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HOUSING
LAW NEWS & POLICY ISSUES
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Levelling up white paper
published
On 2 February 2022 the DLUHC published
its much heralded white paper on
levelling up. In respect of housing, the
government said:
- The ‘80/20 rule’ which leads to 80
per cent of government funding for
housing supply being directed at
‘maximum affordability areas’ – in
practice, London and the South East –
will be scrapped, with much of the
£1.8 billion brownfield funding
instead being diverted to transforming
brownfield sites in the North and
Midlands. The Metro Mayors will be
allocated £120 million of this
funding.
- The government will announce a plan
that all homes in the Private Rented
Sector will have to meet a minimum
standard – the Decent Homes Standard.
Section 21 ‘no fault’ evictions will
further be abolished, ending the
unfair situation where renters can be
removed from their homes for no
reason. The government will consult on
introducing a landlords register, and
will set out plans for a crackdown on
rogue landlords, making sure fines and
bans stop repeat offenders leaving
renters in terrible conditions.
- Home ownership will be boosted due
to a new £1.5 billion Levelling Up
Home Building Fund being launched,
which will provide loans to SMEs and
support the UK government’s wider
regeneration agenda in areas that are
a priority for levelling up.
- The government will further commit
to building more genuinely affordable
social housing. A new Social Housing
Regulation Bill will deliver upon the
commitments the government made
following the Grenfell tragedy in
2017.
For the DLUHC announcement, click
here. For the white
paper, click
here.
Levelling up white paper:
responses
There have been may responses to the
government’s white paper on levelling
up. Some of those commenting
specifically on the housing elements are
as follows. For the response of the
Local Government Association, click
here and that of
Crisis, click
here. The Centre for
Ageing Better also commented concerning
the ‘dire state’ of housing; for that
comment, click
here. CIEH has welcomed
the white paper and called the
commitments to improving housing
standards and introducing a national
register for landlords a firm step in
the right direction; for their response,
click
here. For comment by
the National Residential Landlords
Association, click
here and for that of
Shelter, click
here.
Civil Procedure (Amendment)
Rules 2022
These Rules, which come into
force on 6 April 2022, make a raft of
amendments to the Civil Procedure Rules
1998, reflecting (amongst other changes)
current work to simplify and condense
the Rules in respect, for example, to
acknowledgement of service and default
judgment. Anti-Social Behaviour CPR 65
is amended in response to a Civil
Justice Council report and their
recommendation on legal advice. For the
Amendment Rules, click
here. For the 1998
Rules, click
here.
Regulation of social housing:
Commons LUHC Committee inquiry
On 7 February 2022 the Commons Levelling
Up, Housing and Communities Committee
held the latest oral evidence session
for its inquiry into the regulation of
social housing in England. The session
focused on questions around the
condition of social housing, tenant
engagement, financial pressures on
housing providers, and the roles of the
Housing Ombudsman and Regulator of
Social Housing. To watch the session, click
here. For more details
of the Committee’s inquiry into the
regulation of social housing, click
here.
Leasehold high-rise flats: Who
pays for fire safety work?
On 3 February 2022 the House of
Commons Library published an updated
briefing paper considering debate about
who is responsible for paying for fire
safety works on blocks of flats in the
wake of the Grenfell Tower fire. For the
paper, click
here.
Human Rights Act reform: Justice
Committee inquiry
On 8 February 2022 the House of
Commons Justice Committee questioned
former Supreme Court Justice Lord
Carnwath, human rights barrister Kirsty
Brimelow QC and leading academics in the
second of two sessions examining
proposals to reform the UK’s Human
Rights Act. To watch the session, click
here. For more details
of the Committee’s inquiry, click
here.
Tackling the under-supply of
housing in England
On 4 February 2022 the House of Commons
Library published a briefing covering
trends in housing supply and considering
barriers and potential solutions to
delivering more homes. For the briefing,
click
here.
Improving access to social
housing for victims of domestic abuse
On 25 January 2022 the DLUHC
published updated guidance for local
authorities to improve access to social
housing for victims of domestic abuse.
For the guidance, click
here.
Renting homes: guidance for
landlords – Wales
On 7 February 2022 the Welsh
government published updated guidance
for landlords explaining how new laws
are planned to change the way properties
will be rented from 15 July 2022. For
the guidance, go to wales.gov and then
to ‘Housing’ and then to
‘Announcements’.
Renting homes: guidance for
tenants – Wales
On 4 February 2022 the Welsh
government published updated guidance
for tenants and licensees explaining
what Renting Homes means. For the
guidance, go to wales.gov and then to
‘Housing’ and then to ‘Announcements’.
Fitness of homes for human
habitation: guidance for landlords –
Wales
On 7 February 2022 the Welsh government
published updated guidance explaining
what landlords must do from 15 July 2022
to ensure their property is in good
repair and fit for human habitation. For
the guidance, go to wales.gov and then
to ‘Housing’ and then to
‘Announcements’.
Issues arising from cavity wall
insulation (CWI) installations:
guidance – Wales
On 7 February 2022 the Welsh
government published a consumer guide to
issues arising from cavity wall
insulation (CWI) in Welsh properties.
For the guide, click
here.
Supported accommodation:
temporary exclusion guidance – Wales
On 4 February 2022 the Welsh government
published guidance for landlords on the
short term exclusion of the
contract-holder from the property for up
to 48 hours at a time. For the guidance,
click
here.
Housing Ombudsman issues Special
Report on Lambeth’s complaint handling
On 1 February 2022 the Housing Ombudsman
issued a Special Report on the London
Borough of Lambeth following the volume
and frequency of complaint handling
failure orders issued and a series of
formal investigations. For more details,
click
here.
Fees for social housing
regulation
On 4 February 2022 the Regulator of
Social Housing published updated
principles of the regulator's
fee-charging scheme for registered
providers and practical guidance about
its operation. For the guidance, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 completed its passage through
the House of Commons on 19 January 2022.
It received its first reading in the
House of Lords on 20 February 2022. It
received its second reading on 2
February 2022. Committee stage begins on
21 February 2022. For
the Bill as brought from the House of
Commons, 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 17 January 2022, click
here. For a briefing
produced by the Local Government
Association in advance of the second
reading in the House of Commons, 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. 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 received its second
reading debate on 29 November 2021. The
Public Bill Committee reported the Bill
with amendments to the House on 9
December 2021. The Bill had its third
reading on 24 January 2022. The Bill
returned to the House of Lords on 7
February 2022 for consideration of
Commons amendments. For the Bill as
brought from the House of Lords, click
here. For a House of
Commons Library briefing concerning the
Bill, published on 20 January 2022, click
here. 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 was
been further postponed to 25
February 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 postponed second reading on
25 February 2022.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 postponed second reading on
25 February 2022. 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. Second
reading has been further postponed to 25
February 2022. The Bill
awaits publication. 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 postponed second reading on
25 February 2022.The
Bill awaits publication. To follow
progress of the Bill, click
here.
Fire Safety Remediation
Charges (Recovery and Enforcement)
Bill
This Private Members’ Bill would
introduce a moratorium on recovery and
enforcement action by freeholders and
managing agents relating to service
charges increases, fees or demands for
payment in respect of leaseholders’
share of the costs of fire safety
remediation work. It was presented to
Parliament on 24 January 2022. Second
reading is scheduled to take place on 18
March 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. Second
reading was further postponed to 14
January 2022 but was nit debated on that
day. 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. The
second reading was postponed to 14
January 2022 but was not debated on that
day.The Bill awaits publication. 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.
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.
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HOUSING
LAW CONSULTATIONS
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Regulator of Social Housing:
Consultation on the introduction of
tenant satisfaction measures
The Regulator of Social Housing
is seeking views on its proposals for
tenant satisfaction measures which are
part of implementing changes to consumer
regulation set out in the Government’s
‘The Charter for Social Housing
Residents: Social Housing White Paper’.
The measures would provide data about
social housing landlords’ performance
and the quality of their services to
help tenants hold their landlord to
account and help RSH in its future
consumer regulation role. The Regulator
looks forward to hearing from landlords,
tenants and anyone with an interest in
social housing by 3 March 2022.
For the consultation documents, click
here.
Reforming the leasehold and
commonhold systems in England and
Wales
The DLUHC is consulting on a number of
Law Commission recommendations that
would broaden access to enfranchisement
(buying the freehold) and the ‘right to
manage’ a building. The proposals would
increase the ‘non-residential limit’
from 25 to 50 per cent, allowing
leaseholders in buildings with up to 50
per cent non-residential floorspace to
buy their freehold or claim a right to
manage. The DLUHC is also considering
recommendations that allow leaseholders
to require that a landlord take on
leases for any non-participating units
following a collective enfranchisement;
the introduction of a non-residential
limit for individual freehold
acquisitions; and changes to voting
rights in right to manage companies. On
Commonhold, the Department is
considering how shared ownership
products could work in commonhold
settings; and the provision of
information for buying and selling a
commonhold property.
For the consultation, which closes on 22
February 2022, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Tenants at risk of youth
violence shouldn’t have to become
homeless. It's putting young
people's lives at risk Deborah
Garvie Shelter Blog 31 January
2022 – to read the article, click
here
Homeless and isolated:
Working with non-UK nationals who
identify as LGBTQI+ Sebastian
Rocca Homeless Link 1 February
2022 – to read the article, click
here
Making the case for local
authority-led housing Rob
Sellen Local Government Lawyer
2 February 2022 – to read the article, click
here
The Renting Homes (Wales)
Act 2016: the key changes Lee
Russell and Victoria Smith Local
Government Lawyer 2 February 2022
– to read the article, click
here
Would your organisation like
to learn more about effective ways
of working with women who experience
homelessness? Michaela
Campbell Homeless Link 2
February 2022 – to read the article, click
here
Tenant satisfaction
measures, neighbourhood management
and anti-social behaviour Chris
Grose Local Government Lawyer
2 February 2022 – to read the article, click
here
The end of 'trickle-down
housing'. A chance to make housing
genuinely affordable again Alastair
Harper Shelter Blog 2 February
2022 – to read the article, click
here
First Homes - what will it
mean for rural areas? Jo
Lavis CIH Blog 2 February 2022
– to read the article, click
here
Deposits, possession claims
and corporate landlords Justin
Bates and Tom Morris Local
Government Lawyer 2 February 2022
– to read the article, click
here
Thousands of tenants in
England could miss out on council
tax cut Zoe Wood Observer
6 February 2022 – to read the article, click
here
Suitability and
affordability – Court of Appeal on
assessing affordability Giles
Peaker Nearly Legal 6
February 2022 – to read the article, click
here
Work to be done on housing
and human rights Callum
Chomczuk CIH Blog 7 February
2022 – to read the article, click
here
Caught in the rental trap,
we’re trying to turn our flat into a
co-op. Here’s what we’ve learned Ruby
Lott-Lavigna Guardian 7
February 2022 – to read the article, click
here
Give and take – recent
developments, housing law and LAG Sue
James Legal Action February
2022 – to read the article, click
here
Housing conditions: update
(Feb 22) Catherine
O’Donnell Legal Action – to
read the article (subscription
required), click
here
Housing: recent developments
(February 22) Jan Luba
QC and Sam Madge-Wyld Legal Action
– to read the article (subscription
required), click
here
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22 February 2022
Closing date for submissions to
the consultation on Reforming the
leasehold and commonhold systems in
England and Wales (see Housing Law
Consultations)
22 February 2022
Committee stage begins in the House of
Lords of the Building Safety Bill (see Housing
Laws in the Pipeline)
25 February 2022
Postponed second reading of the Caravan
Sites Bill (see Housing Laws in the
Pipeline)
25 February 2022
Postponed second reading of the Mobile
Homes Act 1983 (Amendment) Bill (see Housing
Laws in the Pipeline)
25 February 2022
Postponed second reading in the House of
Commons of the Homeless People (Current
Accounts) Bill (see Housing Laws in
the Pipeline)
25 February 2022
Postponed second reading in the House of
Commons of the Housing Standards
(Refugees and Asylum Seekers) Bill (see
Housing Laws in the Pipeline)
25 February 2022
Postponed second reading in the House of
Commons of the Evictions (Universal
Credit) Bill (see Housing Laws in
the Pipeline)
3 March 2022
Closing date for submissions to the
consultation on Regulator of Social
Housing: Consultation on the
introduction of tenant satisfaction
measures (see Housing Law
Consultations)
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