HOUSING LAW NEWS & POLICY ISSUES

Building safety and cladding
On 10 August 2021 the Law Society launched new guidance to help home buyers and sellers to understand building safety and cladding issues. The guidance covers: the issues to be investigated before the transaction proceeds, who can conduct the investigation and what solicitors can do to help; fire risk assessments; the EWS1 form; the types of buildings that can be affected and the effects of different ownership models of these buildings; buildings insurance; and government grants. For the guidance, click here.

Landlord possession statistics – England and Wales
On 12 August 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 April to June 2021. When compared to the same quarter in 2020, landlord possession claims, orders, warrants and repossessions by county court bailiffs increased by over 100 per cent across all actions. Possession claims rose from 3,023 to 7,000, orders from 656 to 5431, warrants from 274 to 3,709 and repossessions from zero to 1,516. However, when compared to the same quarter in 2019, these actions have decreased by 74 per cent, 75 per cent, 73 per cent and 80 per cent respectively. For the statistics (combined with those for mortgage possession below), click here.

Mortgage possession statistics – England and Wales
On 12 August 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 April to June 2021. Compared to the same quarter in 2020, which was the start of Covid-19 pandemic, all mortgage actions increased by over 100 per cent. Mortgage possession claims increased from 161 to 2,498, orders from 146 to 402, warrants from 10 to 513 and repossessions by county court bailiffs increased from 3 to 44. However, when compared to 2019, pre-Covid-19 mortgage possession claims, orders, warrants and repossessions by county court bailiffs have decreased by 60 per cent, 90 per cent, 89 per cent and 96 per cent respectively. For the statistics (combined with those for landlord possession above), click here.

Social housing; new expert group created
On 9 August 2021 the MHCLG announced that a new ‘Expert Challenge Panel’, drawn from across the housing sector, had been formed to advise the government on delivery of the social housing white paper. Membership of the Expert Challenge Panel is: Chartered Institute for Housing; Collaborative Centre for Housing Evidence; Communities that Work; Confederation of Co-operative Housing; De Montfort University; HACT; Local Government Association; National Federation of Tenant Management Organisations; National Housing Federation; Shelter; Social Value Lab; Standing Together Against Domestic Abuse; TAROE Trust; and Tpas. For more details, click here.

Help to Buy (equity loan scheme): to 31 March 2021
On 13 August 2021 the MHCLG published Help to Buy (equity loan scheme) data to 31 March 2021. The data show:

• 15,341 properties were bought with an equity loan, an increase of 61 per cent from the same period in 2020.
• From 1 April 2013 to 31 March 2021, 328,506 properties were bought with an equity loan.
• The total value of these equity loans so far totals £20.1 billion.
• The value of the properties sold under the scheme totals £91.1 billion.
• 82 per cent of all completions are by first time buyers.

For the full data, click here. For a press release marking the news that total loans had passed £20 billion, click here.

Help to Buy: ISA Scheme Quarterly Statistics: December 2015 to 31 March 2021
On 13 August 2021 HM Treasury published statistics on the government’s Help to Buy: ISA scheme. They show:

• Since the launch of the scheme, 410,075 property completions have been supported by the scheme.
• 538,840 bonuses have been paid through the scheme with an average bonus value of £1,073.
• The highest number of property completions with the support of the scheme is in the North West and Yorkshire and The Humber, with the lowest number in the North East and Northern Ireland.
• The mean value of a property purchased through the scheme is £175,010 compared to an average first-time buyer house price of £214,452 and a national average house price of £256,405.
• The median age of a first-time buyer in the scheme is 28 compared to a national first-time buyer median age of 30.

For the full statistics, click here.

Waking Watch Relief Fund Data as of 31 July 2021
On 12 August 2021 the MHCLG published data on the progress of the Waking Watch Relief Fund. The data show:

• There have been 273 applications for funding, of which 179 have been successful.
• The applications relate to 368 buildings, in respect of which 264 have been successful.
• £22.5 million of funding has been approved.

For the full data, click here.

Building Safety Programme
On 12 August 2021 the MHCLG released data from the government’s Building Safety Programme. The data show:

• At the end of July 2021, 93 per cent (440) of all identified high-rise residential and publicly owned buildings in England had either completed or started remediation work to remove and replace unsafe Aluminium Composite Material (ACM) cladding (96 per cent of buildings identified at 31 December 2019) – an increase of one building since the end of June.
• 383 buildings (81 per cent of all identified buildings) no longer have unsafe ACM cladding systems – an increase of four since the end of June. 271 (57 per cent of all buildings) have fully completed remediation – an increase of four since the end of June.
• Of those with ACM cladding remaining, 57 have started remediation. Of the 33 (7 per cent) buildings yet to start, seven are vacant (1 per cent of all identified buildings), so do not represent a risk to resident safety, and 18 additional buildings were identified after 31 December 2019.
• 98 per cent (157) of social sector buildings have either completed or started remediation. Of these, 151 (94 per cent) have had their ACM cladding removed.
• 90 per cent (196) of private sector buildings have either completed or started remediation. Of these, 155 (71 per cent) have had their ACM cladding removed.

For the full data, click here.

Tenancy deposit schemes
On 11 August 2021 the House of Commons Library published a briefing paper explaining the duty on private landlords to protect tenants’ deposits. It discusses ongoing issues with tenancy deposit protection and proposed reforms in England. For the briefing paper, click here.

Breach of banning order prosecuted – Telford and Wrekin
On 12 August 2021 Telford and Wrekin Council reported that the first landlord in the country to receive a banning order under the Housing and Planning Act 2016, when the new law was introduced in 2019, has been convicted of breaching the original order. The banning order had prohibited David Beattie from letting housing in England, engaging in English letting agency work or engaging in English property management work for a period of five years to August 2024. Mr Beattie let out a property between June 2020 and November 2020. He pleaded guilty at Shropshire Magistrates’ Court to one charge of breaching the order. Sentencing has been adjourned to October 2021. For the report, click here.

EU Settlement Scheme: late applicants
On 6 August 2021 the Home Office confirmed that EEA citizens and their family members who apply late to the EU Settlement Scheme (EUSS) will have their rights protected. Landlords are advised to get in touch with the Landlord Checking Service if they have a prospective tenant who has confirmation of a late application to the EUSS. For more details, click here. For the Landlord Checking Service, click here.

HOUSING LAWS IN THE PIPELINE

The House of Commons and the House of Lords each rose for its summer recess on 22 July and will return on 6 September.

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.

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 will take place on a date to be scheduled. 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

Warm Home Discount: better targeted support from 2022
The Warm Home Discount scheme obliges participating energy suppliers to provide rebates to their customers, to reduce energy bills for low-income and vulnerable households and tackle fuel poverty.

This consultation proposes to expand and reform the scheme in England and Wales until 2026, in line with the commitments announced in the Energy White Paper in 2020. The objective of the reforms is to improve the fuel poverty targeting rate of the scheme and ensure more fuel poor households can receive rebates on their energy bills automatically, through the use of data matching. The Department for Business, Energy & Industrial Strategy would particularly welcome responses from energy suppliers and charities and other organisations focusing on fuel poverty and vulnerable people.

For the consultation, which closes on 22 August 2021, click here.

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.

Domestic Abuse Act statutory guidance
On 3 August 2021 the Home Office issued a consultation seeking views on draft domestic abuse statutory guidance which will support the implementation of the definition of domestic abuse at sections 1 to 3 of the Domestic Abuse Act 2021. The key objectives of the guidance are to:

• provide clear information on what domestic abuse is in order to assist with its identification
• provide guidance and support to frontline professionals, who have responsibilities for safeguarding and supporting victims of domestic abuse, for example through outlining relevant strategic and operational frameworks
• improve the institutional response to domestic abuse by conveying best practice and standards for commissioning responses.

The consultation seeks the views of, amongst other professionals, local housing and homelessness teams, and registered social landlords. For details of the  consultation, which closes on 14 September 2021, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Can homeless people claim benefits? Centrepoint 13 August 2021 – to read the article, click here

A closed mind and a failed possession claim Marina Sergides Nearly Legal 16 August 2021 – to read the article, click here

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

HOUSING LAW DIARY

22 August 2021                                   
Deadline for submissions to the consultation on the Warm Home Discount: better targeted support from 2022 (see Housing Law Consultations)

6 Septemeber 2021                                   
Parliament returns from Summer recess

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk

Featured Jobs of the Week

Housing Advisory Officer 37 hours per week £29,577- £31,346 per annum We require an experienced caseworker to join our team which offers a wide range of housing options and services to a diverse client group. The successful candidate will have excellent oral and written communication skills with the ability to work with customers in a front line setting. Your ability to negotiate with a range of agencies and partner organisations in both the private and voluntary sector to deliver support services and positive outcomes for clients is essential. The successful candidate will have a sound knowledge of the Homeless Reduction Act (HRA) and can demonstrate how clients have been helped in innovative and proactive ways to prevent homelessness or secure accommodation. There will be ongoing training opportunities to update or refresh work skills and housing law knowledge. This role benefits from a minimum of 29 days’ Annual Leave plus 8 statutory Bank Holidays, access to the council’s Flexi Scheme, casual car user, access to the Local Government Pension Scheme. For an informal chat about the role, please contact John Cameron, Senior Housing Advisory Officer, on 01772 906404 or j.cameron@preston.gov.uk   Post Number: COAC02006 Closing Date: Thursday 9th September 2021 Interview Date: Wednesday 29th September 2021 For more details, click here

Homeless Prevention Officers x2

(Ref No: CHOU997)
Temporary 2 year Fixed Term Contract
£23,541 pa - £25,991 pa  + Car Allowance up to £1,239 pa

Mid Sussex District Council is an ambitious, forward thinking local authority and a great employer to work for, with great staff benefits to offer, including subsided leisure centre membership, generous holiday, pension and free car parking.

We are looking for a Homeless Prevention Officer to join our busy frontline Housing Needs Team to implement the new Prevention Duty under the Homelessness Reduction Act 2017.

You will be able to work on your own initiative and have a positive, enthusiastic, and cheerful attitude towards the public and colleagues.  You will have excellent interpersonal skills, including the ability to communicate calmly even when under pressure.  

Detailed knowledge of homelessness legislation, welfare benefits and landlord & tenant law would be desirable but is not essential.  Keeping clear and concise records will be an essential part of your work.  You will also be expected to visit people in their own homes.

For a further discussion about the role(s), please contact Alice Morel, Senior Housing Needs Officer, on 01444 477311 / alice.morel@midsussex.gov.uk.

For a recruitment pack, apply on-line by visiting the Jobs at Mid Sussex section of our website by clicking here. For more details about the position, click here. CVs will not be accepted.  Please note that any job offer is subject to Basic Disclosure and Barring Service (DBS) clearance.

Close Date: 9th September 2021. Interview Date: 20th/21st September 2021

RECRUITMENT

Brighton and Hove City Council
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Mid Sussex District Council
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Oxford City Council
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Royal Borough of Kensington and Chelsea
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Optivo
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