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HOUSING
LAW NEWS & POLICY ISSUES
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Homeless deaths
On 22 February 2021 the Dying
Homeless Project reported the results of
research into the deaths of homeless
people in 2020 which included more than
300 Freedom of Information requests. It
found:
- Fatalities rose 37 per cent to 976
as people struggled to access services
already stretched by pre-pandemic
cuts.
- Offers of hotel accommodation were
successful at preventing deaths from
Covid-19.
With someone homeless dying every nine
and a half hours, campaigners are
calling for a reset of government
policy. Click
here for more details.
Church of England land should be
used for affordable housing: new
report
On 22 February 2021 the Church
of England published a report
commissioned by the Archbishops of
Canterbury and York – Coming Home
– setting out “vital actions for the
Church, Government and other
Stakeholders to take with a focus on
building better communities and more
truly affordable homes, not just
houses”. Amongst other recommendations,
the report states that “the Church
should enable the Church Commissioners’
strategic land portfolio – around 3 per
cent of their total assets – to be used
to help deliver the higher volumes of
truly affordable housing that are
needed.” The full report sets out
options and recommends that a review is
established to examine how this is best
achieved, whilst ensuring that the
ongoing financial obligations of the
Church Commissioners can still be met.
For the report, click
here. For an executive
summary, click
here. For a report in
the Guardian, click
here.
Rent arrears during the
pandemic: Resolution Foundation
On 16 February 2021 Resolution
Foundation published research – Getting
ahead on falling behind – showing
that over 750,000 families are currently
in arrears with their housing payments,
and over half (450,000) of these
families are likely to have fallen
behind as a direct result of the
Covid-19 crisis. Of these families in
arrears, 300,000 include dependent
children.
The report notes that the UK’s jobs
crisis is driving this disparity across
housing tenure. Close to one-in-four (24
per cent) private renters have seen
their earnings fall during the Covid-19
crisis, compared to one-in-six (16 per
cent) working age adults with a
mortgage. Another factor is that over
the course of the pandemic, one-in-ten
(10 per cent) of families with a
mortgage have received a mortgage
holiday from their provider, giving them
some much-needed respite. In contrast,
just 3 per cent of private renters and 2
per cent of social renters successfully
negotiated rent reductions over the
pandemic period. Strikingly, 5 per cent
of private renters were also refused
reductions, despite asking for them –
ten times the refusal rate for
mortgagors in the same position. For the
report, click
here. For a press
release in respect of it, click
here.
Rent arrears during the
pandemic: HouseMark data
On 22 February 2021 HouseMark
published its latest Covid-19 impact
data revealing that sector arrears have
reached a record high, with more than £1
billion now outstanding in arrears. This
represents a global increase of around
30 per cent, which equates to an
additional £300 million since March
2020. Forecasts estimate that arrears
levels may not return to pre-pandemic
levels until March 2022. For more
details, click
here.
‘Chancellor must act to tackle
rent debt crisis’
On 18 February 2021 The Big
Issue Ride Out Recession Alliance,
Crisis, Citizens Advice, Joseph Rowntree
Foundation, Money Advice Trust, The
Mortgage Works, National Residential
Landlords Association, Nationwide
Building Society, Propertymark,
StepChange Debt Charity and Shelter
issued a joint statement calling for:
- A targeted financial package to help
renters pay off arrears built since
lockdown measures started in March
last year.
- A welfare system that provides
renters with the security of knowing
that they can afford their homes.
For the statement, click
here.
Home First: CSJ report
On 19 February 2021 the Centre
for Social Justice published a report –
Close to Home: Delivering a national
Housing First programme in England
– calling for the roll-out of a national
Housing First programme and drawing on
recent learning to map out what this
should entail. The CSJ says that Housing
First is an effective way of tackling
and preventing rough sleeping for people
whose homelessness is compounded by
serious mental health issues, drug or
alcohol dependency, or a history of
trauma. It does this by providing
ordinary settled housing alongside
intensive, person-centered support. The
Government has recognised the role
Housing First can play in tackling rough
sleeping, with £28 million invested in
three city region Housing First pilots
and a commitment to further roll out.
Unfortunately a direct link is not
available. For a blog piece by Homeless
Link concerning the report, click
here.
Ministry of Housing, Communities
and Local Government: second
headquarters
On 20 February 2021
Communities Secretary Robert Jenrick
confirmed that the Government will
create a second headquarters in
Wolverhampton with at least 500 MHCLG
Group roles set to be based across the
West Midlands by 2025, with further
increases planned by 2030. For the
announcement, click
here.
Help to Buy: Equity Loan Scheme
– England
On 18 February 2021 the MHCLG
published statistics showing cumulative
sales since the launch of the Help to
Buy (Equity Loan) Scheme on 1 April
2013. From 1 April 2013 to 30 September
2020:
- 291,903 properties were bought with
an equity loan.
- 82 per cent of all completions were
by first-time buyers (240,083).
- The total value of these equity
loans was £17.4 billion.
- The value of the properties sold
under the scheme totals £79.2 billion.
Between 1 July and 30 September 2020,
13,211 properties were bought with an
equity loan.
For the statistics, click
here.
Help to Buy: ISA Scheme –
England
On 18 February 2021 HM Treasury
published official statistics on the
Government’s Help to Buy: ISA Scheme.
Between the launch of the Help to Buy:
ISA Scheme on 1 December 2015 and 30
September 2020:
- 359,250 property completions have
been supported by the scheme.
- 472,702 bonuses have been paid
through the scheme with an average
bonus value of £1,028.
- The highest number of property
completions with the support of the
scheme is in the North West, 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
£174,281 compared to an average
first-time buyer house price of
£204,964 and a national average house
price of £244,513.
- 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.
Stamp duty land tax
On 18 February 2021 the Law Society
urged people to write to their MP
calling for swift action to protect
consumers ahead of the budget on 3 March
and the stamp duty land tax (SDLT)
holiday deadline on 31 March 2021. Law
Society president David Greene said:
“[I]t has become increasingly clear that
the abrupt end of the holiday on 31
March combined with a bottleneck in the
market could cause significant
disruption. Thousands of transactions
and chains could collapse at the last
minute.”
The Law Society has identified three
different options for addressing this
problem:
- extending the SDLT holiday
- implementing a tapered transition
from the full SDLT holiday to the end
of the scheme
- introducing a grandfathering scheme
for transactions which have not
completed by the cut-off date, so that
buyers in transactions that have
already progressed significantly by 31
March but which have not yet completed
can continue to benefit from the SDLT
holiday.
For the Law Society’s press release on
the issue, click
here.
Legal literacy: safeguarding
people experiencing homelessness
On 15 February 2021 the Local
Government Association posted a webinar,
lasting 1 hour 48 minutes, on
safeguarding people experiencing
homelessness, together with supporting
presentations. To access the webinar, click
here.
Fire Safety Bill
On 19 February 2021 the House
of Commons Library published a briefing
on the Fire Safety Bill. The Bill amends
the Regulatory Reform (Fire Safety)
Order 2005 and is expected to result in
greater clarity over responsibility for
fire safety in buildings containing more
than one home. The Commons will consider
Lords amendments on 24 February 2021.
For the briefing, click
here. For more details
of the Bill, see Housing Laws in
the Pipeline (below).
Telecommunications
Infrastructure (Leasehold Property)
Bill
On 19 February 2021 the House of Commons
Library published a briefing paper on
the Telecommunications Infrastructure
(Leasehold Property) Bill. The paper
includes background information,
stakeholder comment and a summary of
Parliamentary stages. The Bill was
introduced to the House of Commons and
given its first reading on 8 January
2020. For the briefing, click
here. For more details
of the Bill, see Housing Laws in
the Pipeline (below).
Coronavirus: Support for
landlords and tenants
On 16 February 2021 the House of Commons
Library published an updated briefing
paper explaining measures taken by the
Government during the coronavirus
outbreak to assist households in the
rented sector to retain their homes. The
paper covers the introduction of
extended notice periods and the end of
the ban on evictions in England and
Wales from 20 September 2020. It has
been updated in light of the extended
ban on enforcing eviction orders in
England up to 31 March 2021. For the
briefing paper, click
here.
UK House Price Index summary:
December 2020
On 17 February 2021 HM Land
Registry published its monthly report
for December 2020 showing changes in
average house prices for England,
Scotland, Wales and Northern Ireland.
The average price of a property in the
UK was £251,500. The annual price change
for a property in the UK was 8.5 per
cent. The monthly price change for a
property in the UK was 1.2 per cent. The
monthly index figure (January 2015 =
100) for the UK was 131.9. Estimates for
the most recent months are provisional
and are likely to be updated as more
data is incorporated into the index.
For the full statistics, click
here.
Rogue landlord ordered to pay
back nearly three quarters of a
million pounds – Brent
On 19 February 2021 Brent
Council reported that a landlord has
been ordered to pay back £739,263.58 in
illicit earnings made from overcrowded
properties in Willesden. It is believed
to be the largest such order for a
planning breach made anywhere in the
country so far this year. The order was
made against Mohammed Mehdi Ali of High
Road Willesden, following a prosecution
brought by Brent Council’s legal team.
Mr Ali was told by the court that he
would face a prison term of five years
and nine months if he did not pay the
order in full within three months. Mr
Ali was found guilty of failing to
comply with planning enforcement notices
in April 2018 at Willesden Magistrates’
Court, after investigations by Brent’s
planning enforcement team. For the
report, click
here.
Landlord forfeits £109,000 rent
– Slough
On 17 February 2021 Slough Borough
Council reported that a landlord who
built unlawful extensions to a family
home and squeezed up to 14 people into
the rooms has forfeited the rent he was
paid in a planning enforcement
prosecution. Jagtar Phagura created five
bedrooms in extensions built without
planning permission and filled them with
renters as part of a house in multiple
occupation. A judge has ordered Mr
Phagura to forfeit the rents he earned,
more than £109,000, within three months
or spend 18 months in jail. He was also
ordered to pay a £18,000 fine. For the
report, click
here.
Preventing homelessness –
Oxfordshire
On 19 February 2021
homelessness charity Crisis announced
that Oxfordshire County Council and the
county’s five district councils (Oxford
City Council, Cherwell District Council,
West Oxfordshire District Council, South
Oxfordshire District Council and Vale of
White Horse District Council) have
agreed to work with Crisis in
transforming their approach to
preventing and ending homelessness with
the development of a housing-led
response to the issue. ‘Housing-led’
means getting people who are homeless
into their own homes as quickly as
possible and giving them the support
they need to make maintaining a tenancy
work. It aims to minimise both the time
people spend in temporary accommodation
and the number of moves they have to
make before getting their permanent
home. For more details, click
here.
Registered social landlords
business continuity survey: December
2020 – Wales
On 15 February 2021 the Welsh
Government published the results of its
survey as to how housing associations
have been affected by the coronavirus
pandemic. RSLs are continuing to report
that pressures are being managed. Income
continues to hold up reasonably well,
although the expectation is that arrears
may increase significantly as financial
support mechanisms change and more
tenants move to Universal Credit. Rent
loss from void properties has remained
stable and RSLs are actively stressing
their business plans and monitoring
financial performance very closely. All
five of the tenant health and safety
indicators have improved since the last
return, although the difference between
those with the lowest and highest levels
of compliance has become more marked.
For the survey return, click
here.
Heating and hot water
complaints: Housing Ombudsman
On 16 February 2021 the Housing
Ombudsman published a report focused on
complaints about heating and hot water.
The report – Spotlight on
complaints about heating, hot water
and energy in social housing – is
based on more than 200 cases
investigated over an 18-month period
from April 2019. The review shows:
- maladministration in 31 per cent of
cases, increasing to 38 per cent for
complaints about gas safety
investigations, 60 per cent for
complaints about heat networks and 60
per cent for those involving complaint
handling; and
- the Housing Ombudsman made 158
orders to put things rights, including
108 orders to pay compensation
totalling £58,486
The report makes several
recommendations for improved practice
including:
- putting things ‘right first time’,
particularly where contractors are
involved through effective management
of contracts;
- providing clear information for
residents at the start of the tenancy
or lease on properties with heat
networks, and again if the
arrangements change; and
- planning gas safety inspections well
ahead of the due date to allow for
appointments to be made at a
convenient time for residents and
avoid missing renewal dates.
For the report, click
here.
Housing Ombudsman’s Insight
report
On 22 February 2021 the Housing
Ombudsman published the latest quarterly
Insight report on data and learning from
casework, together with a new regional
focus that starts with the north of
England. The data from the three regions
of North West, North East and Yorkshire
and Humber show the most frequent topics
of complaints as repairs, complaint
handling and tenant behaviour. The case
studies provide examples of these topics
from the three regions. To read the
report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 impact assessments, click
here. 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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Raza v Bradford MDC; Ahmed
& Ahmed v Ryan; Rendall v Vela
[2021] UKUT 39 (LC)
This was a case concerning three
appeals brought from decisions of the
First Tier Tribunal. Judge Elizabeth
Cooke gave the decision based on written
representations.
Each of the three appeals to the UT was
brought by a landlord following a
determination by the FTT of his appeal
on the papers, without a hearing. The
issue was whether the FTT procedure was
unfair because findings of fact which
determined that the landlord had
committed an offence (to the criminal
standard of proof) had been made on the
papers. The reason for determining these
appeals on the papers was not
pandemic-related.
Facts of each appeal
Raza
In the first appeal of Raza,
Bradford MDC alleged against the
landlord (Mr Raza) that he had not
complied with the Licensing and
Management of Houses in Multiple
Occupation (Additional Provisions)
(England) Regulations 2007 and had
therefore committed a criminal offence
under section 234 of Housing Act 2004 in
respect of one of his properties.
Following investigations, Bradford MDC
decided a breach of the Regulations had
been committed and a civil penalty was
imposed in the sum of £25,000 pursuant
to section 249A of the Housing Act 2004.
Mr Raza appealed this decision to the
FTT on the basis that no offence had
been committed under section 234 of the
2004 Act; and he also appealed the
amount of the civil penalty imposed. He
indicated that he was content for the
hearing to be determined without a
hearing. In fact, a hearing had been
listed but at the insistence of Bradford
MDC (due to witness protection issues)
the hearing was adjourned and the matter
proceeded to a paper determination.
Based on written evidence alone, the FTT
decided that it was satisfied beyond
reasonable doubt that a criminal offence
had been committed and affirmed the
penalty of £25,000.
Mr Raza appealed this decision of the
FTT on a number of grounds but was given
permission only on the basis that there
should have been an oral hearing.
Ahmed
The landlords in this case were owners
of a property which was rented out and
should have been licensed as a house in
multiple occupation but it was not. The
tenant of that house, Mr Ryan, applied
to the FTT for a rent repayment order
(RRO) pursuant to section 40 of the
Housing and Planning Act 2016. The FTT
directed witness statements from all
parties and that the matter be heard on
the papers, unless either party
objected, and neither did. The
statements from the landlords sought to
argue the reasonable excuse defence as
to the lack of knowledge of the need to
have the property licensed. After a
consideration on the papers, the FTT
made a RRO in the tenant’s favour.
The landlords appealed the findings of
fact made by the FTT and the conclusion
that an offence was committed. However,
permission to appeal was given solely on
the basis that the decision was made on
the papers without a hearing.
Rendell
This also relates to a RRO. Mr Rendell
was the owner of a property which was
let out to Ms Vela and during most of
her occupation of the property as a
tenant it was not licensed as a HMO when
it should have been. She applied for a
RRO. The FTT gave directions that the
hearing would be heard on the papers
unless any of parties requested a
hearing and none did.
There was a second respondent in this
case, Newman Property Services Ltd, who
were the managing agents for the
property. They submitted a bundle of
documents for consideration by the FTT.
Mr Rendell did not put in a statement.
There was some consideration of the
defence of reasonable excuse by the FTT,
but it was found beyond reasonable doubt
that an offence had been committed and a
RRO was made.
Mr Rendell appealed the decision of the
FTT on numerous grounds including
financial hardship, but permission was
given solely on the basis that there was
no oral hearing.
Decision of the Upper Tribunal
In each of the three appeals, the
parties had initially consented to the
matter being considered on the papers.
Even where that is the case, it is
nevertheless for the FTT to consider
whether it is appropriate to do so.
Judge Cooke identified three
difficulties with proceeding on the
papers alone in cases of these types:
(1) the landlords were at risk of being
found to have committed a criminal
offence, (2) there were factual issues
in dispute and (3) findings of fact were
made based on evidence which had not
been tested in cross-examination.
Judge Cooke further said as follows in
respect of those three difficulties:
“That made the procedure unreliable.
It was also unfair because it resulted
in a finding that a criminal offence
had been committed without giving the
landlord the opportunity to
cross-examine the witnesses who gave
evidence against him or to respond,
under cross-examination, to the case
against him.
“There might perhaps be cases where
written evidence about disputed facts
was sufficiently clear and consistent
for a tribunal to make findings of
fact on the balance of probabilities.
But it is difficult to imagine cases
where the FTT could be so sure of
contested facts, on the basis of
written evidence only, that it could
find them proved to the criminal
standard, beyond reasonable doubt. And
even if the FTT could be sure, it
would nevertheless be unfair, for the
reasons explained, in a case where the
party concerned was at risk of being
found to have committed a criminal
offence.”
Reference was made to the reasoning set
out in the decision of the Upper
Tribunal in Enterprise Home
Developments LLP v Adam [2020]
UKUT 151 (LC).
In respect of the individual facts of
each case, Judge Cooke made the
following points:
Raza – Bradford MDC’s
explanation as to why it wanted a paper
determination did not negate the
necessity for Mr Raza to have a fair
hearing; appropriate measures could have
been taken for the protection of
Bradford MDC’s witnesses.
Ahmed – even if the same
outcome would have been reached after an
oral hearing (as contended for by the
Respondent), it was still the case that
without an oral hearing a reliable and
fair process had not been followed.
Rendell – the judge had some
hesitation here because Mr Rendell did
not put a statement in; but if there had
been an oral hearing, the FTT would have
been able to ask questions and might
well have realised that the defence of
reasonable excuse might be available,
and might have given directions for
further evidence; so, overall, the
procedure was unreliable.
All three appeals were successful and
were remitted to the FTT re-hearings.
Summary by Vilma
Vodanovic, barrister, Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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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.
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NEW
HOUSING LAW ARTICLES & PUBLICATIONS
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How enforced sales can help
the empty homes crisis Lyndon
Campbell Local Government Lawyer
17 February 2021 – to read the article,
click
here
Coming out stories from
Anchor Hanover – celebrating LGBTQ+
history month CIH
Blog 18 February 2021 – to read
the article, click
here
#KeeptheLifeLine: “The
uplift means I can breathe out” Georgette
Thomas Joseph Rowntree Foundation
18 February 2021 – to read the article,
click
here
Extended halt on evictions
(again, again): exemption
applications; warrants and
extensions Amy Kelly
Local Government Lawyer 19
February 2021 – to read the article, click
here
What the Social Housing
White Paper says about: home
ownership CIH Blog
22 February 2021 – to read the article,
click
here
Coming Home - tackling the
housing crisis together David
Orr CBE CIH Blog 23 February
2021 – to read the article, click
here
Anti-Social Behaviour
Injunctions (ASBIs): A New
Practitioner’s Perspective Shada
Mellor The Barrister (pp 27
& 28) Hilary term 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
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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
13 March 2021
Closing date for submissions to
the consultation on Right to Regenerate:
reform of the Right to Contest (see Housing
Law Consultations)
15 March 2021
Loans for Mortgage Interest
(Amendment) Regulations 2021 come into
force (see Housing Law News and
Policy Issues)
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