22nd July 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Housing fund for vulnerable people
On 18 July 2020 the Housing Secretary launched the Next Steps Accommodation Programme by which councils and their local partners can apply for funds to cover property costs and support new tenancies for around 15,000 vulnerable people who were provided with emergency accommodation during the pandemic. For more information, click here. For guidance on how to bid for funding, and for proposal templates, click here.

Long-term homes for rough sleepers – London
On 18 July 2020 the Mayor of London, Sadiq Khan, announced that a £67 million grant from the Next Steps Accommodation Programme (see above) will be used to create 900 new long-term homes for homeless Londoners. For the announcement, click here.

Draft Building Safety Bill
On 20 July 2020 the MHCLG published a Draft Building Safety Bill which, the Government says, will improve regulations and introduce a clearer system “with residents’ safety at the heart of it”. Under the proposed rules, people living in high rise buildings will be empowered to challenge inaction from their building owner, will have better access to safety information about their building and will benefit from a “swift and effective” complaints process. A Building Safety Regulator, already being set up within the Health and Safety Executive, will be fully established and equipped with the power to hold building owners to account or face the consequences. It will enforce a new, more stringent set of rules that will apply for buildings of 18 metres or more or taller than six storeys from the design phase to occupation. The Draft Bill will be scrutinised by a Parliamentary Committee prior to the bill’s legislative passage. For the Draft Bill, click here. For explanatory notes produced by the MHCLG, click here. For the announcement of publication of the Draft Bill, click here. For a House of Commons Library briefing, explaining the background to the bill (and published prior to its publication), click here.

Housing Secretary questioned by Select Committee
On 22 July 2020 the Housing Secretary, Robert Jenrick, will be questioned by the Commons Housing, Communities and Local Government Committee about the work of his department. To watch the session, click here.

Services to homeless people: Local Government Ombudsman’s report
On 15 July 2020 the Local Government and Social Care Ombudsman published a report – Home Truths: how well are councils implementing the Homelessness Reduction Act? – examining the lessons that councils can learn from the first 50 cases (all from before the Covid-19 pandemic) investigated by the Ombudsman under the Homelessness Reduction Act 2017. Problems identified in the report include councils delaying helping people and difficulties in issuing Personalised Housing Plans. The Ombudsman also found simple communication issues, with people left unsure about the next steps they need to take, or not being told about their rights to challenge a council’s decision. For the report, click here and follow the link at the top right of the opened page.

Civil Procedure (Amendment No. 3) Rules 2020
These rules amend the Civil Procedure Rules 1998 (CPR). Of particular note to housing professionals are rule 6 which amends Part 30 of the CPR to make provision in relation to the transfer of proceedings for the enforcement of a judgment or order for possession of land by the county court to the High Court; and rule 16 which amends Part 83 to make provision about writs and warrants of possession, including provision requiring a notice of eviction to be delivered before a writ or warrant of possession can be executed. The amendments come into force on 23 August 2020. For the Amendment No. 3 Rules, click here. For the CPR, click here.

Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020
These rules, which come into force on 23 August 2020, amend the Civil Procedure Rules 1998 (CPR) to insert a new, temporary rule which provides for how possession proceedings and enforcement proceedings by way of writ and warrant for possession, which were stayed until 23 August 2020, are to proceed after that stay expires. The new rule provides (in exercise of the power given in paragraph 6 of Schedule 1 to the Civil Procedure Act 1997) that proceedings are to proceed as provided for by a new, temporary practice direction, Practice Direction 55C, which is added to the practice directions supporting the CPR. For the Amendment No. 4 Rules, click here. For the CPR, click here. For PD 55C, click here.

Court Fees (Miscellaneous Amendments) Order 2020
This order, which comes into force on 3 August 2020, amends, amongst other fee orders, certain provisions of the Civil Proceedings Fees Order 2008. In particular, the fee for an application to vary a judgment or suspend enforcement, including an application to suspend a warrant of possession, is reduced from £15 to £14. For the 2020 Fees Order, click here. For the official Explanatory Memorandum which sets out a table of all the changes, click here.

Affordable housing supply
On 16 July 2020 the MHCLG published tables on affordable housing supply, organised by various criteria including scheme and local authority. For the tables, click here.

Landlords’ ‘No DSS’ policies
On 14 July 2020 the House of Commons Library published a briefing paper considering evidence of private landlords' reluctance to let to prospective tenants in receipt of Housing Benefit/ Universal Credit. The paper looks at the reasons behind this reluctance and action being taken to challenge landlords/ agents who operate a ‘no DSS’ policy. The paper includes reference to the recent judgment of District Judge Mark sitting in York County Court, in which she considered the case of a disabled single parent who had an application for private rented housing refused by a letting agent based on her receipt of Housing Benefit. For the paper, click here. For a report of the case in The Guardian, click here. For an article on the Nearly Legal website, click here.

Housing starts and completions: 1 April 2019 to 31 March 2020 – England
On 16 July 2020 Homes England published statistics for housing starts on site and housing completions delivered by Homes England between 1 April 2019 and 31 March 2020.In the financial year 2019-20:

  • There were 47,965 housing starts on site and 40,452 housing completions delivered through programmes managed by Homes England in England (excluding London for all programmes except those administered by Homes England on behalf of the Greater London Authority (GLA)).

  • 35,809 or 75 per cent of housing starts on site were for affordable homes. This represents an increase of 17 per cent on the 30,567 affordable homes started in 2018-19, when they accounted for 66 per cent of all housing starts. The number of affordable starts was the highest since 2009-10.

  • 17,015 affordable homes started were for Affordable Rent, a reduction of 4 per cent on the 17,772 started in 2018-19. A further 11,656 were for Intermediate Affordable Housing schemes, including Shared Ownership and Rent to Buy. This is an increase of 1 per cent on the 11,540 started in 2018-19. 2,399 were for Social Rent, an increase of 91 per cent on the 1,255 started in 2018-19. In addition, a further 4,739 affordable homes started with tenure to be confirmed.

  • Of the affordable homes started in this period, the highest delivering programmes were: Shared Ownership and Affordable Homes Programme 2016-213 with 91 per cent (up from 89 per cent), the Single Land Programme with 4 per cent (up from 2 per cent) and the Affordable Homes Programme 2015-18 with 2 per cent (down from 5 per cent).

  • 28,261 or 70 per cent of housing completions in 2019-20 were for affordable homes. This represents a reduction of 2 per cent on the 28,726 affordable homes completed in 2018-19.

For the statistics, click here. For the response of the Chartered Institute of Housing, click here.

Youth homelessness
On 17 July 2020 Centrepoint published research which found that more than three in four councils surveyed (78 per cent) had seen increases in homelessness in their area since the start of the Covid-19 pandemic, with more than four in ten reporting significant increases in people seeking help. Fewer than a quarter of councils (23 per cent) said that measures had gone far enough to help young people specifically. They highlighted the lack of age-specific emergency accommodation, a lack of support for families and limited housing options as barriers to finding accommodation for young people at this time. For the report, click here. For a blog article about the research, click here.

Registered social landlords business continuity survey: May 2020 – Wales
On 15 July 2020 the Welsh Government published a survey showing how registered social landlords have been affected by the coronavirus pandemic. Whilst RSLs are reporting some increased pressures, none is suggesting there are any unmanageable issues in any aspects of its business. Income is currently holding up reasonably well, although there is an expectation that arrears may increase significantly further into the crisis period as financial support mechanisms such as furlough taper off and end. RSLs are actively stressing their business plans and monitoring financial performance very closely. For the full details, click here.

Housing First – England
On 15 July 2020 a group of leading homelessness stakeholders representing social landlords, local authorities and homelessness services in England came together to highlight their support for scaling up Housing First and set out what is needed from Government to help make that happen. Their statement calls on the Government to:

  • Commit long-term funding for the support services needed to enable 16,500 Housing First tenancies over the current Government term.

  • Ensure there is a supply of suitable homes to meet the scale of need for Housing First and wider housing-led provision to tackle homelessness.

The statement also calls on all social housing providers to support the expansion of Housing First by:

  • Working with commissioners through housing and homelessness partnerships to understand the scale of need locally and agree an allocation of tenancies for commissioned Housing First services.

  • Making the case for a long-term funding framework for sustainable support provision.

  • Working jointly between local authorities and housing associations to increase flexibility in allocations practices outside of usual procedures and using a person-centred approach.

  • Adopting and sharing learning and positive practice on the delivery of homes for high fidelity Housing First.

For the statement, click here.

Updated guidance on best practice for landlords during Covid-19: Housing Ombudsman
On 15 July 2020 the Housing Ombudsman published updated guidance on best practice for member landlords in how to engage with the Ombudsman during the Covid-19 pandemic. For the updated guidance, click here.

Removal of unsafe cladding – Manchester
On 17 July 2020 The Guardian reported that “[l]easeholders in a ‘tinderbox’ apartment block in Manchester have been billed up to £115,000 each to remove unsafe cladding in what is believed to be the biggest charge facing residents since the Grenfell disaster.” Owners of flats in Connect House said they face financial ruin over the £5.2m cost to make the property safe and have called on the Government to intervene. For the report, click here.

Illegal subletting of council home: appeal against conviction dismissed
On 14 July 2020 Wolverhampton City Council reported that an appeal by a tenant against his conviction for dishonestly renting out his Wolverhampton Homes property while he was living elsewhere has been dismissed. The tenant and his mother, who had been found guilty of knowingly assisting her son with the offence, claimed that there was insufficient evidence and that the offences did not happen. Both appeals were dismissed after a two-day hearing at Wolverhampton Crown Court. Both defendants were ordered to undertake 120 hours of unpaid work, with the tenant and mother respectively ordered to pay the council’s costs of £3,000 and £2,250. For the report, click here.

HOUSING LAWS IN THE PIPELINE
 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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HOUSING LAW ARTICLES & PUBLICATIONS
 

No DSS: Landmark court ruling declares housing benefit discrimination is unlawful  Maddy Moore Shelter Blog 14 July 2020 – to read the article, click here

Discrimination and ‘No DSS’ Giles Peaker Nearly Legal 14 July 2020 – to read the article, click here

Learning from mistakes – Ombudsman’s report on homelessness  Mark Prichard Blog 15 July 2020 – to read the article, click here

Diversity is power Rebecca Clarke CIH Blog 15 July 2020 – to read the article, click here

Should I stay or should I go? James Castle Local Government Lawyer 15 July 2020 – to read the article, click here

Social housing regulation in the “new normal” Fiona MacGregor CIH Blog 15 July 2020 – to read the article, click here

Just about managing? Key considerations in affordable housing management James McCormack and Andy Barnard Trowers and Hamlins 15 July 2020 – to read the article, click here

Pre-lockdown cases a priority – NRLA win on possessions Victoria Barker National Residential Landlords Association 17 July 2020 – to read the article, click here

Lifting the stay Anya Newman Local Government Lawyer 17 July 2020 – to read the article, click here

Locked out: youth homelessness during and beyond the Covid-19 pandemic Billy Harding Centrepoint Blog 17 July 2020 – to read the article, click here

Mystery directions Giles Peaker Nearly Legal 18 July 2020 – to read the article, click here

Residential Lease Extensions – Lease Sir, can I have some more? Neil Toner, Elad Yasdi and James Gostling Devonshires 20 July 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
 

22 July 2020                                         
House of Commons rises for summer recess

22 July 2020                                         
Housing Secretary questioned by the Commons Housing, Communities and Local Government Committee

29 July 2020                                         
House of Lords rises for summer recess

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 (see Housing Law News and Policy Issues)

24 August 2020                                    
Possession proceedings to resume

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

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