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HOUSING LAW NEWS
Policy
Issues in Housing Law
Assured tenants
On 9 March 2015, the Secretary of State made the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015. They take effect on 6 April 2015 and introduce new forms for use with assured tenancies relating to rent increases, possession claims and the like. For a copy of the regulations and the new forms, click here
Tackling rogue private landlords
On 13 March 2015, the UK Government published a response to the outcome of its consultation on measures to tackle poor housing conditions in the private rented sector. For a copy of the response, click here. For new Government guidance issued on the same day to local authority housing officers, on how to tackle poor and illegal practices by landlords and letting agents, click here
Anti-social behaviour and housing (1)
On Monday 23 March 2015, the new injunction provisions in Part 1 of the Anti-social Behaviour etc Act 2014 (which replace ASBOs and ASBIs) will come into force. For those defending injunction applications, the Legal Aid Agency has produced a new training tool explaining the new legal aid rules that will apply. To access that training, click here
Anti-social behaviour and housing (2)
In a statement to the House of Commons on 10 March 2015, the Secretary of State for Communities and Local Government reported on progress with the UK Government’s Troubled Families Programme. He reported that “more than 105,000 families have had their lives turned around, and the programme still has three months left to run.” For the statement, click here For the associated press release, click here For the statistical data, click here
Anti-social behaviour and housing (3)
The UK Government has published its annual report on action taken to tackle gang and youth violence, including the impending changes to the rules on gang injunction. For a copy of the report, click here
Private renting (1)
Heavier financial penalties on criminal landlords can now be expected from magistrates’ court prosecutions for housing offences. On 12 March 2015, section 85 of the Legal Aid, Sentencing & Prosecution of Offenders (LASPO) Act 2012 was brought into force, removing the upper limit on all current fines and maximum fines of £5,000 and above in the magistrates’ courts. That includes, for example, harassment (without violence) and failure to comply with an improvement notice. For the UK Government announcement of the change, click here
Private renting (2)
On 11 March 2015, the Minister for Housing announced that new regulations will be laid in Parliament to require landlords to install smoke and carbon monoxide alarms in their properties. They are expected to come into force, subject to Parliamentary approval, on 10 October 2015. The allocation of funding to fire and rescue authorities to offer free smoke and carbon monoxide alarms to local landlords will be announced shortly. For the ministerial statement, click here For the Shelter commentary, click here
Private renting (3)
On 12 March 2015, the Minister for Housing announced new regulations that would mean that any council in England wanting to introduce a landlord licensing scheme covering more than 20% of its area, or 20% of local privately rented homes, would need to get permission from the Communities Secretary. All applications for schemes above that threshold would be assessed on a case by case basis, balancing the interests and views of all parties. For the announcement, click here
For a commentary on the new draft regulations, click here For the House of Commons Library briefing note, explaining the history and operation of selective licensing schemes, click here
Warmer rented homes
The UK Government has published a draft of the Energy Efficiency (Domestic Private Rented Property) Order 2015 which will impose additional obligations on landlords who are renting property. For the draft order, click here For the draft explanatory memorandum, click here
Access to advice on housing
The Justice Select Committee of the House of Commons has published the report of its inquiry into the impact of the Legal Aid etc (LASPO) Act 2012 on access to legal aid for civil cases, including housing disputes. For a copy, click here For the Committee Chair’s comments on the report, click here Many people with housing problems raise them in constituency surgeries with their MPs. A new guide, produced by the House of Commons Library, helps MPs to answer them. The guide provides a general introduction to the main housing problems. For a copy, click here
Social housing allocation (England)
The UK Government has published its plans to amend the rules on social housing allocation, to encourage greater mobility among council and housing association tenants. That follows an earlier consultation exercise. It will generate new regulations and new statutory guidance for England by the end of this month. For the statement of the Government’s plans, click here A helpful new free briefing paper from the House of Commons Library reviews the law, facts and issues on social housing allocation in England. For a copy click here
Homelessness
On 12 March 2015, the Department of Health announced a £55 million fund to upgrade existing accommodation for the single homeless and to provide new low-rent shared accommodation. £25 million is available for accommodation outside London and £30 million in London (£15 million from the Department of Health and £15 million from the Greater London Authority). For the announcement, click here For the prospectus and bidding arrangements, click here
Discretionary housing payments
On 9 March 2015, the Minister for Disabled People told the House of Commons that in relation to Discretionary Housing Payments (DHPs) “Last year, two thirds of local authorities did not spend all the money that the Government allocated to them. If the money is not spent, it returns to central Government and to whence it came—that is, to the taxpayer.” For the relevant exchanges, click here The House of Commons Library has published a new briefing note which explains the funding position on DHPs and considers evidence (to date) on how they are allocated. For a copy, click here
Housing benefit
On 11 March 2015, the latest official data on HB overpayment and fraud were released. For the figures in the Housing Benefit Recoveries and Fraud National Statistics, click here On 13 March 2015, the UK Government published the Housing Benefit subsidy guidance manual 2014 to 2015. It explains the subsidies DWP pays councils for certain costs of the Housing Benefit scheme. For a copy, click here For the March 2015 issue of the DWP’s Housing Benefit Direct (issue 157), click here
Housing statistics
The House of Commons Library has published a useful list of sources of statistical data on housing. For a copy of the list, click here
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Housing
Laws in the Pipeline
Housing Ombudsman (Power to Settle Disputes between Neighbours and Tenants)
This new Private Members Bill was introduced in the House of Commons on 3 March 2015. It would provide a discretionary power to enable the Housing Ombudsman to attempt to resolve disputes between occupants of neighbouring properties in cases where nuisance is caused by tenants. For the initial debate on the Bill, click here A second reading has been scheduled for 27 March 2015. To follow the Bill’s progress, click here
Household Safety (Carbon Monoxide Detectors) Bill
This Private Members Bill would introduce a requirement that a functioning carbon monoxide detector be installed in all newly built and all rented residential properties. A second reading has been put back to 27 March 2015. For a copy of the Bill, click here For details of the progress of the Bill, click here
Private Rented Sector (Decent Homes Standard) Bill
This Private Members Bill would require private landlords to ensure that any property they let meets the requirements of the Decent Homes Standard. It is moved by Conservative MP Laura Sandys. For her description of the Bill’s proposals, click here For the debate on its introduction, click here For more details of the Bill itself, click here The Second Reading had been scheduled for Friday 6 March 2015.
Carers Bedroom Entitlement (Social Housing Sector) Bill
This Private Members Bill will now have its second reading debate on 27 March 2015. It would provide that people in receipt of Universal Credit and Housing Benefit and accommodated in the social housing sector should be entitled to an additional bedroom related to caring responsibilities or overnight care. For a copy of the Bill, click here For more details of the progress of the Bill, 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. For more details about the bill and its progress, click here The bill has completed its House of Lords stages and the final consideration of Lords Amendments by the House of Commons took place on 9 March 2015. Royal Assent is expected shortly. The Act is then expected to come into force in October 2015. The UK Government is consulting on the draft guidance it proposes to issue on the new unfair terms provisions. For the consultation papers, click here
Deregulation Bill
This is a UK 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. It was scheduled for further and final consideration in the Lords on 16 March 2015. For more details about the bill and its progress, click here For the Government amendments passed on 11 February 2015 inserting provisions relating to retaliatory eviction into the Bill (and to achieve the other changes described above), click here For the Bill as it appears with the amendments included, 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 There is a consultation exercise associated with the content of the Bill, see below. |
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NEW
HOUSING LAW CASES
Aster Communities Ltd v Akerman-Livingstone
11 March 2015
The claimant housing association provided temporary accommodation for a disabled man who was homeless. However, his disabilities prevented him from engaging properly with the process of obtaining alternative housing. When the association brought a possession claim, he lodged a defence contending that evicting him was an act of disability discrimination. The Supreme Court held that his defence should have been considered at a trial and gave guidance on the handling of claims against disabled tenants and defences to them. For the judgment, click here For an official summary, click here
Brent LBC v Tarrek Aslam and Saira Aslam
10 March 2015
The defendants were the private landlords of a house. Council officers found that it was in an ‘appalling state of disrepair' with issues including: persistent leaks from the bathroom; windows in need of repair; a collapsed ceiling; and severe damp and mould growth. An improvement notice was served, under Housing Act 2004 sections 11 and 12, but was not complied with. At Willesden Magistrates' Court, the defendants were convicted of non-compliance and were ordered to pay a total of £5,260 in fines and costs. For details of the prosecution, click here
Uddin v Islington LBC
10 March 2015
In a disrepair claim, the council had been held liable in damages for breach of its repairing obligations in respect of a ground floor flat. The structure had been damaged by rising damp. The council appealed. The Court of Appeal held that the judge was entitled to find that, whether or not a damp-proof course had previously been inserted, there was a duty to repair the structure. The existence of damp indicated a failure to repair. The judgment is noted on LAWTEL but not yet fully reported.
R (Mahoney) v Secretary of State for Communities and Local Government
9 March 2015
The claimants lived in caravans. When required to leave them, they would normally have received home loss payments. But the Land Compensation Act 1973 section 33(2) precludes the making of a home loss payment to a caravan dweller, unless no suitable alternative site is available on reasonable terms. The High Court dismissed a claim that this additional requirement was discriminatory and incompatible with article 14 of the European Convention on Human Rights, read together with article 8 and article 1 of the First Protocol. For the judgment, click here
Jones v Canal And River Trust
6 March 2015
Mr Jones was a canal boat owner who lived on his boat. The Trust brought a claim to remove the boat from its canal. A judge struck-out a defence based on Article 8 (right to respect for a home). The High Court dismissed an appeal against that ruling. For the judgment, click here
Davis Solicitors LLP v Raja & Anor
5 March 2015
The claimant solicitors acted for the defendants in a disrepair case and sued to recover their fees. The defendants counterclaimed, alleging breach of duty of care and negligence by the claimant. The counterclaim was resisted. A judge gave the defendants judgment for £21,613. The claimant solicitors lodged an appeal but it was struck out for non-compliance with directions. The solicitors applied for relief from that sanction but were unsuccessful. The High Court dismissed their appeal. For the judgment, click here
Brent LBC v Khetani and Patel
3 March 2015
The defendants bought a house in the council’s area. Without planning consent, they converted it into five flats for letting. The council served an enforcement notice requiring works to return the property to single use, but the defendants failed to comply. At Willesden Magistrates’ Court, they were fined £6,000 each and ordered to pay £613 each towards the council's costs. If they do not comply with the notice, further penalties may follow. For details of the prosecution, click here
Hammersmith & Fulham Council v Kathryn Dow
13 February 2015
The defendant was a private landlady. Her tenants returned home to find that she had removed their belongings and changed the locks. She claimed there had been a carbon monoxide leak and that she had booked the tenants into a hotel. No such leak was found. It was later discovered that she had booked the tenants’ belongings into a self-storage facility before the date of the claimed leak. Two days after the locks were changed, new tenants were moved in. At City of London Magistrates’ Court the defendant was found guilty of illegal eviction and given a six-month prison sentence, suspended for two years, with £10,794 in costs and compensation. In a separate civil claim against Ms Dow, heard at West London County Court, one of the original tenants was also awarded £13,970 damages towards their lost deposits, interest and court costs. For details of the prosecution, click here
Ranza v Northern Ireland Housing Executive
13 February 2015
The applicant wanted to appeal to the county court about a homelessness decision. Her appeal was lodged three days out of time. She applied for an extension of time. That was refused. On her appeal against that refusal, the High Court held that her personal circumstances (which led to delays as she attempted to obtain legal advice and to complete legal aid forms), the difficulties encountered in obtaining legal advice from a charitable organisation, and the need to obtain legal aid were all individually and/or cumulatively good reasons for the late appeal. It allowed an appeal and exercised its discretion to extend time. For the judgment, click here
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