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HOUSING
LAW NEWS & POLICY ISSUES
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Rough sleeping snapshot in
England: autumn 2020
On 25 February 2021 the MHCLG
published its annual single night
snapshot of the number of people
sleeping rough in local authorities
across England. This year’s snapshot
coincided with a national lockdown
throughout November and the tier
restrictions in October. This is likely
to have impacted people’s risk of rough
sleeping and should be noted when
comparing this year’s figures with
previous years. The snapshot found:
- The number of people estimated to be
sleeping rough on a single night in
autumn has fallen for the third year
in a row from its peak in 2017 but
remains higher than 2010 when the
snapshot approach was introduced.
- There were 2,688 people estimated to
be sleeping rough on a single night in
autumn 2020. This is down by 1,578
people or 37 per cent from last year
and down 43 per cent from the peak in
2017 but is up by 920 people or 52 per
cent since 2010.
- Nearly half (44 per cent) of all
people sleeping rough on a single
night in autumn are in London and the
South East. The largest decrease in
the number of people estimated to be
sleeping rough was in the South East,
where there were 474 people this year
compared to 900 people last year.
- The number of people estimated to be
sleeping rough in London has decreased
for the last two years, and the
decrease between 2019 and 2020 is the
largest in London since the series
began in 2010. There were 714 people
estimated to be sleeping rough in
London on a single night in autumn
2020. This is down by 422 people or 37
per cent from last year. The North
East of England was the only region
where there was a very small increase
in the number of people sleeping
rough. All other regions decreased.
- Most people sleeping rough in
England are male, aged over 26 years
old and from the UK. This is similar
to previous years.
For the full figures, click
here. For comment by
the Local Government Association, click
here. For the response
of Crisis, click
here;
and for that of Homeless Link, click
here.
Rough sleeping and the Vagrancy
Act: Commons debate
On 25 February 2021 the House
of Commons held a debate on rough
sleeping. During the course of the
debate, the Housing Secretary, Robert
Jenrick, responding to an intervention
by Nickie Aiken, said:
“It is my opinion that the Vagrancy Act
should be repealed. It is an antiquated
piece of legislation whose time has been
and gone. We should consider carefully
whether better, more modern legislation
could be introduced to preserve some
aspects of it, but the Act itself, I
think, should be consigned to history.”
For the Hansard record of the debate, click
here.
‘Eviction orders being issued
despite UK government Covid pledge’: Guardian
On 28 February 2021 the Guardian
reported that eviction orders are being
issued to tenants in rent arrears
because of the pandemic despite a
promise by the Housing Secretary, Robert
Jenrick, that “no renter who has lost
income due to coronavirus will be forced
out of their home”. The Public Health
(Coronavirus) (Protection from Eviction)
(England) Regulations 2021, which
generally extended the ban on evictions,
amended the exemption from the provision
for ‘substantial rent arrears’ from nine
months’ rent arrears prior to the
pandemic to six months’ rent arrears.
For the article, click
here.
The Homelessness Monitor:
England 2021
On 1 March 2021 Crisis
published the Homelessness Monitor:
England 2021 which found that
thanks to temporary protective measures
(especially income protection programmes
and eviction moratoria), the Covid-19
pandemic triggered no immediate overall
increase in homelessness applications.
The number judged as threatened with
homelessness between April-June 2020
fell 35 per cent on the previous
quarter. Temporary accommodation
placements surged, however, particularly
of single homeless people, as a result
of the emergency measures to protect
people at risk of rough sleeping
(‘Everyone In’) during the pandemic.
Local authorities agreed as to the
combined impact that key policies such
as raising the Local Housing Allowance
(LHA) and suspending evictions have had
in preventing homelessness during the
pandemic. Despite this progress, the
pandemic has further exposed England’s
severe shortage of affordable homes.
Access to long-term housing was the
capacity challenge most widely seen as
having been posed (or emphasised) by the
pandemic by local authorities. For the
report, click
here.
Cladding remediation proposals
On 1 March 2021 the Commons Housing,
Communities and Local Government
Committee held a session examining the
likely impact of the Government’s
measures to support the removal of
unsafe cladding from residential
buildings. The Committee sought to gain
the perspectives of a range of
stakeholders, including homeowners,
building managers, housebuilders and
local authorities. To watch the session,
click
here.
Domestic Abuse Bill
On 1 March 2021 the Government announced
that it would present a raft of new
amendments to the Domestic Abuse Bill,
providing greater protections for
victims. The proposals include making
non-fatal strangulation a specific
criminal offence, punishable by up to
five years in prison. The act typically
involves an abuser strangling or
intentionally affecting their victim’s
breathing in an attempt to control or
intimidate them. The announcement
follows concerns that perpetrators were
avoiding punishment as the practice can
often leave no visible injury, making it
harder to prosecute under existing
offences. The Government will also
strengthen legislation around
controlling or coercive behaviour, no
longer making it a requirement for
abusers and victims to live together.
For the announcement, click
here. For the bill in
its current form, click
here.
Housing Benefit (Persons who
have attained the qualifying age for
state pension credit) (Amendment)
Regulations 2021
These Regulations, which come
into force on 1 April 2021, amend the
Housing Benefit (Persons who have
attained the qualifying age for state
pension credit) Regulations 2006 to
include new rates of housing benefit for
those not subject to the transitional
protection associated with the removal
of the savings credit uplift (the
uplift). The savings credit element of
state pension credit was abolished for
people reaching state pension age from 6
April 2016 when the new state pension
was introduced, but it was decided to
retain the higher personal allowances in
housing benefit for a further five
years. Where an individual person, both
members of a couple, or all members of a
marriage attain pensionable age on or
after 1 April 2021, they will not
receive the uplift. Where one or more
members of a household attained
pensionable age before 1 April 2021, the
benefit unit will continue to receive
the uplift.
Regulation 2(2) amends the 2006
Regulations so that the uplift is
maintained for those who are already
receiving it. Regulation 2(3) describes
the categories of those who will not
receive the uplift going forward and
sets out the amount of housing benefit
they will receive instead. For the 2021
Regulations, click
here. For the 2006
Regulations, click
here.
Mobilising Housing First toolkit
On 25 February 2021 the MHCLG
published the Mobilising Housing First
toolkit which provides information for
those looking to implement Housing First
at a regional or local level. It
includes examples of good practice in
the pilot areas to help other services
design and deliver Housing First. For
the toolkit, click
here.
Social Housing Sales: April 2019
to March 2020 – England
On 23 February 2021 the MHCLG published
statistics on the number of sales of
existing social housing stock in England
for 2019 to 2020. They show:
- In 2019-20, there were 24,120 sales
of social housing dwellings, a 1.7 per
cent increase compared to 2018-19
(23,710).
- Local authorities were responsible
for 44 per cent of social housing
sales in 2019-20, a proportion that
has been dropping since 2017-18.
- In 2019-20, there were 4,676
demolitions of social housing stock
held by local authorities and private
registered providers. There has been a
general decrease in number of
demolitions since 2001-02.
- There were 10,569 sales by local
authorities under Right to Buy, and
4,689 sales by private registered
providers under Preserved and
Voluntary Right to Buy.
- Sales under all Right to Buy schemes
constituted 63 per cent of all social
housing sales in 2019-20, and this is
consistent with recent years (62 per
cent in 2018-19, 65 per cent in
2017-18).
- In 2019-20, local authority Right to
Buy sales had an average discount of
43 per cent of the selling price, 16
percentage points higher than in
2011-12 (pre-reinvigoration).
- Private registered provider Right to
Buy sales had an average discount of
51 per cent of the selling price, 20
percentage points higher than in
2011-12 (pre-reinvigoration).
For the full statistics, click
here. For tables on the
sales of social housing stock, organised
by various criteria, click
here.
Tackling loneliness
On 22 February 2021 the House of Commons
Library published a briefing paper
concerning the Government's Loneliness
Strategy which was published in October
2018. The Strategy set out a wide
variety of cross-departmental measures
that the Government would take to
provide 'national leadership' to tackle
loneliness in England. As well as
explaining the Strategy and the steps
taken so far by the Government, the
briefing also looks at research into the
causes and impact of loneliness and
possible interventions. The impact of
the Covid-19 pandemic on loneliness is
also considered, alongside the measures
introduced by the Government in
response. Finally, the paper briefly
outlines the situation in Wales,
Scotland and Northern Ireland. For the
briefing, click
here.
Registered provider social
housing stock and rents 2019 to 2020 –
England
On 23 February 2021 the Regulator for
Social Housing published details of the
stock owned by registered providers of
social housing in England on 31 March
2020. The key facts are:
- There are 4.4m units of social stock
owned by registered providers (RPs).
Private registered providers (PRPs)
own 2.8m units compared to 1.6m units
owned by local authority registered
providers (LARPs).
- 84 per cent of social stock is
general needs. Most social stock owned
by RPs is general needs low cost
rental (including Affordable Rent) (84
per cent or 3.66 million units).
Proportionally more LARP owned stock
is general needs (93 per cent) than
PRP owned stock (78 per cent).
- There has been a 0.3 per cent
increase in overall low cost rental
stock since 2019. This has been driven
by the 28,218 unit increase in
Affordable Rent units (which offsets
the 15,647 reduction in social rent
units).
- There has been a near 4 per cent
reduction in average rents since 2016.
LARPs and PRPs both report average net
rent falls of nearly 4 per cent for
their general needs social rent stock.
For the release, click
here. For comment by
the Regulator, click
here.
Private renting and energy
efficiency
On 25 February 2021 Generation Rent
reported research from the Generation
Rent Renters' Panel which found that
two-thirds of private renters need much
stronger energy efficiency standards if
they are to enjoy warmer homes that are
affordable to heat and free of damp and
mould. For the research, which has
identified barriers to better insulated
homes, click
here. For comment by
the National Residential Landlords
Association on the issue of energy
efficiency in privately rented
properties, click
here.
Housing Ombudsman: elderly
resident had no heating or hot water
for almost three years
On 24 February 2021 the Housing
Ombudsman reported that it had found
severe maladministration by Woking
Borough Council in a case where an
elderly resident had no heating or hot
water for almost three years. The
Ombudsman found several missed
opportunities by the landlord to try to
resolve the matter and limited action to
check the resident’s welfare. The annual
gas checks were in line with the
landlord’s obligations, but it was not
appropriate to comply with these alone.
The landlord was ordered to pay the
resident £6,000 compensation. For the
report, click
here.
Hundreds of letting agents face
fines in London-wide enforcement
operation
On 22 February 2021 London Trading
Standards reported that hundreds of
letting agents are being issued with fines
of up to £30,000 by council trading
standards officers in a London-wide
enforcement operation aiming to crack down
on rogue elements within the renting
sector. The fines relate to failures by
the letting agents to register with an
approved Client Money Protection scheme to
ensure that tenant and/or landlord money
is protected should the business fail. For
the report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 Bill was agreed by the Senedd
on 23 February 2021. The Bill is now in
the four week period (24 February – 23
March 2021) during which, the Counsel
General or the Attorney General may
refer the question whether the Bill, or
any provision of the Bill, would be
within the Assembly’s legislative
competence to the Supreme Court for
decision (section 112 of the Government
of Wales Act). Similarly, the Secretary
of State for Wales may make an order
prohibiting the Presiding Officer from
submitting the Bill for Royal Assent.
For impact assessments, click
here. For the bill as
amended at Stage 3, all other documents
relating to it, and to follow progress
on 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 was on 28
January 2021. The House of Lords have
returned the Bill to the House of
Commons with amendments. The House of
Commons considered the Lords Amendments
on the floor of the House on 24 February
2021 and disagreed to them with reasons.
The Bill will be returned to the House
of Lords for further consideration. For
the bill, as amended by the 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.
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 House of
Commons considered the Lords Amendments
on the floor of the House on 24 February
2021 and disagreed with reasons. The
Bill will return to the House of Lords
for further consideration. 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 Accommodation
Bill
This private member’s bill, sponsored by
Steve McCabe, would require developers
to disclose for planning purposes an
intention to use a building for
supported housing or other accommodation
that is specified for the purposes of
Universal Credit and Housing Benefit;
establish a suitability test for
accommodation proposed for such use; and
make provision about the fitness of
persons to be landlords or managers of
supported or other specified
accommodation. The bill had its first
reading on 18 November 2020 and is due
to have its second reading on a date to
be announced. The bill is being prepared
for publication. 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. The second reading has
been further postponed to a date to be
announced. 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 a date to be announced. 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 a date to be announced. 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 a date to be announced. 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 a date to be
announced. 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 a date to be announced. 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 further postponed to a
date to be announced. 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 a date to be announced. 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 has been postponed to a date to
be announced. 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 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.
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.
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 a
date to be announced. 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 a
date to be announced. To follow progress
of the bill, click
here.
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Ficcara & Ors v James (HOUSING
– RENT REPAYMENT ORDER) [2021] UKUT 38
(LC) (20 February 2021)
This appeal centred on the question of
whether tenants can obtain more than one
rent repayment order under Chapter 4 of
Part 2, Housing and Planning Act 2016 in
circumstances where a landlord has
committed several offences under Chapter
4 of the 2016 Act.
At first instance, the First-tier
Tribunal (Property Chamber) (FFT) was
satisfied that the landlord had
committed three separate offences but
made only one rent repayment order in
favour of each of the four former
tenants. The Upper Tribunal upheld this
decision concluding that 12 months’ rent
is the maximum which a landlord can be
ordered to repay on an application under
s.41, irrespective of the number, timing
or duration of the offences committed.
The Law
The issue raised in this appeal was
principally the interpretation of
sections 40, 43 and 44 Housing and
Planning Act 2016.
Section 40(1) states:
“(1) This Chapter confers power on the
First-tier Tribunal to make a rent
repayment order where a landlord has
committed an offence to which this
Chapter applies.”
The seven offences to which Chapter 4
applies are identified in section 40(3);
in short, relating to violence or
harassment, failure to comply with an
improvement notice or a prohibition
order, or being on control or management
of an unlicensed HMO or house and breach
of a banning order contrary to section
21 of the 2016 Act.
Section 40(2) outlines:
“A rent repayment order is an order
requiring the landlord under a tenancy
of housing in England to—
(a) repay an amount of rent paid by a
tenant, or
(b) pay a local housing authority an
amount in respect of a relevant award of
universal credit paid (to any person) in
respect of rent under the tenancy.”
Where the FTT decides to make a rent
repayment order, section 44 outlines the
framework for determining that amount.
Section 44(3) imposes a cap in any
award, as follows:
“The amount that the landlord may be
required to repay in respect of a period
must not exceed—
(a) the rent paid in respect of that
period, less
(b) any relevant award of universal
credit paid (to any person) in respect
of rent under the tenancy during that
period.”
Section 44(4) also outlines factors to
be taken into account in determining the
amount to be repaid, in particular the
conduct of the landlord and the tenant,
the financial circumstances of the
landlord, and whether the landlord has
at any time been convicted of an offence
to which Chapter 4 applies.
The Facts
The property, 28 Malden Crescent, is a
three-bedroomed former council flat in
Camden. The appellant landlord was the
registered proprietor of the long lease
of the flat, and provided four tenancy
agreements to the respondent tenants in
July and August 2018. On 12th November
2019, each of the four former tenants
applied to the FTT for a rent repayment
order under s.41 HPA 2016, alleging that
the landlord had committed three
offences to which Chapter 4 of the 2016
Act applied, namely:
- Contrary to s.72(1), Housing Act
2004, the landlord had control/ was
the person managing a house in
multiple occupation which was required
to be licensed but was not licensed,
- Contrary to s.1(3) and 1(3A),
Protection from Eviction Act 1977, the
landlord had done acts likely to
interfere with the peace or comfort of
the tenants with intent to cause them
to give up the occupation of the flat
or to refrain from exercising rights
or pursuing remedies in respect of it,
and
- Contrary to s.1(2) of the 1977 Act,
the landlord had unlawfully deprived
the tenants of their occupation of the
flat without reasonable cause to
believe that they had ceased to reside
there.
Decision of the FTT
The FTT was satisfied beyond a
reasonable doubt that the appellant had
committed the three relevant offences
and by virtue of s.42(1) it had the
power to make rent repayment orders in
favour of each of the tenants. The FTT
however rejected the argument that there
should be separate rent repayment orders
for each of the three offences,
determining that the Tribunal only had
the power to award one rent repayment
order per tenant regardless of the
number of offences committed. The fact
that multiple offences had been
committed was a factor that could be
taken into account as relevant conduct
on the part of the landlord when
determining the amount to be repaid
under section 44(4) but the total amount
ordered could not exceed 12 months’
rent.
Decision of the Upper Tribunal
The Upper Tribunal agreed with the FTT
and considered that the proper
interpretation of s. 44(3) is that the
amount repayable in respect of a single
period may not exceed the rent paid
during that period, no matter how many
offences are committed. The Upper
Tribunal outlined that very clear
guidance is provided by s.44 as to the
amount which may be ordered to be repaid
under a rent repayment order and it is
significant the limit imposed by s.44(3)
is expressed by reference to the rent
paid in respect of a period of time
rather than by reference to a particular
offence.
As to the point of unfairness to tenants
who had suffered numerous offences to be
limited to a single rent repayment
order, the Upper Tribunal noted that the
purpose of repayment orders is primarily
to deter landlords rather than to
compensate tenants and that a tenant has
additional rights to claim loss or
damage resulting from an unlawful
eviction or breach of repairing
obligations. Moreover, if more than one
offence has been committed, the FTT may
properly take that into account under
s.44(4) when considering the relevant
amount to order.
As to the potential for a number of
offences occurring over different
periods to be aggregated to exceed 12
months, the Upper Tribunal considered
that had Parliament intended that more
than 12 months’ rent could be repayable
this would have been clearly set out in
section 44(3). It followed, the Upper
Tribunal considered that 12 months’ rent
was the maximum that could be awarded
under section 41, irrespective of the
number, timing or duration of the
offences committed.
On a final point, the Upper Tribunal
observed it had not been considered in
this appeal whether, absent aggravating
or mitigating factors, the direction in
section 44(2) that the amount must
“relate” to the rent paid during the
relevant period should be interpreted as
the amount must “equate” to that rent.
The tribunal noting that issue would
have to await a future appeal, but in
the meantime observed that Vadamalayan
v Stewart [2020] UKUT 183
(LC) should not be treated as conclusive
on the exercise of the discretion which
s.44 requires, where the rent paid by
the tenant was described as “the obvious
starting point” for the repayment order.
Summary by Henry
Percy-Raine, barrister,
Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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Right to Regenerate: reform of
the Right to Contest
This consultation is to help to
shape a reform of the Right to Contest,
in order to encourage the right to be
utilised more effectively and more
widely to stimulate regeneration and the
more productive use of land. Strand 2 of
the Community Right to Contest allows
members of the public to request that
the government directs the disposal of
unused or underused land, including
vacant homes and garages, owned by
public bodies. This right is
little-known and little-used, with only
one direction to dispose issued since
2014.
The aim of this consultation, which will
close on 13 March 2021,
is to strengthen the right and make it
simpler to use as the new ‘Right to
Regenerate’. This will provide a quicker
and easier route for individuals,
businesses and organisations to
identify, purchase and redevelop
underused or empty land in their area.
In turn, the strengthened right will
support greater regeneration of
brownfield land, boost housing supply
and empower people to turn blights and
empty spaces in their areas into more
beautiful developments. For the
consultation document, click
here.
Safer buildings in Wales
The Welsh Government is
consulting on proposals for comprehensive
reform of legislation that contributes to
building safety in Wales. It focuses on
legislative change across the lifecycle of
buildings as well as setting out
aspirations for culture change in the way
buildings are designed, constructed and
managed. The consultation ends on 12
April 2021. For the
consultation documents, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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|
Now is the time for a
national Housing First programme Sarah
Rowe CIH Blog 25 February 2021
– to read the article, click
here
Fixing the economy starts
with home Robin White
Shelter Blog 1 March 2021 – to
read the article, click
here
Housing case law update -
February 2021 Daniel
Skinner, Katrina Robinson and Kirsten
Taylor Local Government Lawyer
1 March 2021 – to read the article, click
here
Housing: recent developments
(March 21) Sam
Madge-Wyld and Jan Luba QC Legal
Action February 2021 – to read
the article (subscription required), click
here
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3 March 2021
Spring Budget
8 March 2021
Report stage in the House of Lords of
the Domestic Abuse Bill
13 March 2021
Closing date for submissions to the
consultation on Right to Regenerate:
reform of the Right to Contest (see Housing
Law Consultations)
15 March 2021
Loans for Mortgage Interest (Amendment)
Regulations 2021 come into force
23 March 2021
End for the four-week period during
which, the Counsel General or the
Attorney General may refer the question
whether the Renting Homes (Amendment)
(Wales) Bill would be within the
Assembly’s legislative competence to the
Supreme Court for decision Bill (see Housing
Laws in the Pipeline)
1 April 2021
Housing Benefit (Persons who have attained
the qualifying age for state pension
credit) (Amendment) Regulations 2021 come
into force
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