23rd September 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Resumption of possession cases on 21 September 2020
On 17 September 2020 the Master of the Rolls, Sir Terence Etherton, issued a statement concerning the resumption of possession proceedings on 21 September 2020. Sir Terence said that since June, a group appointed by him – comprising judges, court staff, government officials, legal representatives, the advice sector, and those representing landlords and tenants, mortgage lenders and borrowers – has been working to ensure that the courts are as prepared as they can be for the resumption of possession proceedings. The working group has now released:

  • Guidance on prioritisation, to which Sir Terence has asked judges to have regard when listing possession cases in the county court; and
  • An Overall Arrangements document, which sets out a summary of the areas of the process which the working group has considered.

For Sir Terence’s statement and the above-mentioned documents, click here. For a page on the Shelter website explaining how claimants and/or defendants can apply from 21 September 2020 to reactivate proceedings that have been stayed under the rules in place until 20 September 2020, click here. For an article in The Guardian about the resumption of possession proceedings, click here.

Citizens Advice: help for renters worried about eviction
On 17 September 2020 Citizens Advice released figures suggesting that concern is building amongst renters about the possibility of losing their home:

  • The number of people seeking help from Citizens Advice about issues to do with private rented properties increased by 43 per cent between summer (June to August) 2020 and the same period last year.
  • Over the same period, the number of visits to Citizens Advice’s webpage “Dealing with Rent Arrears” more than doubled year on year.
  • Previous research from the charity has suggested that over a million people have fallen behind on their rent due to Covid-19.

For the press release (including “the top five ‘need-to-knows’ for renters in England worried about staying in their home”), click here.

‘Golden Rules’ published by NRLA

On 18 September 2020 the National Residential Landlords Association published ‘Golden Rules’ intended to sustain tenancies in the rental housing market. The document provides “practical advice and support to sustain tenancies where tenants are facing financial difficulties. It includes ensuring that tenants and landlords properly communicate with each other as soon as a problem arises, that the landlord understands the tenant’s needs and circumstances, and that suitable arrangements can be agreed where possible to address rent arrears that might be building. This could include supporting tenants to access financial support that might be available, making use of guarantors or developing suitable rent repayment schedules”. For further details, click here.

For the ‘Golden Rules’ themselves, click here.

Draft Building Safety Bill: Pre-legislative scrutiny

On 21 September 2020 the Commons Housing, Communities and Local Government Committee continued its pre-legislative scrutiny of the draft Building Safety Bill. The first panel of the session investigated the measures within the draft Bill designed to improve the safety of building materials. The second examined proposed reforms for strengthening building control, including the role of local authorities in ensuring buildings are safe and the future relationship with the proposed Regulator to provide a comprehensive building safety regime. To watch the session, click here. For more details, click here.

Grenfell Tower safety works
In early July 2020 the MHCLG published information about upcoming safety works in Grenfell Tower. Contractors will install new ‘props’ – aluminium, weight-bearing supports that are commonly used in buildings – to supplement those that were installed shortly after the fire. The MHCLG says that the Tower is safe, and these works will ensure its stability until a decision is made about its future.

At an online event on 27 July, panel members – including a member of the Grenfell Tower site management team and one of the external contractors responsible for safety on site – took questions from the community. On 17 September 2020 the MHCLG published a document in which those questions have been summarised, grouped into themes and responded to. For that document, click here.

Housing support for vulnerable people
On 16 September 2020 the MHCLG announced that 274 local councils will share £91.5 million of government funding “to ensure interim accommodation and support for the most vulnerable people, including by helping people into the private rented sector, secure interim accommodation such as supported housing, and assess the wider support these people need in order to rebuild their lives”. An additional £13.5 million fund will be used to enable local authorities to tackle new or emerging challenges.

Separately, applications are now being considered for a further £161 million fund intended to provide over 3,300 additional supported homes this year for those sleeping rough or currently housed in emergency accommodation. The bidding has now closed and details on successful bids will be announced in due course. For more details about these announcements, click here.

Funding of domestic abuse charities

On 16 September 2020 the Minister for Rough Sleeping and Housing, Kelly Tolhurst, announced that a further 25 charities will receive a share of £1 million boost as part of the Government’s £10 million emergency fund to support domestic abuse victims and their families during the pandemic. This emergency funding will support those providers facing the most difficulties during the pandemic and help to provide over 1,500 new beds and re-open 344 bed-spaces. For the announcement, click here.

Coronavirus: A ban on evictions and help for rough sleepers

On 20 September 2020 the House of Commons Library re-published its briefing paper explaining the  measures taken by the Government during the coronavirus outbreak to assist households to retain their homes and enable local authorities to tackle the specific challenges faced by rough sleepers. The paper covers lifting of the ban on evictions from 20 September in England and Wales and the introduction of extended notice periods. The paper is being updated regularly to take account of new developments. For the paper, click here.

Leadership in Housing: CIH report

On 17 September 2020 the Chartered Institute of Housing and The Institute of Leadership and Management published a report –  Leadership in Housing – a looming capability gap? – offering six key recommendations to enable CIH, together with housing organisations across the sector, to develop the next generation of housing leaders. CIH recognises that the sector faces a growing challenge in developing the next generation of leaders. It says: “This leadership gap has been growing for some time. In part this gap has stemmed from future leaders not always being given the opportunity to develop the skills and experience necessary to make the transition to the most senior leadership roles. This report sets out key steps we want to take with our members, stakeholders and partners to equip the next generation of housing leaders with the skills they need.” For the announcement of publication, click here. For the report itself, click here.

Covid-19 Homelessness Response Fund deadline extended
On 14 September 2020 Homeless Link announced that the deadline for applications for the Covid-19 Homelessness Response Fund, which was due to close on 14 September 2020, has been extended to 28 September 2020. For more details, click here.

Regulator of Social Housing statement on coronavirus (Covid-19)
On 17 September 2020 the Regulator of Social Housing published a report following responses to its fifth Coronavirus Operational Response Survey (for August 2020). Providers’ responses show that the delivery of services remained stable and backlogs in repairs and health and safety checks were improving overall. In areas with local lockdown restrictions, a small number of providers have reverted to an emergency-only repairs service, and reported some increasing backlogs in health and safety checks. For a webpage setting out RSH statements on coronavirus (Covid-19), click here

Help to Buy – Wales

On 18 September 2020 the Welsh Government issued a cabinet statement that it will extend Help to Buy in Wales at least until March 2022.  Subject to the outcome of the UK Government’s Comprehensive Spending Review in the autumn, it is the Welsh Government’s intention to extend Help to Buy Wales until March 2023. Phase three of Help to Buy Wales will address some criticisms of the scheme: it will reduce the price cap from £300k to £250k; it will not be restricted to first time buyers, as is proposed in England; and homes will need to be of good quality and will need to be ‘broadband ready’. These changes will be introduced from April 2021. For the cabinet statement, click here. For a list of lenders participating in the scheme, click here.

Temporary increase of notice period for eviction to be extended – Wales
On 15 September the Welsh Government announced that notice periods in relation to all tenancies, which had been due to return to their pre-Covid position after 30 September, will now be set at six months. However, where the reason for giving notice relates to anti-social behaviour or domestic violence, notice periods will revert to the pre-Covid position. These arrangements will be reviewed in December 2020. The extension is part of a wider package of Welsh Government funded measures to protect both tenants and landlords from the effects of the pandemic which include:

  • a new low interest loan for tenants in rent arrears or struggling to pay their rent arrears because of Covid-19. The loan will be paid directly to landlords or agents and can be repaid over a period of up to five years at a rate of 1 per cent APR; and
  • a private rented sector helpline run by Citizens Advice Cymru for tenants struggling with rent, income or housing benefits to advise tenants on ways in which they can maximise their income and manage debt – with a view to helping them pay their rent if they can and hold on to their tenancies.

For the announcement, click here.

Dwelling stock estimates: as at 31 March 2020 – Wales

On 17 September 2020 the Welsh Government published estimates of the number of dwellings in Wales by tenure and for each local authority as at 31 March 2020 (subject to the caveat that due to the coronavirus pandemic there is greater uncertainty surrounding the dwelling stock estimates for March 2020). The main points are:

  • There were an estimated 1,437,600 dwellings in Wales, an increase of 5 per cent compared to 2010.
  • Owner-occupied stock has continued to increase in the past decade and accounted for 70 per cent of all dwelling stock in March 2020.
  • Privately rented stock has also increased in the past ten years and accounted for 14 per cent of all dwelling stock at March 2020.
  • Registered social landlord stock has continued to increase over the same time period and accounted for 10 per cent of all dwelling stock at March 2020.
  • Local authority stock has remained fairly stable since 2016 and accounted for 6 per cent of all dwelling stock at March 2020.
  • The proportion of dwelling stock accounted for by each tenure has remained constant since 2012.

For the full statistics, click here.

Call for two-year rent freeze – London

On 16 September 2020 the Mayor of London, Sadiq Khan, wrote to the Housing Secretary, Robert Jenrick, calling on the Government to give the Mayor powers to freeze private rents in London for two years as the economic fallout from Covid-19 continues. Recent research from the GLA and YouGov estimated that a quarter of London’s 2.2 million privately renting adults have fallen behind on their rent, or say they are likely to do so as a direct result of the pandemic. More than a third of private renters polled said they thought the pandemic was having a ‘large impact’ on their personal finances, with half a million Londoners now potentially facing eviction. For more details, click here. For the response of the National Residential Landlords Association, click here.

HOUSING LAWS IN THE PIPELINE
 

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 and is scheduled to receive its second reading on 5 February 2021. The bill is being prepared for publication. To follow progress of the bill, click here.

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. It will receive its second reading on a date to be announced. For the bill, as introduced in the House of Lords, click here. To read debates on all stages of the bill, 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 now take place on 25 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 20 July 2020. The Finance Committee considered the bill on 14 September 2020. The Business Committee will report on its scrutiny of the bill by 2 October 2020. 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.

Raising accessibility standards for new homes
This consultation considers how to raise accessibility standards, recognising the importance of suitable homes for older and disabled people. In particular, it considers how the existing optional accessible and adaptable standard for homes and the wheelchair user standard are used and whether government should mandate a higher standard or reconsider the way the existing optional standards are used. The consultation closes on 1 December 2020. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Possession claims – More new things and yet more to come Giles Peaker Nearly Legal 15 September 2020 – to read the article, click here

Yet more on possession claims Giles Peaker Nearly Legal 17 September 2020 – to read the article, click here

55,000 households left with no protection
Dan Wilson Craw Generation Rent 18 September 2020 – to read the article, click here

Flattening the curve
Simon Mullings Legal Action September 2020 – to read the article, click here

Homelessness in post-coronavirus England
Liz Davies Legal Action September 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
 

25 September 2020                              
Re-scheduled second reading of Domestic Properties (Minimum Energy Performance) Bill (see Housing Laws in the Pipeline)

28 September 2020
Extended deadline for applications to Homeless Link’s Covid-19 Homelessness Response Fund (see Housing Law News and Policy Issues)

2 October 2020                                     
Business Committee of the National assembly of Wales to report on its scrutiny of Renting Homes (Amendment) (Wales) Bill (see Housing Laws in the Pipeline)

6 October 2020
Earliest date for evictions (claimants who have already obtained a warrant following an existing possession order, and allowing 14 days’ notice, and assuming no outstanding application to suspend or stay the warrant).

11 October 2020                                   
Deadline for submission to consultation on Intermediate Homes for London (see Housing Law Consultations)

19 October 2020
First Review Dates (allowing 21 days’ notice); see Overall Arrangements Document issued by the Master of the Rolls (Housing Law News and Policy Issues).

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