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HOUSING
LAW NEWS & POLICY ISSUES
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Impact of homelessness on EU
citizens living in Great Britain
On 9 November 2021 Crisis
published the results of research,
carried out jointly by Heriot Watt
University and IPPR, showing that people
from EU countries living in Britain are
nearly three times more likely to
experience rough sleeping than the
general adult population and are twice
as likely to experience homelessness
overall because they struggle to access
support. Job loss is a key driver of
homelessness with housing insecurity and
barriers to usual support also leaving
many struggling without any help. Crisis
is urging the Government to provide a
package of emergency accommodation and
specialist employment support to help EU
citizens into work and a safe place to
live, so they can leave homelessness
behind for good. For details of the
research, click
here. For an article in
the Guardian concerning this
issue, click
here.
Landlord possession statistics –
England and Wales
On 11 November 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 July to September 2021. When
compared to the same quarter in 2019,
landlord possession claims, orders,
warrants and repossessions by county
court bailiffs decreased by 64 per cent,
75 per cent, 69 per cent and 35 per cent
respectively. However, when compared to
the same quarter in 2020, over 100 per
cent increases were recorded across all
actions. Possession claims rose from
3,956 to 10,202, orders from 131 to
5,600, warrants from 919 to 4,492 and
repossessions from zero to 4,853. For
the statistics (combined with those for
mortgage possession below), click
here. For the response
of Crisis, click
here.
Mortgage possession statistics –
England and Wales
On 11 November 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 July to September 2021.
Compared to 2019, pre-Covid-19 mortgage
possession claims, orders, warrants and
repossessions by county court bailiffs
have decreased by 59 per cent, 70 per
cent, 81 per cent and 68 per cent
respectively. However, compared to the
same quarter in 2020, all mortgage
actions increased by over 100 per cent.
Mortgage possession claims increased
from 109 to 2,833, orders from 25 to
1,235, warrants from 24 to 933 and
repossessions by county court bailiffs
increased from zero to 385.For the
statistics (combined with those for
landlord possession above), click
here.
Supported exempt accommodation –
England
On 14 November 2021 the House
of Commons Library published an overview
of the regulation of supported exempt
accommodation and calls for increased
oversight, improved funding, and better
standards of support provision. The
sector houses more marginalised groups
with support needs, such as recent
prison leavers; care leavers; those
fleeing domestic violence; and homeless
people with substance dependence or
mental health issues. For the
publication, click
here.
Local Government Ombudsman
criticises council over ASB case
On 11 November 2021 the Local
Government and Social Care Ombudsman
reported its finding that Luton Borough
Council did not do enough to help a
local woman who had been verbally abused
and harassed by her neighbours. The
woman had logged concerns about
antisocial behaviour (ASB) and
harassment from her next-door neighbours
since 2012, after she initially reported
them to the council for causing a
nuisance by feeding vermin. She made
numerous complaints about her
neighbours, but the council’s Priority
ASB team closed her case. A council
investigation into her complaint wrongly
directed her to the Housing Ombudsman.
The Local Government Ombudsman’s
investigation found the council did not
tell the woman about her right to use
the Community Trigger (a review of the
ASB complaint by the council, police and
other agencies), despite her repeatedly
expressing her dissatisfaction with the
council’s investigation. For the report,
click
here and
follow the link at the top right of the
page opened.
Guidance: limit on annual rent
increases 2022-23
On 15 November 2021 the DLUHC
published its annual document containing
adjusted tables to help social housing
providers ensure that they use the
correct annual percentage to inflate
their rent. For the guidance, click
here.
Housing Ombudsman: complaint
handling failure orders
On 9 November 2021 the Housing Ombudsman
reported that it had issued 29 complaint
handling failure orders between July and
September 2021, highlighting issues with
progressing complaints and meeting its
standards on complaint handling. The
purpose of complaint handling failure
orders is to ensure that a landlord’s
complaint handling process is
accessible, consistent and enables the
timely progression of complaints for
residents. In 24 cases the landlords
complied, and there were five cases of
non-compliance. For more details, click
here. For the updated
report itself, click
here.
HCLG Committee to question Homes
England
On 15 November 2021 the Chair and Chief
Executive of Homes England appeared
before the Commons Committee on Housing,
Communities and Local Government. The
Committee questioned the witnesses on
the work and impact of Homes England,
whose principal responsibilities include
increasing the supply of new housing,
including affordable homes, and
supporting first-time buyers into
homeownership. To watch the session, click
here.
Criminal landlords – England
On 12 November 2021 the National
Residential Landlords Association
reported that two-thirds of English
councils have prosecuted no landlords
for offences related to standards in or
the management of private rented housing
over the last three years. A further 10
per cent had secured just one successful
prosecution. The NRLA obtained the data
via Freedom of Information Act requests
from 283 local authorities across
England. The Association is warning that
this failure to take action against the
criminal minority brings the sector into
disrepute and risks undermining further
reform of the sector. For more
information, click
here.
Fire safety
On 12 November 2021 the Guardian
reported: “Rebel Conservative MPs have
called on the government to stop
charging VAT on fire safety repairs to
rescue leaseholders from a potential
£2.5bn tax bill.” Amendments were tabled
to the Building Safety Bill in an
attempt to protect affected households
from the soaring costs of fixing
combustible cladding and other defects.
For the report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 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 has
been postponed to 19 November
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 its
second reading has been postponed to 26
November 2021.The Bill awaits
publication. To follow progress of the
Bill, click
here.
Domestic Building Works
(Consumer Protection) Bill
This Bill, sponsored by Mark Garnier,
would make provision about consumer
protection in relation to domestic
building works. It was presented to
Parliament on 21 June 2021. Second
reading, is scheduled to take place on
Friday 19 November 2021. The second
reading is scheduled to take place on 19
November 2021. For the Bill as
introduced, click
here. To
follow progress of the Bill, click
here.
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Clarion Housing Association
Ltd v Carter
[2021] EWHC 2890 (QB)
The appellant housing association
(Clarion) appealed against the decision
of Deputy Circuit Judge Holt in the
county court where he gave judgment
dismissing the claim for possession
against the respondent, Ms Louise Carter
(Louise). He decided that Louise was
entitled to stay on at the property
where she had been living with her late
mother, Monica Carter, as amongst other
things, she became an assured tenant of
the property in equity on her mother’s
death.
Facts
Monica Carter became a secure tenant of
the property in 1987. After a series of
transfers and mergers, she became an
assured tenant under the 1998 Act and
the property was ultimately transferred
to Clarion who became her landlord. In
October 2004, due to health
difficulties, Louise moved into the
property to become her mother’s carer.
It was undisputed at the time of the
proceedings that the property had been
Louise’s principal residence since late
2004.
In December 2015 Clarion adopted a
policy whereby when a tenant died and a
member of the deceased tenant's family
wished to succeed to the tenancy, the
general approach was to allow only one
succession for each tenancy. On 13 June
2017, Monica Carter died intestate.
Louise asked Clarion whether she could
buy the property. Clarion refused and
served a notice to quit.
In August 2017, Louise put her request
in writing to succeed the tenancy. In
October 2017, Clarion refused the
request to succeed to the tenancy on the
ground that the property was not her
main home. Louise then completed an
application to succeed. In January 2018,
Clarion refused the application without
providing any reason and confirmed it
required vacant possession on 28th
February 2018. Louise did not deliver up
possession.
In March 2018, Clarion wrote to Louise
denying that she enjoyed succession
rights and requested vacant possession
which was followed up with a notice of
seeking possession citing ground 7 in
schedule 2 to the 1988 Act. In May 2018,
letters of administration were granted
to Louise in respect of her mother’s
intestacy. A week later there was an
express assent of the tenancy to Louise.
Thereafter, Clarion issued a third
notice to quit and served it on the
personal representatives and the Public
Trustee. It then issued the possession
proceedings on 7 June 2018.
First instance decision
DCJ Holt decided that on her mother's
death, Louise, being in occupation of
the property, became an assured tenant
of the property in equity under the law
of intestacy. He also found that the
notice to quit was "of no effect" and if
it were necessary, that the notice to
quit was "incorrectly served". He
rejected Clarions’ case for possession
on ground 7 and found in favour of
Louise on the public law and article 8
defence points.
Decision on appeal
The first issue considered on appeal was
whether Louise became an assured tenant
in equity on her mother’s death. Clarion
argued that in the absence of any
statutory succession, security of tenure
was lost on Monica Carter's death,
leaving Clarion free to serve a notice
to quit and thereby end the tenancy.
Further, Clarion claimed that DCJ Holt
was wrong to find that Louise became an
assured tenant in place of her mother as
a beneficiary under a trust arising from
the law of intestacy. Louise Carter
argued she had a sufficient equitable
interest to succeed to the assured
tenancy; she had an inchoate right to
establish title to the tenancy pending
her appointment as a personal
representative. Alternatively, her
interest was sufficient to bring her
within the wide definition of "tenant"
in section 45(1) of the 1988 Act.
Mr Justice Kerr found this issue to be a
difficult one but ultimately was not
persuaded by the respondent’s arguments.
He considered that Louise's interest,
whether termed an inchoate right or a
chose in action or a putative or nascent
equitable interest, was too weak to
count as a tenancy in equity and
therefore by a narrow margin he could
not agree with the decision that Louise
was an assured tenant of property in
equity under the law of intestacy.
The second issue on appeal was whether
Louise became entitled on her mother’s
death to enforce the contractual
succession rights in the tenancy
agreement. Clarion argued it benefited
from the doctrine of privity of
contract; the respondent was not a party
to the tenancy agreement and it predated
the effect of the Contracts (Rights of
Third Parties) Act 1999. Louise
contended that by an exception to the
common law doctrine of privity of
contact, she was the beneficiary of a
trust of the promise made by Clarion to
her mother not to terminate the tenancy
where certain pre-conditions of
entitlement in the tenancy agreement
were met.
Kerr J concluded that this was a case
where the equitable exception to the
doctrine of privity of contract was made
out and, therefore, Louise was entitled
to rely as against Clarion on the
succession terms in the tenancy
agreement.
A remaining point to be considered was
whether Louise had sufficiently complied
with the contractual pre-conditions of
entitlement to be entitled to succeed
her mother’s tenancy. The contractual
conditions were set out in the judgment
at [paras 89-91]. Kerr J found the
judge’s conclusion that the relevant
requirements had been fulfilled was
unassailable and correct. It followed
that Louise was entitled to enforce and
did effectively enforce the contractual
succession provisions in the tenancy
agreement. This had the ultimate effect
that Clarion could not rely on ground 7
of Schedule 2 to the 1988 Act as it had
covenanted not to rely on the ground in
circumstances when the contractual
succession provisions had been met.
Mr Justice Kerr also considered the
remaining three issues raised on appeal,
namely: the service of notice to quit on
the Public Trustee and the public law
and article 8 defence points. As to the
former, if it were necessary to do so,
he would have found the notice was
properly served prior to the expiry
date. On the public law defence point,
Kerr J was satisfied the judge’s
reasoning and conclusions on this issue
were correct; Clarion’s decision to
serve the notice to quit and to commence
possession proceedings were tainted by
illegality and procedural unfairness,
had it followed its policy, it would
have recognised Louise’s right to
succeed the tenancy. On the article 8
point, Kerr J would have remitted this
issue had it been necessary to do so as
the first instance decision lacked any
reasoning on this point although as a
free-standing defence point, he
considered unlikely to have been
successful given the exceptional nature
of the defence.
Ultimately, Clarion’s appeal was
dismissed for the reasons outlined
above.
Summary by Henry
Percy-Raine, barrister,
Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Housing at the heart of
climate action Matt
Dicks CIH Blog 9 November 2021
– to read the article, click
here
Why a landlord register is
good for tenants and landlords Vanessa
Vaughan Shelter Blog 10
November 2021 – to read the article, click
here
Centrepoint’s legal team
took on the benefits system – and
won Nina Calder Centrepoint
Blog 11 November 2021 – to read
the article, click
here
Notices of Seeking
Possession revert to pre-pandemic
notice periods Amirah
Adekunle-Fowora Devonshires 11
November 2021 – to read the article, click
here
Review or repetition? Nearly
Legal 11 November 2021 – to read
the article, click
here
The Domestic Abuse Act 2021
– What does it mean for social
housing providers? Donna
McCarthy Devonshires 11
November 2021 – to read the article, click
here
Focus on tenancy fraud Raj
Vine Devonshires 11 November
2021 – to read the article, click
here
Sector Risk Profile 2021 –
what registered providers need to
look out for Jo Loake
Local Government Lawyer 12
November 2021 – to read the article, click
here
Possession news Giles
Peaker Nearly Legal 12
November 2021 – to read the article, click
here
After Cornish staycation summer,
locals fear a winter of evictions Rachel
Stevenson Observer 15 November
2021 – to read the article, click
here
‘I have to move my bike to
get to the fridge’ – the UK boom in
microflats Julia
Kollewe Guardian 15 November
2021 – to read the article, click
here
Should we be talking about
endings in Housing First? Imogen
Blood Homeless Link 15
November 2021 – to read the article, click
here
They’re making a list,
they’re checking it twice Giles
Peaker Nearly Legal 15
November 2021 – to read the article, click
here
Housing: recent developments
(November 21) Jan Luba
QC and Sam Madge-Wyld Legal Action
– to read the article (subscription
required), click
here
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19 November 2021
Postponed second reading of Caravan
Sites Bill (see Housing Laws in the
Pipeline)
19 November 2021
Second reading of Domestic Building
Works (Consumer Protection) Bill (see Housing
Laws in the Pipeline)
23 November 2021
Public Bill Committee scrutinising the
Judicial Review and Courts Bill expected
to report to the House of Commons
26 November 2021
Postponed second reading of Homeless
People (Current Accounts) Bill (see Housing
Laws in the Pipeline)
29 November 2021
Housing (Right to Buy) (Designated Rural
Areas and Designated Regions) (England)
Order 2021 comes into force
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