5th October 2016
 
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HOUSING LAW NEWS & POLICY ISSUES

Homelessness – latest statistics
On 28 September 2016 the DCLG released the latest homelessness statistics for England relating to the period of April to June 2016. The figures show that local authorities accepted 15,170 households as being statutorily homeless, up 3% on the previous quarter and 10% on the same quarter of last year. This is the highest number for a quarter since 2008. The rise in acceptances from 2010 onwards has largely been a consequence of households having lost their home as a result of the ending of an assured shorthold tenancy. The total number of households in temporary accommodation on 30 June 2016 was 73,120, up 9% on a year earlier, and up 52% on the low of 48,010 on 31 December 2010. For the latest figures, click here For detailed tables including statistics for individual local authorities, click here

Homelessness figures – responses
On 28 September 2016 the Local Government Association responded to the homelessness figures, saying: “"As a third of new homelessness cases now emerge from a private tenancy ending, homes for affordable and social rent are crucial to keep rents low and prevent homelessness. However, the availability of social rented council housing has halved since 1994, dropping from 3.6 million properties to 1.6 million properties in 2016. That is why giving councils the powers and funding to resume their historic role as a major builder of affordable homes is also vital to end homelessness." For the full press release, click here The Chartered Institute of Housing described the figures as ‘deeply worrying’. For the CIH press release, click here Crisis called for support for the Homelessness Reduction Bill (see Housing Laws in the Pipeline) which it called an ‘historic opportunity’ to reduce the need for people to be re-housed. For that press release, click here

Buy to let – lending requirements

On 29 September 2016 the Prudential Regulation Authority, that part of the Bank of England which supervises banks and other lenders, outlined minimum expectations that firms should meet in underwriting buy-to-let mortgages. The announcement follows a review of the buy-to-let market in 2015/2016. The PRA’s actions are intended to bring all lenders up to prevailing market standards and guard against any slipping of underwriting standards during a period in which firms’ growth plans could be challenged by the changing economic landscape and the impact of forthcoming tax changes. To read the announcement, click here

Help to Buy mortgage guarantee – scheme to close
On 29 September 2016 the Chancellor of the Exchequer, Philip Hammond, announced that the government’s help-to-buy mortgage guarantee scheme will be closed by the end of the year. In a letter to the Governor of the Bank of England, the Chancellor said that the scheme had a specific purpose that had now been achieved. For The Guardian’s coverage of the news, click here For the Chancellor’s letter, click here

Help to Buy mortgage guarantee – latest statistics
On 29 September 2016 HM Treasury announced that since the Help to Buy mortgage guarantee scheme launched in October 2013, 86,341 mortgages have been completed with the support of the scheme. Of these, 79% were purchases by first time buyers. Compared to total mortgage completions in each region, the scheme is supporting a higher proportion of mortgages in the North West and Scotland, and a lower proportion in London. For the latest quarter’s statistics, click here For the government’s press release accompanying the publication of the Help to Buy statistics, click here

Help to Buy ISA – latest statistics

On 29 September 2016 HM Treasury announced that since the Help to Buy ISA launched in December 2015, 11,051 property completions have been supported by the scheme. 15,513 bonuses have been paid through the scheme with an average bonus value of £479. The highest proportion of property completions with the support of the scheme is in the North West, Yorkshire and the Humber and East Midlands, with a lower proportion in the North East and Northern Ireland. For the latest quarter’s statistics, click here

Help to Buy equity loan scheme – latest statistics
On 29 September 206 the DCLG published the latest quarterly release of breakdowns of cumulative sales under the Help to Buy (equity loan) scheme. Between April 2013 (when the scheme launched) and 30 June 2016, 91,759 property purchases were legally completed with the support of the scheme. The majority of sales were to first-time buyers (74,025 representing 81% of total sales). For the latest quarter’s statistics, click here

Help to Buy Wales: shared equity loan scheme – latest statistics
On 28 September 2016 the Welsh Government published statistics for the period between 1 April and 30 June 2016, showing that 568 property purchases were completed using a shared equity loan under this scheme. This brings the total number of purchases under the scheme since its introduction on 2 January 2014 to 3,655. For the latest quarter’s statistics, click here

Supported housing
On 28 September 2016 the House of Commons Library published a briefing paper explaining the impact of the government's policy of requiring rent reductions, and also the application of Local Housing Allowance caps, on the supported housing sector. The sector has argued that the measures threaten its viability. On 15 September 2016 the Government announced that LHA caps will apply in 2019/20. For the briefing, click here

Pay to stay

The Housing and Planning Act 2016 (Commencement No 3) Regulations 2016 brought into force on 1 October 2016 various provisions of the Housing and Planning Act 2016. Regulation 2(a) brought into force Chapter 3 of Part 4 of the Act which makes provision relating to rents for high income social tenants of local housing authorities (sections 80 to 87) and private registered providers of social housing (sections 89 and 90) (the ‘pay to stay’ provisions). Section 91 provides for the interpretation of Chapter 3 of Part 4. Regulation 2(b) brought into force various provisions of the Acquisition of Land Act 1981. For the commencement order, click here For the statute, click here

Mobile homes – Wales

The Mobile Homes (Wales) Act 2013 (Consequential Provisions) Order 2016 comes into force on 31 October 2016. It makes consequential amendments in relation to the Mobile Homes (Wales) Act 2013. For the order, click here For the statute, click here

Private renting – Scotland

The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No 1) Regulations 2016 come into force on 31 October 2016 for the limited purpose of making regulations under the 2016 Act. For the commencement order, click here For the statute, click here

Housing Benefit
On 3 October 2016 the Department for Work and Pensions published the latest issue of its HB Direct newsletter (issue 171) providing latest information on policy changes, good practice and initiatives that affect Housing Benefit, including an update to the Housing Benefit Review Good Practice Guide. To access the newsletter, click here

Housing litigation and legal aid
On 29 September 2016 the Ministry of Justice published legal aid statistics which show that for the period of July 2015 to June 2016 the legal aid expenditure for civil non-family work totalled £143 million of which £30 million related to housing cases. There were during that period 137,000 civil, non-family cases/certificates of which 44,000 related to housing law (these figures exclude housing possession court duty scheme and telephone operator service volumes and expenditure). To access the legal aid statistics, click here

Affordable homes – research published

On 2 October 2016 a coalition of housing organisations published research by City consultancy Capital Economics which stated that building 100,000 social rent homes a year would save the country billions of pounds irrespective of what might happen to the economy post-Brexit. To download the associated press release, click here

Private renting licensing scheme – Brent
On 3 October 2016 Brent Council launched a consultation as to whether it should extend its selective licensing scheme for private rental properties to all parts of the borough. To access the consultation documents, click here

Gypsies and travellers – Wales
On 29 September 2016 the Welsh Government published the results of its biannual count of Gypsies and Travellers. There were 994 Gypsy and Traveller caravans reported in Wales on 14 July 2016. There were 118 sites across Wales. Comparing the July 2015 and July 2016 count, the number of caravans has increased by 1 per cent (5 caravans) on authorised sites. For further details, click here

Housing registers – Wales
On 3 October 2016 the Welsh Government published a short piece of research regarding the use of 'Accessible Housing Registers' and 'Common Housing Registers' in local authorities. 76% of local authorities have a Common Housing Register. 81% of the 21 local authorities responding to the survey reported having an Accessible Housing Register whilst only 19% reported not having one. To access the research, click here

Joint shared ownership guidance
On 30 September 2016 the Homes and Communities Agency, the Council of Mortgage Lenders and the National Housing Federation published guidance setting out the requirements and procedures that providers of grant-funded Help to Buy: Shared Ownership must conform to. To access the guidance, click here

Allocation of housing – eligibility
On 3 October 2016 the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 were laid before Parliament and will come into force on 30 October 2016. The new regulations amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 which make provision for which persons from abroad will be ineligible or eligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 and for housing assistance under Part 7 of the Act. For the amending regulations, click here For the 2006 regulations click here

Rent Smart Wales
On 28 September 2016 the Welsh Government reported that it had seen a surge in applications for its Rent Smart Wales scheme. It has reminded landlords they face prosecution if they have not registered with the scheme by 23 November 2016. Previously the Residential Landlords Association had said that only 3% of landlords had been issued with a licence. For more details, click here

Private rented sector
On 3 October 2016 the Residential Landlords Association reported that two-thirds of almost 3,000 members surveyed said that they were planning to increase rents to cope with increased taxes on the sector. The same proportion say that they are not planning to purchase any further properties. To read the results of the survey, click here

Housebuilding – Conservative proposals
On 3 October 2016 Sajid Javid, Secretary of State for Communities and Local Government, told the Annual Conservative Party Conference that the government would borrow £2bn to support an "Accelerated Construction" scheme, in order to have houses built on publicly-owned "brownfield" land available for swift development. He added that there would be a £3bn Home Building Fund to provide loans to stimulate projects. For the government’s official announcement, please click here For the BBC News coverage of the speech, click here For the Local Government Association’s response, click here

HOUSING LAWS IN THE PIPELINE

Renters’ Rights Bill
This is a Private Members’ Bill introduced in the House of Lords by Baroness Grender which seeks to provide tenants and prospective tenants with certain rights, including affording access to a local housing authority’s database of rogue landlords, ending certain letting fees and providing for certain mandatory electrical safety checks. The Bill had its Second Reading on 10 June 2016 and will enter the Committee stage on a date to be announced. For the Bill as introduced, click here To read debates at all stages of the Bill’s passage, click here For progress of the Bill, click here

Crown Tenancies Bill

This is a Private Members’ Bill introduced in the House of Commons by Wendy Morton which seeks to provide that ​Crown tenancies may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions; to modify the assured tenancies regime in relation to certain Crown tenancies; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 16 December 2016. For progress of the Bill, click here

Homelessness Reduction Bill

This is a Private Members’ Bill introduced in the House of Commons by Bob Blackman which seeks to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 28 October 2016. For progress of the Bill, click here For a record of proceedings, click here The House of Commons Select Committee for Communities and Local Government has been holding a pre-legislative inquiry into the Bill: for more information, click here  On 14 September 2016 the Local Government Association published a response to the proposed legislation stating that it will not work; for the LGA press release, click here

Housing (Tenants' Rights) Bill
This is a Private Members’ Bill introduced by Caroline Lucas which seeks to establish a Living Rent Commission to conduct research into, and provide proposals for, reducing rent levels in the private rented sector and improving terms and conditions for tenants; to require the Secretary of State to report the recommendations of the Commission to Parliament; to introduce measures to promote long-term tenancies; to establish a mandatory national register of ​landlords and lettings agents; to prohibit the charging of letting or management agent fees to tenants; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 20 January 2017. For progress of the Bill, click here

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HOUSING LAW CONSULTATIONS

Law Commission reform programme
The Law Commission has opened the consultation for its 13th Programme of law reform. The responses received will inform the majority of the Law Commission’s work from 2017 to 2020. The Commission is asking for the public’s help to identify areas of the substantive law of England and Wales that need reform, and to prioritise those reforms. It is also suggesting some potential projects that could form part of its Programme, and it would like to have views on these. Within these proposals is a suggestion that there might be areas of residential, commercial or agricultural landlord and tenant law which impose unnecessary restrictions, inefficiencies or costs. For more information about the Programme, including the criteria for project selection, click here For more details of the proposal concerning leasehold law, click here The consultation closes on 31 October 2016.

Justice system reform
The Ministry of Justice and HM Courts and Tribunal Service has published a consultation document outlining what the Ministry of Justice is doing to achieve reform of the justice system, and invites the public and interested stakeholders to give their views on certain specific measures. In respect of civil proceedings, the document proposes: introducing a new online process for resolving claims;
encouraging parties to resolve disputes themselves where possible; extending the fixed recoverable costs regime; civil enforcement; and replacing statutory declarations in county court proceedings with a witness statement verified by a statement of truth. Where required, legislation will be introduced to implement those measures. To read the consultation document, click here The document was accompanied by a joint statement from the Lord Chancellor, Lord Chief Justice, and the Senior President of Tribunals on their shared vision for the future of Her Majesty’s Courts & Tribunal Service: to read the joint statement, click here The consultation will be conducted by online survey: to access the survey, click here The consultation closes on 27 October 2016.

Welsh National Housing Pathway for ex-service personnel
The Welsh Government is consulting on the draft National Housing Pathway for ex-service personnel. The pathway will: provide advice to members of the services before their discharge, to help them avoid homelessness; and support former members of the services who are homeless. For more details, click here To respond to the consultation, click here The consultation closes on 13 October 2016.

HOUSING LAW ARTICLES & PUBLICATIONS

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2016] September issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

Vulnerability, ‘significantly’ and equality duties
Giles Peaker [2016] Nearly Legal 25 September. To read this article, click here

We eat ham and jam and spam a lot Giles Peaker [2016] Nearly Legal 26 September. To read this article, click here

Record numbers left homeless after eviction by private landlords in England
Patrick Butler [2016] Guardian 28 September. To read this article, click here

Proportionality and private landlords Alice Richardson [2016] Solicitors Journal 29 September. To read this article, click here

Why a ban on letting agent fees would be good news for tenants Kate Webb [2016] Shelter Blog 30 September. To read this article, click here

It’s right that we are now including renters in our housing policies James Cartlidge [2016] Guardian 30 September. To read this article, click here

Want an affordable rented home? Don't rely on a Labour council Dawn Foster [2016] Guardian 30 September. To read this article, click here

Effectively Regulating Private Housing Steve Battersby [2016] UK Housing Professionals Forum 30 September. To read this article, click here

I won’t miss help to buy. It only made the housing market worse Jonn Elledge [2016] Guardian 3 October. To read this article, click here

Can the new government’s housing plans deliver? Pete Jeffreys [2016] Shelter Blog 3 October. To read this article, click here

THE HOUSING LAW DIARY

13 October 2016        
Consultation on Welsh National Housing Pathway for ex-service personnel closes (see Housing Law Consultations)

27 October 2016        
Consultation on Justice system reform closes (see Housing Law Consultations)

31 October 2016        
Consultation on Law Commission reform programme closes (see Housing Law Consultations)

4 November 2016        
Lime Legal’s Allocations Conference

RECRUITMENT

Housing Trainee Solicitor – Paralegal
SSP Law
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Assistant Housing Needs Officer – Allocations Team (Fixed Term)
Birmingham City Council
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Senior Property Lawyer
London Borough of Tower Hamlets
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Housing Intern (fixed term contract for two years)
Hackney Council
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Deputy Customer Services & Housing Options Manager (Part Time 18 Hours)
The LB of Richmond upon Thames and the LB of Wandsworth
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Environmental Health Manager – Private Sector Housing
East Hampshire DC and Havant BC
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Housing Solicitor (Leeds)
Lester Morrill
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Interested candidates should apply with CV and covering letter indicating salary expectations to Helen.Butterworth@lmlaw.co.uk or via post to: Helen Butterworth, Lester Morrill, 27 Park Square West, Leeds, (direct applications only: strictly no canvassers).Closing date Monday 17 October 2016.

 
 

Solicitor Litigation and Dispute Resolution (London)
Winckworth Sherwood Solicitors
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Housing Solicitor/Experienced Paralegal (South London)
Burke Niazi Solicitors & Advocates
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