HOUSING LAW NEWS & POLICY ISSUES

Social housing sales in England: 2018 to 2019
On 5 December 2019 the MHCLG published statistics on the number of sales of existing social housing stock in England for 2018 to 2019. In 2018-19, there were 19,389 sales of social housing dwellings, a 12 per cent decrease compared to 2017-18. The statistics also reveal that in 2018-2019:

• Local authorities were responsible for three out of five social housing sales, consistent with the previous three years.
• Three-quarters of all sales were Right to Buy (including preserved and voluntary Right to Buy) and this is consistent with previous years.
• In 2018-19, there were 4,351 demolitions of social housing stock held by local authorities and private registered providers. There has been a general decrease in number of demolitions since 2001-02.

For the full statistics, click here. For tables on social housing sales, organised by various criteria, click here.

Housing policies in the General Election: Ipsos MORI poll
On 9 December 2019 Ipsos MORI reported that, according to latest data from its political campaign tracker, housing will be a key factor in deciding how to vote for 23 per cent of the British public. Those more likely to see it as an issue are 25-34 year olds (28 per cent), those in London (32 per cent) and past Labour voters (33 per cent). Although the Labour Party is the most trusted party on housing, the majority are not confident in any of the main political parties’ ability to improve housing in the next government. For more details, click here.

Housing cases in the civil courts: July to September 2019
On 5 December 2019 the Ministry of Justice published statistics relating to civil cases between July and September 2019. Mortgage and landlord possession claims in the county court decreased by 3 per cent, to 35,000, compared with the same period in 2018. This decrease has been driven by a fall in landlord possession claims. Mortgage possessions over the same period have increased. For the full statistics, click here.

Housing statistics: 1 April 2019 to 30 September 2019
On 3 December 2019 the Office for National Statistics published statistics showing the number of housing starts on site and housing completions delivered by Homes England between 1 April 2019 and 30 September 2019. According to the statistics, during that period:

• There were 16,955 housing starts on site and 14,792 housing completions delivered through programmes managed by Homes England (excluding London for all programmes except those administered by Homes England on behalf of the Greater London Authority).
• 12,310 or 73 per cent of housing starts on site were for affordable homes.
• 5,157 affordable homes started were for affordable rent, a reduction of 9 per cent on the 5,698 started in this period last year.
• 10,295 (70 per cent) of housing completions were for affordable homes.
• 6,405 affordable homes completed were for affordable rent, a decrease of 19 per cent on the 7,918 completed in the same period last year.

For the full statistics, click here.

Labour’s ‘moral mission’ to end rough sleeping
On 5 December 2019, as part of its plans to fulfil a manifesto pledge to end rough sleeping within five years, the Labour Party announced:

• a £600m Modern Hostels Fund for good quality homeless accommodation with 5,000 additional bed spaces to take people off the streets and help them rebuild their lives;
• a £200m Hostels Transformation Fund to turn existing hostels into places where homeless people can turn their lives around;
• a new £100m a year scheme for emergency winter shelter and support to save lives, starting this winter, and to get people off the streets in the cold weather;
• 4,000 additional ‘Housing First’ homes – a scheme to get some rough sleepers straight off the streets and into permanent housing, and 4,000 new permanent ‘move-on’ homes, ring-fenced for rough sleepers moving out of hostel accommodation.

For the announcement, click here.

Children in low-income families
On 6 December 2019 Action for Children released analysis of official figures which “shows three pupils in every primary school class will be deprived of the basics this Christmas”. The charity said that almost one million under-10s from low-income families lack basics such as a heated home, warm winter coat or fresh food. For more details of the analysis, click here.

Renting Homes (Fees etc.) (Holding Deposit) (Specified Information) (Wales) Regulations 2019
These regulations, which come into force on 10 December 2019 for the purpose of regulation 2 and 28 February 2020 for all other purposes, set out information which must be provided to a prospective contract-holder by either the landlord or their letting agent, before a holding deposit is paid in respect of a standard occupation contract. The regulations also specify the way in which the information must be provided.

Regulation 2 revokes the Renting Homes (Fees etc.) (Specified Information) (Wales) Regulations 2019. If the information in regulation 3(2) is not provided to a prospective contract-holder before a holding deposit is paid, the landlord or letting agent may not rely upon the exceptions set out in paragraphs 8, 9 and 10 of Schedule 2 to the Renting Homes (Fees etc.) (Wales) Act 2019 and the holding deposit must be repaid. Regulation 3(3) sets out how the information must be provided.

For the Renting Homes (Fees etc.) (Holding Deposit) (Specified Information) (Wales) Regulations 2019, click here. For the Renting Homes (Fees etc.) (Wales) Act 2019, click here.

Universal Credit and rent arrears – Wales
On 5 December 2019 the Welsh Government announced that it had commissioned research to assess the impact of Universal Credit on the Council Tax Reduction Scheme (CTRS) and rent arrears in Wales. Among the aims of the research are to assess the wider impact of Universal Credit on rent arrears in Wales and the reasons behind this, and to explore the awareness and use of the available support offered by DWP, and that provided by landlords and third party organisations. As part of this research, Universal Credit claimants and stakeholders are invited to take part in an interview which explores their experience of Universal Credit. For more details, click here.

Housing Possession Court Duty Scheme – Willesden
On 6 December 2019 the Legal Aid Agency invited expressions of interest from 2018 Standard Civil Contract holders currently delivering housing and debt services (not only current HPCDS providers) for the delivery of the Willesden HPCDS in north west London until 30 September 2020. For further information and details of how to apply, click here.

HOUSING LAWS IN THE PIPELINE

Parliament was dissolved on 6 November 2019 ahead of the General Election on 12 December. On dissolution those bills still progressing through Parliament failed and, in order to proceed, must be reintroduced in the next Parliament.

HOUSING LAW CONSULTATIONS

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.

Housing Ombudsman’s consultations
The Housing Ombudsman has launched consultations on two documents aimed at providing a faster, more accessible and more transparent service. Both the Business Plan for 2020-21 and revised Housing Ombudsman Scheme propose changes to meet the challenges of unprecedented demand for the service and to respond to resident and landlord expectations.
The Housing Ombudsman says that the Business Plan 2020-21 sets out new approaches for handling casework based on a new, more efficient operating model. It includes plans to support earlier resolution of complaints within landlords’ complaint procedures as well as faster, high-quality decisions on complaints in its formal remit.

Proposed changes to the Housing Ombudsman Scheme would increase awareness of the service and support consistent complaint handling practice across landlords. A new power would help to ensure evidence is provided in a timely manner to accelerate complaint resolution, with the initial evidence requested not being received in an estimated 25 per cent of cases. Another new power to conduct further investigations beyond the initial complaint would help to identify any potential systemic failure.

The consultations are open until 20 December 2019. For the consultations, click here.

Strengthening police powers to tackle unauthorised encampments
The Government is consulting on measures to criminalise the act of trespassing when setting up an unauthorised encampment in England and Wales and, in particular, on:

• amending section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas
• amending sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return from three months to twelve months
• amending section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised from six to two or more vehicles
• amending section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway.

For the consultation, which closes on 4 March 2020, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

The homeless death statistics are shocking – but the true total may be even higher Sebastian Lucas The Guardian 3 December 2019 – to read the article, click here

Haven or Hell? Time to challenge our assumptions on ageing-in-place Helen Brown CIH Blog 3 December 2019 – to read the article, click here

The national housing emergency and the Conservatives Robin White Shelter Blog 4 December 2019 – to read the article, click here

The national housing emergency and Labour Robin White Shelter Blog 4 December 2019 – to read the article, click here

Factcheck: is Labour responsible for the rise in homelessness? Hilary Osborne The Guardian 5 December 2019 – to read the article, click here

Manifesto mayhem Nearly Legal 5 December 2019 – to read the article, click here

A matter of life and death – Housing, homelessness and serious youth violence Marike van Harskamp Homeless Link 4 December 2019 – to read the article, click here

FTT fails natural justice on tenant’s RRO application Giles Peaker Nearly Legal 5 December 2019 – to read the article, click here

Property Guardians, vanishing companies and still getting it wrong Giles Peaker Nearly Legal 5 December 2019 – to read the article, click here

Climate emergency #3: have you thought about New Housing? Maxim Laithwaite and David Hutton Local Government Lawyer 6 December 2019 – to read the article, click here

Climate emergency #4: have you thought about Retrofitting? Maxim Laithwaite, David Hutton and Nathan Bradberry Local Government Lawyer 6 December 2019 – to read the article, click here

Tribunal costs in County Court proceedings Giles Peaker Nearly Legal 8 December 2019 – to read the article, click here

What we learnt from the National Housing Hustings 2019 Shaan Banghal Shelter Blog 9 December 2019 – to read the article, click here

What do we know about “honour-based” violence? Alina Kaur NHF Blog 9 December 2019 – to read the article, click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action December 2019 / January 2020 – to read the article (subscription required), click here

HOUSING LAW DIARY

13 December 2019                               
Opening of Parliament

20 December 2019                               
Closing date for submissions to two consultations by the Housing Ombudsman (see Housing Law Consultations)

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