HOUSING LAW NEWS & POLICY ISSUES

Empty homes rise by nearly 5 per cent in a year
On 11 March 2019 the MHCLG published a raft of statistics for dwelling stock (including vacant dwellings), organised by various categories: for example, tenure and district. Table 615, setting out vacant dwellings by local authority district in England, shows that on 1 October 2018 there were 634,453 empty dwellings. This is a rise of 28,562 (4.7 per cent) from the previous year. Long-term vacant properties (ie empty for more than six months) rose from 205,293 to 216,186 (5.3 per cent). For the full statistics, click here.

Protection of tenants’ and landlords’ funds held by property agents
On 7 March 2019 the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc) Regulations 2018, as amended (as to which, see the next news item), were signed and will come into force from 1 April 2019. Under the regulations all private rented property agents will have to sign up to a government-backed scheme protecting renters’ and landlords’ money. Failure to do so would leave an offender liable to a fine of up to £30,000. To date, five schemes have been approved: CM Protect, UKALA, NALS, ARLA Propertymark and Money Shield. Further schemes will be assessed before the commencement date.

In order to join a scheme, agents will need to have a client account and appropriate professional indemnity insurance, and schemes will expect agents to have good client money handling procedures in place. Individual schemes may have other specific requirements.

For the MHCLG announcement of the commencement of the regulations, click here. For the regulations themselves, click here. For the related Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018, click here. For Client Money Protection for letting and managing agents Guidance published by MHCLG on 12 March 2019 click here

Tenant Fees Act 2019 (Commencement No 2) Regulations 2019
These regulations, which come into force on 1 April 2019, commence sections 21(1), (3) and 23 of the Tenant Fees Act (the Act) on that date. Section 21(1) and (3) of the Act relates to enforcement of client money protection schemes for property agents and amends the Housing and Planning Act 2016 by adjusting the regime for enforcement of client money protection so that they are enforced by the local weights and measures authority. Section 23 of the Act relates to the requirement upon landlords to belong to a client money protection scheme. This section amends the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019, which also come into force on 1 April 2019: see above. For the commencement regulations, click here. For the Act, click here.

Homes (Fitness for Human Habitation) Act 2018: guidance
On 6 March 2019 the MHCLG published three separate guides to help, respectively, tenants, landlords and local authorities understand the Homes (Fitness for Human Habitation) Act 2018, which comes into force on 20 March 2019. For all three guides, click here. For the Act itself, click here.

Leasehold high-rise flats: who pays for fire safety work?
On 6 March 2019 the House of Commons Library published a briefing on the debate as to who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. For the briefing, click here.

Mortgage and Landlord Possession claims: October to December 2018
On 7 March 2019 the Ministry of Justice published Civil Justice quarterly statistics for England and Wales. In October to December 2018 there were 34,400 mortgage and landlord possession claims (down 3 per cent compared to the same quarter the previous year). More detailed figures are provided by the MoJ in Mortgage and Landlord Possession Statistics, which were last updated on 14 February 2019 (and summarised in Housing Law Week of 20 February 2019). For the Civil Justice statistics, click here. For HLW of 20 February 2019, click here.

Rent setting: social housing – England
On 11 March 2019 the House of Commons Library published a briefing paper explaining key policy developments in relation to setting social housing rent levels in England since 2002. It covers recent policy developments including the requirement on social landlords to reduce rents by 1 per cent in each year for four years from April 2016 and the rent setting policy which will apply from 2020. For the briefing, click here.

Women and homelessness: St Mungo’s launches new strategy
On 8 March 2019, International Women’s Day, St Mungo’s launched its new women’s strategy, outlining the charity’s commitment to improve its services for women and influence policy on women’s homelessness. The strategy covers support for women experiencing homelessness across all areas of St Mungo’s work, setting out the charity’s ambitions for the next three years, including:

• Offering women-only services and spaces as an option for all female clients, at every stage of their recovery
• Better supporting and equipping St Mungo’s staff to recognise and respond to violence and abuse
• Improving rough sleeping services so that they are even safer and more effective for women
• Working with specialist agencies to offer individual support to women around domestic and sexual abuse.

For the announcement of the new strategy, click here. For the strategy itself, click here.

Women and homelessness: Centrepoint runs programme for marginalised young women
On 8 March 2019 published details of its Understanding Girls Like You (U.G.L.Y Tribe) programme aimed at improving emotional health and wellbeing for marginalised young women. Centrepoint says that “[h]omeless young women, and those at risk of homelessness, are among the most disenfranchised and socially excluded members of society. With few positive role models, individuals can become trapped in a cycle of exclusion and despair. And without a stable wider network of family and friends, marginalised young women can often start to feel isolated.” The programme has been devised to tackle this. For more details, click here.

Women and homelessness: Homeless Link publishes scoping study
On 8 March 2019 Homeless Link published its year-long scoping study “exploring gendered approaches to supporting women who are homeless and facing multiple disadvantage. The research, commissioned in collaboration with the Women’s Resource Centre, looks at what services are seeing when supporting women who are homeless and facing multiple disadvantage and identifies promising practice already happening to support them.” For the scoping study, click here.

Right to rent: ministerial response to judicial review judgment
On 5 March 2019 Baroness Williams of Trafford, a Minister of State at the Home Office, gave a written statement to the House of Lords in response to the judgment in Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) – see Housing Law Week of 6 March 2019. In that case the High Court held that the UK Government’s Right to Rent policy is incompatible with human rights and in breach of the Equality Act 2010.

The minister’s statement said (in part):
“We disagree with this finding and the Home Office has been granted permission to appeal all aspects of the judgment.
“In the meantime, the provisions passed by this House in 2014 remain in force. There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct Right to Rent checks as required in legislation.
…
“[W]e are looking at options for a further evaluation of the operation of the Scheme. As part of this, we will look to develop further mechanisms to monitor the operation of the Scheme to provide ongoing assurance about its impact.”
For the full written statement, click here. For the judgment, click here. For HLW of 6 March 2019 (top news item), click here.

Build to rent – London
On 8 March 2019 London First, working with London councils and Turley, published a new report – Everything you need to know about build to rent in London – a guide from investment models to who lives in the city, an analysis of future numbers, and borough-by-borough examination of council planning policies covering build to rent.

The report says that London is increasingly a city of renters, with the percentage renting privately continuing to rise rapidly: 27 per cent of the capital’s population are now living in privately rented accommodation (compared to 21 per cent living in some form of affordable housing) and is expected to exceed 40 per cent by 2025.

For the report, click here.

Social housing vacancies, lettings and arrears – Wales
On 6 March 2019 the Welsh Government published an annual report including information on the number of housing units that were empty at 31 March 2018. It covers the number of housing units rented to tenants during 2017-18 and tenancies in rent arrears at 31 March 2018. The report states:

• Following decreases in the previous two years, 4,158 vacant social housing units at 31 March 2018 was an increase of 2 per cent on the previous year but continued to represent 1.8 per cent of all social housing stock.
• A third of all vacant social housing units (1,360 units) had been empty for more than six months at 31 March 2018. Less than half of vacant social housing was available for letting.
• The number of new lettings of social housing stock decreased by 9 per cent to 20,564. The majority of these (62 per cent) were via housing waiting lists. A further 22 per cent were via transfers and exchanges and 16 per cent were priority lettings to homeless households.
• At 31 March 2018, there were 71,839 tenancies in arrears, accounting for 32 per cent of all social housing tenancies. This was an increase of 1,387 tenancies (2 per cent) on the 70,452 tenancies in arrears at the end of March 2017.
• Around 2 per cent of tenancies had been in rent arrears for 13 weeks or more.

For the full statistics, 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 has been postponed until 15 March 2019. 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 postponed to 22 March 2019. 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 to 22 March 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Gypsy and Traveller Communities (Housing, Planning and Education) Bill
This Private Members' Bill, sponsored by Andrew Selous, seeks to make provision about periodical local authority reviews of the housing needs of Gypsy and Traveller communities; to make provision for the conversion of caravan sites into settled accommodation; to require local authorities to provide temporary caravan stopping sites where there is a demonstrated need; to create a criminal offence of unauthorised encampment; to make provision about the education of Gypsy and Traveller children; and to require schools to have regard to Gypsy and Traveller culture and heritage in teaching. The bill received its first reading on 13 November 2018. Its second reading has been further postponed until 15 March 2019. 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. Stage 3 commenced on 30 November 2018. Stage 3 consideration will take place in Plenary on 19 March 2019 to consider amendments to the Bill (as amended at Stage 2).  For the Bill, as amended at Stage 2, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

Making it easier for leaseholders to manage their properties: Law Commission
The Law Commission has released a consultation paper comprising proposals designed to make it quicker and easier for leaseholders to take control of the day-to-day management of their building. The proposals include:

• Extending the qualifying criteria so that leasehold houses, not just flats, qualify for the ‘right to manage’ (RTM) which gives the homeowners, rather than their landlord, responsibility for management functions relating to services, repairs, maintenance and insurance.
• Permitting multi-block RTM on estates, and removing the 25 per cent commercial space restriction.
• Reducing the number of notices that leaseholders must serve as part of the claim process.
• Introducing deadlines for procedures and exchanges of information between the landlord and RTM company, so that the process doesn’t stall.
• Exploring options for a more balanced costs regime.
• Giving the tribunal exclusive jurisdiction over RTM disputes so it can resolve disputes quickly, and waive minor procedural mistakes made in the process of claiming the RTM.

The consultation will be open until 30 April 2019. For the consultation document, click here. For a summary, click here. For a ‘Key Facts’ document, click here.

Enforcement of possession orders and alignment of procedures in the county court and high court
The Civil Procedure Rules (CPR), made by the Civil Procedure Rule Committee (CPRC), govern civil court processes including enforcement of court orders, and thus of orders for possession. The CPRC is concerned that the Rules regarding enforcement of possession orders ought to be reformed but wishes to obtain views from actual and potential court users, and those potentially affected, before determining what (if any) changes to make in the existing rules and system. The proposals in this consultation are intended to improve the process of enforcement of possession orders in order to bring it up to date with a modern justice system that is open and transparent and in tune with the needs of both the claimant and defendant and others affected.

The consultation closes on 2 May 2019. For more details and to complete the online survey, click here.

Tackling homelessness together
This consultation seeks views on how the government could improve local accountability for the delivery of homelessness services. The MHCLG is seeking views on:

• the effectiveness of existing non-statutory and statutory local accountability and partnership structures in homelessness services
• whether the government should introduce Homelessness Reduction Boards and, if so, how this could be done most effectively
• how else the government might improve local accountability and partnership working in homelessness services.

The consultation closes on 16 May 2019. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

International Women’s Day: we must see an end to women in housing poverty Steph Kleynhans, Shelter blog 8 March 2019 – to read the item click here

Number of empty homes in England rises to more than 216,000 Julia Kollewe, The Guardian 11 March 2019 – to read the article click here

There is a way to address the vile indignities heaped on homeless people Shaista Aziz, The Guardian 11 March 2019 – to read the article click here

Homeless Link responds to Channel 4 report on homeless deaths Helen Harrison, homeless link, 11 March 2019 - to read the item click here

Country’s largest housing association reveals £20m fire safety spend Jack Simpson, Inside Housing 12 March 2019 - to read the article click here

HOUSING LAW DIARY

15 March 2019                                       
Postponed second reading of Gypsy and Traveller Communities (Housing, Planning and Education) Bill (see Housing Laws in the Pipeline)

15 March 2019                                       
Postponed second reading of Creditworthiness Assessment Bill (see Housing Laws in the Pipeline)

19 March 2019                                     
Stage 3 consideration in Plenary of Renting Homes (Fees etc.) (Wales) Bill and of the amendments made at Stage 2 (see Housing Laws in the Pipeline)

20 March 2019                                     
Homes (Fitness for Human Habitation) Act 2018 comes into force (see Housing Law News and Policy Issues as to guidance in respect of the Act)

22 March 2019                                     
Postponed second reading of Homelessness (End of Life Care) Bill (see Housing Laws in the Pipeline)

22 March 2019                                     
Postponed second reading of Freehold Properties (Management Charges and Shared Facilities) Bill (see Housing Laws in the Pipeline)

29 March 2019                                     
Closing date for applications for Rapid Rehousing Pathway funding

1 April 2019                                     
Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2018 come into force (see Housing Law News and Policy Issues)

1 April 2019                                     
Sections 21(1) and (3), and 23 of the Tenant Fees Act 2019 come into force (see Housing Law News and Policy Issues)

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RECRUITMENT

Featured Job of the Week

Affordable Homes Officer

Salary £25,463 - £27358 (Pay Award Pending)

We are looking to appoint an Affordable Homes Officer (AHO) to join our Housing
Advisory Service.

The ideal candidate will have experience of working on affordable housing projects in a local authority or housing association setting and be able to apply their extensive knowledge of housing, development and planning issues to provide a high standard of written and verbal advice to colleagues in the Council’s Planning and Legal departments and to members of the public.

Post No: CHCS02009 Closing date: 12 noon, Friday 22nd March 2019

For further details/to apply click here

North West Leicestershire District Council
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Brighton & Hove City Council
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(Fixed term for up to 6 months)
Islington Council
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