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HOUSING
LAW NEWS & POLICY ISSUES
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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.
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HOUSING
LAWS IN THE PIPELINE
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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.
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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.
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HOUSING
LAW CONSULTATIONS
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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.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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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
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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)
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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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10th December 2021
Postponed second reading
in the House of Commons of
Caravan Site Licensing
(Exemptions of Motor Homes) Bill
(see Housing Laws in the
Pipeline)
|
10th December
2021
Postponed second
reading in the House of
Commons of Caravan Sites
Bill (see Housing
Laws in the Pipeline)
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