HOUSING LAW NEWS & POLICY ISSUES

Draft Building Safety Bill: pre-legislative scrutiny
On 5 August 2020 the Commons Housing, Communities and Local Government Committee announced a new inquiry to undertake pre-legislative scrutiny of the draft Building Safety Bill. The Committee will undertake detailed examination of the draft Bill to assess its policy objectives, key provisions and likely impact against its aims in five key areas set out in the Government’s consultation: accountability; residents’ voice; enforcement and sanctions; product testing and the regulatory system. For more details, click here. For the draft Bill, click here.

Legal service providers: the impact of Covid-19
On 3 August 2020 the Commons Justice Committee published a report – Coronavirus (Covid-19): The impact on the legal professions in England and Wales – which urges the Ministry of Justice to take action to prevent the collapse of legal services providers who, it says, will be needed as the measures to control Coronavirus are lifted. Without such action, the Committee considers that "there is a clear risk that those seeking legal advice and representation will find that it is not there when they need it."

The report documents how, due to social distancing and other safety measures, fewer cases have come to court, trials have been suspended and the incomes of legal services providers dramatically cut. The income effect has been hardest on young solicitors and barristers, and on Black, Asian and Minority Ethnic lawyers – all of whom tend to be disproportionately represented in the publicly-funded legal aid sector already cash-starved before Covid-19 hit. The Committee expresses concern that as a result of Coronavirus some barristers, solicitors, and law centres may collapse. For the full report, click here. For a summary, click here. For the conclusions and recommendations, click here.

Women’s refuges
On 9 August 2020 The Observer reported the concerns of women's charities that victims of domestic abuse are being refused places at refuges because they do not speak English. According to Karma Nirvana, which supports those at risk from forced marriage and 'honour'-based violence, during the lockdown there was an increased demand for refuge places and a dearth of interpreters across the public sector. Of twenty women for whom the charity could not find a refuge during that period, it said five were turned down by six separate refuges for not speaking English. The Observer quotes a spokesperson for the MHCLG who said it was completely unacceptable for refuges to turn women away because of a language barrier.

For the report, click here.

Legal aid: payments on account limit increased
On 4 August 2020 the Legal Aid Agency announced that temporary amendments are being made to the 2018 civil contract to increase the limit for payments on account claims. Providers can now claim a maximum of 80 per cent of profit cost incurred for certificated work instead of 75 per cent. These changes came into force on 4 August 2020 and are due to end on 31 January 2021. For more information, click here.

Covid-19: guidance for hostel services for people experiencing homelessness and rough sleeping
On 7 August 2020 the MHCLG updated guidance for commissioners and providers of hostel services for people experiencing homelessness and rough sleeping. The guidance has been updated to reflect the extension of self-isolation from seven to ten days. The guidance covers: hostels with individual self-contained rooms with en-suite facilities that have shared kitchens; and hostels without individual self-contained rooms and that have communal facilities; but does not cover night shelters. For the updated guidance, click here.

Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020
This order, which comes into force on 24 August 2020, amends the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 (the 2000 Order). Under ss 118 and 119 of the Immigration and Asylum Act 1999, a person who is subject to immigration control is ineligible for an allocation of housing by a local authority or for homelessness assistance, unless they come within a class of persons specified by order, ie the 2000 Order.

Article 2(2) inserts the definition of “relevant person of Northern Ireland” and definitions of other terms used in this Order into article 2 of the 2000 Order. Article 2(3) amends article 3 of the 2000 Order, which relates to the eligibility of persons subject to immigration control for an allocation of housing accommodation in England, Scotland and Northern Ireland. It specifies two additional classes of persons subject to immigration control who are eligible for an allocation of housing:

• Class FB consists of persons who have been granted limited leave to enter or remain in the United Kingdom under Appendix EU of the immigration rules on the basis that they are the family members of relevant persons of Northern Ireland.
• Class FC consists of those who are habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who have been given limited leave to remain in the United Kingdom under paragraph 405 of the immigration rules, on the basis that they are stateless.

Article 3(3) amends article 7(1) of the 2000 Order which relates to the eligibility of persons subject to immigration control for homelessness assistance in Scotland and Northern Ireland.

For the 2020 Amendment Order, click here. For the 2000 Order, click here.

First Homes consultation response
On 6 August 2020 the MHCLG published a summary of responses to the First Homes consultation and the Government’s view on the way forward. The consultation document proposed a scheme to provide homes for first-time buyers with a 30 per cent discount against market value. Respondents expressed concerns that the proposed discount might not be sufficient to make homes affordable in areas of the country where property prices are very high. Local Planning Authorities will therefore be able to require a higher minimum discount of either 40 or 50 per cent on First Homes built in their local area, provided they are able to evidence the need for and viability of homes at this higher discount rate through the local plan-making process. For the summary of responses to the consultation and the Government’s response, click here. For the original consultation document, click here.

Benefit cap: number of households capped to May 2020
On 6 August 2020 the Department for Work and Pensions released statistics as to how many households have had their benefits capped between April 2013 and May 2020. The number of households that had their benefits capped increased by 93 per cent in May 2020 from February 2020 to 154,000 households. This is the biggest increase in the number of capped households since April 2013 and has been driven by an unprecedented increase of 665 per cent in the number of newly UC capped households, a reflection of the impact of the Covid-19 pandemic. The proportion of all capped households which were single-parent families decreased in May 2020 to 62 per cent from 72 per cent at February 2020.

The number of households flowing off the cap increased by 11,000 to 230,000 households at May 2020 from the previous quarter. This was driven by an unprecedented increase of 7,300 (116 per cent) in the number of UC households flowing off the cap.

Responding to the statistics Jon Sparkes, Crisis Chief Executive, said:

“Despite ongoing assurances that the benefit cap grace period would protect people newly claiming, we know that people on low incomes aren’t getting this support, which is leaving many worrying about how they are going to pay their rent or put food on the table for their children. If we are to avoid a wave of people from losing their homes through no fault of their own, it’s vital that the government immediately suspends the benefit cap so that people have the means to stay afloat. Otherwise we risk all the good work to protect people being undone.”

For the statistics, click here.

Health guidance for social landlords: coronavirus (Covid-19) – Wales
On 4 August 2020 the Welsh Government updated its guidance on what social landlords need to do if there is a case of coronavirus at a property. For the guidance, click here.

Priority housing for ‘key workers’ – London
On 4 August 2020 the London Mayor, Sadiq Khan, proposed a new list of London key workers who could get priority access to shared ownership and London Living Rent homes. The proposal is part of a wider consultation on the role of intermediate housing in London in the wake of the Covid-19 pandemic. Intermediate housing is defined as affordable housing which is targeted at people who are unlikely to access homes at social rent levels, but who are not able to afford to buy or rent a suitable home on the open market. The two types of intermediate homes preferred by the Mayor are London Shared Ownership and London Living Rent.  For details of the consultation, see Housing Law Consultations (below). For the Mayor’s press release concerning it, click here.

Response to extension of notices to end a tenancy – Wales
On 3 August 2020 the Legislation, Justice and Constitution Committee of the Welsh Assembly published its report on the Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020. The regulations temporarily extend from three to six months the notice periods that landlords must give tenants under section 8(4A) or (4B) of the Housing Act 1998 (the 1998 Act) (notice of proceedings for possession: assured tenancies), and under section 21(1) or (4) of the 1998 Act (recovery of possession on expiry of assured shorthold tenancy). These notice periods had already been extended to three months by Schedule 29 to the Coronavirus Act 2020. The Committee states that it is not clear why the regulations had to come into force so urgently as to breach the rule that 21 days should pass between the date a ‘made negative’ instrument is laid before the Assembly and the date the instrument comes into force, when the Welsh Ministers have had the power to make such regulations since 25 March 2020 (when the Coronavirus Act 2020 was passed). The National Residential Landlords Association has called the regulations “draconian”. For the Committee’s report, click here. For a press release from the NRLA, click here. For the latest regulations, 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.

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.

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

Providing more than bricks and mortar: social landlords and Housing First Jo Prestidge Homeless Link 4 August 2020 – to read the article, click here

How the planning system shake-up will affect housing in England Oliver Wainwright The Guardian 5 August 2020 – to read the article, click here

Don’t believe the type – N11B Defence form goes wrong Giles Peaker Nearly Legal 5 August 2020 – to read the article, click here

Government doesn’t know how zonal planning will affect housebuilding John Bibby Shelter Blog 5 August 2020 – to read the article, click here

Affordable housing 'will diminish due to UK planning changes' Ben Quinn The Guardian 6 August 2020 – to read the article, click here

Departing from the standard method Howard Leithead Local Government Lawyer 7 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

24 August 2020  
Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020 comes into force (see Housing Law News and Policy Issues)

1 September 2020
House of Commons returns from summer recess

2 September 2020
House of Lords returns from summer recess

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

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk

RECRUITMENT

Richmond and Wandsworth Councils
Click here for details

London Borough of Brent
Click here for details

London Borough of Brent
Click here for details

London Borough of Brent
Click here for details

London Borough of Hackney
Click here for details

Watford Community Housing
Click here for details

Brighton and Hove City Council
Click here for details

Breckland Council
Click here for details

Epping Forest District Council
Click here for details

Southampton and Fareham Legal Services Partnership
Click here for details

London Borough of Hackney
Click here for details