HOUSING LAW NEWS & POLICY ISSUES

Housing benefits: joint statement by charities
On 17 August 2021 housing charities and organisations issued a joint statement calling on the government to complete and publish a full assessment of the impact on renters of their decisions to freeze Local Housing Allowance and cut Universal Credit, which “risk pushing many households into poverty, problem debt, and homelessness”. The charities and organisations believe that the government should reverse its decisions to cut Universal Credit and to freeze Local Housing Allowance. The statement says that to apply such policies without carrying out any meaningful impact assessment is lacking the necessary foresight and consideration of the impact they will have on people’s security of tenure and well-being and for many will threaten their chance of recovery. For the full statement, click here.

Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021
These regulations, which came into force on 24 August 2021, suspend paragraph 10(2) of Schedule 29 to the Coronavirus Act 2020. That provision modifies the notice of seeking termination of tenancy and recovery of possession under section 83 during the relevant period which began on 26 March 2020 and ends on 30 September 2021. The regulations also prescribe a new form of notice of seeking termination of tenancy and recovery of possession by amending the Schedule to the Secure Tenancies (Notices) Regulations 1987. They are made to reflect the modifications of the required period of notice for secure tenancies made by paragraph 3 of Schedule 29 to the Coronavirus Act 2020 (as amended). For the regulations, click here. For an article by Giles Peaker, click here.

Affordable housing
On 23 August 2021 the MHCLG launched a £4 million fund to increase community-led affordable housing. The Ministry says that the fund will give community-led housing groups better access to high quality, affordable housing that meets the needs of local communities. The money will help community groups meet a range of costs incurred in trying to develop housing. This could include paying for searches, administration costs or legal advice, design work and planning applications. For more details, click here.

Home repairs and improvements
On 19 August 2021 the Centre for Ageing Better published the results of its Good Home Inquiry which found that that there was backing amongst the public for ‘one stop shop’ local housing hubs that would provide people with information and advice on how to make home repairs and improvements. Many participants in workshops carried out for the inquiry said that organising repairs or improvements and finding trustworthy tradespeople to carry out the works felt overwhelming. Participants also called for greater regulation of rental properties in poor condition, and targeted investment from government in parts of the country with large numbers of poor-quality homes to help residents finance improvements. For more details, click here. For the results of the inquiry, click here.

Index of Private Housing Rental Prices, UK: July 2021
On 18 August 2021 the Office for National Statistics published an index tracking the prices paid for renting property from private landlords in the UK for July 2021. The index shows:

• Private rental prices paid by tenants in the UK rose by 1.2 per cent in the 12 months to July 2021, unchanged since April 2021.
• Private rental prices grew by 1.2 per cent in England, 1.1 per cent in Wales and 1.3 per cent in Scotland in the 12 months to July 2021.
• The East Midlands and South West saw the highest annual growth in private rental prices (both 2.5 per cent), while London saw the lowest (negative 0.1 per cent).

For the full index, click here.

Private rented housing demand
On 20 August 2021 the National Residential Landlords Association published the results of research showing that demand for private rented housing has reached a five year high. The survey of private landlords across England and Wales, conducted in partnership with research consultancy BVA/BDRC, found that 39 per cent confirmed that demand for homes to rent had increased in the second quarter of 2021 – an eight per cent increase on the first quarter of the year. The NRLA says that the figures mask a two-tier rental market developing across particular regions in England and Wales. In Yorkshire and the Humber, Wales, the South West and the South East over 60 per cent of landlords said that demand for homes to rent had increased. In stark contrast, just 15 per cent of landlords in Central London said demand had increased in the second quarter of the year, compared with 53 per cent who said it had fallen. For more details, click here.

House Price Index for England: June 2021
On 18 August 2021 HM Land Registry published data for average house prices for England. The data show:

• The average price of a property in England was £284,029.
• The annual price change of a property in England was 13.3 per cent.
• The monthly price change of a property in England was 4.9 per cent.
• The index figure for England (January 2015 = 100) was 140.0

For the full statistics, click here.

Housing costs in Universal Credit
On 18 August 2021 the House of Commons Library published a briefing paper explaining the key differences between assistance with housing costs under the Housing Benefit regime and under Universal Credit. For the paper, click here.

Judicial review of eviction from ‘Everyone In’ accommodation
On 11 August 2021 Monckton Chambers reported that Imogen Proud and Camden Community Law Centre were representing Mohammed Bhuiyan, a Bangladeshi national with leave to remain in the UK but with no recourse to public funds, in judicial review proceeding against Tower Hamlets Council. Mr Bhuiyan was housed by Tower Hamlets last March as part of the ‘Everyone In’ Scheme which required all councils to find emergency housing for rough sleepers in response to the pandemic. On 22 June 2021 Mr Bhuiyan received a letter from the council saying that he must leave his hotel accommodation by 2 August. His legal team secured an interim relief order requiring Tower Hamlets to accommodate Mr Bhuiyan pending a decision on permission to proceed with his claim. For more details, click here. For an article about the case in The Independent (subscription required), 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

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

Respite Rooms: Creating a safe space for women sleeping rough, survivors of domestic abuse Michaela Campbell Homeless Link 17 August 2021 – to read the article, click here

Homelessness and Covid: What does the future hold? Natalie Allen Homeless Link 17 August 2021 – to read the article, click here

Defending nuisance claims Stuart Whitehead Local Government Lawyer 20 August 2021 – to read the article, click here

Disclosure in without-notice injunctions John Murray Local Government Lawyer 20 August 2021 – to read the article, click here

Too long or too wrong. MHCLG bodge up section 83 Housing Act 1985 notices Giles Peaker Nearly Legal 23 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 September 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

Milton Keynes Council
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Brighton and Hove City Council
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Great Yarmouth Borough Council
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Hillingdon Council
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Mid Sussex District Council
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Mid Sussex District Council
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Oxford City Council
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Oxford City Council
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Crawley Borough Council
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Spelthorne Borough Council
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