HOUSING LAW NEWS & POLICY ISSUES

Improving the private rented sector: Local Government Association
On 30 July and 3 August 2020 the Local Government Association released three publications produced by the Housing Quality Network (HQN) for the LGA. Overall, they form a good practice guide to helping councils to improve the health and well-being of tenants in the private rented sector. Although the publications can be used separately, they are intended to form a single comprehensive guide. Each of the publications centres, principally, on (i) the strategic role of councils, (ii) consumer regulation, (iii) enforcement and (iv) emerging issues. For the main report, click here. For a toolkit, click here. For a series of case studies, click here.

Rough sleepers
On 30 July 2020, in a joint letter to Luke Hall, the Minister for Rough Sleeping and Housing, the Chartered Institute of Housing and National Housing Federation expressed concern about a serious obstacle in helping current and former rough sleepers to obtain longer-term housing and support. This occurs in cases where people are not entitled to housing and benefits and are therefore unable to pay for move-on accommodation. The organisations called on the Government to restore access to housing and benefits on a permanent basis, regardless of immigration status, to build on the excellent work already done to end rough sleeping during the pandemic. For the letter, click here.

Housing Ombudsman: Covid-19 impact on complaints
On 29 July 2020 the Housing Ombudsman Service published its third Insight report looking at complaints data and case studies from April to June 2020, and showing the impact of the Covid-19 lockdown on the volume and nature of complaints received. Key findings are:

• The overall number of enquiries and complaints received between April and June at 2,212 was a reduction of 41 per cent compared to the same period in 2019.
• Call volumes in June were 10 per cent higher compared to 2019 and 33 per cent above 2018 levels.
• A greater proportion of enquirers were signposted to Shelter and Citizens Advice than usual with call handlers reporting more calls about rent arrears, Universal Credit and private renting.
• Complaints about tenant behaviour over this period increased to 21 per cent of the total, compared to 12 per cent in 2019, while repairs complaints, although still the largest category, reduced from 32 per cent in 2019 to 27 per cent in 2020.

For the report, click here.

Help to Buy scheme extended
On 31 July 2020 the MHCLG announced that the deadline by which homes have to be finished in order to comply with the Help to Buy equity loan scheme has been extended from 31 December 2020 until 28 February 2021. The extension has been made because of delays in construction due to the coronavirus pandemic. The deadline for legal completion of the sale remains 31 March 2021. For the announcement, click here.

Judicial review
On 31 July 2020 the Ministry of justice announced that an independent panel of experts, under the chairmanship of Lord Faulks QC, will examine whether there is a need to reform the judicial review process. The review will consider:

• Whether the terms of judicial review should be written into law;
• Whether certain executive decisions should be decided on by judges;
• Which grounds and remedies should be available in claims brought against the government; and
• Any further procedural reforms to judicial review, such as timings and the appeal process.

The panel will report back later this year. For the announcement, click here. For the terms of reference for the Independent Review of Administrative Law, click here.

Building Safety Fund
On 31 July 2020 the MHCLG published guidance for applications to the Building Safety Fund, together with supporting documents including social sector grants (leaseholder costs) guidance, State Aid Guidance and Declaration, Grant Claim Form for Registered Providers of Social Housing, and Vendor form SAP7B. For the documents, click here.

Asylum accommodation and Covid-19
On 28 July 2020 the Commons Home Affairs Select Committee published a report on Home Office preparedness for Covid-19 (Coronavirus): institutional accommodation which found that individuals in asylum accommodation remain at heightened risk of contracting Covid-19 without stronger action from accommodation providers and the Home Office. The Committee warns that the continued use of shared rooms in asylum accommodation makes it extremely difficult for people to social distance and calls for an end to this practice before a second major outbreak of Covid-19. For the full report, click here. For a summary, click here. For the report’s conclusions and recommendations, click here. For the press release announcing publication of the report, click here.

No Recourse to Public Funds
On 30 July 2020 the Home Office published an information release which revealed that between April and June 2020, 5,665 applications were made to have the 'no recourse to public funding' restriction lifted on the basis of a 'change of conditions' in the applicants' financial circumstances. Figures for the quarter show an increase of 572 per cent in applications during the Covid-19 lockdown. In the previous quarter there had been 843 applications. This increase was particularly marked in the latter part of April and early May, peaking at 1,292 applications in the week ending 3 May 2020 although numbers have fallen in subsequent weeks and by the end of June the four-weekly average was around 380. For the figures, click here. For the response of The Children’s Society, click here.

Judicial appointments
On 31 July 2020 the Government announced several appointments to the senior judiciary, including the appointment of: Sir Geoffrey Vos as Master of the Rolls from 11 January 2021 following the retirement of Sir Terence Etherton – for the announcement, click here; eight new Lord and Lady Justices of Appeal in order to fill forthcoming vacancies in the Court of Appeal arising from autumn 2020 – for the announcement, click here; and Sir Keith John Lindblom as the Senior President of Tribunals from 19 September 2020 following the retirement of Sir Ernest Ryder – for the announcement, click here.

Local Government and Social Care Ombudsman’s Annual Review
On 29 July 2020 the Local Government and Social Care Ombudsman published its Annual Review of Local Government Complaints. The review states that the Ombudsman has made more than 1,600 recommendations to improve services for the wider public – up 12 per cent on the previous year. In respect of housing, the Ombudsman made 413 detailed investigations of which 66 per cent were upheld. For the review, click here. For an article on the Ombudsman’s website concerning the review, click here.

Emergency response of Department for Work and Pensions to Covid-19
On 28 July 2020 the Department for Work and Pensions published the Secretary of State’s response, dated 8 July 2020, to the Social Security Advisory Committee’s observations and recommendations on the department’s emergency response to Covid-19. For the Secretary of State’s letter, click here. For the Committee’s letter, click here.

Universal Credit, Council Tax Reduction scheme and rent arrears in Wales
On 29 July 2020 the Welsh Government published the final report on the impact of Universal Credit on the Council Tax Reduction Scheme, council tax reduction awards, council tax arrears and rent arrears in Wales. The report provides evidence that the move to Universal Credit is having an impact on household resilience and debt levels of low-income residents in Wales. There is evidence of lower council tax reduction awards, higher council tax arrears, and higher rent arrears, as households move to Universal Credit. There is also evidence that all forms of arrears could accumulate once households have moved to Universal Credit. Aspects of Universal Credit, such as the five-week wait, monthly payments and levels of support, risk causing financial difficulty and debt for some claimants. However, a minority of participating households preferred the control of their claim offered by Universal Credit. For the report, click here. For a written statement on the report by Rebecca Evans, Minister for Finance and Trefnydd, click here.

Regulator of Social Housing: equality objectives
On 31 July 2020 the Regulator of Social Housing published a decision statement containing the final outcome of the consultation into the adoption of a set of equality objectives. It shows the changes made as a result of the consultation; a ‘clean’ version of the finalised equality objectives is set out in appendix 2. To access the document, click here.

Leasehold covenants and corporate governance
On 29 July 2020 the Court of Appeal handed down judgment in Houldsworth Village Management Co Ltd v Barton [2020] EWCA Civ 980, a case concerning the correct approach to requests made under s.116 Companies Act 2006 to lessee-owned property management companies by members of such companies. The respondent, a member of the appellant company and a lessee of a flat managed by the company, requested to inspect the current register of members so that he could seek to persuade other members to support the removal of the directors and the managing agents. The appellant rejected the request on the ground that the request was not made for a ‘proper purpose’ because the appellant was, in relation to the managing agents, attempting to further his rights as leaseholder rather than as a shareholder. The Court of Appeal held that, whilst the respondent’s rights as a leaseholder and as a shareholder were distinct, it was impossible to draw a sharp dividing line between the covenants under the lease and the affairs of the company. The respondent’s request was not, therefore, improper. For the judgment, click here. For an article about the judgment by Alice Richardson of Trinity Chambers, click here.

‘No DSS’ policies
On 2 August 2020 The Observer reported that “hundreds of private renters in England in receipt of benefits are still struggling to secure accommodation despite a landmark ruling saying that landlords are not allowed to discriminate against this group.” Polly Neate, the chief executive of Shelter, which brought the case before District Judge Mark sitting in York County Court, said: “Hundreds of people have since contacted our services with similar stories and we are still hearing of letting agents and private landlords ignoring the judgment.” For the article, click here.

HOUSING LAWS IN THE PIPELINE

Fire Safety Bill
This Government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill received its first reading in the House of Commons on 19 March 2020 and its second reading on 29 April 2020. For the second reading debate, click here.  The Public Bill Committee completed its scrutiny of the bill and reported the bill without amendments to the House on 25 June 2020. The bill is now due to have its report stage and third reading on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

Domestic Properties (Minimum Energy Performance) Bill
This private member’s bill, sponsored by Sir David Amess, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to give the Secretary of State powers to require persons to take action in pursuance of that duty. The first reading was on 14 July 2020 and the second reading will take place on 11 September 2020. The bill is being prepared for publication. To follow progress of the bill, click here.

Rented Homes Bill
This private member’s bill, sponsored by Baroness Grender, would amend the Housing Act 1988 to abolish assured shorthold tenancies; and to extend the grounds upon which landlords of residential housing may recover possession. First reading took place on 22 January 2020. The second reading will be on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Telecommunications Infrastructure (Leasehold Property) Bill
This Government bill would amend the electronic communications code set out in Schedule 3A to the Communications Act 2003; by doing so, it would address one stated policy barrier: making it easier for telecoms companies to access multi-dwelling buildings (such as blocks of flats) where a tenant has requested a new connection, but the landlord has not responded to requests for access rights. The bill received its first reading in the House of Commons on 8 January 2020 and its second reading on 22 January 2020. For the second reading debate, click here. The committee stage was completed on 11 February 2020. For the committee debate, click here. The third reading in the House of Commons was on 10 March 2020; for the debate, click here. First reading in the House of Lords was on 11 March 2020. The second reading was on 22 April 2020. The committee stage was completed on 2 June 2020 and the report stage on 29 June 2020. The third reading will be on a date to be announced. For the bill, as introduced in the House of Lords, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library after second reading in the House of Commons, click here.

Renting Homes (Amendment) (Wales) Bill
This Welsh Government bill seeks to amend the Renting Homes (Wales) Act 2016 to provide greater security for people who rent their homes in Wales. This will particularly affect those who live in the private rented sector and occupy their homes under a ‘standard occupation contract’, the equivalent to the current assured shorthold tenancy, after the 2016 Act comes into force. This additional security will primarily be achieved by extending the minimum notice period for issuing a section 173 notice under the 2016 Act (the equivalent of the current section 21 notice under the Housing Act 1988) from two months to six months. Landlords will also be prevented from issuing such a notice until at least six months from the date of occupancy. Further provisions will also ensure that landlords are unable to issue rolling ‘speculative’ notices on a ‘just in case’ basis. The bill was introduced in the Senedd on 10 February 2020. The Equality, Local Government and Communities Committee considered the bill on various dates up to 12 March 2020. The Legislation, Justice and Constitution Committee and the Finance Committee are due to consider the Bill on dates to be appointed. On 1 April 2020 the First Minister issued a statement on the Welsh Government’s approach to legislation in light of COVID-19 in which he confirmed that this bill was not one of the Welsh Government’s current priorities and that the legislative programme remains under continual review. For the bill, as introduced, all other documents relating to it, and to follow progress on the  bill, click here.

Caravan Sites Bill
This private members’ bill, sponsored by Sir Christopher Chope, would amend the Caravan Sites and Control of Development Act 1960 to remove planning permission requirements for caravan site licence applicants. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been brought forward to 23 October 2020. To follow progress of the bill, click here.

Evictions (Universal Credit Claimants) Bill
This private members’ bill, sponsored by Chris Stephens, seeks to place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to 29 January 2021. To follow progress of the bill, click here.

Homeless People (Current Accounts) Bill
This private members’ bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been postponed to 5 March 2021. To follow progress of the bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend the Mobile Homes Act 1983. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to 23 October 2020. To follow progress of the bill, click here.

Mobile Homes and Park Homes Bill
This private members’ bill, sponsored by Sir Christopher Chope, would require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; make provision in relation to the residential status of such homes; and amend the Mobile Home Acts. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to 15 January 2021. To follow progress of the bill, click here.

Housing Act 2004 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend Part 3 of the Housing Act 2004 to provide that any selective licensing scheme for residential accommodation extends to social housing. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been further postponed to 15 January 2021. To follow progress of the bill, click here.

Sublet Property (Offences) Bill
This private members’ bill, sponsored by Sir Christopher Chope, would make the breach of certain rules relating to sub-letting rented accommodation a criminal offence and would make provision for criminal sanctions in respect of unauthorised sub-letting. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been further postponed to 13 November 2020. To follow progress of the bill, click here.

Vagrancy (Repeal) Bill
This private members’ bill, sponsored by Layla Moran, would repeal the Vagrancy Act 1824. It received its first reading in the House of Commons on 18 March 2020. The second reading has been further postponed to 23 October 2020. For the bill as introduced, click here. To follow progress of the bill, click here.

NEW HOUSING CASES

R (Kuznetsov) v the London Borough of Camden [2019] EWHC 3910 (Admin)
Mostyn J considered an application by the claimant for reconsideration of a costs decision made on the papers following an unsuccessful claim for judicial review.

Background
The claimant had sought judicial review of decisions taken by the defendant, the London Borough of Camden, that he did not qualify for the allocation of housing under Part 6 of the Housing Act 1996.

He was given permission to proceed with his application for judicial review on one ground at an oral hearing.

Judgment was reserved after the substantive hearing and a draft was subsequently circulated to the parties. The claim was dismissed.

The defendant had served a costs schedule prior to the substantive hearing but no submissions were made on costs by the claimant following judgment hand down. The judge awarded the defendant its costs as claimed, in the sum of £11,614.20.

The claimant applied to set aside that order which was refused on the papers. The claimant sought an oral reconsideration of that decision.

The test
Rule 3.3(5) of the Civil Procedure Rules provides that where the court makes an order of its own initiative without hearing the parties or giving them an opportunity to make representations a party affected by the order may apply to have it set aside, varied or stayed.

Mostyn J noted that there appeared to be no authority on the correct test under CPR r.3.3(5). He concluded that the right approach was for the court to give due weight to the decision of the judge who dealt with the matter without a hearing and to identify a good reason for disagreeing with his or her decision.

The issue
The issue for the court was whether the solicitor’s hourly rate as claimed breached the indemnity principle.

The defendant claimed £317 per hour in accordance with the suggested rates from the Supreme Court costs office. However, the defendant had obtained information from a FOI request and discovered that the maximum hourly rate paid to an in-house lawyer of the London Borough of Camden was £41.75.

The judgment
The conventional method appropriate to taxing the bill of a solicitor in private practice is also appropriate for the bill of an in-house solicitor in all but special cases where it is reasonably plain that that method will infringe the indemnity principle:  Re Eastwood (deceased) [1975] Ch, 112; Cole v British Telecoms PLC [2002] Costs LR, 310.

This was not a special case allowing an exception to the general rule. The £317 claimed encompassed more than just the payroll costs. It extended to a contribution to the infrastructural costs of the borough itself including the costs of maintaining equipment, utilities, other office costs and the capital costs of the building.

The application was dismissed. The defendant’s costs of the hearing were not allowed as it had not filed Form N260 in accordance with PD44.

Summary by Alice Richardson, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS

Draft Code of Practice: RICS and TPO's Regulation of Property Agents
In December 2019 the RoPA Code Steering Group was set up for the purpose of developing an overarching code of conduct for Property Agents, following on from the recommendations made by Lord Best in the ‘Regulation of Property Agents Working Group, Final Report, July 2019’. The Steering Group have produced a new overarching draft code to the standards envisaged by the RoPA Working Group. Comment is invited on this draft overarching code. The consultation is open until 4 September 2020. For further information and to comment on the draft, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

#EveryoneInForGood – researching the impact on people sleeping rough John Harrison Homeless Link 27 July 2020 – to read the article, click here

'We are the A&E of law': the first UK law centre for poor people turns 50 Owen Bowcott The Guardian 28 July 2020 – to read the article, click here

The End is in Sight – but what then? Jane Talbot Local Government Lawyer 29 July 2020 – to read the article, click here

Draft Building Safety Bill Published Jonathan Turner and Louise Robling Local Government Lawyer 29 July 2020 – to read the article, click here

Access all areas: facilities rights are a big deal Roy Pinnock and Amy Carter Local Government Lawyer 29 July 2020 – to read the article, click here

Stock Transfer RPs and the use of mandatory ground 7A Yetunde Dania Local Government Lawyer 29 July 2020 – to read the article, click here

Renegotiating LSVT sharing agreements Rob Beiley Local Government Lawyer 29 July 2020 – to read the article, click here

Helping Registered Providers raise funds quickly and efficiently in challenging times David Moore, Louise Leaver and Deborah Rowntree Local Government Lawyer 29 July 2020 – to read the article, click here

Two easy ways to avoid being taken to court Helena McAleer Shelter Blog 29 July 2020 – to read the article, click here

Wholesale reform for residential leaseholders William Bethune Local Government Lawyer 29 July 2020 – to read the article, click here

Upper Tribunal revisits "What is an HMO?" Christopher Hoskins Local Government Lawyer 29 July 2020 – to read the article, click here

Housing case law update: July 2020 Paul Lloyd, Sarah Christy and Catherine Craven Local Government Lawyer 29 July 2020 – to read the article, click here

Leasehold Covenants & Corporate Governance: Houldsworth Village Management Co Ltd v Barton Alice Richardson Trinity Chambers 30 July 2020 – to read the article, click here

Landlord licensing in Wales Justin Bates and Kimberley Ziya Local Government Lawyer 29 July 2020 – to read the article, click here

It’s time for a better future – it’s time to build social housing Shaan Bhangal Shelter Blog 30 July 2020 – to read the article, click here

The Draft Building Safety Bill Devonshires briefing note 30 July 2020 – to read the article, click here
Will the Green Homes Grant leave renters out in the cold? Dan Wilson Craw Generation Rent 30 July 2020 – to read the article, click here

Extending help-to-buy will only make the housing crisis worse Laurie Macfarlane The Guardian 31 July 2020 – to read the article, click here

Building Safety Fund – Social Housing Providers Devonshires 3 August 2020 – to read the article, click here

Housing benefit: update 2020 Bethan Harris, Desmond Rutledge and Kevin Gannon Legal Action July/ August 2020 ‒ to read the article (subscription required), click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action July/ August 2020 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY

23 August 2020                                    
Civil Procedure (Amendment No. 3) Rules 2020 relating to housing claims come into force (see Housing Law News and Policy Issues)

23 August 2020                                    
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 come into force

24 August 2020                                    
Possession proceedings to resume

24 August 2020                                    
Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 come into force

4 September 2020                                
Deadline for commenting on Draft Code of Practice: RICS and TPO's Regulation of Property Agents (see Housing Law Consultations)

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