HOUSING LAW NEWS & POLICY ISSUES

Coronavirus Act 2020 (Residential Tenancies and Notices)
(Amendment and Suspension) (England) Regulations 2021
These Regulations, which come into force on 30 September 2021 (except for regs 3 to 6 and the Schedules which come into force on 1 October 2021) amend Schedule 29 to the Coronavirus Act 2020 (Schedule 2) and suspend various of its provisions. They also prescribe replacement notices:

• notice of seeking possession under section 8 Housing Act 1988,
• notice requiring possession under section 21(1) and (4) of the Housing Act 1988 (c. 50) and
• notice of seeking termination of a fixed term tenancy and recovery of possession under section 83 of the Housing Act 1985.

Schedule 29 modified various statutory provisions with the effect that during the “relevant period” landlords are, in some circumstances, required to provide a longer period of notice of intention to claim possession of housing let under a Rent Act 1977 protected or statutory tenancy, a secure tenancy, a flexible tenancy, an assured tenancy, an assured shorthold tenancy, an introductory tenancy or a demoted tenancy let by a local authority or housing action trust (“relevant tenancies”). “Relevant period” is defined in paragraph 1 of Schedule 29.

Taken together, the effect of regulation 2 and 3 is that the required periods of notice in respect of relevant tenancies revert, from 1 October 2021, to the pre-pandemic periods of notice, whilst the flexibility to impose longer periods of notice, if necessary, is retained until 25 March 2022. For the Regulations, click here.

Statutory homelessness in England: 2020-21
On 9 September 2021 the MHCLG published statistics for statutory homelessness assessments and activities in England between 1 April 2020 and 31 March 2021. The statistics show that:

• 119,400 households were owed a prevention duty in 2020-21, down 20.0 per cent from 2019-20. Of these 8,940 were due to a Section 21 notice, down 50.9 per cent from 2019-20.
• 149,160 households were owed a relief duty in 2020-21, up 6.1 per cent from 2019-20.
• The number of households with children threatened with homelessness fell 29.0 per cent, and those already homeless fell 11.6 per cent.
• The number of single households (households without children) threatened with homelessness fell 13.3 per cent, while those already homeless increased 11.7 per cent.
• 15,370 households with children were homeless or threatened with homelessness due to
• domestic abuse, up 13.9 per cent from 2019-20 – this represents one-fifth (20.5 per cent) of households with children owed a prevention or relief duty.
• 11,580 single households were assessed as rough sleeping at the time of approach, up 39.4 per cent from 2019-20.
• Households with a Black lead applicant were the most disproportionately homeless as they accounted for 9.7 per cent of those owed a duty while they are only estimated to comprise of 3.5 per cent of the population.

For the full statistics, click here. For the latest data tables on homelessness, organised by various criteria, click here. For the response of YMCA England & Wales, click here.

Rough sleeping: LGA report
On 9 September 2021 the Local Government Association published a report – Voice of the sector: supporting rough sleepers at a time of national crisis – which explains how the support programme, delivered by the LGA, is sharing learning and good practice from the ‘Everyone In’ initiative to help eliminate rough sleeping. The report highlights “what can be achieved when all parts of the public, voluntary and community sectors work together towards a common goal, as well as highlighting some of the key challenges that councils continue to face”. For the report, click here. For the LGA press release in respect of it, click here.

Housing First: Crisis launches campaign
On 8 September 2021 Crisis launched a campaign which calls for the urgent roll-out of Housing First. Crisis is warning that without funding to roll-out Housing First nationally in the autumn spending review, the government is at serious risk of undermining the progress it has made towards achieving its commitment to end rough sleeping by 2024. In London, the charity says, official figures indicate that the number of people deemed to be living on the streets has already returned to pre-pandemic levels. The ‘Home for All’ campaign calls on the Westminster government to commit to a national strategy that will tackle rough sleeping and homelessness so that everyone, helped during the pandemic and in the future, can move into a safe and stable home. For more details, click here.

Legal aid: Increases to emergency cost limit
On 9 September 2021 the Legal Aid Agency announced that cost limit increases for emergency civil legal aid certificates would take effect from 13 September 2021. The increases affect full representation (and family help higher). Emergency civil legal aid certificates will be issued with a revised cost limit of £2,250. Certificates for investigative representations will continue to include a costs limit of £1,350. The increased limit should better reflect the work completed in emergency cases. It should also reduce the administrative burden on providers. For more details, click here.

Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021
These Regulations, which come into force on 1 October 2021, make provision in relation to support provided by local authorities to victims of domestic abuse under Part 4 of the Domestic Abuse Act 2021 (the Act). Part 2 of the Regulations makes provision about the steps a relevant local authority (within the meaning of the Act), must take when preparing and publishing a strategy under section 57 of the Act in relation to the provision of accommodation-based support to victims of domestic abuse. The Regulations in particular specify the date by which a relevant local authority must first publish a strategy and the frequency with which a strategy must be reviewed, set out matters to which a relevant local authority must have regard when preparing its strategy, and require a relevant local authority to publish a strategy in draft at least 10 weeks before its intended publication. For the Regulations, click here.

Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021
These Regulations, which come into force on 1 October 2021, amend the Housing Benefit Regulations 2006 and the Universal Credit Regulations 2013 to include an exception from under-occupancy deductions for any claimant of housing benefit or Universal Credit (as appropriate) who is living in a social sector rented property that is adapted under a sanctuary scheme as a result of a member of that household having had domestic violence threatened or inflicted upon them. For the Regulations, click here.

Civil Proceedings Fees Order amended
The Civil Proceedings Fees Order 2008 has been amended by art 6 of the Court Fees (Miscellaneous Amendments) Order 2021 in order to increase certain court fees in line with inflation. The changes come into force on 30 September 2021. For the 2021 Order, click here.

LGA Housing Advisers Programme 2021/22 prospectus
On 7 September 2021 the Local Government Association published the 2021/22 prospectus for the Housing Advisers Programme which is designed to support councils seeking to innovate in meeting the housing needs of their communities. The programme will continue to fund the provision of bespoke expert support to councils – or groups of councils – wanting to transform the delivery of homes and places, the quality and security of existing homes and/or to prevent and reduce homelessness. This year the programme will prioritise strategic housing projects that will support councils in the direct delivery of new housing. For the prospectus, click here. For summaries of the 17 successful projects which received money from the programme last year, click here.

Rural housing: A reading list
On 10 September 2021 the House of Commons Library published a paper providing a selection of publications and articles that examine the housing challenges faced by people living in rural areas and proposals to address them. For the paper, click here.

Homelessness accommodation provision and rough sleeping: June 2021 – Wales
On 9 September 2021 the Welsh Government published information on persons placed into temporary accommodation and rough sleepers for June 2021. Throughout Wales:

• 1,213 people presenting as homeless were placed into temporary accommodation during the month, 119 more than in May 2021. Of these, 243 were dependent children aged under 16, an increase of 20 from May 2021.
• At 30 June 2021, 6,452 individuals were in temporary accommodation, an increase of 69 from 31 May 2021. 1,525 of these were dependent children aged under 16, an increase of 131 from 31 May 2021.
• Between the beginning of the COVID-19 pandemic and the end of June 2021, over 12,400 people who were previously homeless have been supported into emergency temporary accommodation.
• 517 homeless individuals were moved into suitable long-term accommodation, 34 more than in May 2021. Of the individuals moved into suitable long-term accommodation, 160 were dependent children aged under 16, an increase of 16 from May 2021.
• At 30 June 2021, there were an estimated 106 individuals sleeping rough. This is an increase of 30 from the 76 individuals sleeping rough at 31 May 2021.

For the full data, go to wales.gov and click on the ‘Housing’ section.

Housing Ombudsman: widening access to complaints
On 8 September 2021 the Housing Ombudsman launched a project focused on improving the accessibility of the complaints system. The project will explore accessibility among potentially hard to reach groups, for instance residents without internet access, low literacy or where English may not be their first language, and help build awareness and confidence in the complaints process at all stages. Continuation of this project will also be proposed as part of a major awareness raising programme in the Ombudsman’s next three-year corporate plan. For more details, click here.

Green Homes Grant Voucher Scheme
On 8 September 2021 the National Audit Office published a report concluding that despite the  Department for Business, Energy & Industrial Strategy’s considerable efforts, the rushed delivery and implementation of the Green Homes Grant Voucher Scheme has significantly reduced the benefits that might have been achieved, caused frustration for homeowners and installers, and had limited impact on job creation for the longer term. The scheme offered homeowners the opportunity to apply for up to £5,000 funding (£10,000 for low-income households) to install energy efficiency improvements and low carbon heat measures in their homes. The NAO stated that the government should be prepared to limit or delay the launch of a programme if the evidence suggests it is not ready. For the full report, click here. For a summary, click here.

Homes England: launch of new land disposal approach
On 6 September 2021 Homes England launched the Delivery Partner Dynamic Purchasing System (DPS) which replaces the Delivery Partner Panel 3 (DPP3), “transforming the way Homes England procures housebuilders and disposes of land”. Under DPS, housebuilders can apply to join the agency’s list of preferred developers at any time, rather than having to wait until the list is renewed once every four years. This is the biggest DPS of its kind, and, valued at £20bn, is Homes England’s largest procurement exercise to date. For more information, click here.

Rent arrears – Wales
On 10 September 2021 the National Residential Landlords Association published research highlighting “the rent arrears crisis which affected the Welsh private rented sector throughout the first half of 2021”. According to the survey of landlords, in the first half of 2021 42 per cent of those with property in Wales reported that they have been impacted by issues relating to rent arrears in the past twelve months, compared to only 35 per cent of those with property in England. However, there is growing optimism on the part of Welsh landlords. Findings indicate that the Welsh private rented sector is experiencing the highest perceived level of tenant demand across all regions surveyed in the second quarter of 2021. More than half (52 per cent) of respondents confirmed that they have seen this trend over the course of the past quarter. For more details, click here.

Regulator of Social Housing: consumer regulation review
On 7 September 2021 the Regulator of Social Housing published its consumer regulation review for 2020-21. The RSH identified the following themes in the course of its consumer regulation work:

• Health and safety compliance and managing risk: those providers with good records and a good understanding of their properties could better identify the risks arising from reduced or restricted services and implement mitigations where necessary to help ensure tenant safety.
• Communicating with tenants and understanding their needs: the impact of Covid-19 meant that it was crucial that registered providers had mechanisms in place to ensure that all tenants, particularly those most vulnerable, could continue to communicate with their landlords and that landlords were able to understand and respond to tenants’ needs. Generally registered providers responded well to these engagement challenges and adapted positively to the significant challenges over the year.
• Continuous learning from complaints: the pandemic and subsequent restrictions may have impacted upon some registered providers’ ability to resolve concerns in line with their usual timeframes or processes, but the RSH emphasised that the importance of learning from complaints should not be overlooked.
• Complying with the standards and planning for the future: registered providers should not wait for the White Paper to be implemented to ensure tenants feel safe in their homes, and have a good quality home and neighbourhood to live in, or to ensure tenants feel like they are treated with respect and their views are listened to by their landlord.

For the review, click here.

Fire safety
On 8 September 2021 the Guardian reported that Dame Judith Hackitt, the chair of the independent review of building regulations and fire safety, had warned that leaseholders risk being “fleeced” by profiteering landlords and builders in the post-Grenfell fire safety crisis. She encouraged homeowners, faced with crippling bills for cladding remediation work, to insist on a second opinion. For the article, 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 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. 

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 and report stage on 20 July 2021. The third reading is scheduled for 14 September 2021. For the Bill as amended at the report stage, click here. For a House of Commons Library briefing concerning the Bill, published on 6 August 2021, 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.

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

Our governments must use their powers to choose to end poverty Chris Birt Joseph Rowntree Foundation 9 September 2021 – to read the article, click here

1 October – new (old) notice periods and new forms Giles Peaker Nearly Legal 9 September 2021 – to read the article, click here

Two million private renters now at risk of ‘No DSS’ discrimination Charlie Berry Shelter Blog 9 September 2021 – to read the article, click here

Preventing homelessness amongst new refugees Homeless Link 10 September 2021 – to read the article, click here

Emma's Story – Not even disabled renters are safe from evictions Tilly Smith Generation Rent 10 September 2021 – to read the article, click here

Cancelling a debt moratorium – some issues Giles Peaker Nearly Legal 12 September 2021 – to read the article, click here

Injunction for re-entry and balance of convenience Giles Peaker Nearly Legal 12 September 2021 – to read the article, click here

Stats summary: MHCLG’s latest homelessness statistics for 2020-2021 Dr Trent Grassian Homeless Link 13 September 2021 – to read the article, click here

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

HOUSING LAW DIARY

30th September 2021                                   
Expiry of special measures in respect of notice of intention to seek possession, introduced by Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021

30th September 2021                                   
Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 come into force (except for regs 3 to 6) (see Housing Law News and Policy Issues)

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Featured Jobs of the Week



Housing Options/Homelessness Prevention Officer

Uttlesford District Council are looking for an experienced housing professional to join the council’s Housing Options Team.

You would become a member of a small team focusing on preventing homelessness and offering help and advice to customers who are in housing need and may be vulnerable. We need someone who can comprehend the often-complex needs of individuals within our community and who will relish the challenge of finding solutions for them.

Ideally you will already be working within the homelessness sector and have a good understanding of a local authorities homelessness duties. However we would also consider applications from people who have other relevant experience within housing and the skills needed to work within this frontline team.

For an informal discussion please contact Susan Yates or Becca Collins on 01799 510510.

If you are interested in this post, please apply via our online recruitment link which is available on our website https://www.uttlesford.gov.uk/for-jobs/Applying-for-a-job

Closing date for completed applications is Monday, 27 September 2021.
Interviews will be held virtually week commencing 4 October 2021.

 

Temporary Accommodation Officer

(Ref: CHOU987)
2 year fixed term contract
£23,541 pa - £25,991 pa + Car Allowance up to £1,239 pa
Based:  Haywards Heath, West Sussex

Mid Sussex District Council is an ambitious, forward thinking local authority in the heart of southern England and a very desirable place to work.

We are looking for a Temporary Accommodation Officer with a proven track record and experience of working in a support or housing role, preferably with a local authority, to join our frontline Housing Options Team.

You will provide a sustainment service to clients throughout their time in temporary accommodation to maintain the accommodation and work with the Housing Options Team to explore their housing options.

The right candidate will enjoy team work and enthusiastically embrace our proactive housing options approach in preventing homelessness to find real solutions for people in housing difficulties.  You will be a self-starter who is able to work on your own initiative and organise your own workload with a positive and flexible attitude.

You will have a good understanding and knowledge of the Council’s duties to those who are homeless and have detailed up to date knowledge of homelessness legislation relating to suitability of accommodation.

For fuller information about the role including details on how to apply please click here

Closing date:  24 September 2021
Interview date: 8 October 2021

 

Private Housing Options Officer

(Ref: CHOU988)
Temporary 2 year fixed term contract
£23,541 pa - £25,991 pa + Car Allowance up to £1,239 pa
Based:  HaywardsHeath, West Sussex

Mid Sussex District Council is a dynamic, forward thinking local authority in the heart of southern England. We have clear priorities and are proud that local people consistently rate our services highly.

We are looking for a Private Housing Options Officer with a proven track record and experience of working in such a role, preferably with a local authority, to join our frontline Housing Options Team.
The right candidate will increase the supply of private rented properties available to clients of the Council’s Housing Options Team. 

You will proactively develop links and positive working relationships with private landlords and letting agents to source homes in the private rented sector.  By doing so, you will contribute to a proactive service for people who are homeless, or at risk of becoming homeless, by maximising opportunities for them to rent privately.

You will have a good understanding and knowledge of the private sector housing market in Mid Sussex, together with a good understanding of the terms and conditions contained in a tenancy agreement or lease and knowledge of landlord and tenant legislation and of the welfare benefits that are available to tenants.

For fuller information about the role including details on how to apply please click here 

Closing date:  24 September 2021
Interview date:  5 October 2021