|
HOUSING
LAW NEWS & POLICY ISSUES
|
|
|
Unauthorised encampments
On 19 May 2021 the Parliamentary Joint
Committee on Human Rights examined
proposals to criminalise unauthorised
encampments and strengthen police powers
in the Government’s Police, Crime,
Sentencing and Courts Bill. The
Committee considered whether the
proposals undermine the human rights of
the Gypsy, Roma and Traveller community.
To view the session, click
here. For more details
of the Committee’s scrutiny of the Bill,
click
here. To follow
progress of the Bill, click
here.
Buildings with defective
cladding
On 21 May 2021 the Chair of the Commons
Housing, Communities and Local
Government Committee, Clive Betts, wrote
to the Government about continuing
issues with the EWS1 process. The
External Wall Fire Review (EWS1) form
was introduced to support valuation
advice and lending decisions in respect
of buildings with cladding. Following
consultation with fire safety experts,
lenders and others, the Royal
Institution of Chartered Surveyors
issued new guidance in March about which
buildings require the form, as it was
being requested for many more buildings
than had been originally envisaged. A
recent investigation by Radio 4’s Money
Box has however indicated that
lenders are continuing to ask for an
EWS1 form for buildings that do not meet
the new guidance. The situation is
leaving homeowners in limbo, unable to
sell or mortgage their flats. For the
letter, click
here. For the Money
Box episode dealing with this
issue, click
here.
Cladding complaints: Housing
Ombudsman
On 18 May 2021 the Housing Ombudsman
published a report identifying three key
lessons for social landlords in dealing
with complaints about cladding to ensure
that the impact on all residents is
recognised. The three key actions in the
report are for landlords to:
- provide a clear road map on
inspections, with timescales, that
adequately considers the broader
implications for all residents,
especially those living in buildings
below 18 metres;
- communicate effectively with
residents, ensuring the strategy is
robust, well-resourced and proactive;
and
- address residents’ individual
circumstances, exercising discretion
where appropriate as with other
complaints.
For the report, click
here.
Fire-risk flats and residents’
escape methods
On 18 May 2021 the Guardian
reported that in the wake of the fire at
the New Providence Wharf block of flats,
residents in apartment blocks with fire
safety issues were “exploring buying
abseiling equipment, rope ladders and
personal smoke hoods to help them
evacuate burning buildings, amid rising
anger that thousands of homes remain
unfixed”. For the article, click
here.
Housing quality – England
On 20 May 2021 the UK
Collaborative Centre for Housing
Evidence published a report – Housing
policy and poor-quality homes –
which finds that England has a major
problem with housing quality. More than
4.3 million homes do not meet basic
standards of decency. The vast majority
of these homes are in the private
sector. Older people are more likely to
be living in poor quality housing. The
project underlying the report –
commissioned by Ageing Better – is
framed by three ‘key’ questions. First,
what national, regional and local
housing policies and programmes have
been implemented in the past to address
poor-quality housing, and which were
successful and why? Second, what
policies would be most effective in
addressing the poor-quality of our
current housing stock, given political,
economic and social considerations?
Third, how much would it cost to
implement a series of key interventions,
who would have to pay, what would the
impact be? For the report, click
here. For the executive
summary, click
here.
Domestic Abuse Act 2021:
factsheets
On 18 May 2021 the Home Office updated
factsheets relating to the Domestic
Abuse Act 2021 to reflect that the
statute has been enacted. For the
factsheets, click
here. For a House of
Commons Library briefing about the role
of healthcare services in addressing
domestic abuse, click
here.
Fees in the Civil Courts: main
fees
On 18 May 2021 HM Courts and Tribunals
Service published a list of revised fees
for the Civil and Family Courts which
came into force on that day. For the
list, click
here. For the Civil
Proceedings Fees (Amendment) Order 2021,
which amended the Civil Proceedings Fees
Order 2008, click
here.
Dwelling stock estimates in 2020
– England
On 20 May 2021 the MHCLG published
estimates of the number of dwellings in
England. According to the estimates:
- There were 24.7 million dwellings in
England at 31 March 2020, an increase
of 243,770 dwellings (1.00 per cent)
on the same point the previous year.
- 15.7 million dwellings were
owner-occupied dwellings, 4.8 million
private rented dwellings and 4.1
million social and affordable rented
dwellings (private registered
providers and local authority).
- Between March 2019 and March 2020,
the owner-occupied dwelling stock
increased by 195,000 and the private
rented stock increased by 36,000. The
social and affordable rented stock
increased by 22,000 dwellings and the
other public sector stock decreased by
9,000 dwellings.
- There were 665,600 vacant dwellings
in England on 5 October 2020, an
increase of 17,500 (2.7 per cent) from
648,100 on 7 October 2019. Vacant
dwellings are 2.7 per cent of the
dwelling stock. There were 268,400
long-term vacant dwellings in England
on 5 October 2020, an increase of
42,500 (18.8 per cent) from 225,900 on
7 October 2020. Long-term vacant
dwellings are 1.1 per cent of the
dwelling stock.
For the full estimates, click
here. For the latest
data tables on dwelling stock (including
vacants), organised by various criteria,
click
here.
Homelessness and young people
On 20 May 2021 Homeless Link
published guidance – Supporting
homeless 16- and 17-year-olds –
developed with Just for Kids Law. It is
designed to equip workers with the
information needed to support and
advocate for the rights of the young
people they work with. Alongside a guide
to the legal rights of young people,
this resource provides information so
that workers and young people can plan
and prepare to present their case at
local authorities. Research has shown
that young people are not always housed
under the right legislation. This
impacts the support they are entitled to
in the short and long term and affects
both their experiences of homelessness
and risk of future homelessness. For the
guidance, click
here. For the press
announcement of its publication, click
here.
Social housing reform in
England: What next?
On 19 May 2021 the House of
Commons Library published a briefing
outlining the measures set out in the
Social Housing White Paper, stakeholder
reaction and the next steps. For the
briefing, click
here.
Index of private housing rental
prices: April 2021
On 19 May 2021 the Office for
National Statistics published the Index
of Private Housing Rental Prices (IPHRP)
for April 2021. It tracks the prices
paid for renting property from private
landlords in the UK. It shows:
- Private rental prices paid by
tenants rose by 1.2 per cent in the 12
months to April 2021, down from 1.3
per cent in the 12 months to March
2021.
- Private rental prices grew by 1.2
per cent in England, 1.6 per cent in
Wales and 1.1 per cent in Scotland in
the 12 months to April 2021.
- The South West and the East Midlands
saw the highest annual growth in
private rental prices (2.3 per cent),
while London saw the lowest (0.1 per
cent).
For the Index, click
here.
Private renting – Brent
On 19 May 2021 Brent Council launched a
survey of private renters in the
borough. The council says that one in
six households (17 per cent) in Brent
lives below the poverty line, doubling
(to 33 per cent) after considering
housing costs. Such housing costs often
leave people with very little to spend
on other essentials like utilities and
food. The council notes that the links
between stable, affordable housing and
employment and education are also clear.
Therefore, it is keen to learn more
about the issues that people are facing.
The survey closes on 31 May 2021. To
participate, click
here.
Registered social landlords and
Covid-19 – Wales
On 21 May 2021 the Welsh Government
published a business continuity survey
for registered social landlords in
Wales, conducted in March 2021. RSLs are
continuing to report that pressures are
being managed. As the Alert level moved
to level 3, the pandemic had a lesser
impact on the sector’s ability to
deliver services to tenants. Health and
Safety compliance improved again during
the last quarter, losses from empty
properties were reduced and repairs
performance remained steady. Whilst the
capacity remains for arrears levels to
rise significantly, their level fell in
the last quarter despite more than a
quarter of tenants known to be claiming
Universal Credit. For the survey
results, click
here.
Licensing and enforcement –
Wales
On 21 May 2021 the National
Residential Landlords Association
published a Welsh Enforcement Index,
revealing, it says, an enforcement
postcode lottery across Wales. The newly
launched Index is an assessment of Welsh
local authorities’ enforcement capacity,
ranking Welsh local authorities
according to their efficiency in
enforcing housing standards and
administering licensing in the private
rented sector. Denbighshire, Gwynedd and
Flintshire Councils scored highest on
the Index and Monmouthshire and Powys
ranked lowest in the Enforcement Index.
For details of the Index, click
here.
Protecting the homeless and the
private rented sector
On 24 May 2021 the MHCLG published a
policy paper in response to the HCLG
Select Committee’s report on
Government’s actions to support the
homeless and private rented sector
during the Covid-19 pandemic. For the
response, click
here. For the Select
Committee’s report, click
here.
|
|
HOUSING
LAWS IN THE PIPELINE
|
|
|
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 will begin its
committee stage on a date to be fixed.
For the Bill as introduced, click
here. 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.
|
|
|
|
|
Aster Communities v Kerry
Chapman & Ors
[2021] EWCA Civ 660
The Court of Appeal heard this appeal by
Aster Communities (“Aster”) from the
dismissal by the Upper Tribunal (Lands
Chamber) of an appeal from the
First-tier Tribunal (“the FTT”). It
involved a challenge to conditions which
the FTT attached when acceding to an
application by Aster under section 20ZA
of the Landlord and Tenant Act 1985
(“the 1985 Act”) for dispensation from
consultation requirements.
Legal framework
Sections 18 to 30 of the Landlord and
Tenant Act 1985 deal with service
charges. Sections 20 and 20ZA are
concerned with consultation requirements
regarding any proposed works.
Under section 20(7) and regulation 6 of
the Service Charges (Consultation
Requirements) (England) Regulations 2003
(“the 2003 Regulations”), a tenant’s
“relevant contribution” to any works is
limited to £250. A landlord who has not
complied with the “consultation
requirements” can thus recover no more
than £250 from a tenant unless the
requirements in question have been
dispensed with. By section 20ZA(1),
however, a tribunal may dispense with
“all or any of the consultation
requirements … if satisfied that it is
reasonable to dispense with the
requirements”.
Case Law
In Daejan Investments Ltd v Benson
[2013] UKSC 14, [2013] 1 WLR 854 (“Daejan”),
Lord Neuberger summarised that the
“main, indeed normally, the sole
question” when considering whether to
dispense with consultation requirements
was whether there was “real prejudice to
the tenants flowing from the landlord’s
breach of the requirements” [50]. It was
noted that any doubt in terms of those
factors should be resolved in favour of
the tenants, given that it would be
because of the landlord’s failure to
comply with its statutory duty that
causes the issue to arise [67-68].
In that case because the extent, quality
and cost of the works was unaffected by
the landlord’s breach, the Supreme Court
held by a majority that dispensation
should be granted. Lord Neuberger in his
lead judgment found that a dispensation
from consultation requirements can be
granted on terms: for example, where
works cost slightly more due to the
landlord’s oversight, a dispensation may
be granted provided he agrees to reduce
the recoverable costs by the amount of
the additional cost. Lord Neuberger
further considered there to be “power to
impose a condition as to costs—eg that
the landlord pays the tenants’
reasonable costs incurred in connection
with the landlord’s application under
section 20ZA(1)” [59].
Facts
Aster was a large social landlord, and
freeholder of a developments comprising
of 160 flats, 114 on long leases
providing for the tenant to pay by
service charge a proportion of the costs
incurred in respect of their block.
On 31 March 2016, Aster sent each tenant
notice of its intention to carry out
works at Kingsway Gardens. The notice of
intention elicited observations from
four tenants.
On 16 December 2016, Aster supplied each
tenant with a paragraph (b) statement
explaining that it had obtained three
estimates for the work and was minded to
award the contract to the lowest bidder.
One tenant (Miss Motovilova) took
advantage of the opportunity to inspect
the estimates, and various observations
were received from tenants, including
Miss Motovilova. None of the
observations related to the replacement
of the balcony asphalt.
First-tier Tribunal
In January 2017, Aster applied under
section 27A of the 1985 Act for a
determination in respect of on-account
service charges demanded from the
tenants at Kingsway Gardens. Sixty-six
of the tenants, among them Miss
Motovilova, were legally represented.
The statement of case which had been
served on their behalf put Aster to
proof that certain works, including “new
balcony waterproofing”, would not be
sufficient. It also alleged that the
consultation process had been defective
because Aster had failed to have regard
to observations from tenants. The
tenants also disputed whether
replacement of all balcony asphalt was
reasonable after obtaining an expert
report stating repair would be cheaper.
The FTT found that Aster had carried out
a good faith consultation, but that full
replacement of the balcony asphalt was
unnecessary. Further, balcony asphalt
was not part of the section 20
consultation. An application for
dispensation under 20ZA was therefore
found to be required.
In a decision made on the papers on 15
May 2019, the FTT concluded that it was
appropriate to grant dispensation, but
subject to certain conditions but only
on terms that would remove possible
prejudice to the tenants. The terms were
as follows:
(i) Aster is to pay the reasonable costs
of an expert to consider the necessity
of replacing all the balcony asphalt.
(ii) Aster is to pay the respondent’s
reasonable costs of this application.
(iii) The application costs should not
be recoverable through the service
charge.
The Upper Tribunal granted permission to
appeal but dismissed the appeal in a
decision dated 15 June 2020.
Judgment
The Court of Appeal found that the FTT
was entitled to find that Miss
Motovilova would have commissioned a
surveyor’s report had the notice of
intention referred to the balcony works.
That the FTT failed to expressly address
the fact that none of the tenants had
taken the point in the section 27A
proceedings that the notice of intention
was defective because it failed to
mention the balcony works, did not
vitiate this.
The court then considered whether a
tenant could rely on the fact that
another tenant would have acted
differently if the consultation
requirements had been complied with. It
noted that the consultation for which
the 2003 Regulations provide is a group
process in which a landlord must supply
every tenant with notice of their
intention to carry out works. More than
that, a landlord seeks dispensation
against tenants generally, and any
benefit or prejudice would have accrued
to each of them. The court therefore
found that a tenant could rely upon the
actions of another tenant.
Further, in relation to the conditions
(i) and (ii), the court dismissed
Aster’s challenge to these being
imposed. As the potential prejudice to
the tenants was still to be addressed,
and the court has a broad discretion as
to imposing conditions and their terms,
condition (i) could not be faulted.
Condition (ii) was also perfectly proper
as Aster was asking for an indulgence,
and so could fairly be expected to bear
the tenants’ costs of the application.
Further, the fact that the respondents
had succeeded in having condition (i)
imposed confirmed that this was not a
case in which there was nothing relevant
for them to say in response to the
dispensation application.
Summary by Parissa
Najah, barrister, Trinity
Chambers. For the
judgment, click
here.
|
|
HOUSING
LAW CONSULTATIONS
|
|
|
Renting Homes (Wales) Act 2016
Draft Regulations
The Welsh Government is consulting on:
- draft model written statements
regulations, including the design,
structure and order of the model
written statements
- draft explanatory information
regulations for written statements.
The consultation ends on 16
June 2021. For the
consultation document, click
here. For the draft
regulations, click
here.
|
|
NEW
HOUSING LAW ARTICLES & PUBLICATIONS
|
|
|
Is the housing sector doing
enough to tackle domestic abuse? Andrew
King CIH Blog 18 May 2021 – to
read the article, click
here
Residential Leasehold Ground
Rent Ban – first sight of the draft
bill William Bethune
and David Zong Trowers and Hamlins
18 May 2021 – to read the article, click
here
Defending Disrepair Claims Catherine
Rowlands and Matthew Feldman Local
Government Lawyer 19
May 2021 – to listen to the webinar, click
here
Beyond engagement Nazia
Azad-Warren CIH Blog 19 May
2021 – to read the article, click
here
A Sigh of Relief: Elkundi
& Ors v Birmingham City Council
SS Nearly Legal
20 May 2021 – to read the article, click
here
The real meaning of need Yoric
Irving-Clarke CIH Blog 20 May
2021 – to read the article, click
here
Easing of eviction
restrictions from 31 May 2021 Cherrelle
Reid and Yetunde Dania Trowers and
Hamlins 20 May 2021 – to read the
article, click
here
Important changes following
the introduction of the Fire Safety
Act Mark London and
Michael Wharfe Local Government
Lawyer 21 May 2021 – to read
the article, click
here
Homeshare: an alternative
for independent living Caroline
Cooke Centre for Ageing
Better Blog 21 May 2021 – to read
the article, click
here
We must challenge the
culture on immigration Callum
Chomczuk CIH Blog 21 May 2021
– to read the article, click
here
Dispensation from service
charge consultation requirements Philip
Rainey QC and Robyn Cunningham Local
Government Lawyer 21
May 2021 – to read the article, click
here
Hidden UK homelessness is
about to get much worse, with Covid
support being cut Freya
Marshall Payne Guardian 22 May
2021 – to read the article, click
here
Owner-occupiers: review 2021
(May 21) Dave Cowan Legal
Action May 2021 – to read the
article (subscription required), click
here
Housing: recent developments
(May 21) Sam
Madge-Wyld and Jan Luba QC Legal
Action May 2021 – to read the
article (subscription required), click
here
|
|
31 May 2021
End of ban on evictions from
residential tenancies
|
31 May 2021
New Judicial Review Practice
Directions come into force
(see Housing Law News and Policy Issues)
|
31 May 2021
Housing Benefit and Universal
Credit (Care Leavers and Homeless)
(Amendment) Regulations 2021 come into
force
(see Housing Law News and Policy Issues)
|
1 JUNE 2021
Introduction of four-month notice
periods for residential tenancies
|
|
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
|
|
|
Assistant
Director – Housing Services
|
Great
Yarmouth Borough Council
Click
here and
scroll for details
|
| |
| |
|
Legal
Support Officer – Housing &
Litigation Team
|
Brighton
and Hove City Council
Click
here for
details
|
| |
| |
|
Housing
Customer Service Team Leader
|
Brighton
and Hove City Council
Click
here for
details
|
| |
| |
|
Homelessness
Review Officer
|
Brighton
and Hove City Council
Click
here for
details
|
| |
| |
|
Private
Sector Housing Officer
|
|
|
| |
| |
|
Rough
Sleeper Co-Ordinator
|
North
West Leicestershire District Council
Click
here and
insert ‘housing’ in key words
|
| |
| |
|
Housing
Response Officer
|
Royal
Borough of Kensington and Chelsea
Click
here for
details
|
| |
| |
|
Housing
Response Officer (Part Time)
|
Royal
Borough of Kensington and Chelsea
Click
here for
details
|
| |
| |
|
Housing/Hospital
Liaison Officer
|
Rugby
Borough Council
Click
here and
scroll for details
|
| |
| |
|
Gypsy
and Traveller Officer
|
|
|
| |
|
Housing
Options Business Administrator
Apprentice
|
Oxford
City Council
Click
here and
scroll for details
|
| |
| |
|
Senior
Private Rented Standards Officer
|
|
|
|
Lime Legal
Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
|
|
|
|
|