3rd February 2016
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HOUSING LAW NEWS & POLICY ISSUES
Model shorthold assured tenancy agreement
On 1 February 2016 the DCLG has revised its model tenancy agreement, first published in September 2014, for use in the private rented sector where a shorthold tenancy is being entered into. The revised model reflects relevant legislative changes. For the model and accompanying guidance, click here

Private sector renting (1)
On 1 February 2016 the DCLG updated its guide for tenants and landlords in the private rented sector to help them understand their rights and responsibilities. It provides a checklist and more detailed information on each stage of the process. To access the guide, click here

Private sector renting (2)
On 1 February 2016, the Office for National Statistics published the latest figures on rising rents in the UK. Private rental prices paid by tenants rose by 2.5% in the 12 months to December 2015. Private rental prices grew by 2.7% in England, 0.7% in Wales and 0.9% in Scotland in that period. Rental prices increased in all the English regions, with rental prices increasing the most in London (3.9%). For the report, click here

London Help to Buy
The new London Help to Buy scheme came into operation from 1 February 2016 – for details of the scheme, click here

Lettings to migrants (1)
The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2016 came into force on 1 February 2016. The statutory instrument amends the Immigration (Residential Accommodation) Prescribed Requirements and Codes of Practice) Order 2014 and sets out the prescribed requirements for a code of practice in respect of identity checks which must be complied with by landlords and agents when entering into a residential tenancy agreement. The 2016 order lists acceptable documents which a landlord or agent must obtain from an occupier or prospective occupier in order to establish an excuse under section 24 or 26 of the Immigration Act 2014. For the Order, click here

Lettings to migrants (2)
The Residential Landlords Association claims that more than 90% of landlords have received no information from the Government on their new legal duty to check the immigration status of their tenants. The RLA says that it surveyed over 1,500 landlords and found that that 72% of landlords do not understand their obligations under the policy. For the RLA press release,
click here


Allocations
A rise in complaints to the Local Government Ombudsman about how councils have dealt with applications for social housing has prompted the LGO to publish a report revealing the impact on people when councils have erred, and the lessons to be learned. For the report – entitled Full house: Council’s role in allocating social housing click here

House in multiple occupation: Wales
On 28 January 2016 the Welsh Government published an annual report including information on houses in multiple occupation (HMOs) and on the condition of residential properties assessed by local authorities under the Housing Health and Safety Rating System. During 2014-15, local authorities carried out 6,629 assessments (up 7% on the previous year) under the System, and found that almost a third contained at least one category 1 hazard. Non-HMOs had a higher percentage of assessments containing Category 1 hazards than HMOs. For the report,
click here

Welfare reform
The National Federation of ALMOs has published the results of a survey of stock retaining councils and ALMOs, conducted during October and November 2015. It covers a number of topics relating to welfare reform including: overall performance on rent arrears; the ongoing impact of the removal of the spare room subsidy, (sometimes referred to as the ‘bedroom tax’); preparations for, and initial experiences of, universal credit (UC); and the expected impact of forthcoming further welfare cuts – specifically the lower overall benefit cap and the removal of help with housing costs from many 18-21 year olds. A total of 36 organisations, responsible for managing a total 386,000 homes, responded to the survey. For the survey, click here

Supported housing
On 27 January 2016, during the debate in the House of Lords at report stage of the Welfare Reform and Work Bill, Lord Freud, the Minister of State for Welfare Reform, confirmed that there would be a year-long exception for all supported accommodation from the 1% rent reduction, providing time to study the evidence from a review. For the Hansard record of the Minister’s announcement, click here

Court of Protection
A pilot scheme has begun which will see the public and media gain access to Court of Protection hearings across England and Wales for the first time. A new Pilot Practice Direction will apply to new proceedings issued from the 29th January. The Practice Direction will effectively change the default position to one where hearings are held in public with reporting restrictions to protect identities. This means that when an order has been made under the pilot, both the media and the public will be able to attend, unless a further order has been made which excludes them. For background information, the Practice Direction and Q&As click here
Start Spreading The News
If your organisation has a success story such as the effective use of legislation or a new policy or practice initiative that may be of interest to other Housing Professionals then please send details to info@housinglawweek.co.uk so that we can consider including it in a future issue of HLW and bring it to the attention of fellow practitioners.
HOUSING LAWS IN THE PIPELINE

Housing and Planning Bill
This is a UK Government Bill about social and private rented housing, rogue landlords, estate agents, planning and compulsory purchase. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill had its second reading in the House of Lords on 26 January 2016. For coverage of the second reading debate in Local Government Lawyer, click here For a copy of the Bill as presented in the Lords, click here For the Explanatory Notes, click here For the official Impact Assessment of the Bill, click here  To follow the progress of the Bill, click here . To read the debates at all stages of the Bill, click here. For the House of Lords Library research briefing on the Bill, click here

Welfare Reform and Work Bill
This UK Government Bill makes provision about: the benefit cap; social security and tax credits; loans for mortgage interest; and social housing rents. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill underwent line by line examination during the final day of report stage on 27 January. Amendments discussed covered clauses 11, 13-16, 18, 22, 24-26, and 31 of the Bill. Third reading is yet to be scheduled. For the Bill, as amended in Committee, 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 who fail to evict tenants who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. The Bill has completed its House of Commons stages and has now moved into the House of Lords and entered Committee on 18 January 2016. For minutes of proceedings of the second sitting of Committee on 20 January, click here For a copy of the Bill as presented in the Lords, click here  For the Explanatory Notes for that version of the Bill, click here  For the official Impact Assessment, click here  To follow the progress of the Bill, 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, and to follow the progress of the Bill, 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 For the Briefing on the Bill produced by the Scottish Parliament Information Centre, click here The Bill completed Stage 1 on 22 January 2016. For a report on the debate, click here Committee consideration of the Bill at Stage 2 will take place over February 2016, with the Stage 3 Debate expected to take place mid-March 2016. For the evidence submitted to that Committee by the Chartered Institute of Housing (Scotland), click here

Housing (Amendment) Bill
This is a Bill introduced in the Assembly 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 completed its Committee Stage. For the Committee report, click here For a marshalled list of amendments tabled for the Consideration Stage click here To follow progress of the Bill, click here

Houses in Multiple Occupation Bill
This is a Bill introduced in the Assembly 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 A Second Stage debate took place in the Assembly on 7 December 2015. For the record of that debate, click here  The Bill now stands referred to the Committee for Social Development and that Stage has been extended to 12 February 2016.

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. It is again listed for a Second Reading, now scheduled for 11 March 2016. 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 the House of Commons Library Briefing on the Bill, click here  For the MP’s own perspective on her Bill being talked-out, click here For the response of the MP who talked-out 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 is to be on a date yet to be announced. For details on the progress of the Bill, click here For the Briefing Paper prepared by the House of Commons Library, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced by Mark Pawsey MP but which now has UK Government support. It would provide that Crown tenancies (mainly of properties owned by Government Departments) may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions, and would modify the assured tenancies regime in relation to certain Crown tenancies (including by provision of a new ground for possession).  It had a First Reading on 24 June 2015 and its Second Reading has been re-scheduled for 5 February 2016. For a copy of the Bill, click here For the Explanatory Notes, click here  For details on the progress of the Bill, click here For the House of Commons Library Briefing note that has been prepared for the Second Reading, click here  

 
NEW HOUSING CASES

Mirga v Secretary of State for Work and Pensions; [2016] UKSC 1 Samin  v Westminster City Council  [2016] UKSC 1
The conjoined appeals were brought by two nationals from EU countries who claimed entitlement to financial assistance in the form of income support (Ms Mirga) and housing assistance (Mr Samin) in this country.  The Upper Tribunal had decided that the Secretary of State was entitled to refuse Ms Mirga’s application for income support because she did not have a right of residence in the UK under the A8 Regulations and therefore was excluded from qualifying under the Income Support Regulations. Westminster City Council had determined that Mr Samin was a person from abroad who was not eligible for housing assistance within s.185(1) of the Housing Act 1996 because he did not have a right of residence in the UK.  That decision was upheld in the county court and the Court of Appeal.The Supreme Court unanimously dismissed both appeals. For the Supreme Court press summary outlining the background and the reasons for the Judgment click here For the full text of the Supreme Court judgment click here  For the video of the Supreme Court judgment being handed down by the President, Lord Neuberger click here

R on the application of Susan Rutherford, Paul Rutherford and Warren Todd (a child, by his litigation friend Susan Rutherford)  v Secretary of State for Work and Pensions; R on the application of A v Secretary of State for Work and Pensions [2016] EWCA Civ 29
These conjoined appeals were brought by Mr and Mrs Rutherford, the grandmother and her partner, the overnight carers of Warren who is a severely disabled child and by A, a female victim of serious violence who was living in housing protected under the Sanctuary Schemes. The appellants did not challenge the lawfulness of the “bedroom tax” /”spare room subsidy” itself but contended that the removal of part of their respective means tested benefits under Regulation B13 of the Housing Benefit Regulations was unlawful.

The Court allowed both appeals because the Regulation had discriminatory effect and the fact that discretionary housing payments (DHPs) may be available was not a justification for discrimination in these cases. For the full judgment click here For commentary and analysis click here

In Herefordshire Council v Martin Rohde [2016] UKUT 0039 (LC)
In October 2014 Herefordshire Council served a declaration on the Respondent that his property was a House in Multiple Occupation (HMO). Mr Rohde’s appeal to the First Tier tribunal was upheld and the HMO Declaration was revoked. The Council’s appeal to the Upper Tribunal was heard by Judge Elizabeth Cooke sitting as a Judge of the Upper Tribunal. The judge was satisfied that, the conditions set out in section 254(2), the “standard test”, as modified by section 255 and the “significant use” condition, were met and that the Appellant’s decision was correct and was founded on abundant evidence.”

The judge allowed the Council’s appeal, reversed the First Tier tribunal decision and upheld the decision to serve the HMO Declaration on 24 October 2014 which would take effect in accordance with s.255(7) Housing Act 2004. For the full judgment click here For a commentary on the case click here
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HOUSING LAW CONSULTATIONS

Chair of the Equality and Human Rights Commission
The Parliamentary Joint Committee on Human Rights is holding a joint pre-appointment hearing of the Government’s preferred candidate for the Chair of the Equality and Human Rights Commission (EHRC) with the House of Commons Women and Equalities Committee in March 2016. By 18 February 2016, the Committees welcome submissions on the following: the effectiveness of the EHRC and the role of the Chair; the most important issues the Chair of the EHRC is likely to face during their term; and the most important qualities needed by the Chair of the EHRC. To send a written submission, click here

 National Planning Policy
On 22 December 2015, the UK government launched a consultation seeking views on specific changes to national planning policy to support delivery of new homes, including low cost homes for first time buyers. The closing date for comments is 22 February 2016. For a copy of the consultation paper, click here. For the online response form, click here

Private renting in Northern Ireland
On 12 November 2015, the Assembly Government published a discussion document on proposals to review the regulation of the private rented sector in Northern Ireland. For a copy of the document, click here For the questionnaire, click here  Responses are sought by 5 February 2016. To make an online response, click here For information about public meetings being held as part of the consultation process, click here

 
HOUSING LAW ARTICLES & PUBLICATIONS

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2015] December / [2016] January issue of Legal Action magazine. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

Forcing landlords to check tenants' immigration status won't be easy David Smith [2016] Guardian Housing Network 1 February. To read the article, click here

Levy on luxury London homes would net £86m a year for social housing David Batty [2016] The Observer Housing Network 30 January. To read the article, click here

David Cameron will not be able to redevelop 'sink estates' without a fight Colin Wiles [2016] Guardian Housing Network 27 January. To read the article, click here

Government confirms 1% rent reduction will not apply to supported housing Rick Henderson [2016] Homelessness Link Blog 28 January. To read the article, click here

Housing associations and furniture re-use organisations can work together to reduce tenant debt risk Helen Middleton [2016] National Housing Federation blog 29 January. To read the article, click here

Cash to tackle rogue landlords Dr Stephen Battersby [2016] UK Housing Professionals Forum Blog 27 January. To read the article, click here

The ever confusing tale of the bedroom tax Sam Madge-Wyld [2016] LAG Housing Law Blog 30 January. To read the article, click here

 
THE HOUSING LAW DIARY

5 February 2016          
Adjourned Commons Second Reading of the Crown Tenancies Bill (see Housing Laws in the Pipeline above)

5 February 2016          
Close of consultation on the private rented sector in Northern Ireland (see Housing Law Consultations above)

18 February 2016        
Deadline for submissions concerning the appointment of a Chair of the Equality and Human Rights Commission (see Housing Law Consultations above)

22 February 2016          
Close of consultation on the national planning policy (see Housing Law Consultations above)

 
RECRUITMENT

Shepway District Council
Private Sector Housing Officer Vacancy
Salary: £22,175 - £31,698 p.a. (Grade E/F) (dependent on qualifications and experience)     
Responsible to: Private Sector Housing Team Leader
Enhancements: Essential Car User Allowance                      
Location:      Flexible         
Closing date: 5 February 2016 (12 pm)
For further details click here

 
 

Blackpool Council
Private Housing Manager
Ref: PL020

Blackpool Council want to recruit a talented individual who will help lead the Council’s Housing Strategy team and drive the Council’s response to Blackpool’s challenging housing issues.
Location: Blackpool
Full time
Contract Type: Permanent
Salary: £36,571-£40,217 p.a.
Closing Date: 7th February 2016
Interview Date: TBC

For further details click here

 
 
 

Housing and housing debt adviser / caseworker

Full time (part time considered)
Salary £17,714 - £21,530 depending on experience (pro rata if P/T)

We are seeking a highly motivated person to be part of our housing and housing debt team. The successful candidate will be able to demonstrate a minimum of 1 year’s experience of providing specialist housing/housing debt advice and advocacy. Applicants will have a commitment to the provision of free, independent, impartial and confidential advice.

Closing date:  10.00am on 5 February 2016
Interview date: 9 & 10 February 2016

The successful candidate will be expected to take up post on Monday 21 March 2016 at the latest.

An application pack can be downloaded from our website click here

 
 
 

Housing Law Caseworker Vacancy

Sternberg Reed is a well established Lexcel Accredited law firm with offices in Essex and London A vacancy has arisen for a Caseworker to join our Housing Law Department to support and assist the fee earners in the preparation and conduct of cases. The role will include undertaking administrative tasks.

This position will be based in our Barking office but the successful candidate may be expected to work from any of our other offices as and when required

The job would offer excellent experience of working in a busy legal practice for a Paralegal or Law Graduate who has passed the LPC and has a keen interest in making a career in this area of law.

The successful candidate will have the following attributes:

  • Previous experience of working in Housing Law
  • Solid IT, drafting and research skills
  • Excellent communication & presentation skills - over the telephone and in person
  • Good time management
  • Ability to handle an extensive and varied workload
  • Ability to work under pressure and to tight deadlines

Please apply to: julie.young@sternberg-reed.co.uk with your CV and a covering letter stating why you are interested in this role and how your experience and skills match the requirements for this role.

We are an Equal Opportunities Employer

 
 
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