HOUSING LAW NEWS & POLICY ISSUES

Housing cases in the courts: July to September 2021
On 2 December 2021 the Ministry of Justice published statistics for the volume of civil and judicial review cases dealt with by the courts between 1 July and 30 September 2021. Mortgage and landlord possession claims were down to 13,000 and by 63 per cent compared to the same quarter of 2019. This decrease has been driven by a fall in all claim types since March 2020 due to actions following Covid-19. The overall trend in mortgage and landlord possession claims has been decreasing since a peak of 60,000 in January to March 2014. For the full statistics, click here. For an annex specific to mortgage and landlord possession cases (published on 17 November 2021 and previously reported in Housing Law Week), click here.

Deaths of homeless people in England and Wales: 2020 registrations
On 1 December 2021 the Office for National Statistics published statistics of the number of deaths of homeless people in England and Wales. In 2020:

• There were an estimated 688 homeless deaths in England and Wales registered, a decrease of 11.6 per cent from 2019 (778 estimated deaths); this decrease was not statistically significant and is statistically similar to registrations in the period 2017 to 2019, but represents the first fall in the number of estimated deaths since 2014.
• Figures for 2020 were affected by the Everyone In scheme, which has made it more difficult to identify homeless people in the Office for National Statistics (ONS) mortality records; figures for 2020 may underestimate the true number of homeless deaths.
• Almost two in five deaths of homeless people were related to drug poisoning (265 estimated deaths; 38.5 per cent of the total number), consistent with previous years.
• Suicide deaths registered among homeless people fell by around a third since the high seen in 2019 (from 112 in 2019 to 74 in 2020), returning to a level consistent with the period 2013 to 2018 (ranging from 72 to 86 estimated deaths annually).
• There were estimated to have been 13 registered deaths (1.9 per cent of the total) of homeless people involving coronavirus (Covid-19).
• Most homeless deaths registered were among men (604 estimated deaths; 87.8 per cent of the total), consistent with previous years.
• London and the North West had the highest numbers of deaths registered, with 143 (20.8 per cent of the total number) and 126 (18.3 per cent of the total number) estimated deaths of homeless people respectively.

For the statistical release, click here. For comment by Crisis, click here. For a response by Homeless Link, click here and for that of Shelter, click here.

Domestic abuse during the Christmas period
On 4 December 2021 the Local Government Association and Women’s Aid warned that people need to look out for common signs of domestic abuse this Christmas with domestic abuse-related crimes representing a higher percentage of all crimes in December than the rest of the year. The signs may include but are not limited to: jealously and possessiveness; control over what someone wears, where to go and who to see; control over finances or essential items such a mobile devices or medication; dramatic changes in mood, from kind and charming to abusive and aggressive; pressure to do things someone doesn’t want to do. The LGA is also calling for greater investment in prevention and early intervention services – along with long-term, sustainable funding – to help council efforts to safeguard individuals and families from the physical and psychological harm of domestic abuse and prevent it from happening in the first place. For more details, click here.

Help to Buy equity loan scheme
On 2 December 2021 the DLUHC published statistics showing cumulative sales since the launch of the Help to Buy (equity loan) scheme on 1 April 2013. The statistics show:

• Between 1 April and 30 June 2021 10,824 properties were bought with an equity loan, an increase of 85 per cent from the same period in 2020.
• From 1 April 2013 to 30 June 2021 339,347 properties were bought with an equity loan.
• The total value of these equity loans so far totals £20.9 billion.
• The value of the properties sold under the scheme totals £94.4 billion.
• 83 per cent of all completions are by first-time buyers.

For the full statistics, click here.

Help to Buy ISA scheme
On 2 December 2021 HM Treasury published official statistics on the government’s Help to Buy: ISA scheme. They show:

• Since the launch of the Help to Buy: ISA, 435,798 property completions have been supported by the scheme.
• 572,490 bonuses have been paid through the scheme (totalling £627 million) with an average bonus value of £1,095.
• The highest number of property completions with the support of the scheme is in the North West and Yorkshire and The Humber, with the lowest number in the North East and Northern Ireland.
• The mean value of a property purchased through the scheme is £175,567 compared to an average first-time buyer house price of £222,712 and a national average house price of £265,668.
• The median age of a first-time buyer in the scheme is 28 compared to a national first-time buyer median age of 30.

For the full statistics, click here.

Mortgage guarantee scheme
On 2 December 2021 HM Treasury published quarterly statistics on the mortgage guarantee scheme: from 19 April (scheme launch) to 30 June 2021. During that period:

• 812 mortgages were completed with the support of the scheme.
• Of these, 82 per cent were purchases by first-time buyers.
• The total value of mortgages supported by the scheme is £185 million.
• The mean value of a property purchased or remortgaged through the scheme was £240,993 compared to a national average house price of £265,668.

For the full statistics, click here.

Legal aid: housing and debt and HPCDS tender opportunities
On 2 December 2021 the Legal Aid Agency invited tenders to deliver housing and debt contract work from 1 February 2022 until 31 August 2022 in the following procurement areas: Cambridgeshire, City of Kingston upon Hull, Cheshire, Hampshire, Portsmouth and Isle of Wight, Shropshire, Staffordshire, South Tyneside, Trafford, and Wigan. The opportunity to deliver housing and debt services is open to any organisation that can meet the minimum tender requirements. An organisation does not need to be a current legal aid provider to tender for this opportunity. For more details, click here.

Community-led housing and loneliness
On 2 December 2021 the DLUHC published research into the impact of community-led housing and co-housing solutions on tackling loneliness. In 2018 DLUHC committed to fund research into innovative community-led housing projects to understand how these can help to tackle loneliness and support social connections. Researchers have found that social connection with neighbours and sharing spaces with others – both features of community-led housing – are essential to place attachment and wellbeing, which in turn may help prevent loneliness. The most successful interventions to alleviate loneliness foster meaningful social interaction through sustainable, community and place-based solutions. For the report, click here.

Tackling loneliness and isolation – Wales
On 2 December 2021 the Welsh Government announced the launch of a three year Loneliness and Social Isolation Fund to “support front-line, local, grass-roots organisations, which bring people of all ages together, helping them to build social connections in and across communities”. £1.5 million has been split across Welsh local authorities, working in partnership with County Voluntary Councils, and will help organisations run face-to-face activities safely and securely or continue online activities if access to venues is difficult or to reach people who are not ready to attend in-person events. For more information, go to gov.wales, click on ‘housing’ and then on ‘announcements’.

Ending Homelessness Action Plan launched – Wales
On 2 December 2021 the Welsh Government launched the Ending Homelessness Action Plan. Under the Private Rented Sector Leasing Scheme, private property owners will be encouraged to lease their properties to local authorities in return for a rent guarantee and additional funding to improve the condition of their property. Local authorities can then use these properties to provide affordable and good quality homes for people who are at risk of or experiencing homelessness. Tenants will benefit from the security of long-term tenures of between five to 20 years and help to maintain their stay in a long-term home, such as mental health support or debt and money management advice. For more information, go to gov.wales, click on ‘housing’ and then on ‘announcements’. For the plan itself, click here. For the response of the National Residential Landlords Association, click here.

Grenfell Tower Inquiry: successive administrations colluded with construction industry
On 6 December 2021 Stephanie Barwise QC, representing the bereaved and survivors at the opening of the final stage of the Inquiry into the June 2017 Grenfell Tower disaster, claimed that successive administrations were responsible for “collusion” with the construction industry to suppress the results of investigations into earlier cladding fires, including at Lakanal House in south London in 2009 where six people died. She said the disaster was a “predictable yet unintended consequence of a combination of the laudable desire to reduce carbon emissions [by encouraging more insulating materials] coupled with an unbridled passion for deregulation”. For a report in the Guardian, click here.

Grenfell Tower Inquiry: update
On 30 November 2021 the Grenfell Tower Inquiry published an update on its work. The newsletter contains information about: Inquiry progress and Timetable update; Covid-19 precautions; monthly community drop-in sessions; disclosure figures; Core Participant figures; Support arrangements during hearings; contact information. For the newsletter, click here.

Rough sleepers – London
On 1 December 2021 the Mayor of London, Sadiq Khan, launched his annual Winter Rough Sleeping Fundraising Campaign and warned that the work carried out to tackle homelessness during the height of the pandemic could go to waste if lessons are not learnt and substantial support for rough sleepers is not forthcoming from ministers. For more information, click here.

HOUSING LAWS IN THE PIPELINE

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 is due to receive its postponed second reading on 10 December 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 its second reading has been further postponed to 10 December 2021.The Bill awaits publication. 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. The Bill completed its House of Lords stages on 14 September 2021 and was presented to the House of Commons on 15 September 2021. The Bill received its second reading debate on 29 November 2021 and has now been sent to a Public Bill Committee which will scrutinise the Bill line by line and is expected to report to the House by 9 December 2021. For the second reading debate, click here. For the Bill as brought from the House of Lords, click here. For a House of Commons Library briefing concerning the Bill, published on 25 November 2021, click here. To follow progress of the Bill, click here.

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 its second reading on 21 July 2021. The Public Bill Committee completed its scrutiny on 26 October 2021. The Bill is now due to have its report stage and third reading on a date to be announced. For the Bill as amended in Committee, click here. For the Government response to the Housing, Communities and Local Government Committee's pre-legislative scrutiny of the Bill, click here. For a House of Commons Library briefing about the Bill, published on 16 July 2021, click here. To follow progress of the Bill, click here.

Fire and Building Safety (Public Inquiry) Bill
This Bill, sponsored by Daisy Cooper, would establish an independent public inquiry into the Government’s response to concerns about fire and building safety. It was introduced to Parliament on Tuesday 6 July 2021 under the Ten Minute Rule. Second reading has been rescheduled to 18 March 2022. For the Bill, as introduced, 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 its second reading was been further postponed to 10 December 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.

NEW HOUSING CASES

Ciftci v London Borough of Haringey [2021] EWA Civ 1772

The Court of Appeal considered whether Haringey were entitled to conclude that the appellant’s deliberate decision to give up secure accommodation should not lead to a finding that she was intentionally homeless, on the ground that she was unaware of a relevant fact; and had acted in good faith. The appeal was dismissed on the facts.

Legislative framework
Section 191 of the Housing Act 1996 provides that a person is intentionally homeless if by their deliberate act or omission they cease to occupy accommodation that they could reasonably have continued to occupy.

Section 191(2) provides that:

“an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.”

Factual background
Ms Ciftci is a single parent. She is also disabled. She is a double amputee. She has prosthetic legs and walks with crutches.

Between 2007 and the end of January 2019 Ms Ciftci had accommodation consisting of a two-bedroomed self-contained ground floor flat in Switzerland. In terms of tenure, affordability, size, location, state of repair and accessibility, it was suitable in every way.

At the end of January 2019, she moved to the UK to work in a job found for her by her sister. She was accommodated, with her son and their dog, on the sofa of a family friend. She was asked to leave in October 2019 as it was said that the owner’s children were scared by her moving around the property without her prosthetic legs.

The job was short lived as the appellant’s disability meant she could not conduct the work. Haringey’s reviewing officer found that it was reckless for the appellant to leave her flat in Switzerland, and that she would have known that this overcrowded accommodation was temporary. This meant that she had been aware of all relevant facts at the time of the act of leaving her tenancy.

Case law
The Court of Appeal conducted an extensive review of the case law on Section 191(2).
In Najim v Enfield LBC [2015] EWCA Civ 319 confirms that the relevant fact must exist at the time of the act or omission, the purpose of s.191(2) being to protect from genuine mistakes and misapprehension. 

In Afonso-da-Trindade v Hackney LBC [2017] EWCA Civ 942, the appellant had moved from Africa to stay with her sister without investigating the nature and extent of this accommodation. Her sister’s landlord subsequently terminated her tenancy. The case confirmed that the current prospects of an expectation working out as anticipated is relevant. It must be shown that there was genuine investigation into prospects beyond mere aspiration.

In O’Connor v Kensington & Chelsea RLBC [2004] EWCA Civ, 394 Sedley LJ said at [30]:

“’any relevant fact’ must include, if it is not confined to, facts which in the event have brought about the applicant's homelessness.”

The Court of Appeal in that case also confirmed that an appreciation of future job prospects is relevant only in so far as it explains why an applicant is homeless. This had been the case in R v Exeter City Council ex p Tranckle (1993) 26 HLR 244 where the applicants had moved to a pub which they intended to run as a business on mistaken information that it could be profitable, but the business failed.

The Court also looked at the duty upon the local authority to investigate the circumstances of housing applicants. It noted the decision in R (Balajigari) v Secretary of State for the Home Department [2019] EWCA Civ 673 which confirmed that the duty upon public bodies is not a duty to make all reasonable inquiries, and that the court should not intervene because it considers further inquiries would have been sensible or desirable.

Judgment
The appellant sought to argue that her misapprehension of the nature of the job was the relevant fact of which she was unaware, and that it had been her plan to work to save money before securing her own accommodation in the UK.

Housing officers had made at least 10 phone calls investigating Ms Ciftci’s situation; interviewed her and engaged in correspondence with her. She had an opportunity to make further representations after the finding she was intentionally homeless.

It was found that Ms Ciftci never made a link between the job for which she came to England and the prospect of future accommodation as, prior to her appeal to the county court, it had not been her case that her expectation was that the income from that job would enable her to find other accommodation. The facts could not be distinguished from those in Alfonso. The appeal was dismissed.

Summary by Parissa Najah, barrister, Trinity Chambers. For the summary, click here.

HOUSING LAW CONSULTATIONS

Housing Legal Aid: the way forward
The Ministry of Justice is consulting on a proposed new model for the delivery of housing possession legal aid. This aims to ensure the sustainability of the service and to improve the breadth and quality of advice available for individuals facing the loss of their home. The key proposals in this consultation are:

• remodelling the delivery of the Housing Possession Court Duty Scheme (HPCDS) to become a new Housing Loss Prevention Advice Service (HLPAS), incorporating both the existing service of advice and representation at court but also early legal advice before court;
• expanding the scope of legal aid so that HLPAS providers can offer early legal advice on social welfare law matters to individuals facing procession proceedings;
• contracts for individual courts rather than larger geographical areas;
• allowing providers to claim for the court duty fee in addition to a Legal Help fee for follow on work; and
• introducing a set attendance fee for all schemes, replacing the existing nil session payment.

The consultation closes on 20 January 2022. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Homelessness: Private rented sector offers and suitability Clare Cullen Field Court Chambers 17 November 2021 – to read the article, click here

Not unaware enough – intentional homelessness in the Court of Appeal Giles Peaker Nearly Legal 30 November 2021 – to read the article, click here

Court of Appeal on time of demands and legal costs in service charges Giles Peaker Nearly Legal 30 November 2021 – to read the article, click here

Housing case law update: November 2021 Michael Owen, Katrina Robinson and Emily Howe Local Government Lawyer 1 December 2021 – to read the article, click here

The Guardian view on Britain’s renters: neglected and cash-strapped Editorial Guardian 1 December 2021 – to read the article, click here

Purchasing properties bound by affordable housing occupancy restrictions Suzanne Smith and Jennifer Eng Local Government Lawyer 1 December 2021 – to read the article, click here

Governance update for the housing sector Ian Davis and Sharron Webster Trowers and Hamlins 2 December 2021 – to read the article, click here

Housing duties and offers of private rented sector accommodation Nicholas Grundy QC and Michael Mullin Local Government Lawyer 2 December 2021 – to read the article, click here

The new building safety regime take shape John Forde Trowers and Hamlins 3 December 2021 – to read the article, click here

Affordable means affordable, right? Andrew Soar Shelter Blog 3 December 2021 – to read the article, click here

The Guardian view on homelessness: don’t cast everyone out again Editorial Guardian 5 December 2021 – to read the article, click here

Deeds not words Kelly Henderson CIH Blog 6 December 2021 – to read the article, click here

Housing: recent developments (December 21/ January 22) Sam Madge-Wyld and Jan Luba QC Legal Action – to read the article (subscription required), click here

HOUSING LAW DIARY

9th December 2021                                   
Public Bill Committee is expected to report to the House of Commons in respect of Leasehold Reform (Ground Rent) Bill (see Housing Laws in the Pipeline)

10th December 2021                                   
Postponed second reading in the House of Commons of Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

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