25th September 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Housing Bills before Parliament
As a consequence of the Supreme Court finding on 24 September 2019 that the prorogation of Parliament on 9 September was unlawful and is void, Parliament remains in session. Accordingly, those Bills before Parliament on 9 September have not failed, as had been supposed. For the current state of all housing-related Bills, see Housing Laws in the Pipeline. For the judgment, click here. For a summary, click here.

Right to Buy sales in England: April to June 2019
On 19 September 2019 the MHCLG published statistics on the number of sales of dwellings under the Right to Buy scheme in England between April and June 2019. In that quarter:

  • Local authorities sold an estimated 2,313 dwellings under the Right to Buy scheme (a decrease of 7 per cent from the 2,485 sold in the same quarter of 2018-19 and the lowest in 6 years).
  • Local authorities received £194.7 million from Right to Buy sales (7 per cent lower than the £209.5 million in the same quarter of 2018-19)
  • The average receipt per dwelling sold was £84,200 (similar to £84,300 in the same quarter of 2018-19).
  • There were 1,290 dwellings started on site or acquired (as part of Right to Buy replacement policy). This is 38 per cent higher than the number of dwellings started or acquired in the same quarter of 2018-19.

For the full statistics, click here. To review the figures organised by local authorities, click here and refer to tables 691,692 and 693.

No Homeless Veterans campaign
On 24 September 2019 the No Homeless Veterans campaign was launched. The Cobseo Housing Cluster, through co-chair Stoll, has been awarded funds from the Forces in Mind Trust to develop and deliver a campaign to help end veterans’ homelessness. Campaign leaders of the year-long project say that they will be increasing awareness within local authorities, as well as housing and advice agencies, of ex-Service personnel requesting housing support; and developing a more coordinated and collaborative approach throughout the housing and charitable sectors. For more information, click here. For the response of the Local Government Association, click here.

New projects to inspire social housing – Wales
On 24 September 2019 the Welsh Housing and Local Government Minister Julie James announced the provision of over £30 million for innovative housing in Wales, part of a £90 million fund to test new approaches to help develop social and affordable housing. For details of the projects to be funded, click here.
Dwelling stock estimates: 31 March 2019 – Wales
On 24 September 2019 the Welsh Government published an annual report which presents information about dwelling stock in Wales by tenure and local authority as at 31 March 2019. The figures show:

  • There were an estimated 1.43 million dwellings number of dwellings at 31 March 2019, an increase of 5 per cent over the last 10 years.
  • 70 per cent of dwellings were owner occupied, and this proportion has remained stable since 2012.
  • The number of privately rented dwellings has risen in the last decade and accounted for 15 per cent of all dwellings at 31 March 2019.
  • In 2019, the social sector accounted for 16 per cent of all dwellings, a proportion that has remained stable over the past ten years.
  • 10 per cent of all dwellings are owned by registered social landlords and 6 per cent by local authorities.

For the report, click here.

Families in unsuitable housing: NHF report
On 23 September 2019 the National Housing Federation published a ‘state of the nation’ report, prepared by Heriot-Watt University, on the housing crisis, which showed that more than eight million people in England – around one in seven – are living in an unaffordable, insecure or unsuitable home. According to the report, the crisis affects people of all generations and in all parts of the country. The NHF says that the country needs 340,000 new homes every year, including 145,000 social homes. The NHF, Shelter, Crisis, the Campaign to Protect Rural England and the Chartered Institute of Housing are calling on the Government to build these social homes by investing £12.8bn every year for the next decade. For the report, click here. For coverage in The Guardian, click here.

Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2019
These Regulations, which come into force on 14 October 2019, correct a defect in the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019 (the principal Regulations). The schedule to the principal Regulations listed a number of educational establishments exempted from the licensing regime set out in Part 2 of the Housing Act 2004. A number of educational establishments were omitted in error from that list. These amendment Regulations insert the omitted educational establishments and list two further educational establishments which have become eligible to be listed since the principal Regulations were made. For the amendment regulations, click here. For the principal Regulations, click here.

UK's first Domestic Abuse Commissioner announced
On 18 September 2019 the Home Secretary announced Nicole Jacobs as the designate Domestic Abuse Commissioner. Ms Jacobs was the former Chief Executive Officer at charity Standing Together Against Domestic Violence and has more than two decades of experience working to reduce domestic abuse. The role of Domestic Abuse Commissioner will lead on driving improvements on the response to domestic abuse in the UK, championing victims and making recommendations on what more should be done to better protect victims and bring more offenders to justice. For the announcement, click here.

Private housing rental prices: August 2019
On 18 September 2019 the Office for National Statistics published an index tracking the prices paid for renting property from private landlords in Great Britain during August 2019. The index shows:

  • Private rental prices paid by tenants in the UK rose by 1.3 per cent in the 12 months to August 2019, unchanged since May 2019.
  • In England, private rental prices grew by 1.3 per cent, Wales experienced growth of 1.2 per cent, while in Scotland private rental prices increased by 0.9 per cent in the 12 months to August 2019.
  • London private rental prices rose by 0.8 per cent in the 12 months to August 2019.

To access the index, click here.

Drug related harms among homeless people
On 19 September the MHCLG and the Department for Health and Social Care published its response to the Advisory Council on the Misuse of Drugs (ACMD) report on reducing drug related harms in homeless populations, and a letter from the Minister for Local Government and Homelessness to the ACMD. For the response, click here, and for the letter, click here.

Empty homes
On 22 September 2019 Action on Empty Homes published an annual report entitled Empty Homes in England. The report revealed that empty homes numbers rose significantly in 2018. The rise of 5.3 per cent, nearly 11,000 additional long-term empty homes, was double the rise in 2017. All regions experienced rising numbers of empties in 2018, except the North East which fell by 1 per cent, although the highest regional occurrence of empty homes is still in the North East where one in every 72 homes is long-term empty. Two-thirds of England’s local authorities saw numbers rise; in half of these the rise was over 10 per cent and in more than one in ten authorities the rise was 30 per cent or more. This has occurred in the context of the introduction from April 2019 of new higher council tax premiums for two-year empties with higher punitive premiums for five and ten year empties to follow in 2020 and 2021. For details of the report, click here.

HOUSING LAWS IN THE PIPELINE
 

Since the Supreme Court has held that the prorogation of Parliament on 9 September is void, Parliament remains in session and proceedings resumed on 25 September. This section sets out the current state of progress of each of the various housing-related bills.
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.

Freehold Properties (Management Charges) Bill
This Private Members' Bill, sponsored by Preet Kaur Gill, would require landlords to provide accounts of management charges payable under section 19 of the Leasehold Reform Act 1967 to freehold property owners. The Bill received its first reading in the House of Commons on 5 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Ground Rents (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Eddie Hughes, would regulate ground rents charged on leasehold properties; make provision for a cap on ground rents; and make property developers liable for the legal costs of leaseholders seeking to vary certain ground rent contracts. The Bill received its first reading in the House of Commons on 25 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

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HOUSING LAW CONSULTATIONS
 

Ending the Scandal: Labour’s new deal for leaseholders
The Labour Party has published plans to end leasehold ownership of houses and flats. It proposes five key changes:

  1. End the sale of new private leasehold houses with direct effect and the sale of private leasehold flats by the end of the party’s first term in Government.

  2. End ground rents for new leasehold homes, and cap ground rents for existing leaseholders at 0.1 per cent of the property value, up to a maximum of £250 a year.

  3. Set a simple formula for leaseholders to buy the freehold to their home, or commonhold in the case of a flat, capped at 1 per cent of the property value.

  4. Crack down on unfair fees and contract terms by publishing a reference list of reasonable charges, requiring transparency on service charges and giving leaseholders a right to challenge rip-off fees and conditions or poor performance from service companies.

  5. Give residents greater powers over the management of their homes, with new rights for flat owners to form residents associations and by simplifying the Right to Manage.
The document sets out a series of questions to which the party seeks responses by 30 September 2019. For the consultation document, click here.

A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants
On 15 April 2019, the government announced that it will put an end to so called ‘no-fault’ evictions by repealing section 21 of the Housing Act 1988. Under the new framework, a tenant cannot be evicted from their home without good reason. The government says that this will provide tenants with more stability, protecting them from having to make frequent moves at short notice, and enabling them to put down roots and plan for the future. The government also proposed to strengthen the section 8 eviction process, so landlords are able to regain their property should they wish to sell it or move into it themselves. This will provide a more secure legal framework and a more stable rental market for landlords to remain and invest in.

This consultation seeks views on how section 21 of the Housing Act 1988 has been used in the past, and the circumstances in which landlords should be able to regain possession once it has been abolished, including what changes may be necessary to the existing grounds for possession in Schedule 2 to the Housing Act 1988.

The government is also inviting views on the implications of removing the ability of landlords to grant assured shorthold tenancies in the future, how the processing of repossession orders through the courts could be improved, and whether the reforms should be extended to other types of landlords, most notably, to housing associations.

The consultation closes on 12 October 2019. For the consultation document, click here.

Rogue landlord database reform
​The database of rogue landlords and property agents was introduced in April 2018. The database is targeted at only the most serious and prolific criminals, who are convicted of the limited range of banning order offences. The database is currently an enforcement tool available to local authorities, except in certain circumstances where anonymised, aggregated data can be requested by the public.

In October 2018 the Prime Minister committed to opening up access to information on the database of rogue landlords and property agents to tenants. This consultation is seeking views on widening access to the database to allow tenants and prospective tenants access to the database. To ensure that the database is a useful tool for local authorities and tenants, we are also seeking views on expanding the scope of offences and infractions which could lead to entries on the database.

Annex A contains the current list of offences and infractions which lead to inclusion on the database. Annex B contains a list of proposed offences and infractions for inclusion on the database.

The consultation closes on 12 October 2019. For the consultation document and annexes, click here.

Homelessness Reduction Act 2017: call for evidence
The Government regards the Homelessness Reduction Act as a key lever for reducing homelessness and helping to halve rough sleeping by 2022 and ending it altogether. This call for evidence seeks to gather evidence on:

  • the impact the Act has had and the outcomes that are being achieved;
  • how has the Act changed the approach of local housing authorities and their partners to tackling homelessness and supporting those in need;
  • the experience of people approaching their local housing authority for help;
  • how the implementation of the Act has been resourced, including the level of new burdens funding to assist this; and
  • what elements of the Act and processes are working well, and which might need adjustment.

The consultation closes on 15 October 2019. For the consultation document, click here.

New national model for shared ownership
The government is reviewing a new national model for shared ownership to make it easier for people to buy more of their own home, including allowing them to buy in 1 per cent increments.

The MHCLG is seeking views on:

  • making it easier to increase the share a person owns: allowing owners to purchase shares in much smaller increments
  • making it easier to sell the home: by giving the owner more control over the sales process
  • making it easier to get a mortgage: by ensuring there is one preferred national model for shared ownership.

The consultation closes on 29 September 2019. For the consultation document, click here.

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 LAW ARTICLES & PUBLICATIONS
 

Gypsy and Traveller site allocation policy defended Adrian Davies Local Government Lawyer 20 September 2019 – to read the article, click here

HMRC propose to fine tenants for not paying their landlord’s tax Giles Peaker Nearly Legal 21 September 2019 – to read the article, click here

Harassment and hot water for leaseholders Giles Peaker Nearly Legal 22 September 2019 – to read the article, click here

Warrants of possession – fresh grounds and Equality Act defences Giles Peaker Nearly Legal 22 September 2019 – to read the article, click here

A critical safety net: the role of small and faith-based organisations in our communities Kate Alaway Homeless Link 23 September 2019 – to read the article, click here

More than eight million people don’t have a suitable home – we can, and must, fix this Kate Henderson – NHF Blog 23 September 2019 – to read the article, click here

Jake Humm's death fills me with anger and despair – thousands like him are at risk Caroline Lucas The Guardian 24 September 2019 – to read the article, click here

Homelessness is now part of all our lives. Here's what you can do to help Daniel Lavelle The Guardian 24 September 2019 – to read the article, click here

The homeless death of Jake Humm: 'It was my deepest, darkest fear' Simon Hattenstone and Daniel Lavelle The Guardian 24 September 2019 – to read the article, click here

The right housing in the right place – the councils investing in quality homes Emma Shepherd The Guardian 24 September 2019 – to read the article, click here

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

HOUSING LAW DIARY
 

29 September 2019                              
Closing date for submissions on the government’s consultation on a new national model for shared ownership (see Housing Law Consultations)

30 September 2019                              
Closing date for submissions to the Labour Party’s consultation on Labour’s new deal for leaseholders (see Housing Law Consultations)

12 October 2019                                   
Closing date for submissions on the government’s consultation on a new deal for renting (see Housing Law Consultations)

12 October 2019                                   
Closing date for submissions on the government’s consultation on rogue landlord database reform (see Housing Law Consultations)

14 October 2019                                  
Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2019 come into force

15 October 2019                                   
Closing date for submissions on the government’s consultation on the Homelessness Reduction Act 2017 (see Housing Law Consultations)

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Housing Allocations Officer
London Borough of Bromley
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Group Manager Housing Registration and Allocations
London Borough of Bromley
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Housing Customer Service Team Leader
Brighton & Hove City Council
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Specialist Advisor
Bristol City Council
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Intensive Housing Management Officer
Derventio Housing
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