HOUSING LAW NEWS & POLICY ISSUES

Local Government Ombudsman: noise complaints uncovered during investigation
On 7 October 2021 the Local Government and Social Care Ombudsman reported that its investigation into a woman’s noise complaint revealed a backlog of hundreds of complaints at Calderdale council. The woman complained to the council during the Covid-19 pandemic about noise nuisance and waste build-up on a neighbouring property. She said that she and her partner had suffered unbearable noise and vibrations from the loud music, and waste was attracting vermin. The woman sent in noise logs to Calderdale Metropolitan District Council and repeatedly asked for updates about these and the garden situation. However, the Ombudsman found the council did not do enough to investigate her concerns, and did not keep her up to date with progress. The council agreed to apologise to the woman and pay her £100 for her time and trouble and a further £500 for the distress and uncertainty caused. It will now investigate her concerns about a build-up of waste at a neighbouring property. For the report, click here. To download the full report, click on the link at the top-right of the page opened.

Electrical safety standards in the private rented sector: guidance for landlords, tenants and local authorities
On 7 October 2021 the DLUHC published updated guidance setting out how the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 affect landlords, tenants and local authorities. The regulations require that landlords have property electrics checked at least every five years by a properly qualified person. The electrics must meet standards and landlords must give their tenants proof of this. For the guidance, click here.

Private rental affordability: 2012 to 2020 – England
On 7 October 2021 the Office for National Statistics published data for 2012 to 2020 showing private rent prices in England expressed as a percentage of gross monthly household income. The data show that in 2020:

• Private renters on median income could expect to spend 23 per cent of their income on a median priced rented home in England.
• The East Midlands and North West were the most affordable rental regions for lower income households living in the region.
• In London, only a household in the higher income quartile would be able to rent a property without spending more than 30 per cent of their income on rent.

For the full report, click here.

Homelessness review process: report by Public Services Ombudsman for Wales
On 6 October 2021 the Public Services Ombudsman for Wales published his first-ever own initiative investigation into the homelessness review process in Wales. The report found evidence of “systemic maladministration” by local authorities. It stated that despite “beacons of good practice”, too many people at risk of homelessness are victims of “injustice” due to unacceptable delays, inadequate processes, poor communication and placement in unsuitable accommodation. A review of homelessness cases from the investigated local authorities highlighted the following concerns:

• Human Rights and Equality Act 2010 duties are not always taken into account in assessments and reviews.
• There are delays throughout the assessment and review process.
• Significant matters are sometimes missed during the assessment process.
• Clients do not always understand unclear and insufficient communication.
• There are failures to appropriately consider the suitability of accommodation.
• There are failures to provide support to vulnerable clients and those with complex needs.

The Ombudsman recommends a new Housing Regulator role to assist local authorities in fulfilling their statutory duties consistently. For the report, click here. For the press release announcing publication of the report, click here.

Housing Ombudsman: maladministration findings after resident lives with damp and mould for two years
On 7 October 2021 the Housing Ombudsman reported two findings of severe maladministration made after an investigation into Inquilab Housing Association’s failure to respond to a resident’s requests to deal with damp and mould in her home and for its subsequent poor complaint handling. The Ombudsman ordered the landlord to:

• pay a total of £3,633 compensation
• provide a detailed schedule of works to deal with all the outstanding repairs 
• discuss the scale of the damage to the resident’s possessions and offer redress to reflect this 
• conduct a senior management review into the case, including why it failed to carry out the required repairs at the property and failed to raise and respond to a formal complaint despite multiple interventions by the Ombudsman. 

For the case summary, click here.

Court orders to remove the perpetrator and prevent domestic abuse
On 7 October 2021 Shelter Legal published a new article on its site setting out details of all the court orders available in England for a person experiencing domestic abuse to remove the perpetrator from their home and prevent abuse. It includes information about the process for applying for Family Law Act 1996 and Protection from Harassment Act 1997 orders, the difficulties with each, and how they are enforced. For the article, click here.

High-rise buildings and cladding
On 8 October 2021 the Guardian reported that Michael Gove, the new Secretary of State for Levelling up, Housing and Communities, was considering “how to cut soaring insurance premiums for homeowners hit by the building safety crisis and ramp up pressure on developers to pay for repairs”. The report states that he is seeking advice from civil servants as to why it has proved difficult to seek legal redress from those companies which will not fix potentially unsafe buildings. For the report, click here.

HOUSING LAWS IN THE PIPELINE

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 is expected to have its second reading debate on a date to be announced. For the Bill as brought from the House of Lords, click here. For a House of Commons Library briefing concerning the Bill, published on 22 September 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 Bill 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 26 October 2021. 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. 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 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

R (On the Application of Ibrahim) v Westminster City Council [2021] EWHC 2616 (Admin

The High Court heard the claimant’s JR application regarding the defendant’s decision that she was intentionally homeless. It concluded that the defendant was wrong to refuse to treat a second application she had made as a new application, on the basis of additional supportive evidence it contained. 

Background
The claimant had been granted asylum in the UK after a General in the Congolese Army raped her. Her husband and parents were subsequently killed.

The claimant was housed in NASS Accommodation in Middlesbrough, where she suffered harassment from a gang of local men who followed her to her home address. This resulted in daily police patrols.

Upon being granted asylum, she remained in Middlesbrough and was moved to a housing association flat in June 2017. In June/July 2017 the neighbour from the adjoining flat entered her property through the window and went through to her bathroom where she was naked. The claimant continued to see the neighbour and in August 2017 moved to a friend’s address in London.

The claimant was referred via her medical centre to a consultant psychiatrist. Her first report addressed the trauma suffered in the Congo; the incidents in Middlesbrough; symptoms of PTSD and a severe depression; and concluded that she would not be able to return to Middlesbrough.
The claimant made a homelessness application to the defendant.

Relevant legislation
Part VII of the Housing Act 1996 sets out the statutory framework for homelessness applications.

Section 184 provides that a housing authority is under a duty to make enquiries to satisfy itself whether the applicant is eligible for assistance and whether any duty, and if so, which duty is owed.

Under s.191, a person is intentionally homeless if they deliberately do or fail to do anything that results in their homelessness, where it would have been reasonable to continue occupation.

Section 177 provides that ‘[i]t is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence or other violence against him…’.

Litigation history
The defendant refused the homelessness application by letter dated 05.08.18. It found that the claimant was intentionally homeless, relying upon the condition of the property and its affordability. It acknowledged the Public Sector Equality Duty and found there to be no evidence that the claimant lacked capacity to understand the consequences of moving out of her flat.

The claimant applied for review. By letter dated 19.11.18 the defendant dismissed the review, referring to the previous reasons and a lack of evidence of risk of violence under s.177.

The claimant made a fresh application in 2019 with a psychiatrist’s updating report. The defendant rejected the application by letter dated 02.01.20, stating that there had been no change in facts and that therefore this did not constitute a new application. The defendant also highlighted the lack of evidence that the claimant’ s mental health had impacted her decision to leave the flat.

The claimant obtained a further report from the consultant psychiatrist, setting out the impact that the claimant’s background trauma would likely have had on her decision to leave the flat. This was passed to the defendant. The claimant’s previous solicitor failed to provide submissions for the review. The defendant did not consider the report and upheld their original decision.

New solicitors for the claimant sought to have the latest psychiatrist report considered. A new application was made and was refused by the defendant by letter dated 17.11.20, on the basis that it was not a fresh application but relied upon the previous facts.

The claimant sought judicial review of the defendant’s decisions dated:

(i)         3.11.20, refusing to withdraw its s.202 review decision dated 28.8.20; and

(ii)         17.11.20, refusing to treat the claimant’s further application for accommodation dated 30.10.20 as a new application.

Case law
The court was directed to R v Harrow LBC, ex p Fahia [1998] 1 WLR 1396, HL where the House of Lords concluded that there was a new application as it was ‘impossible to say that there has been no relevant change in circumstances at all’: p.1402C-E.

The court referred to the decision in R. v. Borough of Tower Hamlets, ex p. Begum [2005] EWCA Civ 340 and highlighted the Court of Appeal’s view that ‘there is no room to imply a further requirement which has to be satisfied, such as establishing a material change of circumstances’ [50].

The court also relied upon the first instance decision of R (Hoyte) v Lambeth LBC [2016] EWHC 1665 (Admin); [2016] H.L.R. 35. Ms Amanda Yip QC, following Begum at [44], stated that ‘[a] person who is presented with evidence but rejects it cannot reasonably say “I knew that all along” when later presented with fresh evidence of the fact alleged’.

Ground 1
The court concluded that the decision of the 17.11.20 was wrong. A reasonable authority could have concluded that the application was a new one. It did not accept the defendant’s submission that ‘a new application is dependent on the occurrence of a new fact or circumstance or event which postdates the original decision’ [50]. Fahia and Begum require assessment of the facts known to the authority at the point of each application.

The court further found that the defendant had bene unduly focussed upon the condition and affordability of the defendant’s flat and the specific statutory factor set down by s.177. They therefore failed to consider the trauma and mental state of the claimant in looking at the reasonableness of her continued occupation of the flat [101]. 

The terms of the third psychiatrist report went beyond those of the previous reports, which in any event had not been duly considered in the first instance [102-103].

Grounds 2 & 3
These related to the decision of 03.11.20. This fell away as a result of the finding on ground 1. However, the court did conclude that in this case there would not have been sufficient basis to grant relief in respect of the defendant’s refusal to undertake an extra-statutory further review [115].

Ground 4
The court found that the PSED did as a matter of substance require each of the relevant decision-makers to maintain a sharp focus on the claimant’s mental health and consequent protected characteristic of disability as it affected the question of whether it would have been reasonable for her to remain at the accommodation; and in particular on the sub-issue of subjective reasonableness [125]. However, it concluded that this took the case no further as breach of PSED is a point to raise on appeal and provides no independent reason for the court to grant relief in respect of the refusal to undertake an extra-statutory further review [127].

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

HOUSING LAW CONSULTATIONS

The Building Safety Levy
This consultation seeks views on the design of a proposed levy on developers who seek regulatory permission to build certain high rise residential buildings. The consultation also seeks evidence of possible impacts on housing supply and regeneration, and the housebuilding industry.

The powers to create and set the terms of the levy are set out in the Building Safety Bill. Subject to the passage of the Bill through Parliament, this levy will apply to developments in England seeking building control approval from the Building Safety Regulator to start construction of certain buildings: the “Gateway 2” stage of the new building safety regime.

For documents relating to the consultation, which closes on 15 October 2021, click here.

Local taxes for second homes and self-catering accommodation – Wales
The Welsh Government is consulting on the discretionary powers which allow local authorities to levy a higher rate of council tax on:

• second homes
• long-term empty properties.

The consultation also asks for views and evidence on the criteria used to define a property as self-catering accommodation for local tax purposes.

For the consultation, which closes on 17 November 2021, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Private sector assortment Giles Peaker Nearly Legal 8 October 2021 – to read the article, click here

Bolder moves required as Michael Gove tackles building safety crisis  Michael Sutcliffe Guardian 8 October 2021 – to read the article, click here

What does Homeless Day mean to us at Centrepoint? Beth Fielder Centrepoint 10 October 2021 – to read the article, click here

Homelessness – renewed applications and overlooked facts Giles Peaker Nearly Legal 10 October 2021 – to read the article, click here

World Homeless Day: The problem with Covid arrears Steph Kleynhans Shelter Blog 10 October 2021 – to read the article, click here

Young, Black and Homeless: Observations from Centrepoint’s front line Pooja Singh Centrepoint 10 October 2021 – to read the article, click here

Why the BME housing sector is as relevant today as it was forty years ago Ben Laryea Homeless Link 8 October 2021 – to read the article, click here

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

HOUSING LAW DIARY

15 October 2021                                   
Deadline for submissions to the consultation on the Building Safety Levy (see Housing Law Consultations)

15 October 2021                                   
Deadline for applications for funding under the Government's Social Housing Decarbonisation Fund (Wave 1 Competition)

22 October 2021                                   
Homeless People (Current Accounts) Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

26 October 2021                                   
Public Bill Committee expected to report to the House of Commons in respect of the Building Safety Bill (see Housing Laws in the Pipeline)

29 October 2021                                   
Caravan Sites Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

29 October 2021                                   
Caravan Site Licensing (Exemptions of Motor Homes) Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

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