9th October 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Deaths of homeless people in England and Wales: 2018
On 1 October 2019 the Office for National Statistics published statistics of the number of deaths of homeless people in England and Wales. Figures are given for deaths registered in the years 2013 to 2018. The statistical release shows:

  • There were an estimated 726 deaths of homeless people registered in 2018, the highest year-to-year increase (22 per cent) since the series began.
  • Most of the deaths in 2018 were among men (641 estimated deaths; 88 per cent of the total).
  • The mean age at death was 45 years for males and 43 years for females in 2018; in the general population of England and Wales, the mean age at death was 76 years for men and 81 years for women.
  • Two in five deaths of homeless people were related to drug poisoning in 2018 (294 estimated deaths), and the number of deaths from this cause has increased by 55 per cent since 2017.
  • London and the North West had the highest numbers of deaths in 2018, with 148 (20 per cent of the total number) and 103 (14 per cent of the total number) estimated deaths of homeless people respectively.

For the full statistics, click here. For a response to the figures by Crisis, click here. For that of Homeless Link, click here.

Housing benefit freeze: NHF research
On 7 October 2019 the National Housing Federation published research which found that the housing benefit freeze is pushing low income families to the brink, with more than nine in ten homes for private rent (94 per cent) too expensive for those on housing benefit. Two-thirds of these families (65 per cent) are in work. The NHF says that the inadequacy of Local Housing Allowance is contributing to children living in overcrowded and poor quality accommodation, as well as increasing levels of poverty and debt; with families who cannot find anywhere affordable to rent likely to end up homeless. It notes that the number of homeless children in temporary accommodation has increased by 83 per cent since 2011 to 126,020.

The NHF is calling on the government to:

  • End the freeze and increase LHA payments so that they cover at least the bottom 30 per cent of private rent homes in any local area.
  • Commit to investing £12.8bn annually in building new social housing, so that fewer families have to depend on unaffordable and insecure privately rented accommodation.

For more information, click here.

Domestic Abuse Bill
On 2 December 2019 the Domestic Abuse Bill received its second reading in the House of Commons. The Government confirmed that the Bill will be carried over into the next parliamentary session which will commence with the Queen's Speech on 14 October. As a consequence, the Bill will not need to be reintroduced in the next session.

The Bill will now be committed to a Public Bill Committee for line-by-line scrutiny. The House determined that proceedings in the Public Bill Committee shall be brought to a conclusion by 21 November 2019. For the Bill, click here. For progress with the Bill, click here. For the second reading debate, click here.

Domestic abuse and older people
Age UK has published a report – No Age Limit: The Hidden Face of Domestic Abuse – calling on the Government "to make sure the voices of older people are heard, their rights are protected, and their needs included in future legislation addressing domestic abuse". Age UK says that older people can face significant barriers in leaving abusive situations. These barriers can be severe for survivors who have been subject to years of abuse, are experiencing long term health conditions or disabilities, or those who rely on their abuser for their care or money. The charity seeks the following changes:

  • The definition of domestic abuse must include abuse by carers including friends and neighbours, as well as family members.
  • There should be training for health care practitioners, including GPs and practice nurses, who work with older people, particularly during hospital admission and discharge.
  • Data on domestic abuse must be gathered for all ages, not just people aged 74 and under.
  • Better links between the NHS and police are needed to make sure older victims of abuse are properly protected and supported.

For the report, click here.

Housing Possession Court Duty Scheme
On 4 October 2019 the Ministry of Justice launched a consultation on proposals which, it says, will enhance legal support for those facing eviction or repossession. The Housing Possession Court Duty Scheme (HPCDS) offers free ‘on-the-day’ legal advice to anyone in danger of being evicted from their home or having their property repossessed, regardless of their financial circumstances. The MoJ says that, given the vital role the HPCDS plays in ensuring access to justice and the timely resolution of legal problems, the continuation of the service is of paramount importance. The proposed changes are designed to ensure it keeps pace with changes in the wider justice system. For more details of the consultation, see Housing Law Consultations (below). For the announcement of the consultation, click here.

Houses in multiple occupation – England and Wales
On 30 September 2019 the House of Commons Library published a briefing paper setting out the legal framework in England and Wales for controlling standards in HMOs. It considers the powers available to local authorities to carry out enforcement work. For the briefing paper, click here.

House building: April to June 2019 – England
On 3 October 2019 the MHCLG published statistics for house building in England between April and June 2019. In that period new build dwelling starts were estimated at 37,220 (seasonally adjusted), a 2 per cent decrease compared to the previous three months and an 8 per cent decrease on a year earlier. Completions were estimated at 45,190 (seasonally adjusted), a 4 per cent increase from the previous quarter and 11 per cent higher than a year ago. Annual new build dwelling starts totalled 160,640 in the year to June 2019, a 1 per cent decrease compared with the year to June 2018. During the same period, completions totalled 173,660, an increase of 8 per cent compared with last year.

House building starts by housing associations in the last quarter were 6,290, down 4 per cent on the previous quarter. Completions by housing associations were 8,550, up 20 per cent on the previous quarter. For the full statistics, click here. For the MHCLG announcement of the figures, click here. For the data organised by various criteria, click here.

Leasehold and commonhold reform
On 2 October 2019 the House of Commons held a Westminster Hall debate on progress with leasehold and commonhold reform. The Housing Minister, Esther McVey, responding on behalf of the Government, said that it was committed to improving consumer fairness for leaseholders. She added: “The Law Commission is analysing responses to its consultation paper on leasehold enfranchisement reform, Leasehold home ownership: buying your freehold or extending your lease. This autumn, it will report back to Government on the options for reducing the price of that, and on all other aspects of the enfranchisement regime early next year.” For the Hansard record of the debate, click here. For details of the Law Commission’s projects on leasehold and commonhold, click here.

Tenants’ views of their experience
On 3 October 2019 the 'See the Person' campaign  launched a report into research that shows around eight out of ten people who rent their home from a council or housing association have experienced negative stereotypes about tenants. 699 people from across the country who live in social housing took part in an online survey carried out by the campaign’s representatives. The research found that most people who live in social housing have direct experience of negative stereotypes and stigma and that this has an impact on their lives and the lives of neighbours, family and friends. The main sources of this stigma were comments, assumptions and discriminatory attitudes experienced by those in the community and institutions. For more details of the report, click here. For the research document, click here.

Rogue landlords and letting agents: learning toolkit for local authorities
On 2 October 2019 the MHCLG published interactive resources to help local authorities enforce against rogue landlords and letting agents. The two resources, an interactive learning module and a knowledge bank of technical questions and answers, complement the updated guidance launched in April 2019 as part of the Ministry’s online enforcement toolkit for local authorities. For the toolkit, click here.

Families on housing benefit
On 4 October 2019 the Bureau of Investigative Journalism published a report finding that families on housing benefit are priced out of almost all homes to rent in Britain. As part of the Bureau’s investigation into housing and new homelessness laws, it found that councils have been increasingly encouraging those facing or experiencing homelessness to try renting privately, rather than wait for a council house. However, only one in twenty of two-bed properties in the research were affordable. In some cities, the Bureau found almost no affordable two-bed flats to rent: York had seven, Bristol three, and Cardiff two. For more information, click here.

Young people’s housing needs in Manchester: report
On 4 October 2019 the RSA (Royal Society for the encouragement of Arts, Manufactures and Commerce) published a report, commissioned by One Manchester, a housing association. The report found that young people’s housing needs are not being met by the current system and that this is particularly true in Manchester. The report recommended:

  • Government and Greater Manchester Combined Authority need to negotiate a special Housing Affordability Deal to allow Greater Manchester the powers and resources needed to address its affordability crisis.
  • Housing associations should consider a model of Escalator Ownership – where young people rent at a reduced rate in order to save, eventually buying a proportion of the home they live in from a housing association – as a more flexible Rent to Buy option.
  • Local housing associations, in collaboration with Manchester City Council, should create and identify a network of community lettings agencies, ie not-for-profit agencies run according to a set of locally-agreed standards.
  • Housing associations and their partners should work with government to explore new ‘minimum standards’ for mortgage providers and private landlords when running checks on prospective buyers and residents to account for young people working in flexible employment and make sure poor credit does not lock the applicant out of housing.
  • To improve young people’s sense of belonging in their local area, Manchester City Council needs to include a minimum standard for access to private outside space in new developments, reinvigorate its approach to community engagement in housing issues and embed participation in the Our Manchester strategy.
  • Housing associations should partner with local schools and colleges to provide talks and materials on housing options to ensure young people in Manchester have a minimum understanding of the housing market when they first look to live independently.

For the full report, click here and then click the link. For an article on the RSA website, click here. For coverage of the report in The Guardian, click here.

Registered social landlords – Wales
On 1 October 2019 the Welsh Government published, as required by law, a list of registered social landlords. The list includes current and removed organisations. For the list, click here.
Welsh Housing Quality Standard: as at 31 March 2019
On 3 October 2019 the Welsh Government published information on the progress made by social landlords in achieving the Welsh Housing Quality Standard (WHQS) for all their stock. The main findings were:

  • 93 per cent of social housing dwellings were WHQS compliant (including acceptable fails) compared to 90 per cent a year earlier.
  • 69 per cent of all social housing dwellings were fully compliant with the WHQS at 31 March 2019.
  • WHQS compliance is higher for RSLs, with 99 per cent achieving WHQS compliance (including acceptable fails) compared to 84 per cent of local authority dwellings.
  • The most common reason for an acceptable fail was ‘Timing of Remedy’; occurring in over half of all compliant dwellings containing an acceptable fail.
  • ‘Mains powered smoke detectors’, ‘kitchens’, ‘bathrooms’ and ‘central heating systems’, all have 99 per cent WHQS compliance (including acceptable fails).

For the report, click here.

Repossession cases
On 7 October 2019 the Residential Landlords Association published an article claiming that “[c]ourts across the country are failing to follow their own rules when it comes to the speed of dealing with repossession cases.” The RLA says that the Civil Procedure Rules require that cases before the courts are “dealt with expeditiously and fairly” [CPR Part 1.1] but that whilst a repossession claim should take “around nine weeks”, it is taking “over 22 weeks” [according to the latest statistics published by the Ministry of Justice, the median time taken for a landlord possession claim to reach repossession decreased by 0.1 weeks to 19.6 weeks in Apr-Jun 2019]. For the article on the Residential Landlords Association website, click here. For the latest statistics from the MoJ, click here. For the Civil Procedure Rules, click here.
HOUSING LAWS IN THE PIPELINE
 

Parliament was prorogued on 8 October and will open for a new session with the Queen’s Speech on 14 October 2019. Since no carry over motions were passed in respect of the bills below, they have now failed and in order to progress will need to be reintroduced in the next session.

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

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 was due to take place on 1 February 2019 but Parliament did not sit on that day and the second reading will now take place on a date to be announced. 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 was due to receive its second reading on 23 November 2018 but was not called. The Bill itself has not yet been published. 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. Second reading had been further postponed until 22 March 2019 but the Bill was not called. The Bill is now expected to have its second reading debate on a date to be announced. 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. Second reading has been postponed to a date to be announced. 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. Second reading has been postponed to a date to be announced. 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. Second reading has been further postponed and will now take place on a date to be announced. For the Bill as introduced, 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. Second reading has been postponed to a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here

Freehold Properties (Management Charges and Shared Facilities) Bill
This Private Members' Bill, sponsored by Helen Goodman, seeks to make provision for the regulation of fees charged by management companies to freeholders of residential properties; to make provision for self-management of shared facilities by such freeholders; and to require management companies to ensure shared facilities are of an adequate standard. It received its first reading on 14 November 2018. Second reading has been further postponed and is now expected to be on a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here

Fire Safety (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Marsha De Cordova, would require freeholders of certain properties that have failed fire safety tests to carry out remedial work; to make provision for sanctions for such freeholders who fail to carry out such work; to ensure that leaseholders are not held liable for the costs of such work; and to make provision for a loan scheme to assist freeholders in carrying out such work. It received a first reading on 28 November 2018 and will have its second reading on a date to be announced. To follow progress of the Bill, click here.

Tenancy (Deposits and Arbitration) Bill
This Private Members' Bill, sponsored by Lloyd Russell-Moyle, would establish a single custodial tenancy deposit scheme; to provide for that scheme to invest deposits; to require interest on such investments to be used for the provision of tenant advocacy, tenant support and arbitration services; to establish a mandatory arbitration service for the resolution of disputes between landlords and tenants. The Bill received its first reading in the House of Commons on 13 March 2019. The second reading is scheduled to take place on a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Freehold Properties (Management Charges) Bill
This Private Members' Bill, sponsored by Preet Kaur Gill, would require landlords to provide accounts of management charges payable under section 19 of the Leasehold Reform Act 1967 to freehold property owners. The Bill received its first reading in the House of Commons on 5 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Ground Rents (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Eddie Hughes, would regulate ground rents charged on leasehold properties; make provision for a cap on ground rents; and make property developers liable for the legal costs of leaseholders seeking to vary certain ground rent contracts. The Bill received its first reading in the House of Commons on 25 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

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HOUSING LAW CONSULTATIONS
 

A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants
On 15 April 2019, the government announced that it will put an end to so called ‘no-fault’ evictions by repealing section 21 of the Housing Act 1988. Under the new framework, a tenant cannot be evicted from their home without good reason. The government says that this will provide tenants with more stability, protecting them from having to make frequent moves at short notice, and enabling them to put down roots and plan for the future. The government also proposed to strengthen the section 8 eviction process, so landlords are able to regain their property should they wish to sell it or move into it themselves. This will provide a more secure legal framework and a more stable rental market for landlords to remain and invest in.

This consultation seeks views on how section 21 of the Housing Act 1988 has been used in the past, and the circumstances in which landlords should be able to regain possession once it has been abolished, including what changes may be necessary to the existing grounds for possession in Schedule 2 to the Housing Act 1988.

The government is also inviting views on the implications of removing the ability of landlords to grant assured shorthold tenancies in the future, how the processing of repossession orders through the courts could be improved, and whether the reforms should be extended to other types of landlords, most notably, to housing associations.

The consultation closes on 12 October 2019. For the consultation document, click here.

Rogue landlord database reform
​The database of rogue landlords and property agents was introduced in April 2018. The database is targeted at only the most serious and prolific criminals, who are convicted of the limited range of banning order offences. The database is currently an enforcement tool available to local authorities, except in certain circumstances where anonymised, aggregated data can be requested by the public.

In October 2018 the Prime Minister committed to opening up access to information on the database of rogue landlords and property agents to tenants. This consultation is seeking views on widening access to the database to allow tenants and prospective tenants access to the database. To ensure that the database is a useful tool for local authorities and tenants, we are also seeking views on expanding the scope of offences and infractions which could lead to entries on the database.

Annex A contains the current list of offences and infractions which lead to inclusion on the database. Annex B contains a list of proposed offences and infractions for inclusion on the database.

The consultation closes on 12 October 2019. For the consultation document and annexes, click here.

Homelessness Reduction Act 2017: call for evidence
The Government regards the Homelessness Reduction Act as a key lever for reducing homelessness and helping to halve rough sleeping by 2022 and ending it altogether. This call for evidence seeks to gather evidence on:

  • the impact the Act has had and the outcomes that are being achieved;
  • how has the Act changed the approach of local housing authorities and their partners to tackling homelessness and supporting those in need;
  • the experience of people approaching their local housing authority for help;
  • how the implementation of the Act has been resourced, including the level of new burdens funding to assist this; and
  • what elements of the Act and processes are working well, and which might need adjustment.

The consultation closes on 15 October 2019. For the consultation document, click here.

Sprinklers and other fire safety measures in new high-rise blocks of flats
On 5 September 2019 the MHCLG launched a consultation outlining the government’s intention to reduce the “trigger height” at which sprinkler systems would be required in new high-rise blocks of flats and asking for views on the trigger height options. It also seeks views on proposals to improve wayfinding signage within blocks of flats, and to install evacuation alert systems for use by fire and rescue services. The consultation closes on 28 November 2019. For the consultation document, close here.

Housing Possession Court Duty Scheme: Towards a more sustainable service
The government is consulting on proposals to change the Housing Possession Court Duty Scheme. The aim of these proposals is to ensure that the Scheme is sustainable into the future, in order to maintain this vital service for those who need it. The key proposals in this consultation are:

  • contracting for individual courts rather than larger geographical areas
  • allowing providers to claim for the scheme fee in addition to the follow up Legal Help fee
  • the introduction of a set attendance fee for all schemes in place of the existing nil session payment
  • the introduction of reasonable costs for travel as part of the competition element of the bid.

The consultation closes on 3 January 2020. For the consultation document, click here.

Draft Housing Support Grant practice guidance – Wales
The purpose of this consultation is to seek views on the new draft practice guidance for the Housing Support Grant (HSG), which has been produced by the Welsh Government in partnership with external stakeholders. The guidance sets out the framework in which local authorities should operate and administer the grant. The consultation seeks views on whether the guidance:

  • explains what the grant is for
  • will help local authorities to provide support services to those who need them.

The consultation closes on 29 November 2019. To access the consultation documents, click here.

Statutory homelessness statistics online consultation survey
MHCLG is seeking views on its statutory homelessness statistics through an online consultation survey. The survey is open to anyone who uses the statistics. The survey closes on 31 October 2019.

MHCLG is using the survey to collect views from users of its statutory homelessness statistics to help ensure that it provides useful data and information to those interested in homelessness. If you use these statistics in any way you are encouraged to provide feedback on their format and content via the survey. MHCLG is also planning workshop style user events for its statutory homelessness statistics for spring 2020. The survey asks for suggestions for topics to be discussed at the user events. For the survey, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Homelessness could happen to any of us – the numbers shame us all Liam Byrne The Guardian 1 October 2019 – to read the article, click here

The Guardian view on homeless people: let’s give them homes and support Editorial The Guardian 2 October 2019 – to read the article, click here

Housing First: it’s all about relationships Jo Prestidge Homeless Link 3 October 2019 – to read the article, click here

Conservative Party Conference: Where is the government’s offer for struggling renters? Rose Grayston Shelter Blog 3 October 2019 – to read the article, click here

Young people need more modern housing choices Hannah Webster RSA Online 4 October 2019 – to read the article, click here

Exploring the limits of public authority’s liability for children Duncan Fairgrieve and Jim Duffy Local Government Lawyer 4 October 2019 – to read the article, click here

Locked out: how Britain keeps people homeless Maeve McClenaghan, Charles Boutaud, Tom Blount and Charlotte Maher Bureau of Investigative Journalism 4 October 2019 – to read the article, click here

Unlicensed HMO and date of offence Giles Peaker Nearly Legal 6 October 2019 – to read the article, click here

From the County Courts – s.21 timing, breach of PSED Giles Peaker Nearly Legal 6 October 2019 – to read the article, click here

New points on appeal, after a summary possession order Giles Peaker Nearly Legal 6 October 2019 – to read the article, click here

Courts failing to follow rules in housing cases Sally Walmsley RLA Online 7 October 2019 – to read the article, click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action October 2019 – to read the article (subscription required), click here

HOUSING LAW DIARY
 

12 October 2019                                   
Closing date for submissions on the government’s consultation on a new deal for renting (see Housing Law Consultations)

12 October 2019
                                   
Closing date for submissions on the government’s consultation on rogue landlord database reform (see Housing Law Consultations)

14 October 2019                                   
Queen’s Speech

14 October 2019                                  
Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2019 come into force

15 October 2019                                   
Closing date for submissions on the government’s consultation on the Homelessness Reduction Act 2017 (see Housing Law Consultations)

31 October 2019           
Closing date for submissions to the statutory homelessness statistics online consultation survey (see Housing Law Consultations)
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