13th September 2017
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Booking up quickly – act now to be sure of your place!

Lime Legal’s Homelessness Conference 2017
Law & Best Practice

The major annual Conference addressing key changes in Homelessness work
Wednesday 11 October 2017, London.


FIND OUT THE LATEST ON:

  • Homelessness Policy
  • Part 7 Case Law update including:
  • Suitability of accommodation to meet or end a homeless duty case law update
  • Temporary Accommodation
  • Part 7 Duties post the Homelessness Reduction Act changes – “a new dawn or a rush to the courts for clarification?”
  • Preparing in a hurry for the Homelessness Reduction Act in April 2018?
  • The challenge of making the private rented sector work to meet and end the new duties under the HRA
  • Suitability of accommodation to meet or end a homeless duty case law update

All this plus two Ask the Experts panel Q&A sessions

For the full programme and speaker details click here

Book your place now – click here

HOUSING LAW NEWS & POLICY ISSUES
 
Housing associations and the NHS
On 12 September 2017 the National Housing Federation published a report – Home from hospital: how housing services are relieving pressure on the NHS – which highlights how housing services are ‘providing solutions that have a positive impact on people’s lives and relieving pressure on increasingly stretched health services and saving money for the NHS’. The report features a number of case studies that demonstrate how housing services are successfully reducing delays in discharging people from hospital and preventing unnecessary hospital admissions. It also considers the impact and additional savings that could be made by housing providers if this work were to be scaled up. To read the report, click here To read the executive summary, click here To view an online summary and case study map, click here

Accessible housing
On 8 September 2017 Habinteg published a report stating that 1.8 million disabled people have an accessible housing need – 580,000 of whom are of working age (there are 11.6 million disabled people in the UK); of the 1.8 million disabled people needing accessible homes, 56 per cent are home owners with 39 per cent having incomes in the top half of the income distribution; 19 per cent of the British public would most favour moving to a different property specifically designed or adapted to enable them to live independently in later life; and disabled people living in inaccessible homes are four times more likely to be unemployed. To read the report, click here On 10 September 2017 a group of NGO leaders wrote to The Guardian urging the government and developers to ensure new homes are designed to meet the needs of disabled people. To read the letter, click here

Civil court activity April to June 2017
On 7 September 2017 the Ministry of Justice published statistics relating to civil cases between April and June 2017. Mortgage and landlord possession claims in the county court decreased by 3 per cent, to 37,000, compared with the same period in 2016. Such claims have been declining since a peak of 60,000 in January to March 2014. For the full statistics, click here

Specialist homes for older people
On 8 September 2017 the Local Government Association published new analysis suggesting that the number of specialist homes for older people will need to increase by 400,000 units (75 per cent) in less than 20 years as a result of the ageing population. The LGA says that at present only 0.6 per cent of over 65s live in specialised accommodation, with a form of care support such as 24/7 on-site staff. This is ten times less than in more developed retirement housing markets such as the USA or Australia. For the LGA announcement, click here For the analysis, click here

Eviction because of immigration status – changes to Civil Procedure Rules
From 1 October 2017 the Civil Procedure Rules 1998 are amended by the Civil Procedure (Amendment No 2) Rules 2017. In particular, Part 83 of the CPR 1998 is amended so that a new paragraph (5A) provides that where a request is made for a writ of possession to enforce a notice under section 33D of the Immigration Act 2014 (termination of agreement where all occupiers are disqualified by reason of their immigration status), a copy of that notice must be filed with the request instead of the judgment or order required by paragraph (5)(a)(i). For the CPR (Amendment No 2) Rules 2017, click here

Gypsies and Travellers
On 8 September 2017 the House of Commons Library published a briefing providing an overview of the key issues and policies relating to Gypsy and Traveller communities in England. The paper includes examination of accommodation needs and illegal encampments. For the briefing, click here

Rogue landlord fined £10,000 for breaching conditions of HMO licence
On 11 September 2017 Brent Council reported that a landlord in the borough ‘who kept 24 adults and children in appalling conditions’ had been fined £6,000 and ordered to pay £3,953 in costs. Residents of a two-storey flat in Wembley endured overcrowding, cockroaches and fire safety hazards while paying rent to the landlord who had crammed them into six bedrooms and two undersized rooms inside the flat. For more details, click here

Homelessness – Wales
On 7 September 2017 Crisis and the Joseph Rowntree Foundation published findings from a ‘state-of-the nation’ report The Homelessness Monitor: Wales which is an independent study carried out by Heriot-Watt University. The report reveals that almost two-thirds of households who were at risk of homelessness in 2016/17 were saved from losing their homes thanks to council interventions. It also finds that local authority staff are now providing a better service and more supportive environment for applicants, especially single people. Nevertheless the report says that in the past year the number of rough sleepers has risen by between 16 and 30 per cent; the number of households placed in temporary accommodation has increased by 7 per cent; and most local authorities across the country have reported a rise in demand for their services. For the Crisis press release, click here For the report itself, click here

Universal Credit roll-out
On 11 September 2017 Citizens Advice published a report which warns that the expansion of Universal Credit is 'a disaster waiting to happen'. For the report Citizens Advice analysed over 50,000 cases where it has helped people with their debt problems and found that for those on Universal Credit: 79 per cent have priority debts such a rent or council tax, putting them at greater risk of eviction, visits from bailiffs, being cut off from energy supplies and even prison (compared to 69 per cent on legacy benefits such as Jobseekers Allowance or Housing Benefit); 41 per cent have no money available to pay creditors as their monthly spend on essential living costs is more than their income; and typically people on Universal Credit have only around £3 a month left to pay creditors. For the report and summary, click here

De-registration as a provider of social housing
On 8 September 2017 the Homes and Communities Agency announced that the deadline for de-registration applications has been extended following enquiries from some registered providers. Fees for providers with fewer than 60 social housing units will be waived for 2017/18 where a complete de-registration application is made by 2 October 2017 and the application has a reasonable chance of being completed by the end of the financial year. For more details, click here

Letting agents’ fees
On 6 September 2017 Members of Parliament debated the proposed ban on letting agent fees to tenants. During the course of the debate, Alok Sharma, Minister of State at the DCLG, contributed to the debate (beginning at 10.42 am) and confirmed that ‘under [the Government’s] proposals, tenants will no longer have to pay letting fees, whether they rent through an agent or directly from a landlord.’ For the debate, click here For a report of the debate by ARLA Propertymark, which opposes a total ban, click here

Draft housing strategy – London
On 4 September 2017 the London Mayor, Sadiq Khan, published his draft housing strategy for London. The strategy seeks to provide ‘a comprehensive plan to address the housing crisis over the next few years. This includes: starting to build 90,000 new affordable homes by 2021; ensuring a better deal for private renters; increasing the building of more genuinely affordable homes; supporting new housing providers including community builders; and helping tackle homelessness, with a way off the street for every rough sleeper.’  As part of the strategy, the Mayor says that he ‘will bring together tenants, landlords, and boroughs to develop a new “London Model” focusing on increasing tenancy security to support a more stable, family-friendly sector, where the legitimate rights of landlords are protected too. Once developed, the proposal will be submitted to Government for its consideration.’ For an announcement about the draft strategy, click here For the strategy itself, click here and/or see Housing Law Consultations.

Grenfell Tower – statement to Parliament
On 5 September 2017 Communities Secretary Sajid Javid provided Parliament with an update on the Government response to the Grenfell Tower fire. So far 57 victims had been identified. He said that the process of removing control of properties from the tenant management organisation had begun; the remit of the public inquiry had been set; a temporary school had been built; and work was underway on the scaffolding that will surround the tower. As to rehousing:196 households from Grenfell Tower and Grenfell Walk needed a new home. Everyone ‘who was ready to engage with the process’ was offered a temporary home within three weeks of the disaster. 61 households had accepted an offer and 29 had moved in. 153 households, including all but two of those who suffered a bereavement, have had face-to-face meetings with the team responsible for offering a choice of permanent homes. 164 households had used the online allocation system to look at what permanent accommodation was available. 127 had expressed an interest in one or more properties. 21 households that accepted offers of temporary accommodation with housing associations had asked for their tenancies to made permanent. Across England there are 173 social housing buildings that are over 18 metres tall and clad with some form of aluminium composite material (ACM). Systems that failed the official tests are in use on 165. For the full statement, click here

Grenfell Tower – letter to residents
On the same date Sajid Javid sent his latest letter to residents following the Grenfell Tower fire, with an update on the action being taken by the Government in response to the tragedy, including the Prime Minister’s assessment of the local authority’s response to the fire, details of the steps being taken to provide permanent housing, the Public Inquiry, the Recovery Taskforce and immigration issues. For the letter itself, click here

Letters on the safety of large panel system buildings
On 5 September 2017 Tamara Finkelstein, Director General for the Building Safety Programme, wrote to chief executives of local authorities and housing associations concerning the safety of large panel system buildings following recent work being undertaken at four tower blocks in the London borough of Southwark. For the letters, click here

Letter to local authorities identifying all residential tower blocks with ACM cladding
On the same date Tamara Finkelstein also wrote to local authority chief executives identifying all residential tower blocks with Aluminium Composite Material (ACM) cladding and how this information should be collected and provided to DCLG. For the letter, click here

Circular letter concerning structural design of cladding systems
On 5 September 2017 Bob Ledsome, Deputy Director of Building Regulations and Energy Performance Division, wrote a circular letter informing building control bodies about wind-loading calculations and structural design of cladding systems, particularly for high rise buildings and buildings in exposed locations. For the letter, click here

Fire safety advice for owners of high rise residential buildings
On 5 September 2017 the DCLG published a document consolidating detailed safety advice for owners of high rise residential buildings. This follows the completion of the government’s fire safety tests that examined how different types of Aluminium Composite Material (ACM) cladding panels behave with different types of insulation in a fire. For the advice, click here For details of the Government’s fire safety tests, click here
HOUSING LAWS IN THE PIPELINE
 
Local Housing Authority Debt Bill
This Bill, which had its first reading in the House of Lords on 4 July 2017, seeks to replace the current regime of limits on local housing authorities’ debt with limits determined by the existing prudential regime for local authority borrowing for non-housing-related purposes. The second reading is yet to be scheduled. For the Bill as introduced, click here To follow progress of the Bill, click here

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill seeks to abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolish the preserved right of eligible former secure tenants to buy their home at a discount under section 171A of the Housing Act 1985 (Preserved Right to Buy); abolish the right of eligible assured or secure tenants of a registered social landlord or private registered provider to acquire their home at a discount under section 16 of the Housing Act 1996 (Right to Acquire); and encourage social landlords to build or acquire new homes for rent, the Right to Buy, Preserved Right to Buy and Right to Acquire will not be exercisable by tenants who move into new social housing stock more than two months after the Bill receives Royal Assent, subject to certain exceptions. The Bill is currently at Stage 2 in the Welsh Assembly; Stage 2 began on 19 July 2017 and Stage 2 consideration will take place in Committee on 5 October 2017. The Finance Committee laid its report in respect of the Bill on 28 June 2017. The Equality, Local Government and Communities Committee has undertaken an inquiry into the general principles of the Bill and laid its report on 7 July 2017. The Constitutional and Legislative Affairs Committee laid its report in respect of the Bill also on 7 July 2017. For progress of the Bill (including the committees’ scrutiny), the text of the Bill itself and explanatory memorandum, together with proceedings and reports of the various committees, click here and scroll down.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill
This is a Private Members’ Bill introduced in the House of Commons by Karen Buck. The Bill aims to 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; to amend the Building Act 1984 to make provision about the liability for works on residential accommodation that do not comply with Building Regulations; and for connected purposes. The Bill is being prepared for publication. The second reading is due to take place on 19 January 2018. To follow progress of the Bill, click here

Homeless People (Current Accounts) Bill
This is a Private Members’ Bill introduced in the House of Commons by Peter Bone. The Bill is intended to require banks to provide current accounts for homeless people seeking work; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading is due to take place on 1 February 2019. To follow progress of the Bill, click here

Housing (Amendment) Scotland Bill
This Scottish government Bill aims to amend the law on the regulation of social landlords and to reduce the influence of local authorities over registered social landlords. It was introduced on 4 September 2017.For the Bill as introduced, click here To follow progress of the Bill, click here

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HOUSING LAW CONSULTATIONS
 
Fees charged to tenants in the private rented sector – Wales
This consultation seeks views on what action the Welsh Government should take to end unfair fees charged to tenants. Examples given in the consultation document of activities for which fees are charged are: accompanied viewings; pre-tenancy negotiation; producing the tenancy agreement; producing guarantor forms, if applicable; completing reference reports; obtaining / verifying all safety certificates; protecting the deposit and issuing documentation; processing move in monies and signing documentation; issuing the inventory and schedule of property; amending tenancy agreements; renewing tenancy agreements; early termination; and moving out. The consultation seeks views on the nature and level of fees being charged to tenants. It seeks to determine which fees, if any, are justifiably being charged to tenants. It also seeks information on fees paid by landlords to agents, and also on the possible consequences of banning fees. The consultation closes on 27 September 2017. For the consultation document, click here

Draft 'Information for tenants of social landlords' document – Wales

If the Abolition of the Right to Buy and Associated Rights (Wales) Bill is passed by the National Assembly for Wales (see Housing Laws in the Pipeline), social landlords will be required to issue to all relevant tenants an ‘Information for Tenants of Social Landlords’ document. The Welsh Government is consulting on a sample document to see if it: clearly summarises the right to buy and the right to acquire; explains clearly when these rights could end; and explains clearly the financial and legal advice you should get if you want to exercise the right to buy or right to acquire. The consultation closes on 13 September 2017. For the consultation document, click here

Tackling unfair practices in the leasehold market
On 25 July 2017 the DCLG launched a consultation into proposals to remedy unfair practices in the leasehold market. For the announcement of the Government’s proposals, see Housing Law News and Policy Issues and/or click here The consultation particularly seeks views on: i) prohibiting the sale of new build leasehold houses where the developer is not obliged to sell a house on a leasehold basis; ii) restricting ground rents on new leases to a ‘peppercorn’; iii) how to tackle existing onerous ground rents; iv) possible changes to the Help to Buy scheme in relation to leasehold houses; v) providing freeholders on private estates with equivalent rights to leaseholders to challenge unreasonable service charges for the upkeep of communal areas and facilities via the First-tier Tribunal (Property Chamber). The consultation closes on 19 September 2017. For the consultation document, click here

Recognising residents’ associations, and their power to request information about tenants
On 25 July 2017 the DCLG launched a consultation seeking views on the Government’s proposals for secondary legislation in relation to section 29A of the Landlord and Tenant Act 1985. Section 29A provides a new power for the Secretary of State by regulations to impose duties on a landlord to provide the secretary of a residents’ association with information about tenants. The intention is to make it easier for a secretary of a tenants’ association to obtain contact information of qualifying tenants (leaseholders) from a landlord and so improve the prospects of the association being formally recognised. The consultation closes on 19 September 2017. For the consultation document, click here

London Housing Strategy
The Mayor of London has published his draft Housing Strategy for London. It seeks to provide ‘a comprehensive plan to address the housing crisis over the next few years. This includes: starting to build 90,000 new affordable homes by 2021; ensuring a better deal for private renters; increasing the building of more genuinely affordable homes; supporting new housing providers including community builders; and helping tackle homelessness, with a way off the street for every rough sleeper.’ The three-month consultation ends on 7 December 2017. The strategy will be revised following the consultation period. For the consultation document, click here In order to respond on behalf of an organisation, click here
HOUSING LAW ARTICLES & PUBLICATIONS
 
Where does housing feature in the Scottish Government’s “most ambitious plan ever”? Ashley Campbell [2017] CIH Online 5 September. To read this article, click here

Happier and healthier: improving conditions in the PRS Vicky Pearlman [2017] Shelter Blog 6 September. To read this article, click here

Preparing for the Renting Homes (Wales) Act Rob Phillips [2017] Local Government Lawyer 7 September. To read this article, click here

Sadiq Khan is right: only London can solve its own housing crisis Jonn Elledge [2017] Guardian 7 September. To read this article, click here

Our housing crisis is about more than numbers - we need to build safe, accessible homes Sarah Davis [2017] CIH Online 7 September. To read this article, click here

'Destitution is routine': refugees face homelessness even after gaining asylum Kate Lyons [2017] Guardian 8 September. To read this article, click here

A refugee's tale: they gave me asylum - and then made me homeless Sarah Marsh [2017] Guardian 8 September. To read this article, click here

Local housing allowance cuts are too deep for renters to work their way out Kate Webb [2017] Shelter Blog 11 September. To read this article, click here

I see housing officers do all they can to refuse homeless applications Derek Bernadi [2017] Guardian 11 September. To read this article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2017] September issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here
HOUSING LAW DIARY
 
13 September 2017                  
Consultation closes on draft 'Information for tenants of social landlords' document – Wales (see Housing Law Consultations)

19 September 2017                  
Consultation closes on tackling unfair practices in the leasehold market (see Housing Law Consultations)

19 September 2017                  
Consultation closes recognising residents’ associations, and their power to request information about tenants (see Housing Law Consultations)

27 September 2017                  
Consultation closes on fees charged to tenants in the private rented sector – Wales (see Housing Law Consultations)

1 October 2017                        
Various changes to the Civil Procedure Rules 1998 come into force, including those relating to eviction because of immigration status

11 October 2017                       
Lime Legal’s Homelessness Conference 2017: Law & Best Practice
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RECRUITMENT

Featured Job of the Week


Accommodation & Homeless Prevention Officer


(Temporary up to 2 years)
Salary £21,962 pa - £24,174 pa  + Car Allowance up to £1,239 pa

Mid Sussex District Council is a dynamic, forward thinking local authority in the heart of southern England.

We are looking for someone with a proven track record and experience of working in a support or housing role, preferably with a local authority, to join our frontline Housing Needs Team. 

You will enjoy finding real solutions for people with housing difficulties.

For further details including the job description, a recruitment pack and details of how to apply click here.

Closing date: 25th September 2017
 
 
Head of Prevention & Assessment
London Borough of Waltham Forest
Job Ref: F&H/17/42114
Click here for details
 
 
Head of Housing Supply & Initiatives
London Borough of Waltham Forest
Job Ref: F&H/17/42111
Click here for details
 
 
Housing Options Officer
City of Bradford MDC
Job Ref: 83241
Click here for details
 
 
Head of Housing and Communities
Solihull Community Housing
Click here for details
 
 
Lawyer (Housing)
LB of Hackney
Click here for details
 
 
Home Ownership Officer - Hightown House
Hightown Housing Association
Job Ref: HOO1259
Click here for details
 
 
Benefit Officer
London Borough of Hillingdon
Job Ref: LBH3701
Click here for details
 
 
Temporary Accommodation Supply & Contracts Manager
Homes for Hackney
Job Ref: HFH-800
Click here for details
 
 
Landlord Liaison - Project Officer
Bristol City Council
Job Ref: 1785
Click here for details
 
 
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