Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
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3
December 2014 Update
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HOUSING LAW NEWS
Policy
Issues in Housing Law
Homelessness
The UK Government has issued a new statutory code of guidance on
homelessness for local housing authorities in England which has come into
effect immediately. The Code supplements the main Code of Guidance (issued
in 2006) under Housing Act 1996 section 182 and is specifically concerned
with domestic violence. For a copy, click
here
Private renting and immigration checks
The
new provisions on landlords undertaking immigration status checks on
prospective new tenants came into force on Monday 1 December 2014 in parts
of the West Midland ahead of a national roll-out next year. For a copy of
the latest House of Commons Library Briefing on these provisions, click
here.
Retaliatory eviction
On 28 November 2014 a private members bill designed to address retaliatory
evictions (for details see Housing laws in the pipeline below) was
talked-out in Parliament and, despite having had UK Government support, is
unlikely to make further progress. For figures from the CAB service
suggesting a recent significant increase in private tenants seeking
advice, click
here For a copy of the
House of Commons Library Briefing on the background to the bill, click
here For a pre-debate briefing on the Bill by Shelter's Policy
Officer, click
here
Legal aid in housing cases
On
26 November 2014 the Bureau of Investigative Journalism published figures
demonstrating the collapse in take-up of legal aid for advice and
representation in housing cases. For the figures covering each of the 156
local legal aid 'procurement areas', click
here For a discussion of why little over half of the available
legal aid for housing cases was used, click
here For an examination of the reasons why there are now parts of
the country which are housing advice deserts, click
here See further the "Use it or Lose It" article by Sara
Stephens and Jan Luba (in Housing Law Articles, below).
Housing benefit for tenants under 35
The
Shared Accommodation Rate (SAR) limits the amount of housing benefit that
a single person under the age of 35 can receive. The House of Commons
Library has produced a new briefing note providing background information
on the operation of the SAR and its extension in January 2012 to claimants
under age 35. For a copy, click
here
Service charges in social housing
An
explanation of the assistance available to long leaseholders of social
landlords in paying for major works is given in the latest House of
Commons Library Briefing. For a copy, click
here
Human rights & children's rights in relation to housing
The
Equality & Human Rights Commission has published a new guide to
human rights for use by regulatory bodies, inspectorates and ombudsmen.
For a copy, click
here The Children's Rights Alliance for England has published a
review of the need for further action on children's rights. It notes the
number of children in homeless families and in unsatisfactory bed &
breakfast accommodation. For a copy of the review, click
here
Tenants of social housing
The
G15 group (of London’s largest housing associations) has published its
latest Real London Lives research report. It addresses the
popular misunderstanding that the population of social housing residents
is characterised by high levels of benefit dependency, lone parenthood,
long-term unemployment and limited aspiration. For a copy of the report, click
here
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Lime
Legal’s Housing Management
Conference 2014
London
, Friday 5 December
Last
chance to book!
Programme
includes:
-
Rent arrears management after a year of ‘welfare reform’
- Rental capacity problems among tenants: law and practice
- The Housing Manager’s In-Tray 2014: the hot issues
- Joint Tenancies – the Supreme Court speaks
- When can we use licences? The Supreme Court speaks again
- Tenancy fraud: detection, eviction, prosecution and repayment
- Transfers: ‘non-priority cases’ and ‘management transfers’
- Mutual exchange: the real ‘right to move’?
- Death and succession
- ASB update: case law round up and the new legislation explained
- Getting possession: a Case law and legislation update
- Questions & Answers – your chance to ask the experts
Click
here for details
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Housing
Laws in the Pipeline
Tenancies
(Reform) Bill
This was a Private Members Bill was introduced by Sarah Teather MP. It had
its second reading on 28 November 2014. For that debate, click
here The Bill was talked-out and is unlikely to progress further
(see above). For a copy of the Bill, click
here For the Explanatory Notes, click
here For other details about the Bill, click
here
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 For the latest
exchange on the UK Government’s estimate that the enactment of the Bill
would cost £1 billion, 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 has completed its House of Lords Report Stage and will have a Third
reading on 8 December 2014. For more details about the bill and its
progress, click
here For the latest version of the Bill, as amended on Report, click
here For last week’s debate on parts of the Bill concerning
letting agent fees, 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 has completed its House of Lords Committee Stage and a
date for Report Stage has yet to be fixed. For more details about the bill
and its progress, click
here
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NEW
HOUSING LAW CASES
Natt
v Osman
26
November 2014
Three tenants of flats in a building served notice claiming the right to
acquire the freehold. The freeholders said that the notice was invalid
because the attic of the building contained a fourth flat not referred-to
in the notice. The Court of Appeal upheld a decision that the notice was
ineffective because it did not give the name of one of the qualifying
tenants in the property, the address of the flat of that qualifying tenant
and the particulars of that qualifying tenant's lease.
For the judgment, click
here
Greenwich LBC v Tuitt
25
November 2014
The defendant was a secure tenant. Her teenage son, who lived with her,
had engaged in serious anti-social and criminal behaviour in the locality
of her home. On the council’s application for possession, an outright
order was made. The tenant appealed contending that she had not been
responsible personally for any misconduct.
The Court of Appeal upheld the possession order. The judge had
carefully considered what the tenant had (or, more significantly, had not)
done to address her son’s behaviour. The decisions on whether to make a
possession order and whether to suspend it had been correctly made. Noted
on LAWTEL but no transcript yet available.
R(J) v Worcestershire CC
25
November 2014
The claimant was a young disabled child in a family of travelling showmen.
The family spent each winter residing in the council’s area. The council
accepted he was a child in need entitled to services. It said that it had
no power to continue those services once the claimant left its area during
the travelling season. His family would need to secure services in turn
from each council through whose area they moved. The Court of Appeal
upheld a High Court decision that the council did have a power to continue
the provision of services under Children Act 1989 section 17 for children
who had been in, but were now outside, its area.
For the judgment, click
here
Circle 33 Housing Trust v Lawal
24
November 2014
The trust decided that Mr Lawal was no longer occupying his rented home
and it gave notice to quit on the basis he had lost his security of
tenure. In a possession claim,
the judge was satisfied that even if the property was still a home
it was no longer Mr Lawal’s ‘only or principal home’.
An application for permission to appeal against the order, relying
on Article 8, was refused. The trust applied for a warrant. Mr Lawal
applied for a stay, seeking to argue that Article 8 could be raised at the
enforcement stage. That was refused and he appealed. The Court of Appeal
refused to re-open the earlier refusal of permission to appeal even
though, because of Housing Act 1980 section
89, the county court could not defer his eviction for more than 6
weeks at the warrant stage. For
the judgment, click
here
Bank of Ireland v Shah
20
November 2014
The bank obtained a possession order against a mortgage borrower. When it
sought to enforce the order, it found the defendant in occupation. It
applied to the court to add him as second defendant to the possession
claim and obtained a warrant addressed to him and endorsed with a penal
notice. It then carried out an eviction and secured the property. The
defendant broke back in and the bank applied to commit for contempt. The
High Court imposed a three month sentence of imprisonment. Noted on LAWTEL
and WESTLAW but no transcript yet available. For a commentary on the
decision, click
here.
Brent LBC v Hussan Hussain
18
November 2014
The defendant was a private landlord. Without planning permission he
converted a property into nine studio flats. In breach of a planning
enforcement notice he let them out. On a conviction, after trial, the
maximum fine of £20,000 was imposed with costs of £38,422. The judge
also made a confiscation order of £494,314 being the amount of
rent he had received as a result of his offence. The Court of Appeal
dismissed an appeal. Although the fine was the maximum, the lettings had
continued in the face of both knowledge of the breach and warnings of
prosecution. The confiscation order
had been correctly imposed and was proportionate. For the history of the
prosecution, click
here. For the judgment see neutral citation [2014] EWCA Crim 2344.
Boyd v Fortune
11
November 2014
The defendant was a private landlord. The claimant had been one of his
tenants and had obtained a judgment for £1,005 because his deposit had
not been protected. The defendant appealed but failed to attend the appeal
hearing and the appeal was dismissed. He appealed against the dismissal of
his appeal but again failed to attend. The Court of Session refused to
re-open the appeal and dismissed it. For the judgment, click
here.
West Oxfordshire DC v Jaroslaw Piotrowski (Witney Rooms Ltd)
11
November 2014
The defendant was a private landlord. Without obtaining a possession
order, he changed the locks preventing a tenant from accessing his
accommodation and failed to provide a key, despite numerous requests made
by council officers. He was fined £400 with £1,550 costs, £40 victim
surcharge and £350 in compensation for the tenant. For details of the
prosecution, click
here.
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HOUSING
LAW CONSULTATIONS
Receipts
from council housing sales
The
DCLG is consulting on proposed amendments to the regulations governing the
use of receipts arising from the disposal of council housing assets and
use of the receipt arising from such disposals. Closing date: 19
December 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
The
Localism Act 2011: the hollow housing law revolution Chris Bevan [2014]
77 Modern Law Review 964. For details, click
here
Only one London Borough
is acting on a law that helps protect tenants Claudia-Liza
Armah [2014] The Independent, 24 November. To read the
article, click
here
Article
8 and disability discrimination: where are we now? Marina
Sergides and Tessa Buchanan [2014] 18 L. & T. Review 210
Sorting myths from facts over housing cases Jan Luba QC and Sara
Stephens [2014] Legal Action November Issue. To read the article, click
here (subscription only)
The immigration status of residential tenants: the new law Tarnya
Pilgrim [2014] 18 L. & T. Review 228
Recent
developments in housing law
Jan Luba QC and Nic Madge [2014] Legal Action November Issue p37.
To read the article, click
here (subscription only)
Safe from harm? (considering
the position of “property guardians” living in empty properties) Jayne
Atherton [2014] 166 The Adviser, November/December Issue, p17.
What is a “dwelling”? Matt Hutchings and Nicola Margiotta
[2014] 13 November Local Government Lawyer. To read the
article, click
here
Keep it in the family? (considering
the assignment of secure and assured tenancies in social housing to family
members) Kevin Long [2014] 166
The Adviser, November/December Issue, p20.
Charging for discretionary leasehold services Sebastian Clegg [2014]
20 November Local Government Lawyer. To read the article, click
here
Guide and protect? (considering
the impact of consumer protection legislation on letting agencies) Carrie
Kus and Mark Robinson [2014] 166 The Adviser, November/December
Issue, p27.
Tenancy Fraud in Northern Ireland Justin Cartwright [2014] 19
November. CIH Blog. To read the article, click
here
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THE HOUSING LAW DIARY
3 December 2014
Supreme Court to give judgment in Loveridge v Lambeth LBC on damages for unlawful eviction. For the judgment,
click
here. For the Supreme Court summary, click
here.
5 December 2014
Lime Legal's Housing Management Conference 2014: Law & Practice. For
more details click
here
8 December 2014
Third Reading of the Consumer Rights Bill (see above) in the House of Lords
10 December 2014
Supreme Court to hear the appeal in Aster Communities v Akerman-Livingstone (on possession and disability discrimination defences). For details,
click here
15 December 2014
Supreme Court to hear the appeal in Johnson v Solihull MBC (with other appeals on homelessness and vulnerability). For details,
click here
19 December 2014
Closing date of consultation on use of receipts arising from the disposal of council housing assets (see above)
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RECRUITMENT
Vacancy – Housing & Civil Litigation Lawyer/Caseworker with Birmingham Solicitors
Mayflower Solicitors are seeking a Housing & Civil Litigation Lawyer or Caseworker to assist with the development of their Housing Law Team. The firm advises RSLs, Private Landlords and acts for Tenants under its LAA Contract
The successful candidate should possess a good working knowledge and experience of Housing Law and the application of the CPR to this area of legal practice. The role includes court attendances and is a perfect platform to build on advocacy skills. Candidates should be comfortable with managing a growing caseload with limited supervision from the Team’s Lead lawyer and will be expected to assist with business development initiatives across the firm to promote its services in Birmingham.
This role is a strategic position with career development opportunities offering a competitive package to the right candidate.
Please respond by sending your CV with a cover letter to: vacancies@mayflowersolicitors.com
Advertise
your housing jobs at no charge – simply email info@limelegal.co.uk for
more information.
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Legal's Housing Law Week
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