16th December 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Housing formula revised for the locating of new homes
On 16 December 2020 Housing Secretary Robert Jenrick announced that the housing formula would be revised for the locating of new homes following a summer consultation.   An updated method will now be introduced to help councils to enable the delivery of 300,000 homes a year by the mid-2020s, focusing more on brownfield sites and urban areas in the North and Midlands.

The full press release can be read here.

Deaths of homeless people in England and Wales: 2019
On 14 December 2020 the Office for National Statistics published experimental statistics of the number of deaths of homeless people in England and Wales. They show:

  • There were an estimated 778 deaths of homeless people in England and Wales registered in 2019, an increase of 7.2 per cent from 2018 when there were 726 estimated deaths.
  • This increase was not statistically significant, but still represents the highest number of estimated deaths since 2013.
  • Almost two in five deaths of homeless people were related to drug poisoning in 2019 (289 estimated deaths; 37.1 per cent of the total number); the number of deaths from this cause has decreased by 1.7 per cent compared with 2018, but is still 52.1 per cent higher than 2017.
  • Suicides among homeless people increased by 30.2 per cent in one year, from 86 estimated deaths in 2018 (11.8 per cent of the total number), to 112 estimated deaths in 2019 (14.4 per cent of the total number).
  • Most of the deaths in 2019 were among men (687 estimated deaths; 88.3 per cent of the total).
  • Among homeless people, the mean age at death was 45.9 years for males and 43.4 years for females in 2019; in the general population of England and Wales, the mean age at death was 76.1 years for men and 80.9 years for women.
  • London and the North West had the highest numbers of deaths in 2019, with 144 (18.5 per cent of the total number) and 126 (16.2 per cent of the total number) estimated deaths of homeless people respectively.

For the full statistics, click here. For the response of Crisis, click here.

Youth homelessness: Centrepoint report
On 10 December 2020 Centrepoint published a report – Beyond the Numbers: The Scale of Youth Homelessness in The UK – which, based on figures provided by local authorities and devolved administrations, estimates that 121,000 young people in the UK asked the council for help with homelessness in 2019-20. However, Centrepoint cautions that not everyone seeks council help and therefore many more 16-24 year olds are ‘hidden homeless’. Centrepoint call on the government to:

  • Establish a multiple-year financial settlement to help councils carry out their duties under the Homelessness Reduction Act.
  • Launch a national online information hub that provides clear advice on how to seek help for homelessness.
  • Allow local councils to fast-track extremely vulnerable young people at the initial homeless assessment.

For the report, click here. For details of youth homelessness at local level, click here.

Rough sleepers with drug and alcohol dependency
On 14 December 2020 Minister for Rough Sleeping and Housing Kelly Tolhurst announced that 43 areas across England will receive support from a £23 million government fund designed to help those with drug and alcohol support needs to access drug and alcohol treatment, including detox and rehabilitation services. The programme will be boosted by a further £52 million in 2021-22. Rough sleepers who are being provided with emergency accommodation during the pandemic as part of the government’s ‘Everyone In’ programme, and people who are currently rough sleeping, will be eligible for support. For more information, click here.

Homelessness and the Covid-19 pandemic
On 14 December 2020 the Housing, Communities and Local Government Committee resumed its work on the impact of the Covid-19 pandemic on homelessness and the private rented sector by taking evidence from witnesses representing Shelter, Citizens Advice and the National Residential Landlords Association. To view the session, click here. For more details of the Committee’s inquiry into this matter, click here.

Launch of £46 million 'Changing Futures' scheme to support vulnerable people
On 10 December 2020 the MHCLG announced the ‘Changing Futures’ scheme to which local organisations will be invited to bid for a share of £46 million funding to better support those who experience multiple disadvantages including homelessness, substance misuse, mental health issues, domestic abuse, and contact with the criminal justice system. The ‘Changing Futures’ programme aims to establish new, innovative and co-ordinated ways to better support vulnerable adults. The prospectus invites expressions of interest from organisations such as councils, health bodies, police, probation services, voluntary and community sector organisations to form local partnerships. For more information, click here.

Call for views on tackling violence against women and girls
On 10 December 2020 the government launched a nationwide Call for Evidence to inform a new strategy to tackle Violence Against Women and Girls. The survey will be carried out in partnership with third sector organisations so that victims and survivors are fully supported when speaking about their experiences. This will be anonymous, enabling respondents to provide as much information as they are comfortable with. During the consultation, which closes on 19 February 2021, the government will also seek the views of organisations who directly support victims and survivors, such as frontline professionals and academics. As well as the public survey, the Home Office will set up focused discussions with a range of representatives from charities directly engaging with victims to gather their views. The survey will provide the fine detail of the lived experiences, while the focus groups will inform with more strategic or structural issues.

The Tackling Violence Against Women and Girls Strategy will be published early next year, with the Domestic Abuse Strategy due to follow once the Domestic Abuse Bill receives Royal Assent. For more information, click here. For the Call for Evidence itself, click here. To follow progress on the Domestic Abuse Bill, click here.

Grenfell Tower site
From 8 December 2020 the MHCLG invited potential companies to bid to carry out some of the safety and day-to-day maintenance works on the Grenfell Tower site. An update explains how this will be done and how the community can be involved in the process. The MHCLG’s existing contract with the on-site contractor for Grenfell Tower will expire in June 2021. The contract must be re-procured due to government rules and guidance on spending public money. For the update, click here.

CORE: Counts and rents of first let social lettings in London, 2016-17 and 2017-18
On 11 December 2020 the MHCLG published ad-hoc analysis completed as part of a Freedom of Information request showing the following statistics derived from the CORE system (ie COntinuous REcording of lettings and sales in social housing in England):

  • The number of First Let General Needs Social Rent lets in each London local housing authority area in 2016-17 and in 2017-18, with a total number and a breakdown by local authority and private registered provider, with the number of lets by each number of bedrooms.
  • Mean average rents (exclusive of service charge) for these lets, with breakdowns by local authority and private registered provider, for each London local housing authority area, and by the number of bedrooms in each case.

For the statistics, click here.

Support for the homeless during the winter months: House of Commons debate
On 16 December 2020 the House of Commons will hold a debate in Westminster Hall on support for the homeless during the winter months. For a briefing prepared by the Local Government Association for the debate, click here.

Starter Homes: report by Public Accounts Committee
On 9 December 2020 the Public Accounts Committee published a report on the government’s policy by which it promised in 2015 to deliver 200,000 discounted Starter Homes for first-time buyers. The Committee condemns as “deplorable” the “cycle of policy invention, abandonment and reinvention, stringing expectant young people along for years”, “wasting time and resources” on housing policies that “come to nothing as ministers come and go with alarming frequency”. Some 85,000 people had registered their interest in Starter Homes since 2015, only to hear in 2020 that they had been waiting in vain. The Committee notes that the MHCLG is now introducing a new policy with similar aims – First Homes – but is unable to say when they will be available for first-time buyers to purchase. For the report, click here. For the response of the Local Government Association, click here.

Private rental market summary statistics in England: October 2019 to September 2020
On 11 December 2020 the Office for National Statistics published statistics showing median monthly rental prices for the private rental market in England, calculated using data from the Valuation Office Agency. The statistics show:

  • The median monthly rent was £725 for England, recorded between October 2019 and September 2020; this is the highest ever recorded.
  • London had the highest median monthly rent at £1,435; this is nearly double the median monthly rent for England.
  • The North East had the lowest median monthly rent at £495.
  • The difference in monthly rental price between the most and least expensive local authorities was nearly £2,000.

For the full statistics, click here.

New regulations to suspend evictions this Christmas – Wales
On 14 December 2020 the Welsh Government announced that it will suspend evictions from social and private rented accommodation between 11 December 2020 and 11 January 2021 as part of its response to tackling the spread of Covid-19. Regulations laid under section 45C of the Public Health (Control of Disease) Act 1984 prevent, except in specified circumstances, attendance at a dwelling-house for the purpose of executing a writ or warrant of possession, executing a writ or warrant of restitution or delivering a notice of eviction. The specified circumstances are where the court is satisfied that the claim is against trespassers who are persons unknown or where it was made wholly or partly on the grounds of anti-social behaviour, serious offences, nuisance, domestic violence or, in cases where the person attending is satisfied that the dwelling-house is unoccupied at the time of attendance, the death of the occupant. For the announcement, click here. For the written statement of the Minister of Housing and Local Government, click here.

Service charges levied by some housing associations and third sector organisations on assured shorthold tenancies – Wales
On 9 December 2020 Julie James, the Welsh Minister of Housing and Local Government, issued a written statement concerning the Renting Homes (Fees) (Wales) Act 2019. The Act ensures that tenants of assured shorthold tenancies are not required to make any payments in addition to rent, beyond those permitted under the Act. Where assured shorthold tenancies have been granted by housing associations and supported accommodation providers, service charges, and potentially other related charges, may have been charged in contravention of the provisions of the Act. The government considers that the Act has created an unintended difference between the way in which different tenancies in the social sector are permitted to operate. At the earliest opportunity a statutory instrument will be made to amend the schedule of payments allowed under the Act to include these charges as appropriate. Meanwhile officials will continue to work closely with providers to identify interim arrangements to avoid the continuation of any charges in breach of the Act and to determine whether this will leave providers in financial difficulty. For the written statement, click here.

Homelessness accommodation provision and rough sleeping: September 2020 – Wales
On 10 December 2020 the Welsh Government published management information on persons placed into temporary accommodation and rough sleepers for September 2020. The main points are:

  • Throughout Wales, 1,195 people presenting as homeless were placed into emergency accommodation during the month. This is a 23 per cent increase from the 974 people placed into such accommodation during August.
  • At 30 September 2020, 4,048 individuals were in temporary accommodation. This is a 13 per cent increase from 3,577 individuals as at 31 August 2020.
  • 571 homeless individuals were moved into suitable long-term accommodation. This is a 34 per cent increase from the 427 individuals moved in August.
  • At 30 September 2020 there were 110 individuals sleeping rough throughout Wales. This is a 9 per cent increase from the 101 individuals sleeping rough as at 31 August 2020.

For the full data, click here.

Buy-to-let sales boom during stamp duty holiday
On 14 December 2020 the Guardian reported research by Hamptons, the estate agency, that has found that “in November 2020 landlords made 15 per cent of agreed property purchases in England, Wales and Scotland, more than at any time since December 2016”. According to Hamptons, buyers are taking advantage of the stamp duty holiday in force until 31 March 2021. For the article, click here.

Home Office breaches its duty to protect destitute people against inhuman and degrading treatment caused by homelessness
On 14 December 2020 Landmark Chambers reported the judgment in R (On the Application Of DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) in which Robin Knowles J held that the Home Office is in breach of its duties under Article 3 of the European Convention on Human Rights and section 4 of the Immigration and Asylum Act 1999 to protect destitute people against inhuman and degrading treatment caused by homelessness. For the report, click here. For the judgment, click here.

How to rent guide
On 10 December 2020 the MHCLG published an updated version of its guide for people who are looking for a house or flat to rent. For the updated version, click here.

Manifesto for Welsh elections: NRLA
On 10 December 2020 the National Residential Landlords Association Wales released its manifesto for the forthcoming election, stating that only when the private rented sector (PRS) is regarded as part of the solution to the housing crisis can landlords and tenants prosper. The Association has “six key calls” for parties standing in the 2021 Welsh Parliament elections: streamline licensing; support landlords and tenants; improve homes; introduce a Welsh Housing Survey; improve justice for landlords and tenants; and, rejecting rent controls and Right-to-Rent. For more details, 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 completed its final stages in the House of Commons on 7 September 2020. It received its first reading in the House of Lords on 8 September 2020 and its second reading on 1 October 2020. The committee stage was completed on 29 October 2020. The report stage took place on 17 November 2020. The third reading took place on 24 November 2020. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on a date to be announced. For the bill, as amended on report, click here. To read debates on all stages of the bill, click here. For a briefing note prepared by the Local Government Association on second reading in the House of Lords, click here. To follow progress of the bill, click here.

Supported Housing (Regulation) Bill
This private member's bill, sponsored by Kerry McCarthy, would regulate supported housing; make provision about local authority oversight and the enforcement of standards of accommodation and support in supported housing; and prohibit the placing of children in care in unregulated accommodation. It received its first reading on 11 November 2020. It is die to receive its second reading on 15 January 2021. The bill is being prepared for publication. 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 has been further postponed to 22 January 2021. The bill is being prepared for publication. 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 yet further postponed to 15 January 2021. 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 yet further postponed to 29 January 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. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to 8 January 2021. For the bill as introduced, click here. To follow progress of the bill, click here.

Houses in Multiple Occupation Bill
This private member’s bill, sponsored by Ian Levy, would amend the law relating to the licensing of houses in multiple occupation and increase penalties for the contravention of such licences. The bill received its first reading on 9 September 2020. The second reading has been further postponed to 26 February 2021. The bill is being prepared for publication. 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.

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. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to 8 January 2021. For the bill as introduced, click here. To follow progress of the bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This private members’ bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal and would establish asylum seeker accommodation eviction procedures for public authorities. The first reading was on 10 February 2020. The second reading is scheduled for 26 February 2021. The bill is being prepared for publication. 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 12 March 2021. For the bill as introduced, click here. To follow progress of the bill, 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 Stage 1 motion to agree the general principles of the Bill was agreed in Plenary on 13 October 2020. Stage 2 began on 14 October 2020. Stage 2 consideration took place in Committee on 27 November 2020. Stage 3 commenced on 30 November 2020. Amendments may now be tabled to the Bill (as amended at Stage 2). For the bill as amended at Stage 2, all other documents relating to it, and to follow progress on 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.

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 amended on report, 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.

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.

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.

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NEW HOUSING CASES
 

Nikolaeva v London Borough of Redbridge [2020] EWCA Civ 1586
The Appellant appealed an order dismissing her appeal against the Respondent’s decision that its duty towards her had ceased under s.193(7) Housing Act 1996.

Background
On 2 June 2004, the Respondent accepted that it owed the Appellant the main housing duty under section 193(2). She was placed in temporary accommodation on 27 September 2004.
On 17 May 2017 the Respondent wrote to the Appellant in terms that it had nominated her to a housing association property on which she had placed a bid. The Respondent advised that if the nomination was successful and she was offered the property that offer would constitute a final offer of accommodation for the purpose of s.193.

The Appellant viewed the property on 8 June 2017, and on 29 June 2017 she attended a meeting with the housing association during which she was presented with a letter offering her a six-year fixed term assured shorthold tenancy. The offer was made subject to her accepting and signing a tenancy agreement.

On 30 June 2017 an officer from the housing association wrote to the Respondent authority and advised that the Appellant had refused to complete sign up.

On 3 July 2017 the Appellant wrote to the Respondent to say that she did not refuse the offer of accommodation but she was not going to sign the tenancy agreement because she did not agree with some of the terms.

On 7 July 2017 the Appellant attended a meeting at the Respondent’s office. Later the same day, the Respondent wrote to the Appellant stating that as she had refused a final offer of accommodation that was suitable and reasonable for her to occupy, it considered that its duty under s.193 had been discharged.

The Appellant unsuccessfully sought a review of that decision under s.202 of the Act and subsequently appealed to the county court under s.204. On 9 December 2019 HHJ Luba QC dismissed the Appellant's appeal. The Appellant appealed to the Court of Appeal.

The Appeal
The appeal was brought on two grounds. First, it was said that the review decision ought to have been set aside because it was based on a finding that the Appellant had refused an offer of accommodation made by the Respondent on 4 July 2017, which was irrational and contrary to the evidence. To the extent that the judge concluded that the review decision should, nevertheless, stand because the Appellant had been given reasonable opportunity to consider the offer by 29 June 2017 and/or the reviewing officer had made a clear finding to that effect, the judge's conclusions were contrary to the evidence.

Secondly, it was said that the judge erred in concluding that there was no requirement on the reviewing officer to consider whether the accommodation had still been available for the Appellant on 4 July 2017. The judge distinguished between the offer of accommodation made by the Respondent and the offer of a tenancy made by the proposed landlord and in doing so, it was said that he misdirected himself as to the requirements of s.193(7). It was said that the acceptance or refusal of an offer of accommodation can only lead to the cessation of the housing duty if the accommodation is still available so that acceptance of the offer would result in an assured or secure tenancy.

Judgment
Delivering the lead judgement, Asplin LJ noted that the review decision was “at times inaccurate, confusing, hopelessly unclear and the logic is difficult to follow”. She went on to say that the structure of a review decision should leave the person to whom the housing duty is allegedly owed and the local housing authority which allegedly owes it, in no doubt about the reasoning which has led the reviewing officer to his conclusions [42].

She also held that, contrary to the Respondent’s position, where the accommodation is to be provided by a third party, a mere allocation by way of nomination is not "a final offer of accommodation" under the Act. It would make a mockery of the main housing duty, if it were satisfied potentially without the actual offer of suitable accommodation [49]. However, on the present facts the final offer of accommodation, and the consequences of refusal, were conditional on accommodation actually being offered by the housing association [67].

On the first ground of appeal the Court held that, read as a whole, the review officer rightly concluded that the Appellant’s refusal of the accommodation was continuous from 29 June to 4 July 2017. There was nothing irrational about the conclusions reached [58] and, in fact, it was the only conclusion that could rationally have been reached [62].

As to the second ground of appeal, there was no evidence that the property was not available on 4 July 2017 or at any relevant time [68].  Again the review decision was the only decision which could rationally have been reached [69].

The appeal was dismissed.

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

HOUSING LAW CONSULTATIONS
 

Review of Pre-action Protocols: Civil Justice Council
On 27 October 2020 the Civil Justice Council launched a review of Pre-action Protocols (PAPs). The review will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required. The CJC is particularly interested in looking at how PAPs are working for litigants with limited means; the costs associated with PAP compliance; the potential of PAPs in online dispute resolution, and the potential for PAPs to be streamlined. The PAPS under review include those in respect of:

  • Housing conditions claims (England)
  • Housing disrepair cases (Wales)
  • Possession claims based on mortgage or home purchase plan arrears in respect of residential property
  • Possession claims by social landlords.

A preliminary survey seeks feedback and suggestions about what ought to be the focus of the review, and the priorities for reform. Accordingly, the CJC wants to hear from anyone with experience of, or an interest in, PAPs including the judiciary, practitioners, litigants, academics, and representative organisations working in the civil justice system.
For the online survey, click here. For more details of the review, which will close on 18 December 2020, click here.

Domestic smoke and carbon monoxide alarms
This consultation seeks views on:

  • Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require social landlords to ensure at least one smoke alarm is installed on each storey of the premises on which there is a room used wholly or partly as living accommodation;
  • Amending the statutory guidance (Approved Document J) supporting Part J of the Building Regulations to require that carbon monoxide alarms are fitted alongside the installation of fixed combustion appliances of any fuel type (excluding gas cookers); and
  • Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require private and social landlords to install a carbon monoxide alarm in any room used as living accommodation where a fixed combustion appliance is used (excluding gas cookers).

The consultation closes on 11 January 2021. For the consultation document, click here.

New model for Shared Ownership: technical consultation
The government is introducing a new model for Shared Ownership. This model will:

  • Reduce the minimum initial share from 25 per cent to 10 per cent
  • Introduce a new gradual ‘staircasing’ offer, to allow people to buy additional shares in their home in 1 per cent instalments with heavily reduced fees
  • Introduce a 10-year period during which the shared owner will receive support from their landlord to pay for essential repairs
  • Give Shared Ownership leaseholders (shared owners) more control when they come to sell their home.

This consultation, which will end on 17 December 2020, seeks to capture views on how to best implement the new model for Shared Ownership to ensure it can be smoothly adopted by providers and lenders, and effectively supports aspiring homeowners. For the consultation document, click here.

Alignment of the fees for online and paper civil money and possession claims
This consultation sets out the proposal for the alignment of online and paper civil fees. The aim of this proposal is to:

  • ensure that there is an efficient and effective courts system;
  • ensure access to justice, making sure those who need to access the courts can do so;
  • ensure that our courts and tribunals have the necessary resources to deliver their much-needed services;
  • ensure that those who can afford to pay a fee, pay the same fee regardless of whether they lodge a claim online or via the paper route
  • simplify the existing fees structure.

This consultation ends on 30 December 2020. For the consultation document, click here.

Housing Ombudsman consultation on plans for 2021-22
On 24 November 2020 the Housing Ombudsman published a consultation paper seeking feedback on its business plan for 2021-22. It is set within the context of the Social Housing White Paper and its strengthened role for the Ombudsman, plus the continued challenge of Covid-19 and the ongoing transformation programme. 

The consultation focuses on two key areas that will help shape future development. The first concerns raising resident awareness of the role of the service and redress, a key part of the White Paper. An Ombudsman led initiative planned is the creation of a new Resident Panel with 100 members to support engagement and provide feedback as its service evolves. The second key area for future development is expanding work on learning with landlords, with a comprehensive range of complaint handling information, tools and training and encouraging the sharing of best practice between members. Targeted support will be provided for landlords with particular issues, higher maladministration rates or complaint handling failure orders. 

The consultation is open until 22 December 2020. For the consultation document, which sets out full details on how to respond, click here.   

HOUSING LAW ARTICLES & PUBLICATIONS
 

Residential fire safety update Justin Bates and Simon Allison Local Government Lawyer 8 December 2020 – to read the article, click here

Britain’s housing stock needs an urgent upgrade Dr Jonathan Marshall Shelter Blog 10 December 2020 – to read the article, click here

Coronavirus guidance for supported housing providers NHF Blog 10 December 2020 – to read the article, click here

Homelessness is rising, but it is neither inevitable nor unstoppable Leilani Farha and Juha Kaakinen Guardian 10 December 2020 – to read the article, click here

Settled accommodation and the chain of intentional homelessness Ian Peacock and Anneli Robins Local Government Lawyer 11 December 2020 – to read the article, click here

And he’s not there… Giles Peaker Nearly Legal 13 December 2020 – to read the article, click here

Building safety insight – The Accountable Person Rebecca Rees and Julian Jarrett Trowers and Hamlins 14 December 2020 – to read the article, click here

What the NRLA has to say about mould Tilly Smith Generation Rent 14 December 2020 – to read the article, click here

What the new Code of Governance means for housing associations with diversified structures Sarah Greenhalgh NHF Blog 15 December 2020 – to read the article, click here

Gypsy and Traveller: Update (December 20) Tessa Buchanan, Chris Johnson, Dr Angus Murdoch and Marc Willers QC Legal Action December 2020 / January 2021– to read the article (subscription required), click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action December 2020 / January 2021 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY
 

17 December 2020                               
Closing date for submissions to the consultation on New model for Shared Ownership: technical consultation (see Housing Law Consultations)

18 December 2020                               
Closing date for submissions to the Civil Justice Council Review of Pre-action Protocols: Civil Justice Council (see Housing Law Consultations)

22 December 2020                               
Closing date for submissions to the Housing Ombudsman’s consultation on plans for 2021-22 (see Housing Law Consultations)

30 December 2020                               
Closing date for submissions to the consultation on Alignment of the fees for online and paper civil money and possession claims (see Housing Law Consultations)

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Career Grade Housing Delivery Officer
London Borough of Hounslow
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Executive Director – Housing, Neighbourhoods & Communities
Brighton and Hove City Council
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Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B