking at key trends in the affordability of different tenure types. It also examines the supply of affordable housing and the role of Housing Benefit in enabling households to access and retain affordable housing. For the briefing, click here

Labour Party Conference
On 24 September 2018 John Healey, the Shadow Housing Secretary, told the Labour Party Conference that, if elected, a Labour government would:

• Set up a fully-fledged housing department to lead the drive to fix the housing crisis;
• End rough sleeping within a parliament;
• Control rents, end no-fault evictions and put a stop to the tyranny of rogue landlords;
• Give first-time buyers on ordinary incomes “the opportunities only the rich get under the Tories”; and
• Get councils building council housing again and build a million new truly affordable council and housing association homes.

He also announced that the next Labour government would “back new unions for renters, and fund them in every part of the country – so renters who feel helpless in the face of this housing crisis can organise and defend their rights”.

For John Healey’s speech, click here

Fire Door Safety Week
On 24 September 2018, Fire Door Safety Week (which runs from 24 to 30 September) published research revealing that almost three quarters (72 per cent) of flat tenants would ignore the guidance to “stay put” if there was a fire in their building and their particular flat was not affected by fire or smoke.

When asked why they would not follow the stay put advice, 39 per cent of residents said that they do not have confidence in their building’s ability to stop the spread of smoke and fire, 28 per cent said they do not understand why the “stay put” advice is in place and 61 per cent stated they would rather take matters into their own hands.  In the last year, only 25 per cent of tenants have been reassured or had discussions with their landlord about fire safety in their building.

For more details of the research, click here For details of Fire Door Safety Week more generally, click here

NHS Alliance’s Health Creation and the housing sector
On 17 September 2018, two leading housing bodies – PlaceShapers and the National Federation of ALMOs –called for the widespread adoption of the New NHS Alliance’s Health Creation framework by frontline services across the health, care and housing sectors. A recently published report, Health Creating Practices – shining a spotlight on housing, shows how the approach improves health for tenants and communities. It details the outputs of a partnership project with seven housing associations and ALMO members and the New NHS Alliance. Place studies demonstrate how communities working equally with organisations in an area, rather than having things done to them, can improve health outcomes and move the focus to helping people to get and stay well; and highlights the tenant, community, and organisational benefits of adopting health creating practices. For the report, click here

Housing First pilot project in Conwy and Denbighshire
On 24 September 2018 Welsh Housing and Regeneration Minister, Rebecca Evans, announced £90,000 of funding for a Housing First pilot project in the area run by Conwy and Denbighshire local authorities. The pilot will involve moving people with complex needs into permanent housing and offering them one to one support to address their problems and to be able to sustain a tenancy themselves. For the announcement, click here

HOUSING LAWS IN THE PIPELINE

Parliament rose on 13 September and will return on 9 October 2018.

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 committee stage on 20 June 2018 (when its original title was simplified to that above) and will have its report stage on 26 October 2018. For the Bill as amended in committee, 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 and is now due to take place on 26 October 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 until 26 October 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 26 October 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 and is due to have its second reading on 26 October 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 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 26 October 2018. For the Bill as introduced, click here 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 and the House of Lords where amendments were tabled at third reading. The Commons will next consider those amendments. For those amendment, click here For the government’s announcement of the Bill, click here For the government’s announcement of its latest proposed amendments, 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 is due to receive its second reading on 10 October 2018. For the Bill as introduced in the House of Lords, click here For the impact assessment, click here For a research briefing prepared for the report stage in the Commons, click here To follow progress of the Bill, click here

Housing and Planning (Local Decision-Making) Bill
This Private Member’s Bill seeks to remove powers of the Secretary of State in relation to the location of and planning permission for new housing developments; to give local authorities powers to establish requirements on such developments in their area, including requirements on the proportion of affordable and social housing. It received its first reading on 13 March 2018 and is due to receive its second reading on 26 October 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 and the Equality, Local Government and Communities Committee is taking oral evidence. For the Bill, as introduced, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

Consultation on fire safety: clarification of statutory guidance (Approved Document B)
The MHCLG is seeking views on the proposed clarification of statutory guidance on fire safety (Approved Document B) that aims to improve usability and reduce the risk of misinterpretation by those carrying out and inspecting building work. The consultation is part of the Government’s response to Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. The consultation closes on 11 October 2018. For the consultation documents, click here

Consultation on A new deal for social housing green paper
The social housing green paper proposes to ensure social homes provide an essential, safe, well managed service for all those who need it. The government says that it will consider how it can re-balance the relationship between residents and landlords to ensure issues are resolved swiftly and residents’ voices are heard. To support this vision there is, in the government’s opinion, a powerful case to be made for strengthening the regulatory framework so that it not only focuses on the governance and financial viability of housing associations, but also on how residents are treated and the level of services they should expect. The government seeks to address the stigma that for too long has been associated with social housing and on which residents all around the country have voiced their concern. The green paper seeks views on the government’s vision for social housing providing safe, secure homes that help people get on with their lives. The consultation closes on 6 November 2018. To access the green paper, click here To respond online, click here

Review of social housing regulation: call for evidence
The social housing green paper set out the government’s intention to carry out a review of regulation of social housing to ensure it remains fit for purpose, reflects changes in the social housing sector and drives a focus on delivering a good service for residents. This call for evidence asks for information on how the regulatory regime is meeting its current objectives – both what works well and what does not. It marks, together with questions in the green paper, the first stage in the review process. The government says that it is keen to hear from a wide range of interested parties including residents, landlords and lenders. The consultation closes on 6 November 2018. For the consultation document, click here To respond online, click here

Use of receipts from Right to Buy sales
The government has expressed its wish to support local authorities to build more affordable homes. This consultation invites views on options to change the rules governing the money raised from Right to Buy sales to make it easier for councils to build more homes. It also seeks views on whether the commitment that every additional home sold (as a result of the increase in discounts in 2012) is replaced on a one-for-one basis nationally should be retained, or reformed to focus on the wider supply of social and affordable housing. The government is keen to hear from local authorities as well as residents and other stakeholders. The consultation closes on 9 October 2018. For the consultation document, click here To respond online click here

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

HOUSING LAW ARTICLES & PUBLICATIONS

A matter of life and death: Why you must check your fire doors Sally Walmsley, Residential Landlords Association website 25 September 2018 – to read the article click here

London Mayor announces plans to boost affordable housing in Olympic Park Cecil Sagoe, Shelter blog 21 September 2018 – to read the article click here

A new map of London’s homelessness services Becky Rice, homeless link 24 September 2018 – to read the article click here

A Quiet Crisis: Local government spending on disadvantage in England Adam Tinson, Carla Ayrton and Issy Petrie, New Policy Institute and Lloyds Bank Foundation September 2018 – to read the report click here

Council Housing: How Hackney has raised the game Rowan Moore, The Observer 23 September 2018 – to read the article click here

HOUSING LAW DIARY

30 September 2018                              
Extended closing date for submitting bids to the additional housing revenue account borrowing programme

1 October 2018                                     
Implementation of changes to Civil Procedure Rules

1 October 2018                                     
Introduction on certain public bodies of duty to refer (under the Homelessness Reduction Act 2017)

9 October 2018                                    
Consultation closes on use of receipts from Right to Buy sales (see Housing Law Consultations)

9 October 2018                                     
Parliament returns

10 October 2018                                   
Second reading in House of Lords of Tenant Fees Bill

11 October 2018                                  
Consultation closes on fire safety: clarification of statutory guidance (Approved Document B) (see Housing Law Consultations)

26 October 2018                                   
Report stage scheduled for Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline)

26 October 2018                                   
Second readings 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

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RECRUITMENT

Featured Job of the Week

Private Sector Housing

Tenancy Relations Officer
£34,183.50 – £38,666.50 Plus Benefits

As Tenancy Relations Officer in our busy Private Sector Housing Team you will play a leading role in achieving good landlord standards, primarily through enforcement of the Protection from Eviction Act 1977 and by promoting good tenancy relations.

You will be operating in a regulatory environment and must have experience in tenancy relations work including the provision of detailed advice to both landlords and tenants.  You will be educated to degree level and will have the skills to be able to resolve conflict, enforce standards and fully investigate alleged harassment and illegal-eviction offences.

You will be the single point of contact for tenancy relations advice and information for tenants, landlords and partner agencies, as well as the Council’s housing teams.  You will therefore need to be proactive, resourceful and have the skills to work independently.

You must also have the confidence and communication skills to raise awareness and promote best practice with landlords and other agencies through forums, newsletters and training.

Closing date:        Sunday 30 September 2018
Interview date:       Tuesday 09 October 2018

For more information please contact Tim Mills, Private Sector Housing Manager on 01295 221655.

To download a Recruitment pack and apply for the post, please visit the council’s website (https://www.cherwell.gov.uk/directory-record/5389/tenancy-relations-officer) or contact the Human Resources Department on 01295 221767

Leasehold Advisory Service (LEASE)
For further details click here

Cambridgeshire County Council
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Amber Valley Borough Council
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Amber Valley Borough Council
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Brighton & Hove City Council
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Brighton & Hove City Council
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RB of Greenwich
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RB of Greenwich
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RB of Greenwich
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Leeds Women’s Aid
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Harrow Council
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Sevenoaks District Council
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