Lime Legal's
Housing Law Week

General Editor: Jan Luba QC

4th November 2015 Update

POLICY ISSUES IN HOUSING LAW

Housing, Equality and Human Rights

On 30 October 2015, the Equality and Human Rights Commission published its statutory five-yearly report on equality and human rights progress in England, Scotland and Wales called Is Britain Fairer? For a copy of the full report, click here  For the specific evidence paper dealing with Adequate Housing, click here

Housing Rights

On 16 October 2015, the United Nations’ Committee on Economic, Social and Cultural Rights asked the UK Government to “provide concrete information on how the current housing policies and welfare reform are contributing to address the housing deficit”. For the request, click here

Social Landlords

On 30 October 2015, the Office for National Statistics made a classification announcement on Private registered providers of social housing in England which re-classifies PRPs as public sector bodies. It follows a review undertaken to establish whether PRPs should continue to be recorded as Private Non-Financial Corporations in ONS economic statistics or if the recording should change following legislative and regulatory changes under the Housing and Regeneration Act 2008 (HRA 2008). The ONS concluded that PRPs are public, market producers and as such they will be reclassified in ONS economic statistics. This classification applies with effect from 22 July 2008; the date of commencement of the HRA 2008. For the announcement, click here For the initial response of the National Housing Federation, click here For the CIH response, click here For media comment, click here

Right to Buy

The Commons Select Committee on Communities & Local Government has published a new research paper on the Right to Buy (RTB):  The Impact of the Existing Right to Buy and the Implications for the Proposed Extension of Right to Buy to Housing Associations. It found that 1.8 million properties in England were bought under the RTB between 1980/81 and 2013/14. The number of dwellings owned by local authorities in England declined from 5.1 million in 1980 to 1.7 million in 2014. The total capital receipts from RTB sales up to 2010/11 amounted to around £45 billion. For the full research paper, click here  At 2.30pm today (Wednesday 4 November 2015) the Committee will take oral evidence on ‘The Housing Association sector and the Right to Buy’. For more detail on the Committee’s inquiry on that issue, click here

Letting Agents

The 2015 Interim Report from the Property Ombudsman contains a useful collection of case studies on complaints against agents in respect of lettings. For a copy, click here

Housing Casework: Issues for MPs

An initiative by the housing lawyers’ organisation HLPA has produced a programme of training and information sessions for caseworkers who are assisting London constituency MPs with housing problems. For the schedule of remaining dates this month, click here

Gas Safety in Housing

On 18 October 2015, the Sunday Times published a news item on the large number of Ministry of Defence homes which have not had an annual gas safety check but are let to service personnel. For the material on which the article was based, click here For the article, click here

Help for Rents through Universal Credit

On 29 October 2015, the Department for Work & Pensions (DWP) invited expressions of interest from social landlords willing to join the Trusted Partner Pilot to help Universal Credit tenants manage their rent. The pilot will test how Universal Credit claimants can be better supported towards managing direct payment of their rent to their social landlord. Expressions of interest must be submitted by noon on Friday 13 November 2015. For more details, click here

Homelessness

The latest statistics for London boroughs show that during July - September 2015 there were 376 people who were deemed to be living on the streets of the capital. For the full figures and commentary, click here
For commentary on the data, click here

Private renting in the UK

On 29 October 2015, the Office for National Statistics published the latest figures on rising rents in the UK. They show that private rents paid by tenants in Great Britain rose by 2.7% in the 12 months to September 2015. They grew by 2.8% in England, 1.6% in Scotland and 0.5% in Wales. They increased in all the English regions over the year to September 2015, with rents increasing the most in London (4.1%). For the full figures, click here

Service Charges in Social Housing

The National Housing Federation has published a 2015 edition of Service charges: a guide for housing associations. The guide supports the planning and delivery of service charges, from strategy and scheme development to consultation and accounting. For purchase details, click here

Housing Work on Legal Aid

From Sunday 1 November 2015, use of the latest versions of Legal Aid Agency (LAA) standard forms became mandatory for legal aid lawyers and advisers. These include new versions of the CIV APP8 on which to seek amendments and the CIV CLAIM 1 by which to claim payment. For the new forms, click here

Finding a Social Housing Lawyer

On 29 October 2015, Chambers & Partners published their latest (2016) directories on solicitors and barristers in the UK. For each profession there is a Social Housing category. To find their rankings for solicitors doing this work, click here  For barristers, click here

Finding a Housing Lawyer/Adviser

The GOV.UK web service provides a dedicated portal to help members of the public find a Housing solicitor or adviser. Results are sorted by geographic location and then by proximity. Click “Housing” under the “Category of Law”. To access the portal, click here Members of the public wanting to go direct to a barrister can use the Advanced Search facility to get the “Housing” category for barristers by clicking here For an updated alphabetical list of solicitors’ firms and advice agencies undertaking legal aid and Housing work, click here

Housing Benefit

So far this year, the DWP has issued a dozen Housing Benefit Adjudication Circulars to local authorities. For the complete collection, click here

Housing Benefit Subsidy

On 9 November 2015, the Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 takes effect. It sets the level of subsidy payable to local authorities in respect of housing benefit which they have paid in the 2014/15 financial year and provides funding for participating authorities to carry out activities with a view to reducing fraud and error in relation to the payment of housing benefit. For the new order, click here  For the explanatory memorandum, click here

Private Renting in Wales

On 22 October 2015, the Minister for Communities and Tackling Poverty announced that the Housing (Wales) Act 2014 provisions relating to private landlords will take effect from 23 November 2015. For the announcement, click here
 

For details of the new scheme, to be known as Rent Smart Wales, click here From 23 November 2015, the Licensing Authority for Wales, Cardiff Council, will have in place the Rent Smart Wales team and the website and helpline will be ‘live’. Landlords who need to register, and landlords and agents who need to become licensed, will be able to register and apply for a licence. They will have 12 months in which to comply with the new legislation. After that, penal sanctions take effect. For the commencement order, click here

Right to Buy in Wales

Book your place now before it’s too late!

ASB & Social Housing Conference 2015
London, Friday 13 November

 This year’s programme in outline:

• Hoarding and ASB
• The Ultimate Sanction: Loss of the Home
• The new “Part 1” ASB Injunctions: 8 months on
• The other Tools in the Toolkit in action
• Gang related ASB
• Dog related ASB
• Q&A session : your chance to ask questions of the experts

A truly exceptional speaker line-up: Jan Luba QC (Garden Court chambers) ♦ Peter Marcus, barrister, Zenith Chambers ♦ Matthew Wilson, Clark Willmott Solicitors ♦ Caroline Cowley, Owen White Solicitors ♦ Michael Owen, Capsticks Solicitors LLP

For this year’s programme in detail and full speaker profiles click here

Click here for the brochure (including order form)

Book here

HOUSING LAWS IN THE PIPELINE

Housing and Planning Bill

This is a UK Government Bill about social and private rented housing, estate agents, rentcharges, planning and compulsory purchase. For a copy of the Bill, which only applies to housing in England, click here  For the Explanatory Notes, click here  To follow the progress of the Bill, click here  The Second Reading of the Bill was scheduled for Monday 2 November 2015. For the House of Commons Library Briefing Paper for Second Reading, click here The official Impact Assessment of the Bill is also now available. For a copy, click here For the CIH briefing on the Bill (members only), click here For the Local Government Association’s briefing, click here  For a summary from Citizens Advice, click here

Welfare Reform and Work Bill

This UK Government Bill makes provision about: (1) the benefit cap; (2) social security and tax credits; (3) loans for mortgage interest; and (4) social housing rents. It has completed all its House of Commons stages and now begins its passage through the House of Lords. For a commentary of the final Commons Stage, click here Second reading is scheduled for Tuesday 10 November 2015 in the Lords.  For the Bill, as amended in the Commons, click here    For the Explanatory Notes for that version of the Bill, click here  To follow the progress of the Bill, click here. For the documents relating to the Bill (including several impact assessments), click here  

Immigration Bill

This UK Government Bill would create four new offences to target those landlords and agents who repeatedly fail to comply with the ‘right-to-rent scheme’ by letting to tenants subject to immigration restrictions or fail to evict tenants who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. For a copy of the Bill, click here  For the Explanatory Notes on Clauses, click here   For the official Impact Assessment, click here  To follow the progress of the Bill, click here The Bill is now completing its Commons Public Bill Committee Stage. For the schedule of evidence received, meeting dates and debates for that Committee, click here

Private Housing (Tenancies) (Scotland) Bill 2015

This is a Government Bill introduced in the Scottish Parliament on 7 October 2015. For a copy of the Bill, the Explanatory Notes and related official documents, click here For the final Business and Regulatory Impact Assessment on the Bill, click here For the Children’s Rights and Wellbeing Impact Assessment on the Bill, click here For the final Equality Impact Assessment for the Bill, click here the Committee considering the Bill has issued a call for written evidence to be submitted by 19 November 2015. For the details, click here

Renting Homes (Wales) Bill
This is a Welsh Government Bill introduced in the Welsh Assembly. For a copy of the Bill, click here For the Explanatory Memorandum, click here To monitor the progress of the Bill, click here The Communities, Equality and Local Government Committee has completed its examination of the Bill and has made 37 recommendations. The Bill has now completed its Committee Stage in the Assembly (Stage 2). Stage 3 commenced on 9 October 2015. Stage 3 consideration will take place in Plenary on 10 November 2015 to consider amendments to the Bill (as amended at Stage 2).

Housing (Amendment) Bill
This is a Bill introduced in the Assembly on 30 June 2015 by the Northern Ireland Executive. It would make provision for the better sharing of information relating to empty homes or to anti-social behaviour and provide for the registration of certain loans as statutory charges. For a copy of the Bill, click here For the explanatory memorandum (listed under ‘All associated documents and links’), click here  For a commentary on the Bill, click here The Bill has been referred to the Committee for Social Development which has responsibility for the Committee Stage of the Bill. For further details of that stage, click here . To read the evidence submitted to the Committee, click here To follow progress of the Bill, click here

Houses in Multiple Occupation Bill

This is a Bill introduced in the Assembly on 7 September 2015 by the Northern Ireland Executive.  It would make provision for and in connection with the licensing of houses in multiple occupation in Northern Ireland. For a copy of the Bill, click here For the explanatory memorandum, click here  To follow the progress of the Bill, click here

Homes (Fitness for Human Habitation) Bill

This is a Private Members Bill introduced by Karen Buck MP. It would amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. For a copy of the Bill, click here   It had its Second Reading on 16 October 2015 but was talked-out. For the debate, click here For details on the (unlikely) future progress of the Bill, click here For a lawyer’s commentary on its content, click here For the Shelter Blog on the Bill and its importance, click here For a commentary from Dr Stephen Battersby, click here For the House of Commons Library Briefing on the Bill, click here

Local Government Finance (Tenure Information) Bill

This is a Private Members Bill introduced by Dame Angela Watkinson MP. It would amend the Local Government Finance Act 1992 to make provision for collecting information about tenure and the details of private landlords. For a copy of the Bill, click here

It had a First Reading on 24 June 2015 and its Second Reading was re-scheduled for 2 November 2015. For details on the progress of the Bill, click here

Crown Tenancies Bill

NEW HOUSING CASES

Jewelcraft Ltd v Pressland

29 October 2015

The tenant held a 99 year lease of premises consisting of a ground floor purpose-built shop with residential accommodation on the floor above. The tenant sought to exercise the right to enfranchise the lease which was available if the building was a "house". That “includes any building designed or adapted for living in and reasonably so called”: Leasehold Reform Act 1967 section 2(1). A judge held that the building was not a house. The Court of Appeal reversed that decision. There was no warrant for distinguishing between similar types of building solely on the basis of their external appearance or their internal layout. For the judgment, click here

Reading Council v Hafiz Mohammed Gulfraz

28 October 2015

The defendant was a private landlord. Officers found a number of health and safety hazards at his property including excess cold due to the gas central heating system being disconnected on one of the coldest weeks of the year. They decided there was an imminent risk of harm if the tenants were to remain living in the property and an emergency Prohibition Order was served. In addition, the property had not been licensed as a house in multiple occupation, even though there were five tenants living there. The defendant was charged with 12 offences including failing to ensure that the fire alarm and emergency lighting were maintained in good working order and intentionally depriving tenants of heat and light supply. The defendant pleaded guilty to having control of a house in multiple occupation without a licence, breach of an emergency prohibition order, and intentionally disrupting the gas and electricity supply to the property as well as other safety breaches. He was fined £20,000 with £3,343 costs and a victim surcharge of £120. For details of the prosecution, click here

Samuels v Birmingham City Council

27 October 2015

Ms Samuels had been an assured shorthold tenant. Her rent was £700pm. She received housing benefit of £548.51pm, leaving a shortfall of £151.49pm.  She fell into rent arrears, as a result of which she was given notice to leave. When she applied as homeless, the council decided that she had become homeless intentionally. It considered that her property had been reasonable for her to continue to occupy. It had been affordable. The loss of it was the result of her deliberate act in failing to pay the shortfall. A judge dismissed her appeal. The Court of Appeal dismissed a second appeal. The reviewing officer had not erred in taking account of other benefits and tax credits that Ms Samuels was receiving when determining whether she could afford the rent. For the judgment, click here

Swindon Council v Javaid Lone

23 October 2015

The defendant had converted adjoining houses into a single property with multiple bed-sitting rooms, shared kitchens and bathrooms. He allowed at least 15 tenants to rent rooms in the property. He even moved one tenant into a converted bathroom while putting up an illegal  structure in the living room to provide yet another bedroom. A council inspection discovered a string of problems including failure to provide adequate fire exits, covered smoke alarms, dangerous electrical wiring and unhygienic communal spaces. At Swindon Magistrates' Court, the defendant pleaded guilty to 13 breaches of housing regulations. He was fined £16,650 with £1,500 costs. For details of the prosecution, click here

CE v Maldon District Council

20 October 2015

The claimant rented a house from her son. She had been in a hospice and had been discharged to her new home at the house with a full care package for end of life care. The council decided that housing benefit could not be paid because the tenancy was a non-commercial arrangement. That decision was upheld on appeal by a first-tier tribunal. The Upper Tribunal allowed an appeal and remitted the case for reconsideration. The judge said that “a letting may still be commercial even if it is one that the landlord would only contemplate with a relative or close friend.”   For the judgment, click here

Hillingdon Council v Darshan Kingra

19 October 2015

The defendant was a private landlady. The council's private sector housing team had prosecuted her in May 2011 for operating an unfit house in multiple occupation. She was later prosecuted again for breaching planning legislation. After failing to comply with two planning enforcement notices, she was found guilty in May 2015, resulting in a fine of £7,500 with costs of £2,500. Following the prosecution, she still failed to demolish the illegal ‘bed-in-shed’ on her property. The council's planning enforcement team took action to demolish it on 19 October 2015. For details of the council’s action, click here

CB v Manchester City Council and the Secretary of State for Work and Pensions

15 October 2015

The claimant was a council tenant on housing benefit. Refurbishment work converted his home from a one bedroom flat into a two bedroom flat. The council agreed: (1) that he should continue to pay the rent assessed on a one bedroom basis; and (2) it would make-up any shortfall in his benefit caused by the ‘bedroom tax’. His housing benefit was reduced on the basis that he had a spare bedroom. An appeal was dismissed by the first-tier tribunal. A further appeal to the Upper Tribunal was dismissed because no error of law had been made. For the judgment, click here

Gloucester City Council v Asif Cassim

12 October 2015

The defendant was a private landlord. He was served with a Prohibition Order preventing his property from being let to anyone due to its dangerous condition. He was prosecuted for continuing to let the property. At Cheltenham Magistrates, he was ordered to pay fines totalling £1140. For more details, click here

Leicester City Council v Vincent and Jennifer Powdrill

9 October 2015

The council was satisfied that the defendants were running an unauthorised car repair business from their house, causing nuisance and annoyance to other residents. In 2013, it obtained an injunction to prevent the business continuing. The council claimed that the injunction had been breached. At Leicester County Court, both defendants admitted 24 separate breaches over an 18-month period. Mr Powdrill was given a three-month prison sentence, suspended for 12 months. The injunction was continued and the couple were ordered to pay costs of £6000. For details of the council’s action, click here
 

BR v VT

2 October 2015

The matrimonial home of a formerly wealthy couple was held in the husband’s sole name. They separated. He moved out. He then applied for an order that would have the effect of terminating his wife’s occupation rights so that he could sell with vacant possession. He asked that the order be made on an interim basis, pending settlement of the ancillary relief proceedings. The judge made the orders and said “There is no alternative but that the home must be sold as soon as possible, and for this purpose the wife's home rights must be terminated. Only in this way can the pressing debts, most importantly to HMRC, be paid and the revenue deficit eliminated. The future housing of the parties will have to be in rented accommodation. I have seen particulars of 3 bedroom flats in reasonable areas costing around £2,500 per month. The husband's net income is just sufficient to pay for two flats as well as to pay the school fees and to support himself, the wife and the children. The effect of my order is to impose financial sanity on this family. That is needed for the health, safety and well-being of the parties and their children as the alternative is insolvency with all the psychological damage that that entails”. For the judgment, click here

Liverpool City Council v NM and WD

24 September 2015

 
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HOUSING LAW CONSULTATIONS   

Renting Social Housing
On 9 October 2015, the UK Government launched a consultation on two features of its proposals for higher income tenants in social housing to pay market rents (the ‘pay to stay’ policy). Firstly, it proposes a system of ‘tapers’ that would tie rent levels more closely to income. Secondly, it asks for views on the potential administration costs. For the consultation paper, click here Responses are due by 20 November 2015.

Rentcharges
On 21 October 2015, the UK Government launched a consultation on the formula for calculating rentcharges and the value of minor superior tenancies and leasehold interests (for the purposes of lease renewals and enfranchisement). For the consultation paper, click here  Responses are due by today, 4 November 2015.

NEW HOUSING LAW ARTICLES & PUBLICATIONS

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2015] November issue of Legal Action magazine. Available in print and on-line for Legal Action subscribers. To read the article on-line, click here  For back-issues of this series of articles, click here

Government plans to scrap lifetime security of tenure for social housing tenants Jon Stone [2015] The Independent 29 October. To read the article, click here

Case study: client saved from eviction Anne Killeen [2015] Z2K Blog 22 October. To read the article, click here

Panacean Payments: The Role of Discretionary Housing Payments in the Welfare Reform Agenda Jed Meers (forthcoming in the Journal of Social Security Law). To read the article, click here

Dozens of migrant workers found living in 'Dickensian' conditions in east London Laura Proto [2015] London Evening Standard 20 October. To read the article, click here

How do I go about complaining about my landlord? Sara Stephens [2015] Anthony Gold Blog 23 October. To watch the presentation, click here

Housing associations are seeing tenants move from exclusion to real poverty Kim Thomas [2015] Guardian Housing Network 27 October. To read the article, click here

Social housing: future, what future? Kate Webb [2015] Shelter Housing Policy Blog 30 October. To read the article, click here

When can I serve a valid s21 notice? Giles Peaker [2015] Anthony Gold Blog 21 October. To watch the presentation, click here

Soaring cost of renting means a third of people ‘want to leave London' Pippa Crerar [2015] London Evening Standard 22 October. To read the article, click here

Housing associations can help keep refugees off the streets John Perry [2015] Guardian Housing Network 29 October. To read the article, click here

This cowboy job is no way to fix our housing crisis Rowan Moore [2015] Guardian Housing 25 October. To read the article, click here

The Benefit Cap: hurting homeless families Kevin Garvey [2015] Shelter Housing Policy Blog 23 October. To read the article, click here

The new housing and planning bill is a disaster for affordable homes John Healey MP [2015] Guardian Housing 1 November. To read the article, click here

New Lords showdown over right-to-buy threat to rural areas Henry Zeffman and Toby Helm [2015] Observer 31 October. To read the article, click here

Councils strike deal on out-of-London homeless moves Heather Spurr [2015] Inside Housing 26 October. To read the article, click here

This move into the public sector could signal the end for housing associations Colin Wiles [2015] Guardian Housing Network 30 October. To read the article, click here

'I felt out of control with my finances, stuck at home having panic attacks' (budgeting difficulties for social housing tenants)  Louise Tickle [2015] Guardian Housing Network 28 October. To read the article, click here

What do home businesses mean for landlords? Elizabeth Dwomoh and Richard Hayes [2015] Solicitors Journal 27 October. To read the article, click here

Arnold v Britton and commercial common sense John De Waal [2015] Solicitors Journal 27 October. To read the article, click here

The highs and lows of shared ownership Roberta Organ [2015] Solicitors Journal 27 October. To read the article, click here

THE HOUSING LAW DIARY

RECRUITMENT

Vacancy for Housing Solicitor / Case worker

Moss & Co Solicitors 17 Lower Clapton Road London E5 0NS has a vacancy for a Housing Solicitor/Case worker

Requirements:  Applicants must have at least one year’s experience of Legal Aid Housing work.  This is a permanent position working in our Social Welfare Law Department.  

The successful applicant will already have experience of defending possession proceedings, be familiar with the law and procedure in respect of homelessness and disrepair as well as unlawful evictions..

A working familiarity with the Legal Aid Agencies on line CCMS   would be an advantage.

We have established a reputation for excellence in housing work for over 20 years. The successful applicant will be expected to maintain consistently high standards in their work and to show commitment to our tenant based housing law practice.

Apply to: Narinder Moss narinder.moss@mosslaw.co.uk with your CV.  Please give specific details of your legal aid housing law experience.

Telephone: 0208 986 8336.

Moss & Co. is an equal opportunities employer.

Salary:  According to relevant Housing Law experience.

Closing date: 5^th November 2015.

Housing Solicitors/Caseworkers

Edwards Duthie is a large, well respected firm with a number of offices in East London and Essex.  Named in the Legal 500, we have a diverse range of both privately and publicly funded work including Commercial Property, Personal Injury, Private Client, Family, Mental Health, Employment, Crime and Social Welfare.   This year our Legal Aid Departments are proud to have been shortlisted for a Legal Aid Lawyer of the Year Award (LALY) in the Legal Aid Firm/Not for Profit Agency of the year category.

Our Community Law Team has expertise in all areas of social welfare law, including housing & debt, welfare benefits, community care and mental health.  The team has a particularly strong reputation for housing law The team holds Housing Possession Court Duty Scheme contracts with the Legal Aid Agency at Bow, Edmonton and Romford County Courts.

We now wish to recruit experienced housing caseworkers or solicitors to join our Community Law Team.  Successful applicants will have a sound knowledge of housing law and litigation and ideally will have experience of acting as a duty advisor under the LAA’s Housing Possession Court Duty Schemes.

We have dedicated Human Resources, IT and Facilities Teams to develop and support all of our legal teams. 

Salary according to experience. 

Applications by CV and covering letter to Coral Joyce, Human Resources Manager, at Bank House, 269-275 Cranbrook Road, Ilford IG1 4TG or by email to coral.joyce@edwardsduthie.com

No Agencies please.

Vacancy for Housing Options Officer with Three Rivers District Council

Housing Needs, Community Services Department

Part Time 16 to 21 Hours per week
Salary: £25,440 to £29,558 plus £824 Fringe Weighting allowance p.a. (pro-rata)

Three Rivers District Council is looking to recruit an enthusiastic professional to join the Housing Needs team providing housing advice to customers, preventing homelessness and as required making decisions under the homelessness legislation for customers approaching our Housing Needs service.

The successful candidate would be expected to manage their own case load, attend multi-agency meetings and take part in duty support. This will involve taking face to face and telephone enquires, managing customers’ expectations and assisting the housing allocation team when required. There is also a need to have a working knowledge of part VI and VII of the Housing Act 1996, as amended.

For further details and to download an application pack click here
(please note CV’s will not be accepted.)

For an informal discussion please contact Hannah Morris on 01923 776611

Applicants selected for an interview will normally be notified within one month of the closing date, and invited for an interview. Unfortunately, due to the administrative costs involved, it will not be possible to notify those not selected for interview.

Closing Date: Sunday 15^th November 2015 at midnight.

ARE YOU RECRUITING?

If so, make sure your recruitment opportunities come to the attention of outstanding candidates – FREE

Take advantage of the Housing Law Week free Recruitment service.
Email details of your vacancies (including the closing date for applications) to info@limelegal.co.uk  or call us on 01249 701555.

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