27th January 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

High-rise buildings with ACM cladding
On 21 January 2021 the MHCLG published data showing that as at 31 December 2020:

  • 100 per cent of high-rise social sector and student buildings have unsafe ACM replaced or work underway;
  • Around 95 per cent of all high-rise buildings with ACM similar to that at Grenfell Tower have been fully remediated or have work underway;
  • 8 per cent of private sector buildings over 18-metres have either completed or started remediation, of which 42 per cent have had their ACM cladding removed;
  • There were more buildings on site with safety works last year than ever before, despite pandemic

For the ACM remediation data, click here. For the announcement of progress and details of various initiatives undertaken by the Government, click here. For a clear explanation in The Construction Index of the situation at 31 December 2020, click here.

Independent Human Rights Act Review: Parliamentary Committee calls for evidence

On 21 January 2021 the Parliamentary Joint Committee on Human Rights announced that it is seeking views to help inform its response to the Government's independent review of the Human Rights Act and its outcome. The Committee would welcome submissions which focus on one or more of the following issues:

  • Has the Human Rights Act led to individuals being more able to enforce their human rights in the UK? How easy or difficult is it for different people to enforce their Human Rights?
  • How has the operation of the Human Rights Act made a difference in practice for public authorities? Has this change been for better or worse?
  • What has been the impact of the Human Rights Act on the relationship between the Courts, Government and Parliament?
  • Has the correct balance been struck in the Human Rights Act in the relationship between the domestic Courts and the European Court of Human Rights? Are there any advantages or disadvantages in altering that relationship?
  • Are there any advantages or disadvantages in seeking to alter the extent to which the Human Rights Act applies to the actions of the UK (or its agents) overseas?

For more information, click here.

Legal aid: tender opportunity for housing and debt work
On 19 January 2021 the Legal Aid Agency opened a tender process for the delivery of housing and debt work in 14 procurement areas across England. It closes on 18 February 2021. The areas are as follows: Calderdale, City of Kingston upon Hull, Cornwall, Doncaster, East Riding of Yorkshire, Hartlepool, Leicestershire and Rutland, North Hertfordshire, Sandwell, Shropshire, Somerset, South Tyneside, Warrington and Halton, and Wirral. For more information, click here.

Gypsy and Traveller sites – England

On 14 January 2021 Friends, Families and Travellers (FFT) released a report revealing that whilst over 1696 households are currently on waiting lists for pitches, there are only 59 permanent and 42 transit pitches available across England. The report calls on Government to change their approach to unauthorised encampments, from enforcement to an approach which prioritises provision of sites and negotiated stopping arrangements. The report also says that the Government should reintroduce pitch targets and a statutory duty onto local authorities to meet the assessed need for Gypsy and Traveller sites. For the report, click here. For a press release relating to the report, click here. For an article on the BBC News website, click here.

Grenfell Tower site update
On 19 January 2021 the MHCLG published a summary and Q & A in respect of an online event on 8 December 2020 updating developments at the Grenfell Tower site and explaining how the community can be involved. For the document, click here. For the latest update for the Grenfell community about Grenfell Tower and the future memorial, click here.

Grenfell Tower Inquiry
On 20 January 2021 the Grenfell Tower Inquiry announced that it is aiming to resume Module 2 hearings on 8 February 2021. The hearings will use a Zoom based video platform and allow all those who would have been required to be onsite for the limited attendance hearings to participate from remote locations. Remote hearings are a temporary measure to be used only for as long as is absolutely necessary. For the updated provisional Phase 2 timetable, click here.

Right to Buy sales in England: July to September 2020

On 21 January 2021 the MHCLG published statistics on the number of sales of dwellings under the Right to Buy scheme in England. Between July and September 2020:

  • Local authorities sold an estimated 1,548 dwellings under the Right to Buy scheme. This is a decrease of 43 per cent compared to the same quarter of 2019-20.
  • The average receipt per dwelling sold was £88,657. This is the second highest average receipt since recording started in 2012-13 and 6 per cent greater than Q2 2019-20.
  • There were 682 dwellings started on site or acquired by local authorities, 51 per cent lower than the number of dwellings started or acquired in the same quarter of 2019-20. This reduction in starts may be, in part, a result of the period of national restrictions introduced in response to the COVID-19 pandemic.

For the full statistics, click here. For tables of right to buy sales, organised, for example, by local authority, click here.

Domestic Abuse Bill
On 25 January 2021 the Domestic Abuse Bill began its committee stage in the House of Lords. To follow progress of the bill, click here. For a briefing, prepared by the Local Government Association, listing the tabled amendments to the bill, click here. For draft guidance (published on 26 January 2021) on the delivery of support to victims of domestic abuse, including children, in domestic abuse safe accommodation services, click here and scroll to the bottom document.

Coronavirus: Student accommodation issues
On 25 January 2021 the House of Commons Library published a briefing about the impact of coronavirus on student accommodation. Compliance with coronavirus restrictions has meant many students have not been able to live in their term-time accommodation for significant periods and many have had a poorer experience at university than expected due to Covid outbreaks and restrictions. This has led to students demanding rent refunds or discounts. The briefing considers how universities, other accommodation providers and the Government have responded to this. For the briefing, click here. For an article in Mancunian Matters about the various rent strikes called by students across the country, click here.

Private rental growth measures, a UK comparison: January to December 2020
On 21 January 2021 the Office for National Statistics published an article comparing growth in the Index of Private Housing Rental Prices to other measures of private rental growth. The article finds that:

  • The Index of Private Housing Rental Prices (IPHRP), as a measure of the stock of private rents, is a more stable index compared with the newly let private measures.
  • London rental price growth has slowed since the start of the coronavirus (COVID-19) pandemic.
  • The high proportion of private rented stock compared with owner-occupied housing stock in London drives the difference between owner occupiers' housing costs (OOH) and IPHRP measures.

For the article, click here. For the latest IPHRP, covering November 2020, click here.

Homelessness accommodation provision and rough sleeping: October 2020 – Wales
On 21 January 2021 the Welsh Government published management information on persons placed into temporary accommodation and rough sleepers for October 2020. It covers emergency accommodation and provision of long term accommodation for people who present to local authorities for housing support as they are at risk of homelessness. The main points are:

  • 1,335 people presenting as homeless were placed into emergency accommodation during the month, of which 115 were dependent children aged under 16.
  • At 31 October 2020, 4,735 individuals were in temporary accommodation. 1,160 of these were dependent children aged under 16.
  • 666 homeless individuals were moved into suitable long-term accommodation, of which 177 were dependent children aged under 16.
  • At 31 October 2020, there were 112 individuals sleeping rough throughout Wales. This is a small increase on the 110 individuals sleeping rough at 30 September 2020.

For the full figures, which have not undergone the same level of quality assurance as official statistics, click here.

Shared-ownership homes – London
On 22 January 2021 the Mayor of London, Sadiq Khan outlined plans to increase the rights of leaseholders in the capital by setting out a new expectation that all shared ownership homes built as part of his new Affordable Homes Programme (AHP) are sold with a 999-year lease as standard. For more details, click here.

Electrical inspections and new property licensing schemes
On 21 January 2021 safeagent, the not-for-profit accreditation scheme for lettings and management agents, called for a pause in the implementation of new electrical safety regulations, and new property licensing schemes. Although visiting rented properties to prepare licence applications and undertake routine electrical testing is permitted under the coronavirus regulations, safeagent believes neither can be a priority while the pandemic continues with extremely high levels of infection across the country. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require all occupied private rented homes in England to have an Electrical Inspection Condition Report (EICR) by 1 April 2021 – an estimated 4.5 million households. safeagent says that this will involve electricians visiting many thousands of properties over the coming weeks, spending a couple of hours inside each one, and that, despite safety measures, this clearly risks adding to community spread of the virus. For the full press release, click here. For the 2020 Regulations, click here.

 

HOUSING LAWS IN THE PIPELINE
 

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 is scheduled for 28 January 2021. For the bill, as amended on report, 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 will take place in Plenary on 10 February 2021 to consider amendments to the Bill (as amended at Stage 2). Amendments may now be tabled to the Bill (as amended at Stage 2). For the bill as amended at Stage 2, 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 a date to be announced. 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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NEW HOUSING CASES
 

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Ors [2021] EWCA Civ 27

The issue considered on this appeal is the extent to which service charge apportionment provisions in residential long leases are invalidated by section 27A(6) of the Landlord and Tenant Act 1985 (“LTA 1985”).

Section 27A(6) LTA 1985 provides that an agreement by a tenant is void insofar as it seeks to determine in a particular manner or on particular evidence any question which may be the subject of an application to the First-tier Tribunal under s.27A(1) LTA 1985 (to determine whether a service charge is payable and if so on what terms).

The Facts
The service charges related to a number of flats in Southsea forming part of a mixed residential and commercial development. The development was once in common ownership and subsequently separated, giving rise to the problem considered on appeal. The service charge contained in each of the relevant leases consisted of three components: insurance costs, building services costs, and estate costs. The amount payable by the lessee for each cost was expressed as a specific percentage or “such part as the Landlord may otherwise reasonably determine”.

The question at the heart of the case was whether the landlord was restricted to the specified percentage in respect of each category of service charge or whether the ability to specify a different percentage was transferred from the landlord to the First Tier Tribunal ("the FTT").

The Upper Tribunal
The decision of the Upper Tribunal (“the UT”), reversing the decision of the FTT, was that the first of these alternatives was correct. The UT held that the effect of section 27A(6) LTA 1985 was that the words "or such part as the Landlord may otherwise reasonably determine" were void. As a consequence, applying the “blue pencil” test, these words should be deleted as offending s.27A(6) LTA 1985 with the result that the tribunal interpreted what remained in the lease. The consequence was that the landlord was restricted to the fixed percentages of costs.

The Appeal
Lewison LJ examined the previous decisions in which the UT had reviewed the effect of s.27A(6) LTA 1985 and considered that the clear thread running through the decisions was that the effect of section 27A(6) LTA 1985 was to remove the landlord's role (or that of another third party) from the decision-making process in order not to deprive the FTT of jurisdiction under section 27A(1) LTA 1985. The court was not concerned with the form or language of the drafting but the effect and enforceability of the agreed provisions. 

All that was necessary for compliance with section 27A(6) LTA 1985 was to deprive the landlord of its role in making the determination as to the different percentage as an alternative to the fixed percentage.  Either the landlord or the lessee could refer the question of a different reasonable percentage to the FTT if it could not be agreed.

Applied to the instant case, Lewison LJ considered that the lease should be read as if it had provided for the fixed percentage "or such part as … may otherwise reasonably determine" with the vacuum of making that determination filled by transferring that function from the landlord to the FTT. Accordingly, the Court of Appeal unanimously allowed the appeal and restored the decision of the FTT.

Summary by Henry Percy-Raine, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS
 

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.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Psychologically Informed Peer Mentoring: A Summary of the Project in Basingstoke Dr Stephanie Barker Homeless Link 19 January 2021 – to read the article, click here

What the Social Housing White Paper says about: safety in homes Debbie Larner CIH Blog 21 January 2021 – to read the article, click here

And no returns… [Merritt v Thurrock Council & Anor (2021) EW Misc 2 (CC)] Giles Peaker Nearly Legal 21 January 2021 – to read the article, click here

Reviewing the risks facing the social housing sector Jo Loake Local Government Lawyer 22 January 2021 – to read the article, click here

How the new immigration rules affect social landlords John Perry and Sam Lister CIH Blog 25 January 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

Gypsy and Traveller: Update (December 20) Tessa Buchanan, Chris Johnson, Dr Angus Murdoch and Marc Willers QC Legal Action December 2020 / January 2021– to read the article (subscription required), click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action December 2020 / January 2021 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY
 

28 January 2021                                   
Changes to civil legal aid eligibility come into effect

28 January 2021                                   
Third reading in the House of Lords of the Telecommunications Infrastructure (Leasehold Property) Bill (see Housing Laws in the Pipeline)

8 February 2021                                   
Grenfell Tower Inquiry Module 2 hearings to resume (see Housing Law News and Policy Issues)

10 February 2021                                   
Consideration in Plenary of amendments to the Renting Homes (Amendment) (Wales) Bill (as amended at Stage 2) (see Housing Laws in the Pipeline)

18 February 2021                                   
Closing date for legal aid tenders for housing and debt advice (see Housing Law News and Policy Issues)

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