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HOUSING
LAW NEWS & POLICY ISSUES
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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.
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HOUSING
LAWS IN THE PIPELINE
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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.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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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
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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)
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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
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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)
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Lime Legal
Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
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