HOUSING LAW NEWS & POLICY ISSUES

Social housing and disrepair: Shelter report
On 10 June 2019 Shelter warned the government that it “must listen to the third of families with children in social housing who feel less safe in their homes and take urgent action to prevent further tragedies”. New figures released by Shelter show that over half (56 per cent) of social renters in England (five million people) have experienced a problem with their home in the last three years, including electrical hazards, gas leaks and faulty lifts. Among those who had a problem, one in ten had to report it more than ten times, suggesting tenants are still being failed by poor regulation. For more details, click here.

Housing affordability: three reports from the Affordable Housing Commission
On 6 June 2019 the Affordable Housing Commission published a report – Defining and measuring housing affordability: an alternative approach – which examines how best to define and measure housing affordability. After considering the main ways of measuring affordability, it sets out a series of measures to capture affordability for renters, homeowners and would-be buyers. Using this measure, the report finds that 4.8m households have affordability issues and examines how this has changed over time. For the report, click here. For comment by the Local Government Association, click here.

The Commission also published a literature review analysing why housing affordability has worsened. The report explores both the supply and demand factors which have been advanced as the main drivers of unaffordable housing; for that report, click here. Finally, the Commission undertook a series of focus groups to gauge the public's perception of unaffordable housing; for a report of the main findings, click here.

‘Accessible homes crisis’ for England: Habinteg research
On 4 June 2019 Habinteg Housing Association published new research – A Forecast for Accessible Homes – which warned of an ‘accessible homes crisis’. The nationwide analysis of 322 local planning policies states that less than a quarter of homes built outside London by 2030 will be suitable for older and disabled people. The report finds:

• Outside London under a quarter (23 per cent) of new homes due to be built by 2030 are planned to be accessible, negatively impacting on the health and independence of older and disabled people.
• Just 1 per cent of homes outside London are set to be suitable for wheelchair users despite 1.2 million wheelchair users in the UK and a rapidly ageing population.
• There is a ‘postcode lottery’ in the supply of new accessible and adaptable homes. By 2030 there will only be one accessible new home built for every 270 people in the West Midlands, one accessible new home for every 52 people in the East of England, and one accessible new home for every 24 people in London.
• London bolsters the national forecast as the Greater London Authority requires 90 per cent of new homes to be built to accessible and adaptable standards (known as building regulations M4 category 2) and 10 per cent to wheelchair accessible standards (known as building regulations M4 category 3). 

Habinteg is calling on the government to change national policy so that all new homes are built to be more accessible and adaptable, as they are in London. For the report, click here. For an article by Habinteg concerning the report, click here. For the Local Government Association’s response, click here.

Unlawful accessing of personal data
On 7 June 2019 the Information Commissioner reported that a former customer services officer at Stockport Homes Limited (SHL) had been found guilty of unlawfully accessing personal data without a legitimate reason to do so. The former employee spent time looking at anti-social behaviour cases on SHL's case management system when she was not authorised to do so. She accessed the system 67 times between January and December 2017. She was ordered to pay a £300 fine, £364.08 costs and a victim surcharge of £30. For a fuller report, click here.

House of Commons debate on Social Housing
On 13 June 2019 there will be a House of Commons general debate on social housing. The debate will take place in the main chamber. The House of Commons Library has published a briefing for the debate. To access it, click here. For a Hansard record of the debate (available from 14 June 2019), click here and then click on ’13 June.

Inquiry into long-term delivery of social and affordable rented housing
On 31 May 2019 the Commons Select Committee on Housing, Communities and Local Government announced a new inquiry into the effectiveness of the Government’s current strategies to boost social and affordable rented housing provision. The investigation will include the adequacy of funding levels, as well as programmes and incentives for key stakeholders, such as local authorities and housing associations, to stimulate delivery. The Committee will also look at the challenges facing different areas of the country and consider what lessons can be learnt from successful schemes in other countries. The Committee invites written submissions to the inquiry by 12 July 2019. For more details of the inquiry, click here.

Domestic abuse and homelessness (1)
On 30 May 2019 Crisis and the All-Party Parliamentary Group for Ending Homelessness (APPGEH) published a report which found that survivors of domestic abuse in England are being left at risk of homelessness because local authority rules state they are not vulnerable enough for help with finding permanent housing. A Safe Home: Breaking the link between homelessness and domestic abuse showed that in any given year, an estimated 1,960 households fleeing domestic abuse in England are not being provided with a safe home by their local authority housing teams because under the current system, not everyone fleeing domestic abuse in England is considered in “priority need”. Crisis and the APPGEH are calling for the government to amend the Domestic Abuse Bill so that it extends priority need status to all victims who are homeless because of domestic abuse, guaranteeing them a safe and settled home.

For the report, click here. For a press release by Crisis, click here. For the government’s response, published in January 2019, to the consultation on the draft Domestic Abuse Bill (which is set out in Annex D), click here. For the Local Government Association’s response to the Crisis / APPGEH report, click here.

Domestic abuse and homelessness (2)
A Westminster Hall debate on the subject of domestic abuse and homelessness has been scheduled for 9.30am on 12 June 2019. The debate has been initiated by Neil Coyle MP. For a House of Commons Library research briefing prepared for the debate and including consideration of the Crisis / APPGEH report (above), click here. For a Hansard record of the debate (available from 13 June 2019), click here and then click on ’12 June’ and ‘Westminster Hall’.

Domestic abuse and homelessness (3): Council denies its obligations – Ombudsman’s report
On 5 June 2019 councillors at Oadby and Wigston Borough Council (Oadby) voted not to act on the recommendations in a report by the Local Government and Social Care Ombudsman that was critical of the way the council handled a homelessness application. The decision by nineteen councillors (with one abstention) fully supported the actions of its housing officers.

On 30 May 2019 the Ombudsman published a report of a case in which a woman who had been living in another council area approached Oadby for help to house herself and her children. Despite the woman having lived and worked in Oadby’s area, and telling officers she was at risk of domestic violence if she stayed in the other area, the council did not take a homelessness application from her. The family has since moved to privately rented accommodation.
The Ombudsman’s investigation found fault with the way Oadby and Wigston Borough Council dealt with the family, and its reasoning for not taking a homelessness application was flawed. The council insisted the blame lay with the other council and has not accepted it had any responsibility for the injustice caused to the family.

The Ombudsman found that the council should apologise to the woman and pay her £500 to recognise the injustice caused. The Ombudsman has recommended the council provide training to its housing staff to ensure they can identify when a homelessness application should be taken.

For the Ombudsman’s report, click here. For a press release by the council, click here.

Statutory homelessness in England
On 3 June 2019 the House of Commons Library published a briefing providing statistics on statutory homelessness in England and explaining local authorities' duties to assist homeless households. The paper includes an overview of, and comment on, Government policy in this area. The most recent statistical release covers the period between October and December 2018. For the briefing, click here. For the most recent statistics from MHCLG, click here.

Housing (Right to Buy) (Designated Rural Area and Designated Region) (England) Order 2019
This order, which comes into force on 10 July 2019, designates the parish of Abbotskerswell in the district of Teignbridge as a rural area under section 157(1)(c) of the Housing Act 1985 (the Act). The broad effect of the order is to enable a local authority or housing association which sells a dwelling house in a designated rural area under Part 5 of the Act (the right to buy) to impose a covenant requiring its consent to any further disposal unless that further disposal is an exempted disposal under section 160 of the Act. Under section 157(3) of the Act that consent cannot be withheld if the disposal is to a person who has throughout the preceding three years had either their principal home or place of work in a designated region in which the designated rural area falls. For the order, click here. For the Act, click here.

Gypsy, Roma and Traveller inequalities: new national strategy announced
On 6 June 2019 the Communities Minister Lord Bourne launched a national strategy “to tackle entrenched inequality and improve the lives of Gypsy, Roma and Traveller communities”. Lord Bourne said:

“Health, education and housing inequalities are considerable, and we know that that there are disproportionate levels of violence experienced by some women and girls within Gypsy, Roma and Traveller communities. To bridge these divides and tackle these vital issues, we are launching an ambitious programme of work, to be undertaken across government, which will aim to tackle the serious disparities faced by Gypsy, Roma and Traveller communities.”

For more details, click here.

Traveller caravan count: January 2019 – England
On 6 June 2019 the MHCLG published the latest count of traveller caravans in England as of January 2019. It reveals:

• At that date there were 22,662 traveller caravans. This is 284 fewer than January 2018.
• 6,590 caravans were on authorised socially rented sites, a decrease of 334 since the January 2018 count.
• There were 13,261 caravans on authorised privately funded sites, 223 more than a year before.
• There were 2,022 caravans on unauthorised encampments on land owned by travellers, a decrease of 157 compared to January 2018.
• There were 789caravans on unauthorised encampments on land not owned by travellers, 16 fewer than January 2018.
• Overall, the January 2019 count indicated that 88 per cent of traveller caravans in England were on authorised land and that 12 per cent were on unauthorised land.

For the full data, click here.

Letter to residents on developments in response to the Grenfell Tower fire
On 7 June the MHCLG published a letter to residents of Grenfell Tower and Grenfell Walk confirming the home ownership schemes for residents of Grenfell Tower and Grenfell Walk (Grenfell residents). These schemes have been specifically designed for Grenfell residents to ensure that those who would like to own their own home, have a route onto the housing ladder at a similar cost to before the tragedy. For the full text of the letter, click here.

Consultation on building a safe future
On 6 June 2019 the MHCLG published a summary of responses to the call for evidence as to good practice on how residents and landlords work together to keep their home and building safe. This call for evidence has helped inform policy options in the consultation on building a safe future: proposals for reform in the building safety regulatory system. For the summary of responses, click here. For the consultation, see Housing Law Consultations. For the CIH comment on the consultation, click here and for that of NHF, click here.

Renting and social mobility
On 6 June 2019 the Resolution Foundation published research highlighting that the national housing crisis is acting as an obstacle to renters moving and developing their careers. The report says that whilst moving from a low-earning part of the country to a high-earning area may increase income, a far greater share of the financial gain is consumed by rent today than was the case in 1997. This is not a problem only for individuals but for businesses too. Lower job mobility makes it harder for firms to fill skills gaps and recruit the staff they need, particularly in areas such as London, Bristol and Manchester where private rents are high. For more 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

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.

HOUSING LAW CONSULTATIONS

Consultation on a new Rent Standard from 2020
The Regulator of Social Housing is proposing to replace the existing 2015 Rent Standard with a new Rent Standard for registered providers of social housing from 1 April 2020. The proposed changes have come about as a result of the Secretary of State for Housing, Communities and Local Government issuing a Direction in February 2019 to the Regulator of the Social Housing to set a new Rent Standard. The new Standard will also have regard to the Rent Policy Statement published alongside the Direction. The consultation closes on 30 July 2019. For the consultation document, click here.

Support for victims of domestic abuse in safe accommodation
This paper seeks views on the government’s proposals for a new approach to support victims of domestic abuse and their children in accommodation-based services in England. It is consulting on a new delivery model for accommodation-based support. This includes the introduction of a statutory duty on local authorities to provide support that meets the diverse needs of victims of domestic abuse and their children, ensuring they have access to provision that is right for them.
Views are sought on:

• the definition of accommodation-based services and support
• leadership and responsibilities
• local and national accountability
• guidance.

The government would like to hear from victims and survivors, service providers, local authorities, police and crime commissioners and other public agencies, as well as other professionals who support victims and their children.

The consultation closes on 2 August 2019. For the consultation document, click here.

Building a safer future: proposals for reform of the building safety regulatory system
This consultation builds on the recommendations from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. It proposes fundamental reform of building safety requirements so that residents are safe, and feel safe, in their homes. The proposals span five broad areas:

• the scope of the new regime
• the concept of duty holders who have clear responsibilities throughout a building’s design, construction and occupation
• giving residents a stronger voice in the system and ensuring their concerns are never ignored
• plans for a new building safety regulator to provide oversight of the new building safety regulatory regime
• strengthened enforcement and sanctions to deter non-compliance with the new regime.

The Home Office, simultaneously with this document, has issued a call for evidence on the Regulatory Reform (Fire Safety Order) 2005. The consultation closes on 31 July 2019. For the consultation document, click here.

Inquiry into long-term delivery of social and affordable rented housing: Commons Select Committee
On 31 May 2019 the Commons Select Committee on Housing, Communities and Local Government announced a new inquiry into the effectiveness of the Government’s current strategies to boost social and affordable rented housing provision. This will include the adequacy of funding levels, as well as programmes and incentives for key stakeholders, such as local authorities and housing associations, to stimulate delivery. The Committee will also look at the challenges facing different areas of the country and consider what lessons can be learnt from successful schemes in other countries. The Committee invites written submissions to the inquiry by 12 July 2019, addressing the following terms of reference:

• How can the Government ensure the sustainable delivery of social and affordable rented housing to meet long-term need and contribute to the Government’s overall housebuilding targets?
• What levels of central government funding will be required to support this delivery over the next 10 years?
• How effective existing government incentives and programmes are and what further incentives should the Government provide to key stakeholders to stimulate delivery?
• Are supply subsidies the best way of supporting delivery, or should other approaches be considered?
• What should the role of (a) local authorities, as enablers and providers, (b) Homes England (c) housing associations and (d) other providers be in that long-term delivery?
• How does the Government ensure long-term provision (a) meets the needs of tenants and (b) is adequately regulated?
• How can the Government’s approach to delivery best meet the different needs of individual regions and area?
• What lessons can be learned from alternative approaches to social and affordable rented housing delivery in other countries and jurisdictions?

For more details of the inquiry, click here.

Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information
The Welsh Government is consulting on making two sets of regulations under paragraph 6 of Schedule 1, and paragraph 11 of Schedule 2, to the Renting Homes (Fees etc.) (Wales) Act 2019:

• To prescribe the description and the limits of payments in default which are to be regarded as permitted payments.
• To specify information a landlord (or their agent) should provide to a prospective tenant before a holding deposit is taken.

The consultation closes on 19 July 2019. For the consultation document and for methods of responding to it, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

1 June 2019 and the Private Rental Sector Giles Peaker Nearly Legal 1 June 2019 – to read the article, click here

Deposit penalties. How many breaches is too many? Giles Peaker Nearly Legal 3 June 2019 – to read the article, click here

Only Parliament can resolve problems caused by benefit cap Sam Lister CIH Blog 4 June 2019 – to read the article, click here

Why aren’t new homes fully accessible for older and disabled people? David Brindle The Guardian 6 June 2019 – to read the article, click here

Young people are no longer footloose and fancy free – and rent rises are to blame Lindsay Judge Resolution Foundation 6 June 2019 – to read the article, click here

How Grenfell survivors came together – and how Britain failed them Robert Booth The Guardian 11 June 2019 – to read the article, click here

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

HOUSING LAW DIARY

12 June 2019                                       
Westminster Hall debate on the subject of domestic abuse and homelessness (see Housing Law News and Policy Issues)

12 June 2019                                       
Supreme Court delivers judgment in Samuels v Birmingham City Council concerning whether the appellant was intentionally homeless

13 June 2019                                       
House of Commons debate on social housing (see Housing Law News and Policy Issues)

10 July 2019                                         
Housing (Right to Buy) (Designated Rural Area and Designated Region) (England) Order 2019 comes into force (see Housing Law News and Policy Issues)

12 July 2019                                         
Closing date for submission to the Commons HCLG Committee’s inquiry into long-term delivery of social and affordable rented housing (see Housing Law Consultations)

19 July 2019                                         
Closing date for submission to the Welsh Government’s consultation on Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information (see Housing Law Consultations)

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