9th September 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Six months’ notice period prior to instituting most possession proceedings
On 28 August 2020 the MHCLG laid secondary legislation before Parliament so that, as from 29 August 2020, landlords must provide at least six months’ notice prior to seeking possession through the courts in most cases, including  section 21 evictions and proceedings founded on rent arrears for less than six months. Notices served on and before 28 August are not affected by these changes, and must be at least three months.

Exceptions to the requirement of six months’ notice are (broadly):

  • anti-social behaviour (now four weeks’ notice);
  • domestic abuse (now two to four weeks’ notice);
  • false statement (now two to four weeks’ notice);
  • over six months’ accumulated rent arrears (now four weeks’ notice);
  • breach of immigration rules ‘Right to Rent’ (now three months’ notice).

The changes are effected by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020. For more details of the Regulations, see the next item. For the MHCLG announcement, click here. For a letter from the MHCLG notifying local authorities of the extension of emergency measures regarding notice periods, click here.

Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020
These Regulations, which came into force on 29 August 2020, amend Schedule 29 to the Coronavirus Act 2020. Schedule 29 modified various statutory provisions with the effect that during the relevant period landlords are required to provide at least three months’ notice of intention to seek possession of housing let under a Rent Act 1977 protected or statutory tenancy, a secure tenancy, a flexible tenancy, an assured tenancy, an assured shorthold tenancy, an introductory tenancy or a demoted tenancy let by a local authority or housing action trust. The provision made by Schedule 29 was to end on 30 September 2020. Regulation 3(2) amends Schedule 29 so that it has effect, in relation to England, until 31 March 2021. Regulation 2 suspends the application of paragraphs 3, 4 and 6(a) and (b) of Schedule 29. This disapplies the modifications made by Schedule 29 where—

  • possession of housing let under a secure tenancy is sought under section 83 of the Housing Act 1985 on Ground 2 in Schedule 2 to that Act, the discretionary ground for anti-social behaviour;
  • possession of housing let under a secure tenancy is sought under section 83ZA of the Housing Act 1985 on the absolute ground for anti-social behaviour in section 84A to that Act; or
  • possession of housing let under an assured tenancy or assured shorthold tenancy is sought under section 8 of the Housing Act 1988 on Ground 7A or 14 in Schedule 2 to that Act which relates to anti-social behaviour offences etc.

This has the effect that the notice requirements relating to such proceedings revert to those which had effect prior to the enactment of the Coronavirus Act 2020.

Regulation 2 also suspends the application of certain consequential modifications to the prescribed forms for notices given under section 83 of the Housing Act 1985 and section 8 of the Housing Act 1988.

Regulation 3 makes further amendments of the modifications made by Schedule 29. It extends the required notice period to six months except for where the tenancy is a Rent Act protected or statutory tenancy, a secure or assured tenancy in which case the required notice period is:

  • where at least six months’ rent is unpaid, four weeks;
  • where the grounds for eviction relate to the tenant’s immigration status or the tenancy is an assured tenancy and possession is sought following the death of the former tenant, three months; and
  • where the grounds for eviction relate to anti-social behaviour, domestic violence or acquiring the tenancy as a result of a fraud, the same notice period that applied under the legislation as it had effect before Schedule 29 came into force.

Where the tenancy is an introductory or demoted tenancy the required notice period is four weeks in a case where the landlord seeks possession for reasons related to anti-social behaviour or domestic violence.

Regulation 3(3)-(9) also amends modifications made by Schedule 29 in relation to Rent Act protected and statutory tenancies, secure tenancies, flexible tenancies, assured tenancies, assured shorthold tenancies, introductory tenancies and demoted tenancies. Regulation 3(10) and (11) amends the modifications made by paragraphs 10 and 12 of Schedule 29 to make consequential provision in relation to prescribed forms for giving notice to the tenant of proceedings for possession in relation to secure tenancies, assured tenancies and assured shorthold tenancies.

For the Regulations, click here.

Civil Procedure Rules Practice Direction 55C

Temporary Practice Direction 55C of the Civil Procedure Rules 1998 has been amended so that the introduction date has been postponed from 23 August 2020 to 20 September 2020 to account for the extended stay on possession proceedings; see the Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 here. For PD 55C, click here.

Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020

Section 21(8) of the Housing Act 1988 gives the Secretary of State power to prescribe a form of a notice under section 21(1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England. This is a notice of intention to seek possession of a property let on an assured shorthold tenancy.

The relevant form (Form 6A) is prescribed in the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (the Principal Regulations). Paragraph 12(2) of Schedule 29 to the Coronavirus Act 2020 modifies Form 6A during the relevant period which began on 26 March 2020 and ends on 31 March 2021. The relevant period in paragraph 1 of Schedule 29 to the Coronavirus Act 2020 was extended, in relation to England, by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (the 2020 Regulations).

These Regulations suspend paragraph 12(2) of Schedule 29 and prescribe a new Form 6A by amending the Schedule to the Principal Regulations. They are made to reflect the amendments to the required period of notice of intention to seek possession of a property let on an assured shorthold tenancy and the period of validity of such a notice made by the 2020 Regulations.

These Regulations came into force on 2 September 2020. For them, click here. For Form 6A, click here.

Affordable homes and shared ownership
On 8 September 2020 the Housing Secretary Robert Jenrick announced that the prospectus inviting bids for Government investment totalling £12 billion in housing (confirmed in the Budget) will be launched during the coming week. About half of the new homes will be available for affordable home ownership. The rest will be made available for discounted rent, including 10 per cent for supported housing to support those with physical or mental health challenges. The Housing secretary also announced a new model for shared ownership which will:

  • reduce the minimum initial share you can buy in a property from 25 to 10 per cent;
  • allow people to buy additional shares in their home in 1 per cent instalments, with heavily reduced fees; and
  • introduce a 10-year period for new shared owners where the landlord will cover the cost of any repairs and maintenance.

For the announcement, click here. For the Government’s response, published on 8 September 2020, to the consultation on shared ownership, click here.

Ombudsman: London man housed in Birmingham
On 27 August 2020 the Local Government and Social Care Ombudsman reported that a man who called upon Merton council for help with housing, had to give up one of his jobs because he was given accommodation in Birmingham, leaving him with a three hour commute. The Ombudsman found London Borough of Merton at fault because it did not take into account the man’s employment status when making the offer of accommodation so far away. The Ombudsman found evidence the man had told the council about difficulties he was having maintaining his employment in November 2017, but the council failed to consider moving him closer to his employment. The man has now found accommodation in the capital with the help of a council deposit scheme. The council has agreed to apologise and pay the man a total of £1,768. This is made up of £1,200 for placing him in unsuitable accommodation, £418 in travel costs and a further £150 for his time and trouble in bringing the complaint. For the report, click here.

Cladding remediation progress

On 3 August 2020 the MHCLG responded to the Housing, Communities and Local Government Select Committee report Cladding: Progress of Remediation. The response refers to each of the Committee’s recommendations and states that the draft Building Safety Bill, which has been published for pre-legislative scrutiny, addresses a number of issues raised by the Committee in its report. For the response document, click here. For the Committee’s report, click here.

Cladding remediation – London

On 2 September 2020 the Mayor of London announced that he had written to more than 40 London landlords to demand that they begin work to remove dangerous aluminium composite materials (ACM) cladding immediately. In a letter to building owners who have had funding applications approved but are yet to start remediation work, Sadiq Khan urged them to “take all the necessary steps to accelerate your plans to remove and replace unsafe ACM cladding”. For more details, click here.

Fire Safety Bill

On 3 September 2020 the House of Commons Library published a briefing paper explaining the background to and effect of the Fire Safety Bill. For the briefing, click here.

Tenancy deposit schemes
On 3 September 2020 the House of Commons Library published a briefing paper explaining the duty on private landlords to protect tenants’ deposits and summarising how the schemes operate. The Government has legislated to cap security deposits in England and is considering whether improvements can be made to the tenancy deposit protection process to benefit both tenants and landlords. For the briefing, click here.

Asylum accommodation: the use of hotels

On 1 September 2020 the House of Commons Library published a briefing paper relating to the use of hotels for the accommodation of asylum seekers. The briefing paper notes that the use of hotels as temporary asylum accommodation has recently increased. This has been due to issues with some asylum accommodation contracts and, more recently, measures to limit the risk of spreading Covid-19. For the briefing, click here.

Tenant experiences of the private rented sector – Wales

On 25 August 2020 the Welsh Government published research exploring tenants’ satisfaction with the private rented sector in Wales. Included in the main findings are:

  • Younger participants aspired to become owner-occupiers; participants who were older, living alone or were single parents were more likely to be interested in moving to the social sector.
  • The current two-month minimum notice period for Section 21 notices was reported to create insecurity, stress and mental health issues in those who have experienced eviction.
  • Increasing the two-month notice period was welcomed by participants based on their experiences. They thought that a notice period of three or four months was fair on both landlords and tenants but that six months would be more necessary for tenants living in rural areas because of a lack of available properties.
  • There is a view that more training is needed for landlords around complex factors which can affect tenancies, such as mental health.
  • Finding a deposit was the biggest issue facing tenants, especially as deposits often had to be paid before a deposit from a previous rental property was returned.
  • Increasing demand and competitiveness of the private rented sector have made it more difficult to find suitable accommodation.

For the report, click here.

Homeless Link’s COVID-19 Homelessness Response Fund

On 2 September 2020 Homeless Link reminded homelessness charities whose finances have been affected by Covid-19 that they have until 14 September 2020 to apply for emergency funding from the second round of Homeless Link’s Covid-19 Homelessness Response Fund. For more details, click here.

Revised Housing Ombudsman Scheme

On 1 September 2020 the revised Housing Ombudsman Scheme took effect. The updated Scheme includes:

  • A new Complaint Handling Code, published in July, setting out clear expectations for landlords on handling housing complaints including the need for self-assessments against the Code by 31 December 2020. A series of webinars on the Code will continue over the autumn.
  • A new power to issue complaint handling failure orders which could relate to the handling of an individual case or the landlord’s overall complaint-handling policy. These orders will be formally issued from 1 January 2021.
  • The ability to conduct systemic or thematic investigations beyond an individual complaint or landlord. A framework for these investigations will be published later this year.

For more information, click here.

Regulator of Social Housing / Housing Ombudsman Memorandum of Understanding

On 1 September the Regulator of Social Housing and Housing Ombudsman announced that they had agreed a revised Memorandum of Understanding. The basis of referrals of cases from the Ombudsman to RSH has been broadened to include repeated complaint handling failure or potential systemic failure. RSH and the Ombudsman have agreed to share more information. This includes receiving notification from the Ombudsman on findings of severe maladministration, where an investigation raises a potential breach of a regulatory standard, details of non-compliance with orders and on complaint handling failures. For the Memorandum of Understanding, click here.

Housing Ombudsman report
On 7 September the Housing Ombudsman published a report – A new lease of life: Spotlight on leasehold, shared ownership and new builds – which shows complaint handling itself being the area of most consistent concern where maladministration (including partial maladministration) was found in 72 per cent of cases. This is double the Ombudsman’s average uphold rate. Key issues identified are difficulties getting through the complaints procedure, delays and periods of inaction. For the report, click here. For the announcement of publication, click here.

Housing licensing consultation – Oxford

On 27 August 2020 Oxford City Council announced that it is proposing to launch public consultation on two licensing schemes aimed at improving conditions in the private rented sector. In January 2020 the council set out plans to reshape the sector, which now makes up almost half (49 per cent) of housing stock in the city. The council wants to have views on:

  • an extension of the current ‘additional’ licensing scheme for houses in multiple occupation (HMOs) until 2026; and
  • the introduction of a new ‘selective licensing’ scheme to cover all homes in the private rented sector and not just HMOs.

The cabinet will make a final decision on 9 September and, if agreed, a 12-week public consultation will begin on 10 September. For more information, click here.

Regulator of Social Housing quarterly survey

On 3 September 2020 the Regulator of Social Housing published the results of its latest quarterly survey of registered providers’ financial health. The report covers the period from 1 April 2020 to 30 June 2020. The data collected show that the sector was in a strong financial position overall during the quarter. The sustained period of lockdown and associated increase in unemployment have led to an increase in the arrears and void rent loss figures. Rent collection remained strong at over 97 per cent in aggregate, but this is the lowest level since 2013. At the same time, mean provider void losses have increased to 2.2 per cent. Offsetting reductions in income, providers’ expenditure on capitalised repairs and maintenance was just over half that incurred during the same period in 2019. This was mainly due to lockdown restrictions on repairs during the quarter. For more details, click here. For the survey itself, click here.

Accommodation for prison leavers

On 28 August 2020 NACRO published a policy briefing which reported the biggest challenge since lockdown for resettlement staff to be finding accommodation for people on release from prison  compared to pre-Covid. “Despite the Government’s commitment to house all rough sleepers, people continued to be released from prison with nowhere to stay, despite the pandemic. From 23 March to 30 April 2020 over 1,000 people were released from prison into rough sleeping or other forms of homelessness.” For the briefing, click here. For a report in The Guardian, click here.

Council House Britain

On 3 September 2020 Channel 4 began broadcasting Council House Britain, a series following social housing tenants and council workers striving to find people homes. For all six episodes, click here.

Domestic violence incidence

On 2 September 2020 the Institute for Fiscal Studies published a working paper which proposes a method of quantifying the incidence of domestic violence during lockdown by combining five years of daily Google Trends data for a set of domestic violence-related search terms with daily data on DV crimes recorded by the London Metropolitan Police Service. For the report, click here.

HOUSING LAWS IN THE PIPELINE
 

Parliament has risen for the summer recess. The House of Commons will return on 1 September 2020 and the House of Lords will do so on 2 September 2020.

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.

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HOUSING LAW CONSULTATIONS
 

Intermediate Homes for London
Intermediate housing is one of the main forms of affordable homes built in London. The Mayor of London is consulting on a broad range of proposals in relation to intermediate homes, including how to address concerns with the affordability of shared ownership homes, what more can be done to support delivery of these homes and how allocations for intermediate homes can be made more transparent and consistent. The consultation also provides an opportunity to think about whether more can be done to help key workers access and benefit from these homes in London. This is particularly important in the context of the current health crisis which has highlighted the key role many occupations play in supporting the capital’s resilience during times of crisis. The consultation closes on 11 October 2020. For more information about the consultation, click here. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Possession claims, present and predicted Giles PeakerNearly Legal 27 August 2020 – to read the article, click here

The coronavirus (COVID-19) debt crisis: Why government should offer financial support to private renters Ami McCarthy Shelter Blog 28 August 2020 – to read the article, click here

Freehold enfranchisement and local authorities
V Charles Ward Local Government Lawyer 28 August 2020 – to read the article, click here

Here come the new rules, (not quite) the same as the old rules – Notice periods
Giles Peaker Nearly Legal 28 August 2020 – to read the article, click here

Housing Case Law Update - August 2020
Christopher Skinner, Helen Gascoigne and Elena-Lucia Stoian Local Government Lawyer 1 September 2020 – to read the article, click here

The Passage Anti-Slavery Project
Júlia Tomás Homeless Link 1 September 2020 – to read the article, click here

It’s all change (again): possession claims and new notice periods
Lee Russell and Donna McCarthy Devonshires Blog 2 September 2020 – to read the article, click here

Beth sy’n digwydd yng Nghymru?
[Possession claims and notice periods in Wales] Mike Norman Nearly Legal 3 September 2020 – to read the article, click here

New week, new rules: six-month notice periods
Ruth Ehrlich Shelter Blog 4 September 2020 – to read the article, click here

The Parable of the Property Developer
Giles Peaker Nearly Legal 6 September 2020 – to read the article, click here

'Landlords refused to rent to me and my autistic son because we claim benefits'
Lisa Collier Shelter Blog [reproduced from Metro] 7 August 2020 – to read the article, click here

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

HOUSING LAW DIARY
 

14 September 2020                                
Deadline for applications to Homeless Link’s COVID-19 Homelessness Response Fund (see Housing Law News and Policy Issues)

20 September 2020
Stay on possession proceedings ends (see Housing Law News and Policy Issues)

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RECRUITMENT
 

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