HOUSING LAW NEWS & POLICY ISSUES

Building Safety Bill
On 5 July 2021 the Government published the Building Safety Bill which has now commenced its legislative passage through Parliament. Housing Law Week will follow its passage in the Housing Laws in the Pipeline section (below). The Government says that the Bill will:

• ensure there are clearly identified people responsible for safety during the design, build and occupation of a high-rise residential building;
• establish a Building Safety Regulator to hold to account those who break the rules and are not properly managing building safety risks, including taking enforcement action where needed;
• give residents in these buildings more routes to raise concerns about safety, and mechanisms to ensure their concerns will be heard and taken seriously;
• extend rights to compensation for substandard workmanship and unacceptable defects; and
• drive the culture change needed across the industry to enable the design and construction of high-quality, safe homes in the years to come.

For the Bill, click here. For the MHCLG’s press release announcing its publication, click here. For a transition plan outlining an indicative timeline for commencing the key provisions of the Bill, click here. For draft regulations relating to the Bill, click here. For the Government response to the Housing, Communities and Local Government Committee's pre-legislative scrutiny of the Bill, click here.

Building Safety Regulator
As noted above, on 5 July 2021 the MHCLG announced that the Building Safety Bill will provide for the establishment of a Building Safety Regulator who will oversee the new regime introduced by the legislation and will be responsible for ensuring that any building safety risks in new and existing high rise residential buildings of 18m and above are effectively managed and resolved, taking cost into account. For the announcement, click here.

High rise residntial buildings with dangerous cladding
On 4 July 2021 the Housing Secretary, Robert Jenrick, said that the Building Safety Bill would allow residents 15 years from the date of a building’s construction to sue for the cost of removing dangerous cladding. The proposal has been criticised on the basis that a resident of a home built in 2006 could sue this year, but not any later because of the 15-year limit. The Guardian reports that residents in at least 239 buildings will not be able to take advantage because their buildings are too old, according to research by the UK Cladding Action Group. For the report, click here.

Lifting of restrictions on evictions in England and Covid-19 related rent arrears
On 30 June 2021 the Commons Select Committee on Housing, Communities and Local Government published a letter from the Minister for Rough Sleeping and Housing concerning the lifting of restrictions on evictions in England and Covid-19 related rent arrears. The Minister confirms that it is the Government’s intention “that notice periods will return to their pre-Covid lengths from 1 October 2021” but will be kept under review. For the letter, click here.

Encampments and the Police, Crime, Sentencing and Courts Bill
On 2 July 2021 the Parliamentary Human Rights Committee published a report on Part 4 of the Police, Crime, Sentencing and Courts Bill which relates to the criminalisation of unauthorised encampments. The Committee calls on the Government to:

• reintroduce the statutory duty on local authorities to make adequate provision for sites for traveller communities;
• amend the Bill so that a criminal offence is only committed where an adequate authorised site had been made available by the local authority;
• amend the Bill so that a caravan cannot be seized if it is a person’s principal home and they would have nowhere else to live; and
• ensure the legislation is sufficiently clear for the police to enforce its provisions.

For the report, click here. For comment by the Chair of the Committee, click here.

Legal aid: extension of temporary changes to housing claims
On 1 July 2021 the Legal Aid Agency announced that it is extending temporary arrangements for housing claims under the 2018 standard civil contract. Changes affecting housing claims submitted from 13 April 2021 will now run until 30 September 2021 instead of 30 June as originally intended. The changes allow providers to make claims where their actual costs reach the same value as the fixed £157 fee. These ‘incurred profit costs’ are calculated in accordance with the relevant hourly rates set out in the remuneration regulations. This amendment also means that claims in respect of disbursements on these cases may also be submitted. For more details, click here.

Regional and local support for litigants in person
On 1 July 2021 the Ministry of Justice announced that that the Legal Support for Litigants in Person (LSLIP) grant is fully underway, funding 11 projects across more than 50 organisations at local, regional and national levels to help people to identify issues as early as possible, to prevent them from getting worse, and to support people where they do need to attend court. For the Ministry of Justice's press release, click here.

First Homes available for key workers and first time buyers – Cannock, Staffordshire
On 3 July 2021 the MHCLG announced that ten First Homes had been made available for sale in Cannock, Staffordshire to support key workers and first time buyers who struggle to afford market prices in their area. Further sites are set to launch across the country in the coming months. It is planned that a further 1,500 will join the market from the end of the year, with up to 60,000 First Homes projected to be built across England and Wales by 2029-30. For the announcement, click here.

Housing supply: indicators of new supply – England: January to March 2021
On 30 June 2021 the MHCLG published indicators on the levels of and trends in new housing supply in England. The number of dwellings where, according to building control figures, building work has started on site was 46,010 in January to March 2021. This is a 7 per cent increase when compared to last quarter and is the highest number of quarterly starts since January to March 2007. The number of dwellings completed, according to building control figures, was 49,470 in January to March 2021. This is a 4 per cent increase when compared to last quarter. This is the highest quarterly completions figure since the beginning of the seasonally adjusted series in 2000. For the release of indicators, click here. For the MHCLG’s press release, click here.

Domestic abuse: Support for victims and survivors
On 2 July 2021 the House of Commons Library published a briefing paper explaining the varied support available for victims and survivors of domestic abuse. This includes support from housing and social security agencies, and specialist domestic abuse support services such as Independent Domestic Violence Advisers (IDVAs) and refuges. For the paper, click here.

Homelessness: 430 per cent increase in B&B spend
On 3 July 2021 the Local Government Association reported on analysis by it which shows that councils in England spent £142 million placing homeless households in bed and breakfasts in 2019/20, compared with £26.7 million in 2010/11 – a 430 per cent increase. Currently, there are, says the LGA, 10,510 households in bed and breakfasts, according to provisional data, compared with 2,310 a decade ago – more than a 350 per cent increase. The LGA is calling for the Government to reform Right to Buy so that councils can retain 100 per cent of receipts, have flexibility to combine right to receipts with other Government grants and be able to set the size of discounts locally. For more information, click here.

ARCH/NFA Welfare Reform Survey 2021
On 30 June 2021 ARCH and NFA published the Welfare Reform Survey 2021, Heads Above Water. It finds little increase in council housing debt but detects symptoms of a, so far, less obvious and worrying pandemic impact that may soon drive up rent arrears across the social housing sector. Income officers from councils and Almos have reported increased use of foodbanks, increased fuel poverty, increased demand for money/debt advice services and increased demand for hardship funds. Other surveys in the private rented sector suggest that a significant spike in homelessness may be around the corner if rising rent arrears in the private rented sector spark evictions once government support ends. To read the report, click here. For comment by ARCH and NFA, click here.

Rough sleeping– London
On 30 June 2021 the Combined Homelessness and Information Network (CHAIN) published annual statistics for 2020/21, showing levels of rough sleeping across London between April 2020 and March 2021. The statistics show:

• A total of 11,018 people were seen rough sleeping in London during 2020/21. This is a 3 per cent increase compared to the total of 10,726 people seen in 2019/20.
• 7,531 people were seen rough sleeping for the first time this year, ​representing 68 per cent of all people seen sleeping rough. This is a 7 per cent increase on the number of new rough sleepers in 2019/20.
• New rough sleepers are the group which has shown the greatest increase compared to 2019/20.
• There has been a 94 per cent increase in rough sleeping numbers since 2011/12 (5,678) to 2020/21 (11,018).

For comment by Crisis, click here.

Police guide on preventing rough sleeping published
On 5 July 2021 Crisis and the National Police Chiefs’ Council published a joint practical guide on helping people end their rough sleeping without enforcement. The guide, which is being shared with all 43 police forces in England and Wales, highlights successful collaborations between police forces, local authorities and third sector organisations to tackle the issue. The diverse range of actions include:

• Humberside Police’s dedicated community officer working alongside local homelessness service providers.
• Welsh homelessness charity The Wallich training 40 South Wales Police officers and PCSOs to increase awareness and understanding of people sleeping rough.
• In Derby, The Police and Crime Commissioner’s Office, Public Health England, Derby Homes and East Midlands Ambulance Service all working in partnership with Derby City Mission to provide a ‘safe space’ which enables people to access support, day or night.
• Essex Police and Greater Manchester Police both developing multi-agency street engagement hubs.

For the guide, which is available in long and short form, click here.

Tenancy Hardship Grant – Wales
On 30 June 2021 Julie James, the Welsh Government Minister, announced the availability of the Tenancy Hardship Grant. The grant will replace the existing Tenancy Saver Loan scheme and support private rented sector tenants in Wales who are in significant rent arrears as a direct consequence of the pandemic. Tenants who are not in receipt of housing related benefits, who have fallen behind on their payments by eight weeks or more as a consequence of the pandemic between 1 March 2020 and 30 June 2021, will be eligible to apply for a grant. For the announcement and details of how to apply for the grant, go to the housing section of the wales.gov website. For comment by the National Residential Landlords Association, click here.

Grenfell Tower Inquiry update
On 30 June 2021 the Inquiry published its latest monthly update on its work. The update provides a digest of: limited attendance hearings; disclosure figures; Core Participant figures; support arrangements during limited attendance hearings; and contact information. For the update, click here.

Housing Ombudsman: casebook of 350 individual decisions published
On 5 July 2021 the Housing Ombudsman published a casebook of 350 individual decisions since March 2021. The decisions are intended to provide an ever-expanding resource to promote learning, fairness and accountability in the sector and demonstrate the difference complaints can make for individual residents and wider benefit. For the casebook, click here. For an explanation of what the casebook covers, click here.

Rented housing laws "not fit for purpose": NRLA
On 5 July 2021 the National Residential Landlords Association published the results of analysis showing that by the time the Building Safety Bill is given Royal Assent, the number of statutory provisions applying to the sector in England will have risen by 40 per cent over the last decade to 168 pieces of legislation. This includes the Landlord and Tenant Act 1730 and the Distress for Rent Act 1737. The NRLA is warning that far from the private rented sector being under-regulated, the sheer number of laws means councils are unable to enforce them properly. For more information, click here.

HOUSING LAWS IN THE PIPELINE

Building Safety Bill
This Government Bill would make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman. The Bill was given its first reading on 5 July 2021 and will receive its second reading on a date to be scheduled. For the Bill as introduced, click here. For the Government response to the Housing, Communities and Local Government Committee's pre-legislative scrutiny of the Bill, click here. To follow progress of the Bill, click here.

Leasehold Reform (Ground Rent) Bill
This Government Bill would make provision about the rent payable under long leases of dwellings. First reading in the House of Lords took place on 12 May 2021. Second reading took place on 24 May 2021. The Bill completed its committee stage on 14 June 2021. The Bill will now proceed to the report stage which is yet to be scheduled. For the Bill as introduced, click here. To follow progress of the Bill, click here.

Evictions (Universal Credit) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Housing Standards (Refugees and Asylum Seekers) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for national minimum standards in accommodation offered to refugees and asylum seekers. It was presented to Parliament on 21 June 2021 and will receive its second reading on 21 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Under-Occupancy Penalty (Report) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would require the Secretary of State to report to Parliament on the merits of repealing those provisions of the Welfare Reform Act 2012 which provide for persons to be paid reduced rates of housing benefit or Universal Credit because their accommodation is deemed to be under-occupied. It was presented to Parliament on 21 June 2021 and will receive its second reading on 14 January 2022.The Bill awaits publication. 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 establish asylum seeker accommodation eviction procedures for public authorities. It was presented to Parliament on 21 June 2021 and will receive its second reading on 3 December 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Sites Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the requirements for caravan site licence applications made under the Caravan Sites and Control of Development Act 1960. It was presented to Parliament on 21 June 2021 and will receive its second reading on 29 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the Mobile Homes Act 1983. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Site Licensing (Exemptions of Motor Homes) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would exempt motor homes from caravan site licensing requirements. It was presented to Parliament on 21 June 2021 and will receive its second reading on 29 October 2021.The Bill awaits 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. It was presented to Parliament on 21 June 2021 and will receive its second reading on 22 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

NEW HOUSING CASES

Patel v London Borough of Hackney [2021] EWCA Civ 897 (21 June 2021)

The appellant, Mr Patel, challenged a review decision by the Council that he had become intentionally homeless and was not, therefore, owed more than the limited housing duty prescribed by s.190(2) HA 1996.

Facts
In October 2008, Mr Patel was granted a tenancy of a privately owned flat. He lived there with his wife and children until June 2018 when he was evicted under an outright possession order based on rent arrears.

Shortly before the warrant for possession was executed on 25 June 2018, he had made a homelessness application and was placed in interim accommodation pending a s.184 determination of his application.

The Council issued its s.184 decision on 2nd May 2019, finding that although he was eligible for assistance, he had become homeless intentionally because of his failure to pay the rent due. This had the consequence that the Council’s full duty under s.193 HA 1996 did not apply and rather it was limited to securing accommodation for such period as would give him a reasonable opportunity of securing accommodation and the giving of advice and assistance (s.190(1), (2) HA 1996). In the s.184 decision letter, the Council decision-maker stated that Mr Patel had underestimated the family’s expenditure and an additional £32 per week was added to reflect payments for ‘white goods’. In the circumstances, it was concluded that the accommodation had been affordable to the family.

Mr Patel sought a review of that decision under s.202 HA 1996 and submitted a revised list of income and expenditure. The review officer sent a letter in response pursuant to r.7(2) of the Homelessness (Review Procedures etc) Regulations 2018 indicating that he was minded to uphold the s.184 decision. The review officer excluded the housing officer’s allowance of £32 per week for ‘white goods’ as this was not considered to be an ‘essential expense’ and calculated an approximate surplus of £3 from Mr Patel’s weekly expenditure set against his income. The review officer, therefore, concluded that with careful budgeting the accommodation was affordable.

Mr Patel submitted further representations in response, arguing it was the original housing officer who had added the figure for white goods although he wished to adopt the amount put forward.

The Council issued its review decision in response which upheld the s.184 decision. The review officer disregarded the expenditure for ‘white goods’, which was not considered to be an ‘essential expense’ and it was considered that there is sufficient flexibility in Mr Patel’s weekly expenditure to cater for such eventualities.

The Court of Appeal
In Mr Patel’s appeal, part of the argument focused on what was meant by ‘other reasonable living expenses’ in Article 2 of the Homelessness (Suitability of Accommodation) Order 1996 and consequently whether the review officer was wrong to have excluded the £32 allowed for white goods in its entirety on the basis this was not regarded as an essential expense. The Court of Appeal did not consider that there was an inconsistency between the wording of ‘reasonable’ living expenses (as per Article 2) and ‘essential’ expenses in paragraph 17.46 of the 2018 Homelessness Code of Guidance for Local Authorities. Rather it was considered that paragraph 17.46 was no more than an elaboration of what level of expenditure it would be reasonable to take into account in deciding whether the accommodation was affordable [at 13].

In the present case, it was considered that the review officer’s assessment that there was ‘sufficient flexibility’ in the budget to cater for such occasional expenditure demonstrated a recognition that such expenditure might be a necessary and reasonable living expense albeit an occasional one [at 33]. However, given that even on the review officer’s calculations the weekly rent had been overstated and the shopping allowance had been increased, the assessment that there was ‘sufficient flexibility’ in the budget to cater for such occasional expenditure was a conclusion that was properly open to the officer and therefore did not disclose any error of law. Accordingly, the appeal was dismissed.

Summary by Henry Percy-Raine, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS

Domestic abuse support within safe accommodation: statutory guidance and regulations consultation
In this consultation, the MHCLG seeks views on the draft statutory guidance and the following draft statutory instruments:

• The Domestic Abuse Support (Relevant Accommodation) Regulations 2021
• The Domestic Abuse (Local Authority Strategies) Regulations 2021

On 29 April the Domestic Abuse Act 2021 received Royal Assent. The Act includes within Part 4 (sections 57-61) new duties on tier 1 local authorities in England relating to the provision of support for victims and their children residing within relevant safe accommodation and a duty on tier 2 authorities to co-operate with tier 1 authorities.

The Act also places a requirement to consult on the statutory guidance and two regulations. Under section 60 of Part 4 of the Act, the Secretary of State is required to consult on and issue statutory guidance to assist local authorities in exercising their new functions. Once finalised, local authorities will need to have regard to the guidance in exercising their functions.

For the consultation documents, click here. The consultation closes on 27 July 2021.

Personal Emergency Evacuation Plans
Following the Fire Safety Consultation, which ran from 20 July to 12 October 2020, the Home Office is seeking views on new proposals to implement the Grenfell Tower Inquiry Phase 1 recommendations on Personal Emergency Evacuation Plans (PEEPs) in high-rise residential buildings. This consultation supports delivery of two of the Grenfell Tower Inquiry Phase 1 recommendations and is part of the government’s package of reforms to improve building and fire safety in all regulated premises where people live, stay or work.

For a full package of documents to support this consultation, which closes on 19 July 2021, click here.

Warm Home Discount: better targeted support from 2022
The Warm Home Discount scheme obliges participating energy suppliers to provide rebates to their customers, to reduce energy bills for low-income and vulnerable households and tackle fuel poverty.

This consultation proposes to expand and reform the scheme in England and Wales until 2026, in line with the commitments announced in the Energy White Paper in 2020. The objective of the reforms is to improve the fuel poverty targeting rate of the scheme and ensure more fuel poor households can receive rebates on their energy bills automatically, through the use of data matching. The Department for Business, Energy & Industrial Strategy would particularly welcome responses from energy suppliers and charities and other organisations focusing on fuel poverty and vulnerable people.

For the consultation, which closes on 22 August 2021, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

New ‘Right to Rent’ rules for EU citizens: A disaster waiting to happen Cecil Sagoe Shelter Blog 28 June 2021 – to read the article, click here

The New Model for Shared Ownership Lease: A decade of repair costs for Landlords Devonshires Solicitors 29 June 2021 – to read the article, click here

How can I help someone sleeping rough in hot weather? Fiona Colley Homeless Link 29 June 2021 – to read the article, click here

Renters in Redvales: rent increase win Liz Norris Shelter Blog 2 July 2021 – to read the article, click here

If you’re not too hot, we’re evicting you Giles Peaker Nearly Legal 2 July 2021 – to read the article, click here

Can mediation solve the housing possessions backlog? Catherine Urquhart Local Government Lawyer 2 July 2021 – to read the article, click here

Breathing Space for Wales? Extension of possession notices, restarting of eviction warrants and a new Hardship Grant Mike Norman Nearly Legal 4 July 2021 – to read the article, click here

The use of positive requirements in ASB Injunctions: ‘Make me’ Abs Lalji MSB Solicitors July 2021 – to read the article, click here

Gypsy and Traveller: case note – Barking and Dagenham LBC and others v Persons Unknown and others Chris Johnson, Marc Willers QC, Owen Greenhall and Tessa Buchanan Legal Action July / August 2021 – to read the article (subscription required), click here

HB and UC housing costs: update 2021 (Jul/Aug 21) Bethan Harris, Desmond Rutledge and Kevin Gannon Legal Action July / August 2021 – to read the article (subscription required), click here

Housing: anonymity orders (Jul/Aug 21) Sioned Wyn Roberts Legal Action July / August 2021 – to read the article (subscription required), click here

Housing: recent developments (July/ August 21) Sam Madge-Wyld and Jan Luba QC Legal Action July / August 2021 – to read the article (subscription required), click here

HOUSING LAW DIARY

19 July 2021                                   
Closing date for responses to the consultation on Personal Emergency Evacuation Plans (see Housing Law Consultations)

27 July 2021                                   
Closing date for responses to the consultation on Domestic abuse support within safe accommodation: statutory guidance and regulations consultation
(see Housing Law Consultations)

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