24th November 2021
Quick Links







HOUSING LAW NEWS & POLICY ISSUES
 

Levelling up and social housing
On 18 November 2021 Shelter published a report – Levelling Up with Social Housing – which found that failure to include social housing in the government’s upcoming ‘levelling up’ plan might escalate the housing emergency in three key locations, subjects of the report: Burnley, Plymouth and Sheffield. Shelter is warning that as the government pours “billions into new projects such as roads, train stations and new town centres through its levelling up agenda, there is a risk that housing costs in these areas will increase. With this, people who are already struggling to cover their living costs, will be priced out of their areas, ultimately leading to a rise in homelessness”. For the report, click here. For the associated press release, click here.

Inquiry into regulation of social housing in England
On 16 November 2021 the Commons Housing, Communities and Local Government Committee launched an inquiry examining the quality and regulation of social housing in England. The inquiry will focus on the ability of the Regulator of Social Housing and the Housing Ombudsman to identify and address problems, and the proposals in the government’s social housing White Paper aimed at improving the regulatory regime. The Committee welcomes evidence submissions on the terms of reference. The closing date for submissions is 21 December 2021. For details of the inquiry and its terms of reference, click here.

‘Sex for rent’
On 18 November 2021 Lord Ponsonby of Shulbrede tabled amendments to the Policing, Crime Sentencing and Courts Bill which is at the Committee stage in the House of Lords. New clauses 229A and 229B would specifically criminalise landlords seeking ‘sex for rent’ and introduce financial penalties on websites and other platforms hosting such advertisements. For the marshalled list of amendments to the Bill, click here. For an article on the Centrepoint website focusing on the issue, click here.

Building safety: HCLG Committee
On 22 November 2021 the Commons HCLG Committee held a session examining the progress made in implementing the recommendations of the 2018 Review of Building Regulations and Fire Safety, commissioned following the Grenfell disaster. The cross-party group of MPs questioned the Review’s author, Dame Judith Hackitt, and Sir Ken Knight, Chair of the Independent Expert Advisory Panel on building safety, on the implementation of the new building safety regime being created by the Building Safety Bill, and the remediation of historical building safety defects. To view the session, click here.

Housing litigation pre-action protocols
On 15 November 2021 the Civil Justice Council published an Interim Report for consultation on the subject of pre-action protocols (PAPs). The consultation will close on Friday, 24 December 2021. Those PAPs relating to Housing comprise the Disrepair/Housing Conditions PAP (with one version applying in England and another in Wales), the Possession Claims by Social Landlords PAP and the Possession Claims for Mortgage Arrears PAP. Key reform options canvassed in the report include:

  • Making all PAPs available online via portals;
  • Formally recognising that compliance with PAPs would be mandatory, except in urgent cases where immediate court intervention is necessary;
  • Introducing a good faith obligation to try to resolve or narrow the dispute at the pre-action stage.


For a more detailed summary of the report’s contents, click here. For the report itself, click here. To respond to the proposals, click here.

Mortgage arrears and repossessions – England
On 18 November 2021 the House of Commons Library published a briefing paper outlining current and historic policies to assist homeowners who are struggling with their mortgage payments, and examining trends in mortgage arrears and repossessions. For the paper, click here.

Affordable housing supply 2020 to 2021 – England
On 18 November 2021 the DLUHC published statistics on gross additional affordable housing supply in England. They show that:

  • There were 52,100 affordable homes delivered (completions) and 57,417 starts on site in England in 2020-21, decreases of 12 per cent and 16 per cent respectively when compared to the previous year.
  • In 2020-21, affordable housing for rent (including social, affordable and intermediate rent) represented around two-thirds of completions (65 per cent) and three out of five starts (59 per cent), similar to the previous year. These proportions compare to around three-quarters of both completions and starts in 2015-16 (77 per cent and 75 per cent, respectively).
  • Just under half (47 per cent) of all affordable homes delivered in 2020-21 were funded through section 106 (nil grant) agreements, compared to 51 per cent in the previous year.
  • 89 per cent of affordable homes delivered in England were new build and 11 per cent acquisitions. The proportion and number of acquisitions is the highest since 2014-15.

In its response to the figures, Shelter noted that between March 2020 and April 2021 “just one social home was built for every 195 households stuck on housing waiting lists.”

For the full statistics, click here. For tables showing the data organised according to various criteria, for example by local authority, click here. For Shelter’s response, click here.

Index of private housing rental prices: October 2021
On 17  November 2021 the Office for National Statistics published an Index of Private Housing Rental Prices (IPHRP) for October 2021. It tracks the prices paid for renting property from private landlords in the UK in that month and shows:

  • Private rental prices paid by tenants in the UK rose by 1.5 per cent in the 12 months to October 2021, up from 1.3 per cent in the 12 months to September 2021.
  • Private rental prices grew by 1.5 per cent in England, 1.2 per cent in Wales and 1.6 per cent in Scotland in the 12 months to October 2021.
  • The South West saw the highest annual growth in private rental prices (3.0 per cent), while London saw the lowest (0.1 per cent).

For the full statistics, please click here.

Social Housing Grant: guidance for registered social landlords and local authorities – Wales
On 16 November 2021 the Welsh Government published guidance explaining how to submit a scheme for a Social Housing Grant and fill out the forms needed at each stage. For the guidance, click here.

Housing Ombudsman’s annual report
On 16 November 2021 the Housing Ombudsman published its annual report for 2020-21 showing that it maintained strong performance against all targets in 2020-21 despite the unprecedented year. Complaint volumes initially reduced and then far exceeded previous levels by the end of the year. The number of cases upheld increased to 49 per cent from 41 per cent in the year before, and 3,455 orders and recommendations to put things right for residents were made, more than any recent year. For the report, click here. For a summary, highlighting the key points, click here.

‘Trivial’ data breach claim against housing association transferred from High Court to county court
On 16 November 2021 Master Thornett held in Johnson v Eastlight Community Homes Ltd [2021] EWHC 3069 (QB) that the case, which involved the inadvertent disclosure by the defendant housing association of a compilation of rent statements of the defendant’s customers, including the claimant, should be transferred from the High Court to the county court. The judge said that the case, which he described as trivial, had “all of the hallmarks of a Small Claim Track claim that should have been issued in the county court and so allocated.” For the judgment, click here.

Housing Ombudsman: severe maladministration finding in case of significant detriment to vulnerable resident
On 18 November 2021 the Housing Ombudsman reported a finding of severe maladministration about Abri Homes’ complaint handling on a case that resulted in significant detriment to a vulnerable resident. The landlord failed to resolve issues with the resident’s leaking shower in a timely and efficient manner, leaving the resident, who has significant health and mobility issues, without adequate washing facilities at his home a number of times and having to leave his home for temporary accommodation, which was not always suitable for his needs. For the report, click here.

Section 21 repossessions
On 22 November 2021 the National Residential Landlords Association reported that its analysis of government data showed that in the third quarter of this year, the number of cases brought to county courts in England and Wales following service of a Section 21 notice fell by 55 per cent compared to the same quarter in 2019. For the report, click here.

First-time homes and affordability
On 22 November 2021 the Guardian reported its analysis of prices paid by first-time buyers which shows that the affordability gap (ie between wages and house prices) has grown in 98 per cent of England’s local authorities since 2015, and in every part of Wales. The report adds that the ‘traditional benchmark for mortgage affordability’ – the property price minus a 10 per cent deposit should not exceed 4.5 times the buyer’s wage or the combined wage of a couple –.is unachievable for single first-time buyers in 95 per cent of local authorities in England (and 86 per cent of those in Wales), based on the median earnings for people in their 30s. For the report, click here.

HOUSING LAWS IN THE PIPELINE
 

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 was scheduled to take place on 19 November 2021 but the Bill has been withdrawn and will not progress any further. For the Bill as introduced, click here.

Leasehold Reform (Ground Rent) Bill
This Government Bill would make provision about the rent payable under long leases of dwellings. 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 29 November 2021. 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 further postponed to 26 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 26 November 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.

Make Sure you Keep Up to Date with Housing Law Week

Don’t miss out on your weekly updates!
Sign up here now to ensure you receive your own free copy of Housing Law Week straight to your desktop each week.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Big banks resume push for repossessions in wake of pandemic Maeve McClenaghan and Charles BoutaudBureau of Investigative Journalism 3 November 2021 – to read the article, click here

Reasonable evidence of in reasonable condition – private sector discharge Giles Peaker Nearly Legal 16 November 2021 – to read the article, click here

Safeguarding people sleeping rough: developing practice from lessons learned Jo Prestidge Homeless Link 16 November 2021 – to read the article, click here

Levelling up starts with home Alastair Harper Shelter Blog 18 November 2021 – to read the article, click here

Sex for Rent ads Tilly Smith Centrepoint 18 November 2021 – to read the article, click here

Land led deals – what you need to consider Katie Fung Local Government Lawyer 19 November 2021 – to read the article, click here

Shane's Story – My unsafe home caught fire on New Year’s Eve Tilly Smith Centrepoint 19 November 2021 – to read the article, click here

COVID or cold? Street homeless people must be guaranteed safe accommodation this winter Deborah Garvie Shelter Blog 19 November 2021 – to read the article, click here

Original and successive homelessness applications Amy Stroud Local Government Lawyer 19 November 2021 – to read the article, click here

Davidoffed Giles Peaker Nearly Legal 21 November 2021 – to read the article, click here

Recitation is not application Giles Peaker Nearly Legal 21 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

HOUSING LAW DIARY
 

26 November 2021                               
Postponed second reading of the Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

26 November 2021                               
Postponed second reading of the Caravan Sites Bill (see Housing Laws in the Pipeline)

26 November 2021                               
Postponed second reading of the Caravan Site Licensing (Exemptions of Motor Homes) 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

29 November 2021                               
Second reading in the House of Commons of the Leasehold Reform (Ground Rent) Bill (see Housing Laws in the Pipeline)

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 Job of the Week



Housing Choices Case Officer


Job description


Housing Choices Case Officer (temporary contract; 6-month fixed term) - Hybrid Working

Band E, £25,991 - £29,577 per annum pro rata to length of contract

We are looking for a dedicated and enthusiastic team player to join our Housing Choices Team on a 6-month fixed term contract. You will be helping to prevent homelessness by giving comprehensive advice and assistance, covering the full range of housing options offered by the Council and other agencies to enable customers to find solutions to their housing issues. Where necessary you will also undertake homelessness investigations, issue decisions and discharge the Council’s homelessness duty in accordance with relevant legislation.

You will become an expert around the range of housing options that are available, the operation of the Choice Based Lettings scheme and advise customers on how to access the Housing Register.  You will also liaise and negotiate with private landlords on the customer’s behalf to encourage access to private rented accommodation. You will be working both from home and the offices as well as carrying out home visits to aid investigation of homeless cases and undertaking settling in visits to those placed in the private rented sector.

You need to demonstrate that you have knowledge of relevant housing and homelessness legislation and equally important is your ability to listen carefully and treat customers fairly and with empathy. We pride ourselves on providing a quality and customer sensitive service and it is essential that you can demonstrate impartiality and consistency in dealing with customers.

If you would like to download the full job pack, please click on the link under attachments on the left hand side.

If you would like more information about this opportunity please contact Cath Burton, Housing Choices Team leader on (01530) 454813 or by email to cath.burton@nwleicestershire.gov.uk

Applications must be made using the on-line application process.
Disabled applications who meet the essential criteria for the job will be guaranteed an interview.

We welcome applications from all sections of the community.
Closing Date: Monday 29 November 2021

Working for us - North West Leicestershire District Council (nwleics.gov.uk)
 

Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B