17th February 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

Unsafe cladding in residential buildings
On 10 February 2021 the Housing Secretary, Robert Jenrick, announced that the government would fully fund the cost of replacing unsafe cladding for all leaseholders in residential buildings 18 metres (6 storeys) and over in England. Leaseholders in buildings between 11 and 18 metres high with unsafe cladding will be able to access a new scheme that will pay for cladding removal – where it is needed – through a long-term, low interest, government-backed financing arrangement. The MHCLG says that under the latter scheme no leaseholder will pay more than £50 a month towards the removal of unsafe cladding. For the announcement, click here. For a House of Commons Library briefing on this issue, which has been updated to include consideration of the government’s latest announcement, click here. For a statement by the Local Government Association on the leaseholder cladding cost measures, click here. For an article in the Guardian, click here.

‘Waking watches’ costing Londoners £16,000 an hour: London Assembly
On 10 February 2021 the London Assembly published analysis finding that ‘waking watches’ are costing Londoners who live in buildings identified as fire risks due to the current cladding crisis £16,000 an hour. A waking watch is a patrol of the floors and external areas of a building to give warning in the event of a fire. Since the Grenfell Tower fire, waking watches have been used in buildings that are at high risk to help prevent another tragedy until dangerous cladding is removed. The costings, published by the government in January, show that Londoners are paying a mean average of £20,443 per month for a waking watch per building compared to £15,279 for the rest of England. In addition, according to the government, Londoners are paying more than double per dwelling for waking watches compared to the rest of England. Full details of the analysis are available from the London Assembly upon request. For a report of the above analysis, click here. For the government figures, click here.

Extension of ban on evictions
On 14 February 2021 the MHCLG announced that the ban on bailiff evictions, which was introduced at the start of the pandemic, has been extended until 31 March 2021. Exemptions remain in place for the most serious claims, such as illegal occupation, anti-social behaviour and arrears of six months’ rent or more. Landlords are also required to give six-months’ notice to tenants before starting possession proceedings, except in the most serious circumstances, meaning that most renters now served notice can stay in their homes until at least August 2021. For the announcement, click here. For comment by the National Residential Landlords Association, click here.

£125 million allocated to councils to support domestic abuse victims
On 12 February 2021 the MHCLG announced that councils across England have been allocated funding of £125 million to provide support for victims of domestic abuse and their children. The money will fund a new duty, imposed by the Domestic Abuse Bill (when implemented), on councils to ensure that victims and their children are able to access support in safe accommodation. For the announcement, click here. For the government’s response to the consultation on this issue, click here. For the current form of the Domestic Abuse Bill, which will enter the report stage in the House of Lords on 8 March 2021, click here.

Housing Possession Court Duty Schemes and Service Providers
On 12 February 2021 the Legal Aid Agency published an updated alphabetical list of all LAA funded Housing Possession Court Duty Schemes with the current organisation providing the service. For the list, click here.

Landlord possession statistics – England and Wales
On 11 February 2021 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from October to December 2020. FCA announcements and the passing of the Coronavirus Act in March 2020 means that possession actions of all types have dropped to unprecedentedly low levels. As a result, the data are unlikely to be representative of general trends in possession actions. Caution should therefore be used when interpreting and applying these figures. Landlord possession claims (8,382) and orders for possession (2,195) decreased by 67 and 89 per cent respectively, compared to the same quarter the previous year. Warrants of possession (1,792) and repossessions by county court bailiffs (548) were down by 86 and 93 per cent respectively compared to the same quarter the previous year. For the statistics (combined with those for mortgage possession below), click here. For comment by the National Residential Landlords Association, click here.

Mortgage possession statistics – England and Wales
On 11 February 2021 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from October to December 2020. Note the comment in the above item concerning  caution with which the data should be interpreted. Mortgage possession claims in the quarter (255) decreased 96 per cent compared to the same quarter the previous year. Orders for possession (29), warrants (45) and repossessions (7) also decreased by 99 per cent in each case compared to the same quarter the previous year. For the statistics (combined with those for landlord possession above), click here.

Mortgage arrears and repossessions – England
On 12 February 2021 the House of Commons Library published a briefing paper outlining temporary measures to assist homeowners to manage their mortgage payments during the coronavirus (Covid-19) outbreak. It considers lenders’ obligations towards homeowners who are struggling with their mortgage payments, outlines possible sources of advice for mortgagors, and discusses the mortgage support schemes that were introduced in response to the 2008 financial crisis. For the paper, click here.

Civil legal aid bills consultation launched
On 10 February 2021 the Ministry of Justice launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of costs other than those involving a detailed inter partes assessment. In July 2020 the MoJ proposed that the assessment of all Court Assessed Claims would be conducted by the LAA and legal aid providers had the option to send these claims to the LAA or HMCTS. From 17 August 2020, it was made mandatory to submit such claims to the LAA. Currently the position is that providers can choose whether to send their bills to the LAA or HMCTS. The MoJ is now seeking views on whether the transfer of Court Assessed Claims from HMCTS to LAA should be made on a permanent basis. The consultation closes on 10 April 2021. For the consultation document, click here.

Loans for Mortgage Interest (Amendment) Regulations 2021
These regulations, which come into force on 15 March 2021, amend the Loans for Mortgage Interest Regulations 2017 to provide that a claimant will not be required to repay their support for mortgage interest loan on sale of the relevant accommodation, if they meet specified conditions. Regulation 2(6) amends the 2017 Regulations to clarify that claimants who have fled the accommodation for which they receive support for mortgage interest loan payments due to fear of violence in the home will be able to continue receiving loan payments for that accommodation for a specified period of time. Regulation 3 amends the Social Fund Cold Weather Payments (General) Regulations 1988 to clarify which conditions a claimant who receives support for mortgage interest loan payments and is treated as entitled to state pension credit needs to meet in order to be entitled to a cold weather payment. For the 2021 Amendment Regulations, click here. For the 2017 Regulations, click here.

Hyde obtain a £81,000 judgment against a former tenant
On 9 February 2021 Hyde reported that it had obtained a court order against a former tenant who had unlawfully sublet his property requiring him to pay Hyde over £81,000. Following a call from a sub-tenant, a tenancy officer established that the tenant was living abroad and had not lived at the address for several years. A notice to quit was served and proceedings issued for possession on the basis of unlawful subletting since at least March 2014. Although the tenant surrendered the tenancy in November 2020, Batchelors, the housing association’s solicitors, proceeded to seek a money judgment for the arrears, unlawful profit order and costs. For a full report, click here.

Housing Ombudsman: webinars on landlord performance reports
On 9 February 2021 the Housing Ombudsman announced that, following the publication last year of performance data reports on all landlords with complaints recorded in 2019-20, the Ombudsman has  set up webinars for landlord staff. The webinars will go through the various elements of the reports and explain the data together with some geographical analysis. The webinars are interactive sessions to discuss key issues and offer the opportunity to ask questions of the Housing Ombudsman’s experts. For more details, click here.

Landlords given large fines for breaching property licensing requirements – Waltham Forest
On 11 February 2021 Waltham Forest Council reported that two landlords in the borough have been given large fines, totalling £135,000 when combined excluding additional costs and surcharges, for failing to maintain their privately rented homes and failing to license their properties. At a hearing at Thames Magistrates’ Court, Mr Mohammed Bhatti pleaded guilty to 12 charges in relation to breaches of management regulations at a number of properties on High Road, Leyton, as well as failing to license one of the homes. During inspections of the properties council officers discovered a wide range of serious issues including a lack of fire alarms, dangerous sockets, and blocked drains. Showers and sinks were cracked and filthy, and access to the top-floor flat was only possible via a dangerous staircase. Inspectors described it as one of the worst examples they had come across. For the report, click here. For an earlier report from Waltham Council concerning a landlord ordered to pay £336,000 for ignoring planning notices, click here.

Immigration advice for rough sleepers – London
On 15 February 2021 Homeless Link reported an announcement by the Greater London Authority of £233,000 funding for frontline organisations to support people sleeping rough in London with accessing immigration advice. Homeless Link is managing applications to the fund on the GLA’s behalf and will be supporting and monitoring successful grantees. The Immigration Advice for Rough Sleepers Fund will enable services to support people to prove or obtain secure immigration status and enable a positive move-on from the streets or from emergency accommodation. For more details, click here.

HOUSING LAWS IN THE PIPELINE
 

Telecommunications Infrastructure (Leasehold Property) Bill
This Government bill would amend the electronic communications code set out in Schedule 3A to the Communications Act 2003; by doing so, it would address one stated policy barrier: making it easier for telecoms companies to access multi-dwelling buildings (such as blocks of flats) where a tenant has requested a new connection, but the landlord has not responded to requests for access rights. The bill received its first reading in the House of Commons on 8 January 2020 and its second reading on 22 January 2020. For the second reading debate, click here. The committee stage was completed on 11 February 2020. For the committee debate, click here. The third reading in the House of Commons was on 10 March 2020; for the debate, click here. First reading in the House of Lords was on 11 March 2020. The second reading was on 22 April 2020. The committee stage was completed on 2 June 2020 and the report stage on 29 June 2020. The third reading was on 28 January 2021. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on 24 February 2021. For the bill, as amended by the Lords, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library after second reading in the House of Commons, click here.

Renting Homes (Amendment) (Wales) Bill
This Welsh Government bill seeks to amend the Renting Homes (Wales) Act 2016 to provide greater security for people who rent their homes in Wales. This will particularly affect those who live in the private rented sector and occupy their homes under a ‘standard occupation contract’, the equivalent to the current assured shorthold tenancy, after the 2016 Act comes into force. This additional security will primarily be achieved by extending the minimum notice period for issuing a section 173 notice under the 2016 Act (the equivalent of the current section 21 notice under the Housing Act 1988) from two months to six months. Landlords will also be prevented from issuing such a notice until at least six months from the date of occupancy. Further provisions will also ensure that landlords are unable to issue rolling ‘speculative’ notices on a ‘just in case’ basis. The bill was introduced in the Senedd on 10 February 2020. The Stage 1 motion to agree the general principles of the Bill was agreed in Plenary on 13 October 2020. Stage 2 began on 14 October 2020. Stage 2 consideration took place in Committee on 27 November 2020. Stage 3 commenced on 30 November 2020. Stage 3 consideration was due to take place in Plenary on 10 February 2021 to consider amendments to the Bill (as amended at Stage 2). For the bill as amended at Stage 3, all other documents relating to it, and to follow progress on the  bill, click here.

Fire Safety Bill
This Government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill completed its final stages in the House of Commons on 7 September 2020. It received its first reading in the House of Lords on 8 September 2020 and its second reading on 1 October 2020. The committee stage was completed on 29 October 2020. The report stage took place on 17 November 2020. The third reading took place on 24 November 2020. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on 24 February 2021. For the bill, as amended on report, click here. To read debates on all stages of the bill, click here. For a briefing note prepared by the Local Government Association on second reading in the House of Lords, click here. To follow progress of the bill, click here.

Supported Accommodation Bill
This private member’s bill, sponsored by Steve McCabe, would require developers to disclose for planning purposes an intention to use a building for supported housing or other accommodation that is specified for the purposes of Universal Credit and Housing Benefit; establish a suitability test for accommodation proposed for such use; and make provision about the fitness of persons to be landlords or managers of supported or other specified accommodation. The bill had its first reading on 18 November 2020 and is due to have its second reading on a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Supported Housing (Regulation) Bill
This private member's bill, sponsored by Kerry McCarthy, would regulate supported housing; make provision about local authority oversight and the enforcement of standards of accommodation and support in supported housing; and prohibit the placing of children in care in unregulated accommodation. It received its first reading on 11 November 2020. The second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Domestic Properties (Minimum Energy Performance) Bill
This private member’s bill, sponsored by Sir David Amess, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to give the Secretary of State powers to require persons to take action in pursuance of that duty. The first reading was on 14 July 2020 and the second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Sublet Property (Offences) Bill
This private members’ bill, sponsored by Sir Christopher Chope, would make the breach of certain rules relating to sub-letting rented accommodation a criminal offence and would make provision for criminal sanctions in respect of unauthorised sub-letting. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been yet further postponed to a date to be announced. To follow progress of the bill, click here.

Mobile Homes and Park Homes Bill
This private members’ bill, sponsored by Sir Christopher Chope, would require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; make provision in relation to the residential status of such homes; and amend the Mobile Home Acts. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to a date to be announced. To follow progress of the bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend the Mobile Homes Act 1983. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to a date to be announced. For the bill as introduced, click here. To follow progress of the bill, click here.

Houses in Multiple Occupation Bill
This private member’s bill, sponsored by Ian Levy, would amend the law relating to the licensing of houses in multiple occupation and increase penalties for the contravention of such licences. The bill received its first reading on 9 September 2020. The second reading has been further postponed to a date to be announced. The bill is being prepared for 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. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

Caravan Sites Bill
This private members’ bill, sponsored by Sir Christopher Chope, would amend the Caravan Sites and Control of Development Act 1960 to remove planning permission requirements for caravan site licence applicants. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. For the bill as introduced, click here. 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 would establish asylum seeker accommodation eviction procedures for public authorities. The first reading was on 10 February 2020. The second reading has been postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Vagrancy (Repeal) Bill
This private members’ bill, sponsored by Layla Moran, would repeal the Vagrancy Act 1824. It received its first reading in the House of Commons on 18 March 2020. The second reading has been further postponed to a date to be announced. For the bill as introduced, click here. To follow progress of the bill, click here.

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

Rented Homes Bill
This private member’s bill, sponsored by Baroness Grender, would amend the Housing Act 1988 to abolish assured shorthold tenancies; and to extend the grounds upon which landlords of residential housing may recover possession. First reading took place on 22 January 2020. The second reading will be on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Evictions (Universal Credit Claimants) Bill
This private members’ bill, sponsored by Chris Stephens, seeks to place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

Housing Act 2004 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend Part 3 of the Housing Act 2004 to provide that any selective licensing scheme for residential accommodation extends to social housing. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

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NEW HOUSING CASES
 

R (On the Application Of) Minott v Cambridge City Council [2021] EWHC 211 (Admin)

Summary

The court looked at whether a housing applicant might acquire a ‘local connection’ within the meaning of the Housing Act 1996 whilst living in temporary accommodation in circumstances where any housing duty owed to him had expired, a referral to another housing authority (HA) had been made and accepted, and after the right of occupation had been terminated. It determined that this could not be the case.

Facts
The Claimant had lived with his father until April 2018 when this relationship broke down. He then started sleeping in his van, sofa surfing and staying with his mother in Cambridge.

He made an application to Cambridge County Council (CCC) on 26 March 2019 and moved into the temporary accommodation property in question the next day.

CCC decided that the Claimant was homeless but did not have a local connection for the purposes of ss198-199 of the Housing Act 1996. The Claimant’s case was referred to Sandwell Council. By letter dated the 8 August 2019 the Claimant was informed of the decision and that if Sandwell accepted the referral they would owe him a housing duty.

On 19/8/19 CCC sent a letter to the Claimant pursuant to s.198(A1) HA 96 notifying him that Sandwell had accepted the referral. The letter explained that this meant CCC no longer owed him a housing duty.

On 22 August 2019 the Claimant sought a review of the decision. He applied on 27 August 2019 for accommodation pending the review. This was refused and CCC terminated the Claimant’s licence to occupy the property by notice dated the 22 August 2019.

After 2 September 2019 the Claimant occupied the accommodation without permission and unlawfully. Several attempts were made to change the locks but were not effective as the Claimant remained at the property. He remained in the property at the date of this hearing some 17 months later.

The Claimant was advised that Sandwell would offer accommodation. The Claimant told a member of CCC staff that ‘in a few weeks he would acquire a local connection’ and had therefore decided not to take up the offer of accommodation from Sandwell.

On 17 October 2019, following the refusal on review, the claimant made a further homelessness application claiming a change in circumstances on the basis that he had now been resident in Cambridge for six months.

Legislation
Section 84 of the Housing Act 1996 provides that a local authority must make enquiries as to eligibility upon a receipt of a homeless application. Section 188 imposes a duty to provide interim accommodation in any case of apparent need.

The local connection provisions prevent popular areas from becoming overwhelmed. Section 199 provides that a person has a local connection with the district of a local housing authority if:

(a) he is, or in the past was, normally resident there, and that residence is or was of his own choice;
(b) he is employed there;
(c) because of family associations, or
(d) because of special circumstances.

Where it is determined that there is no local connection, the case should be referred to the relevant local authority (s.198(a1)) and any interim and relief duties cease once an applicant has been notified of referral (s.199A(1)(a).

Case Law
The court was referred to the Homeless Code of Guidance 2018, Section 10 reiterates the guidance given by Lord Brightman in Re Betts [1983] 2 AC 613, emphasising the importance of local connection above its four criteria in isolation:

’“residence” may be changed in a day…but “local connection” means far more than that. It must be built up and established; by a period of residence; or by period employment; or by family associations which have endured in the area; or by special circumstances which spell out a local connection in real terms.’

The court was also referred to Mohamed v Hammersmith and Fulham LBC [2003] 1 AC 547 and found that there could be no doubt that temporary accommodation can count as normal residence. However, it was also clear that ‘the decision in Mohamed is not authority for the proposition that the mere fact of physical occupation of such interim accommodation for a period of six months is sufficient without more to establish a local connection’ [27].

The court also noted the decision in Begum v Tower Hamlets LBC [2005] 1 WLR 2103 where Neuberger LJ (as he then was) rejected the requirement that the applicant must show a ‘material change of circumstances’ in a new application and set out at 59-61 that the application must instead include new facts and these must not be ‘fanciful or trivial’.

Judgment
In a very succinct judgment the court set out its decision finding against the Claimant for the following reasons:

(i) At the time of the new application on 17 October 2019 the only alleged new fact was that the claimant by then had resided in the temporary accommodation for more than six months.

(ii) From the 2 September 2019 the Claimant had been in occupation unlawfully and had made a decision to remain to gain six months’ occupation. CCC owed him no housing duty from the time Sandwell accepted the referral.

(iii) Other than the passing of time nothing had changed. The Claimant did not have a local connection with Cambridge.

(iv) The simple passing of time and the unlawful occupation of the accommodation cannot amount to a new fact for the purposes of a new application under the HA 96.

(v) The new application was wholly fanciful. The actions of the Claimant in remaining in the property and thereby preventing others from using the much needed temporary accommodation and failing to engage with Sandwell was tantamount to a manipulation of the homeless statutory regime.

(vi) If such conduct were permissible any person in similar circumstances without a local connection, would be able to frustrate the referral system by refusing to leave until such time as he had resided for six months in one area.

The court therefore found that the decision of CCC to reject the new homeless application was not unlawful or irrational in a public law sense [45]. 

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


Trinity House of Deptford Strond v Prescott & Anor
[2021] EWHC 283 (QB)

Summary

The High Court held that a landlord could not rely on the ‘substantial rent arrears’ exception from the suspension of evictions under the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI.No.15/2021) (‘the January Regulations’) where a possession order was made under s.21 of the Housing Act 1988 even in circumstances when money judgment was made for rent arrears at the same time as the possession order.

Facts
In November 2018, the Claimant granted the Defendants a residential assured shorthold tenancy on a monthly rent for a 12-month term but determinable by two months’ notice. In 2019, the Defendants fell into substantial (more than two months) rents arrears. In August 2019, the Claimant served a s.21 notice and a NSP under s.8 of HA 1988, relying on arrears of rent (then five months) and threatening proceedings under Grounds 8,10, and 11 Sch.2 HA 1988. 
On 25 November 2019, the Claimant issued a claim for possession and a money judgment for arrears in the County Court. The only basis relied upon in the claim form for possession was the s.21 notice. In January 2020, the Claimant subsequently issued an application to amend the claim form seeking also to rely on Grounds 8,10 and 11 Sch.2 HA 1988.

County Court
At a hearing before the Deputy District Judge on 10th January 2020, the Judge:

(i)         Made no order on the application to amend; it appears because the DDJ had stated that s.21 was satisfied and counsel (presumably on the basis the Claimant was going to obtain possession) did not pursue the application to amend;

(ii)         Made an order for possession to be given by 14 days;.

(iii)        Held that rent arrears existed and gave the Claimant judgment against the Defendants in the sum of £27,633.36 (eight months).

The Claimant subsequently applied for a warrant of possession, and a writ of possession; however, enforcement did not take place due to the series of restrictions imposed as a consequence of the escalating Covid-19 pandemic from March 2020.

High Court
The January Regulations prohibited the execution of a writ or warrant of possession or the service of a “notice of eviction” in relation to residential premises following the making of an order for possession until 21 February 2021. The prohibition is, however, subject to certain exceptions including where there are substantial rent arrears being more than six months’ worth in amount (regulation 2(3)). At the time of the hearing, the Defendants had remained in possession of the property and arrears had accrued to slightly over £70,000 (21 months).

The key issue in the High Court was whether the ‘substantial arrears’ exception applied where the possession order was made on grounds wholly or partly based on non-payment of rent or whether it also applied where the order for possession was made solely on a different basis (s.21).

The submissions advanced on behalf of the Claimant did not involve a judicial review challenge of the January Regulations or a declaration of incompatibility under the Human Rights Act; rather an argument that the rent exception should be ‘read’ relying on s.3(1) of the Human Rights Act 1998 as extending to a situation where there were substantial arrears and where there was an order for possession (the order for possession being under s.21 with a judgment for rent arrears).

Master Dagnall expressed some concern as to whether it was appropriate to engage section 3 HRA 1998 to consider the compatibility of the January Regulations with the Convention. He decided, however, to do so, and accepting the January Regulations interfered with the existing order for possession and thus the Claimants’ A1P1 rights, and proceeded on the assumption there was relevant discrimination caused by the rent exception, examined the justification and policy objectives to determine whether the difference in effect was directed towards a legitimate aim.

Master Dagnall considered that the basis of an order for possession under s.21 fell into a different category from orders under Grounds 8, 10 and 11 Sch.2 HA 1988. In particular, the basis of such an order is simply a matter of a landlord’s choice and, unlike Grounds 8, 10 and 11 Sch.2 HA 1988, it had no necessary connection with any rent arrears [77].

Conversely, the policy for creating an exception to possession orders under Grounds 8,10 and 11 Sch.2 HA 1988 was directed towards tenants who had been found to be in substantial arrears and such arrears of themselves justified the making of an order for possession. For the tenant to continue then to be allowed to have the substantial arrears accruing, it was considered, would amount to a defiance of the law and the order for possession and would both be egregious and affect the integrity of the residential market [76]. Master Dagnall, therefore, found that any discrimination was ‘justified’ and thus that the January Regulations were not non-compliant with Convention Rights.

In the alternative, even if there had been unjustified discrimination, Master Dagnall considered that it was not possible within the meaning of s.3 HRA 1998 to ‘read’ the rent exception in the way contended by the Claimant both because it was against the thrust or grain of the legislation and such would involve an impermissible venture of the court into the domain of the legislator [88].

In the circumstances, Master Dagnall was not satisfied that the ‘rent exception’ provided for in regulation 2(3) of the January Regulations applied to the circumstances of this case and thus would not make the declaration sought and the eviction process could proceed.

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

Right to Regenerate: reform of the Right to Contest
This consultation is to help to shape a reform of the Right to Contest, in order to encourage the right to be utilised more effectively and more widely to stimulate regeneration and the more productive use of land. Strand 2 of the Community Right to Contest allows members of the public to request that the government directs the disposal of unused or underused land, including vacant homes and garages, owned by public bodies. This right is little-known and little-used, with only one direction to dispose issued since 2014.

The aim of this consultation, which will close on 13 March 2021, is to strengthen the right and make it simpler to use as the new ‘Right to Regenerate’. This will provide a quicker and easier route for individuals, businesses and organisations to identify, purchase and redevelop underused or empty land in their area. In turn, the strengthened right will support greater regeneration of brownfield land, boost housing supply and empower people to turn blights and empty spaces in their areas into more beautiful developments. For the consultation document, click here.

Safer buildings in Wales
The Welsh Government is consulting on proposals for comprehensive reform of legislation that contributes to building safety in Wales. It focuses on legislative change across the lifecycle of buildings as well as setting out aspirations for culture change in the way buildings are designed, constructed and managed. The consultation ends on 12 April 2021. For the consultation documents, click here.

Welsh Ombudsman: New draft Guidance on the Code of Conduct for members of County and Community/Town Councils
The Ombudsman for Wales has published new draft Guidance on the Code of Conduct for members of County and Community/Town Councils. Any comments should be submitted to communications@ombudsman.wales by 28 February 2021. For the draft guidance, click here.

NEW HOUSING LAW ARTICLES & PUBLICATIONS
 

#KeepTheLifeline: urging the Government to keep the £20 UC uplift Lucy Bannister Joseph Rowntree Foundation 10 February 2021 – to read the article, click here

Seeking to employ a Building Safety Manager Emma Burrows Trowers & Hamlins 11 February 2021 – to read the article, click here

“Do you remember the first time?” Local connection and second applications SW Nearly Legal 12 February 2021 – to read the article, click here

For young people, there has never been a more crucial time for mental health support Pascale Day Centrepoint Blog 12 February 2021 – to read the article, click here

The Right to Regenerate (potentially) Jonathan Corris and Hannah Langford Devonshires 12 February 2021 – to read the article, click here

Misc – possession and mediation, money and remediation Giles Peaker Nearly Legal 12 February 2021 – to read the article, click here

Substantial debts are not substantial arrears J Nearly Legal 14 February 2021 – to read the article, click here

Housing conditions: update (Feb 21) Catherine O'Donnell Legal Action February 2021– to read the article (subscription required), click here

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

HOUSING LAW DIARY
 

18 February 2021                                 
Closing date for legal aid tenders for housing and debt advice

24 February 2021                                 
Telecommunications Infrastructure (Leasehold Property) Bill: House of Lords amendments to be considered by the House of Commons (see Housing Laws in the Pipeline)

24 February 2021                                 
Fire Safety Bill: House of Lords amendments to be considered by the House of Commons (see Housing Laws in the Pipeline)

28 February 2021                                 
Closing date for submissions to Welsh Ombudsman’s consultation on new draft Guidance on the Code of Conduct for members of County and Community/Town Councils (see Housing Law Consultations)

8 March 2021                                       
Report stage in the House of Lords of the Domestic Abuse Bill

15 March 2021                                     
Loans for Mortgage Interest (Amendment) Regulations 2021 come into force (see Housing Law News and Policy Issues)

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Temporary Accommodation Contracts & Standards Officer
Waltham Forest Council
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Waltham Forest Council
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Waltham Forest Council
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London Borough of Brent
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Brighton and Hove City Council
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Epping Forest District Council
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Epping Forest District Council
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Housing Strategy, Information and Policy Team Manager
Epping Forest District Council
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Allocations Officer
Epping Forest District Council
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Housing Register Assessment Officer
Epping Forest District Council
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Account Manager
Brighton and Hove City Council
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London Borough of Hounslow
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Private Sector Housing Assistant
Milton Keynes Council
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Milton Keynes Council
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Milton Keynes Council
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