Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
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12
November 2014 Update
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HOUSING LAW NEWS
Policy
Issues in Housing Law
Social
Housing & Anti-social Behaviour
The House of
Commons Library has published a new update of its free Briefing Note on
anti-social behaviour in social housing. It takes account of new tools and
powers which came into force last month. For a copy, click
here
Private Renting (1)
On 1 December 2014, the provisions of the Immigration Act 2014 relating to
landlord lets to migrants start coming into force for landlords in
Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. To help those
private landlords prepare for the changes, the Home Office has produced a
“right to rent” factsheet. For copies, click
here There is
also a Summary Guidance for Landlords leaflet. For a copy, click
here Even though there
is less than a month to go before commencement only the draft Codes of
Practice are available at time of writing. For copies, click
here
Private Renting (2)
The House of Commons Library has published a new free Briefing Note on Retaliatory
Eviction in England. It reviews the background to the measures
proposed in the Tenancies (Reform) Bill (see below). For a copy of the
briefing note, click
here
Social housing under-occupation and the ‘bedroom tax’
On 3 November 2014,
the Secretary of State at the DWP told MPs that, of the claimants affected
by the ‘bedroom tax’, “as at December 2013, around 22,000 had
downsized or moved a year ago. New figures to be published in due course
show that if that trend continues, up to 50,000 will have moved or
downsized by now, with the total no longer affected even higher.”
For the full debate, click
here
Regulation of social housing
The regulator of
social housing in England (the Homes & Communities Agency’s
Regulatory Committee) has re-published its suite of documents for
organisations wanting to pursue internal appeals against its decisions.
There does not appear to be any right of appeal for individuals
complaining that a serious detriment has resulted from the conduct of a
social landlord. For the documents, click
here
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Housing
Laws in the Pipeline
Affordable
Homes Bill
This Private
Members Bill would (1) introduce three new exemptions to the application
of the under-occupation deduction from Housing Benefit (or the housing
element of Universal Credit) for claimants who are deemed to be
under-occupying their social rented homes and (2) secure a review of the
availability of affordable and intermediate housing by the Secretary of
State. The bill was in its House of Commons Committee Stage on 29
October 2014 but that stage has been adjourned until after the House
has passed a money resolution for the spending the Bill will incur. For
the sponsoring MP’s reaction to the adjournment of the proceedings, click
here For more details
about the bill and its progress, click
here
Consumer Rights Bill
This is a government bill that relates to housing by: (1) repealing and
replacing laws dealing with unfair terms in tenancy agreements and other
contracts; and (2) requiring letting agents to publish their fees. The
bill will have its House of Lords Report Stage on 19 November 2014.
For more details about the bill and its progress, click
here For the latest version of the Bill, click
here
Deregulation Bill
This is a government bill that relates to housing by: (1) reducing the
qualifying period for right to buy; (2) removing the power to require
preparation of housing strategies; and (3) amending the law on tenancy
deposits. The bill is currently in its House of Lords Committee Stage
which resumed on 11 November 2014. For more details about the bill
and its progress, click
here
Tenancies (Reform) Bill
This is a Private Members Bill introduced by Sarah Teather MP. For her
explanation as to why it is being introduced, click
here Its purpose
is to protect tenants against retaliatory eviction and to amend the law on
notices requiring possession relating to assured shorthold tenancies. The
government has stated that it supports the principles of the Bill which
will have its second reading on 28 November 2014. For more details
about the bill and its progress, click
here The All Party
Parliamentary Group for the Private Rented Sector has launched a
consideration of the Bill’s proposals and issued a call for the
submission of evidence. For more details, click
here For the
response submitted by the Race Equality Foundation, click
here
Carers Bedroom Entitlement (Social Housing Sector) Bill
This is a Private Member’s Bill introduced by Barbara Keeley MP. Its
purpose is to provide that people living in the social housing sector, who
are in receipt of Universal Credit or Housing Benefit, be entitled to that
benefit based on needing an additional bedroom related to caring
responsibilities or overnight care. For a copy of the Bill, click
here The Bill’s
Commons Second Reading is scheduled for 21 November 2014. For
further details, click
here
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NEW
HOUSING LAW CASES
R
(C1 and C2) v Hackney LBC
7
November 2014
The claimants were two young children living with their mother in her
overcrowded one bedroom housing association flat. The boy was autistic and
the girl had severe behavioural problems. The mother applied for a
transfer but the association had closed its housing register to new
transfer applicants. A Children Act 1989 assessment indicated that the
children needed suitable accommodation. The council’s children’s
services department wrote to the council’s housing department requesting
such housing. The children then sought judicial review, contending that
the housing department had unlawfully failed to respond to the request,
contrary to the duty in Children Act 1989 section 27. The High Court
rejected the claim. Section 27 did not apply to requests made by one
department to another within a unitary authority. For the judgment, click
here
R (Jakimaviciute) v Hammersmith & Fulham LBC
6 November 2014
In April 2013, in exercise of new powers given by the Localism Act 2011,
the council adopted an allocation scheme which contained non-qualifying
classes. One such class removed from qualification "Homeless
applicants placed in long term suitable temporary accommodation under the
main homelessness duty, unless the property does not meet the needs of the
household or is about to be ended through no fault of the applicant.”
The claimant was in that class but was also within one of the
reasonable preference categories because she was owed the homelessness
duty. The Court of Appeal allowed her claim for judicial review. The
non-qualifying class was unlawful because it prevented the scheme from
giving a reasonable preference to those owed the homelessness duty. For
the judgment, click
here
Telchadder v Wickland Holdings Limited
5
November 2014
Mr Telchadder was an owner-occupier on a mobile home park site. He
suffered some mental ill-health, had a mild learning difficulty and
exhibited autistic traits. He caused anti-social behaviour and in 2006 the
site owners served him with notice under paragraph 4 of Schedule 1 to the
Mobile Homes Act 1983. There was no further anti-social behaviour until
three years later. The owners sought possession. The Supreme Court allowed
an appeal from a possession order. The notice had been complied-with for a
reasonable time and could no longer be relied upon. For the judgment, click
here For a
fuller summary, click
here
Complaint against Tai Ceredigion Cyf
November 2014
The complainant was a disabled tenant of the housing association. She
applied for an adaptation to provide a walk-in shower. The association
initially declined as it considered she was under-occupying the property
and that her long term needs would best be served by a move to alternative
accommodation. By the time the Public Services Ombudsman for Wales had
completed an investigation, the association had changed its position and
agreed to make the adaptation. The Ombudsman upheld the complaint and
recommended an apology, £500 compensation and a review of the
association’s adaptations policy. A similar complaint against a
different housing association, Cartrefi Cymunedol Gwynedd, had produced a
similar result. For that report, click
here.
Oxford CC v Hans Raj
3 November 2014
The defendant was a private landlord. The council’s inspection found
that he was operating an HMO without a licence. The house had no fire door
separating kitchen from hallway and there was inadequate fire separation
between the kitchen and underside of stairs. The windows were in a poor
state of repair and a leaking shower caused damp and plaster damage to the
stairway.
At Oxford Magistrates’ Court, the defendant pleaded guilty. For failing
to licence the HMO, he was fined £5,000. A further fine of £8,000 was
imposed for breaches of the Management of Houses in Multiple Occupation
(England) Regulations 2006. Costs of £750 were added.
For more details of the prosecution, click
here
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HOUSING
LAW CONSULTATIONS
Local
welfare provision in 2015 to 2016
Parts of the discretionary Social Fund were abolished by the Welfare
Reform Act 2012 and the new local welfare schemes adopted by local
authorities replaced Community Care Grants and Crisis Loans. On 10 October
2014 DCLG and the DWP opened a consultation seeking views on how local
welfare provision should be funded in 2015 to 2016. Closing date: 21
November 2014. For a copy of the consultation paper, click
here
Travellers
The DCLG is consulting on new planning restrictions which will affect
gypsies and travellers without authorised sites. In addition to the formal
consultation paper, there is an easy read version and an equality
assessment. Closing date: 23 November 2014. For a copy of the
consultation paper, click
here
Consultation on a New Tenancy for the Private Sector
The Scottish Government is consulting on new arrangements for security of
tenure and/or rent control in the private rented sector. Closing date: 28
December 2014. For a copy of the consultation paper, click
here.
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NEW
HOUSING LAW
ARTICLES & PUBLICATIONS
A
return to common sense
(commentary on the recent Court of Appeal decision on leaseholder service
charges) Christine Land [2014]
5 November Inside Housing. To read the article, click
here
Private Members Bills: will they be worth it? Caroline Hunter [2014] 17 Journal
of Housing Law 109
Deprivation of liberty
Christopher Handy [2014] 17 Journal of Housing Law 112
When
are the best interests and welfare of the child relevant and how can they
be used in housing-related claims? Part 1: principles Joseph
Markus [2014] 17 Journal of Housing Law 118
Re-calculating
repayments of rent David Smith [2014] 17 Journal of
Housing Law 124
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THE HOUSING LAW DIARY
12
November 2014
The
Supreme Court hands down its judgment in Sims v Dacorum BC
on whether one of two joint tenants can give a unilateral notice to quit.
For the judgment, click
here. For a fuller summary, click
here.
12
November 2014
The
Supreme Court hands down its judgment in CN v Lewisham, ZH v Newham on
whether a local housing authority needs a possession order to recover
temporary accommodation provided on licence to a homeless person. For the
judgment, click
here. For a fuller summary, click
here.
21
November 2014
Scheduled
Second Reading of the Carers Bedroom Entitlement (Social Housing Sector)
Bill (see above)
21
November 2014
Close
of consultation on local welfare provision (see above)
23
November 2014
Close
of consultation on planning and Travellers (see above)
28
November 2014
Scheduled Second Reading of the Tenancies
(Reform) Bill (see above)
5 December 2014
Lime Legal's Housing Management Conference 2014: Law & Practice. For
more details click
here
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