HOUSING LAW NEWS & POLICY ISSUES

Cladding on high-rise buildings: Government announcement
On 9 May 2019 the MHCLG announced that around £200 million will be made available to fully fund the replacement of unsafe aluminium composite material (ACM) cladding on approximately 170 high-rise private residential properties where building owners have failed to do so. The latest figures show that 156 private buildings are yet to start works on removing and replacing ACM cladding, compared with 23 in the social sector. Building owners will have three months to access the new fund. The MHCLG will look carefully at those who fail to remediate and consider what further action can be taken.

For the announcement, click here. For the ministerial direction to fund the remediation of private sector buildings, click here. For the response of the Commons Committee on Housing, Communities and Local Government, click here.

Leasehold high-rise flats: who pays for fire safety work?
For a House of Commons Library research briefing paper concerning 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, updated to include information on the Government decision (reported above) to fund remediation work for affected blocks with ACM cladding in the social and private sectors, click here.

Domestic abuse: Government unveils new support for survivors
On 13 May 2019 the Prime Minister proposed a new approach to support victims of domestic abuse and their children in accommodation-based services in England. The Ministry of Justice launched a consultation 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. For details of the consultation, see Housing Law Consultations (below). For the announcement, click here.

Domestic abuse: Government response to Select Committee’s report published
On 9 May 2019 the House of Commons Home Affairs Committee published the Government response to the Committee's report on domestic abuse. The Government’s response addresses the Committee's individual recommendations. For the response, click here. For the Committee's report, click here.

Rough sleepers: £25 million funding announced
On 3 May 2019 the MHCLG announced that at least £25 million of funding will be allocated to over 100 areas across England, including 20 new rough sleeping centres. The funding will provide specialist support for the most vulnerable rough sleepers, including those with mental health or substance misuse issues. For the announcement, click here.

Universal Credit and claimants’ rent losses
On 7 May 2019 the Commons Work and Pensions Committee published correspondence between the Committee and the Secretary of State of Work and Pensions, local government and other housing bodies concerning the particular financial consequences, for UC claimants and social landlords, of the method by which DWP calculates Universal Credit payments and awards. The Committee Chair, Frank Field, commented:

“[I]t’s hard to escape the conclusion that people have been left short on rent simply because the DWP can’t count how many days are in a year. All this may seem absurd, but it reveals a very serious issue. The ongoing administrative failures of Universal Credit are biting into incomes already cut, frozen, sanctioned and capped to below basic living costs. DWP must do better.”
For the correspondence, click here.

Housing costs in Universal Credit
On 8 May 2019 the House of Commons Library published a research briefing paper explaining the key differences between assistance with housing costs under the Housing Benefit regime and under Universal Credit. The paper considers evidence of the impact of claiming housing costs under UC to date and the Government response. For the paper, click here.

Leaseholders’ right to manage: Law Society response to Law Commission consultation
On 1 May 2019 the Law Society published its response to the Law Commission’s consultation on 'Leasehold home ownership: exercising the right to manage'. The consultation closed on 30 April 2019 and the Law Commission is now considering all the responses. The Government asked the Law Commission to review the Right to Manage legislation and make provisional proposals to make it simpler, quicker and more accessible, particularly for leaseholders. The Law Society has broadly welcomed those proposals. For the Law Society’s response, click here. For the Law Commission’s proposals, click here.

Council charged for reviewing housing application decisions: Local Government Ombudsman’s report
On 9 May 2019 the Local Government and Social Care Ombudsman reported that it had uncovered “an unusual charging policy” during an investigation into a housing complaint about Maidstone Borough Council. A man, who has disabilities, complained to the Ombudsman that the council wanted to charge him £75 to appeal its decision about joining its housing register.

The man, a wheelchair user, told the council his current home was unsuitable for his needs and wanted to join the register to bid on an accessible property. The council considered medical evidence, but decided there was not enough to justify his request for an additional bedroom on medical grounds. When the man asked the council to review the decision, the council said there would be a £75 charge. The council’s policy stated that those wishing to challenge a medical assessment by way of a second assessment would be charged unless there was a significant change in the applicant’s medical condition. The council, however, had no power to make the charge, and in any event, this particular applicant did not seek to challenge the assessment but the council’s decision based on the assessment.

The Ombudsman’s investigation found fault with the way the council considered evidence, and also failed to follow its own policy by asking him to pay. The council agreed to apologise to the man and carry out a review of his application at no cost. The Ombudsman has also recommended the council pay the man £250 for the distress caused. For the full report, click here and on the opened page click on the download link in the top right corner.

Landlord possession statistics – England and Wales
On 9 May 2019 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from January to March 2019. Landlord possession claims (30,351) and orders for possession (23,694) decreased by 5 per cent and 1 per cent respectively, compared to the same quarter last year. Warrants of possession (15,782) also decreased (by 3 per cent). Repossessions by county court bailiffs (8,362) were down 5 per cent compared to the same quarter last year. For the statistics (combined with those for mortgage possession below), click here.

Mortgage possession statistics – England and Wales: substantial increases
On 9 May 2019 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from January to March 2019. Mortgage possession claims (6,157) and orders for possession (4,304) have both increased by 37 per cent and 42 per cent respectively compared to the same quarter last year. Repossessions (1,311) have increased by 11 per cent. For the statistics (combined with those for landlord possession above), click here.

Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019
These Regulations, which come into force on 1 June 2019, amend the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (the principal Regulations).
Regulation 2 substitutes a new Form No. 6A for the equivalent form prescribed in the principal Regulations. Amendments have been made to Form No. 6A to ensure the form reflects the restriction on terminating a tenancy under section 21 of the Housing Act 1988 made by section 17 of the Tenant Fees Act 2019. This applies where a landlord has breached section 1(1) of or Schedule 2 to that Act so long as all or part of the prohibited payment or holding deposit has not been repaid to the relevant person.

Amendments have been made to provide more detail on when a restriction on terminating a tenancy under section 21 of the Housing Act 1988 is made by section 75 of the Housing Act 2004 which relates to unlicensed Houses in Multiple Occupation. Amendments are also made in Form 6A to include information for tenants on the homelessness support services available to them should they be concerned they may be at risk of homelessness if the landlord regains possession of the property in which they live following service of notice by Form No. 6A.

For the 2019 Regulations, click here. For the principal Regulations, click here. For a copy of the Form No.6A, click here.

Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019
These Regulations, which come into force on 1 June 2019, revoke the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2016. They replace the list of educational establishments that appeared in the Schedule to those earlier Regulations. The effect is that such buildings are not HMOs for the purposes of the Housing Act 2004 (excluding Part 1). For the Regulations, click here.

Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2019
This Order, which comes into force on 1 June 2019, applies in relation to premises in England only. Article 2 of this Order approves two codes of practice laying down standards of conduct and practice to be followed with regard to the management of living accommodation comprised in buildings that fall within paragraph 4 of Schedule 14 to the Housing Act 2004. The Order also withdraws approval for certain specified codes of practice and revokes the Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2010. For specific details within the 2019 Order, click here.

Rogue landlord fined more than £20,000 for unlicensed premises
On 8 May 2019 Brent Council reported that a rogue landlord had been ordered to pay fines of £20,000 by Willesden Magistrates Court, including £15,000 for failure to license and £5,000 for failing to comply with fire safety regulations. She was also ordered to pay a further £4,678 in costs and a £170 victim surcharge. A two-storey, unlicensed House in Multiple Occupation came to Brent Council Housing Enforcement officers' attention following a tip-off from council tax officers that the landlord was trying to claim a single person's discount when in fact she was living in a home that she was renting out to seven other people. For full details, click here.

Enforcement of possession orders: RLA consultation response
On 10 May 2019 the Residential Landlords Association published its response to the Ministry of Justice’s consultation on ‘Enforcement of possession orders and alignment of procedures in the county court and high court’. It believes the current process is ‘unsatisfactory and confusing’ and should be changed to make it easier for landlords to use High Court Enforcement Officers to enforce possession orders. For details of the response, click here. For the response itself, click here.

Temporary accommodation: London Assembly report
On 10 May 2019 the London Assembly Housing Committee published the report ‘Living in Limbo: London’s temporary accommodation crisis’. It investigates the rise in demand for temporary accommodation, the reasons why, the impacts and the solutions Londoners need. Recommendations include:

• A focused temporary accommodation project should be set up in City Hall to seek out and support the development of solutions to the issue.
• The Government should provide adequate funding for the changes in advice, assistance and support that the introduction of Universal Credit was intended to bring through the Job Centre Plus service.
• The MHCLG and the Department of Work & Pensions should work more closely together to ensure that policies to reduce homelessness and improve housing security are not undermined by the implementation of welfare welfares.

For the report, click here. For the associated announcement, 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

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. The Bill was agreed by the Assembly on 27 March 2019. The 28-day period during which the Counsel General or the Attorney General may refer the Bill to the Supreme Court for a decision on its competence ended on 25 April 2019 and no such reference was made. The Bill awaits Royal Assent. For the Bill, as amended at Stage 3, associated information and to follow its progress, 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

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.

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.

HOUSING LAW ARTICLES & PUBLICATIONS

End of the road? Morayo Fagborun Bennett Local Government Lawyer 3 May 2019 – to read the article, click here

Song from under the floorboards Giles Peaker Nearly Legal 6 May 2019 – to read the article, click here.

Deposits – Better to give than to receive Giles Peaker/ William Ford Nearly Legal 6 May 2019 – to read the article, click here

Understanding Alcohol and Homelessness Matthew Kidd Homeless Link 7 May 2019 – to read the article, click here.

Troubles with TLAs – HMOs and EPCs Giles Peaker Nearly Legal 8 May 2019 – to read the article, click here.

Exploring the new guidance on greater protections from rogue landlords Jason Hobday Local Government Lawyer 10 May 2019 – to read the article, click here.

Avoiding adverse costs orders Robin Stewart Local Government Lawyer 10 May 2019 – to read the article, click here.

Section 21: What could the new repossession process look like? Sally Walmsley Residential Landlords Association 10 May 2019 – to read the article, click here

Housing repairs; update Catherine O’Donnell Legal Action May 2019 – to read the article (subscription required), click here

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

HOUSING LAW DIARY

15 May 2019                                        
The Supreme Court will deliver judgments in R (DA and others) v Secretary of State for Work and Pensions and R (DS and others) v Secretary of State for Work and Pensions (relating to aspects of the ‘benefit cap’)

16 May 2019                                        
End of consultation period for Tackling homelessness together (see Housing Law Consultations)

1 June 2019                                         
Tenant Fees Act 2019 comes into force

1 June 2019                                         
Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 come into force (see Housing Law News and Policy Issues)

1 June 2019                                         
Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019 comes into force (see Housing Law News and Policy Issues)

1 June 2019     
Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2019 comes into force (see Housing Law News and Policy Issues)

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