13th November 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Starter Homes – National Audit Office investigation
On 5 November 2019 the National Audit Office published a report on the status of Starter Homes policy and legislation; and the impact of the MHCLG’s investment in Starter Homes. The report found that:

  • No Starter Homes have been built to date.
  • The funding originally intended for Starter Homes has instead been spent on acquiring and preparing brownfield sites for housing more generally, some of which is affordable housing.
  • The relevant sections of the Housing and Planning Act 2016 (the statutory framework for Starter Homes) have not yet come into force.
  • The MHCLG no longer has a budget dedicated to the delivery of Starter Homes.

For the report, click here. For a summary, click here.

Housing costs: Resolution Foundation report
On 9 November 2019 the Resolution Foundation published a report – Inequality Street – which found that higher housing costs have reduced incomes and increased inequality as the poorest families have borne the brunt of Britain’s 40-year housing crisis. The research notes that public concern about housing has grown in recent years, with approaching one-in-five adults now believing it to be one of the most important issues facing Britain, up from one-in-twenty in 2001. The Foundation says that it is vital that the parties’ elections manifestos recognise the importance of tackling the housing crisis. For the report, click here.

General election campaign: homelessness charities
On 11 November 2019 six homelessness charities launched a campaign calling on the next government to put in place a plan that commits to:

  • Improving access to truly affordable housing
  • Strengthening support through the welfare system
  • Providing long-term, guaranteed funding for services which prevent homelessness and quickly get people off the street and into a stable home. 

The charities participating in the #EndHomelessness campaign are: Crisis, Centrepoint, Depaul UK, Homeless Link, St Mungo’s and Shelter. For more details, click here.

General election campaign: NHF
On 11 November 2019 the National Housing Federation released a video in which Chief Executive Kate Henderson launched the organisation’s General Election campaign under the hashtag #FixTheHousingCrisis. In it she highlighted the week of action commencing on 25 November. To view the video, click here.

Service charges
On 4 November 2019 the Upper Tribunal (Lands Chamber) held in London Borough Of Southwark v Royce & Anor (LANDLORD AND TENANT - RESIDENTIAL - SERVICE CHARGES) [2019] UKUT 331 that the London Borough of Southwark cannot impose service charges on leaseholders on an estate where the heating system pipework has been renovated. For the judgment, click here. For a report in Local Government Lawyer, click here.

Children’s services
On 5 November 2019 the Local Government Association published the results of a poll of children's services lead councillors which found that there had been a 53 per cent increase in children on protection plans. More than 80 per cent said problems such as domestic violence, substance misuse and offending were behind the rise in their area, while 70 per cent said that poverty, poor housing and debt played a part. For more details, click here.

Redbridge rogue landlord fined for unlicensed HMO
On 6 November 2019 the London Borough of Redbridge reported that a rogue landlord had been fined £5,770 (including costs and a victim surcharge) for letting a property in the borough as a house in multiple occupation without a licence. The property was found to pose a major health and safety risk by having virtually no fire safety measures, such as smoke alarms or fire blankets in the kitchen, to protect tenants. The landlord received fines of £3,860 and ordered to pay costs of £1,790. A victim surcharge of £120 was also imposed. For the report, click here.

Private rented sector code of practice for landlords and agents – Wales
On 11 November 2019 the Welsh Government published a summary of responses to its consultation on the code of practice for landlords and agents in relation to the provisions introduced in Part 1 of the Housing (Wales) Act 2014. Part 1 covers the regulation of private rented housing and introduces a mandatory registration scheme for all landlords and a requirement for landlords and agents to be licensed where they undertake letting and property management activities. For the response document, click here. For the consultation document, click here.

Renting Homes (Fees etc) (Wales) Act 2019: default fees and prescribed information
On 11 November 2019 the Welsh Government published a summary of responses to its consultation on the proposal to make 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. The regulations would prescribe (i) the description and the limits of payments in default which are to be regarded as permitted payments and (ii) what information a landlord (or agent) must provide to a prospective tenant before they take a holding deposit. For the response document, click here. For the consultation document, click here.

Private rented sector – Wales
On 5 November 2019 Julie James, the Welsh Minister for Housing and Local Government, announced a trial scheme which will use the private rented sector to increase the stock available to local authorities, when discharging their housing duties under Part 2 of the Housing (Wales) Act 2014, by offering tenants access to good-quality housing at affordable rents with an appropriate level of support. The Welsh Government will appoint three local authorities to operate the trial scheme, and these will be selected “on the basis of a series of qualitative and quantitative measures”. For the Minister’s statement, click here.

Rent to Own – Wales
On 6 November 2019 the Welsh Government published updated guidance containing information for those looking to apply for the Rent to Own – Wales scheme.  It includes details about how the scheme works; eligibility; how to apply; and terms and conditions. For the guidance, 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.

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HOUSING LAW CONSULTATIONS
 

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.

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
 

Upper Tribunal roundup (The Very Late Summer 2019 edition) Giles Peaker Nearly Legal 5 November 2019 – to read the article, click here

Unoccupied properties and immunity from enforcement action Charles Streeten Local Government Lawyer 8 November 2019 – to read the article, click here

Assorted – Licensing and prior offences, RROs and section 8 Notices Giles Peaker Nearly Legal 10 November 2019 – to read the article, click here

We are failing children in care – and they are dying on our streets Louise Tickle The Guardian 11 November 2019 – to read the article, click here

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

Gypsy and Traveller Update Chris Johnson, Dr Angus Murdoch and Marc Willers QC Legal Action November 2019 – to read the article (subscription required), click here

HOUSING LAW DIARY
 

13 November 2019                               
Supreme Court delivers judgment in RR (AP) v Secretary of State for Work and Pensions, a case concerning entitlement to housing benefit of appellant and her severely disabled partner

28 November 2019                               
Closing date for submissions to the consultation on sprinklers and other fire safety measures in new high-rise blocks of flats (see Housing Law Consultations)

29 November 2019                               
Closing date for submissions to the Welsh Government’s consultation on draft Housing Support Grant practice guidance (see Housing Law Consultations)

13 December 2019                               
Opening of Parliament

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