19th July 2017
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HOUSING LAW NEWS & POLICY ISSUES

Grenfell Tower – changes to financial eligibility rules for legal aid
On 13 July 2017 the Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2017 came into force. Regulation 2 of these Regulations amends regulations 24 and 40 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, to permit the Director of Legal Aid Casework to disregard when calculating disposable income, gross income and disposable capital any payment made to an individual who is a victim of the fire at Grenfell Tower on 14 June 2017 provided that the payment has been made because the individual is a victim of that fire (other than direct payments from an individual known personally to the victim). The effect is to disregard any financial support a victim has received from the Government’s Grenfell Tower Resident’s Discretionary Fund or charities to pay for essentials such as clothes, food, transport and funeral costs following the fire. For the 2017 Regulations, click here For the Legal Aid Agency’s announcement about the changes, click here

Grenfell Tower – re-cladding of tall buildings
On 13 July 2017 the DCLG published a circular letter sent to building control bodies to highlight key issues that building owners and building control bodies need to consider in ensuring compliance with the building regulations when undertaking re-cladding work to tall buildings over 18 metres. The letter particularly draws the attention of building control bodies to the following: approaches to demonstrating compliance with fire safety requirements, for example ensuring that cladding and insulation used are of limited combustibility or that a whole wall cladding system BS 8414 test is undertaken; where panels are removed for inspection or testing purposes, the integrity of the whole cladding system needs to be maintained; the structural design of any replacement cladding needs to be checked – it should not be assumed that existing fixings and systems are suitable for replacement systems; the need to ensure that replacement cladding systems or components protect the building adequately from rain and condensation; and guidance on how to meet energy efficiency requirements when re-cladding. To read the letter, click here

Grenfell Tower – response and tackling fire risk in high rise blocks
On 11 July 2017 the House of Commons Library published a research briefing setting out, in the wake of the fire, the events and commentary around the fire, the relevant building regulations, fire safety laws and housing standards, the Government response to the fire, the responsibilities around re-housing, and previous concerns raised with fire regulations. For the briefing, click here

Welsh inquiry into fire safety in high rise blocks
On 13 July 2017 the Welsh Assembly’s Equalities, Local Government and Communities Committee held a one-day inquiry into fire safety in high rise blocks in Wales. The inquiry was called following the Grenfell Tower disaster. To view a webcast of proceedings, click here

Combustibility tests in high rise blocks
On 12 July 2017 The Guardian published a map showing, as at 11 July, the 114 blocks known to have failed combustibility tests. Additional buildings will be added to the map as they are known. To view the map, click here

Ombudsman’s decisions relating to housing
On 13 July 2017 the office of the Local Government and Social Care Ombudsman published its Annual Report and Accounts for 2016/17. The report reveals that in the past year 12 per cent of all complaints received by the Ombudsman related to housing and of the 11,526 decisions made, 951 related to housing. To access the report, click here For a recently published House of Commons Library research briefing providing information about the Local Government Ombudsman, click here

Social housing disposals – deregulation measures
On 14 July 2017 the Homes and Communities Agency published its decision and summary of responses following a consultation on proposed changes to Section 2.2.3 of its Tenant Involvement and Empowerment Standard arising from the changes introduced by the Housing and Planning Act 2016. Those latter changes include de-regulatory measures which amend the Housing and Regeneration Act 2008 by removing the requirement for private registered providers to seek the regulator’s consent to the disposal of social housing and to some constitutional changes. For the decision instrument, click here For the summary of responses, click here For the updated Tenant Involvement and Empowerment Standard, incorporating the change to Section 2.2.3, click here

Social housing disposals – Wales
On 13 July 2017 the Welsh Government published an annual report including information on the number of social landlord housing sales in Wales and their impact on dwelling stock. The report states that: during 2016-17, the number of sales decreased year-on-year for the first time since 2009-10, by 9 per cent; local authority sales were down by 21 per cent  (to 151 dwellings), and sales of registered social landlord dwellings were down by 3 per cent (to 432 dwellings); since 2008-09, the majority of all social landlord housing sales have been by RSLs and during 2016-17, RSL sales accounted for almost three quarters (74 per cent); over the previous three years, the majority of sales were statutory sales (via Right to Buy and Right to Acquire) but during 2016-17 53 per cent of all sales were ‘Voluntary and Other’ sales (including extra care housing); during 2016-17, 70 per cent of all sales were of social housing and the remaining 30 per cent were other housing such as intermediate rented, shared equity and low cost home ownership properties. For the full statistics, click here

Appointment of new Lord Chief Justice of England and Wales
On 14 July 2017 the Rt Hon Sir Ian Burnett was appointed the Lord Chief Justice of England and Wales from 2 October 2017 following the retirement of The Rt Hon The Lord Thomas of Cwmgiedd on 1 October 2017. The Lord Chief Justice is the Head of the Judiciary of England and Wales and the President of the Courts of England and Wales. For further information about the appointment, click here

English Housing Survey – nature and number of tenancies
On 13 July 2017 the DCLG published data on the nature and number of tenancies at both the regional and national level, including tables on: tenure trends at national and regional levels; cross-tenure comparisons of characteristics of households and their accommodation; overcrowding and under-occupation; and need for specially adapted accommodation. To access the data, click here

English Housing Survey 2015 to 2016 – social and private renters
On 13 July 2017 the DCLG published demographic and economic data on social and private renters, including tables on: demographic and economic characteristics of renters; accommodation characteristics; rents and housing benefit; and types of letting. To access the data, click here

English Housing Survey 2015 to 2016 – attitudes and satisfaction
On 13 July 2017 the DCLG published data on levels of public satisfaction with housing and community issues, including tables on: satisfaction with local area and accommodation; problems in local area; feelings of safety in home and local area; and satisfaction with landlord repairs and maintenance. To access the data, click here

English Housing Survey 2015 to 2016 – new households and recent movers
On 13 July 2017 the DCLG published data on the mobility, demographics and tenancies of new households and ones that have recently moved, including tables on: mobility among all households; length of residence; demographic characteristics of movers; movement between tenures; movement into and out of tenures; and tenancy deposits. To access the data, click here

English Housing Survey 2015 to 2016 – private rented sector
On 13 July 2017 the DCLG published a report on the private rented sector. The report shows that in 2015-16, 4.5 million households were renting in the private sector. This represents 20% of all households in England. Throughout the 1980s and 1990s, the proportion of private renters was steady at around 10%. However, the sector has more than doubled in size since then, and there are now 2.5 million more households in the private renting sector than there were in 2000. For the full report, click here

English Housing Survey 2015 to 2016 – social rented sector
On 13 July 2017 the DCLG published a report on the characteristics and circumstances of social renters in England. In 2015-16, 3.9 million households in England were renting in the social sector. This represents 17% of all households. The social rented sector is the smallest tenure, after the private rented (20% of all households) and owner occupied (63%) sectors. For the full report, click here

English Housing Survey 2015 to 2016 – housing costs and affordability
On 13 July 2017 the DCLG published a report on housing costs and affordability in England. The report found that: households in the private rented sector had the highest housing costs – this was particularly the case in London; households with a mortgage had the highest incomes – social renters had the lowest; private renters spend a greater proportion of their income on their housing costs than social renters or those buying with a mortgage; irrespective of tenure, households in London spend a greater proportion of their income on housing costs than households in the rest of England; the proportion of income spent on housing costs reduced significantly for households with independent children when all household income was taken into account – this was true across all tenure types; and a quarter of social renters were either currently in arrears or had been in the last 12 months – this was higher than the proportion of private renters who were either currently in arrears or had been in the last 12 months. For the full report, click here For the CIH’s response concerning affordability of housing, click here

English Housing Survey 2015 to 2016 – other data
The English Housing Survey data, published by the DCLG on 13 July 2017, included – in addition to the above – reports on other aspects of housing in England. For a report on potential for stock improvements, click here For a report on people’s perception of their neighbourhood, click here For a report on energy performance, click here For a report on first-time buyers, click here For a report on mortgagors, click here For a report on future home owners, click here  

Housing Benefit
On 17 July 2017 the Department for Work and Pensions published HB Bulletin G7/2017 which contains information about: how Universal Credit claimants are affected by the two child limit; changes to Universal Credit live service forms; HB decisions by the Upper Tribunal; and relevant statutory instruments. To access the bulletin, click here

Houses in multiple occupation
On 15 July 2017 the House of Commons Library published a research briefing setting out the legal framework in England and Wales for controlling standards in HMOs. It considers the powers available to local authorities to carry out enforcement work, and potential changes in the pipeline. For the research briefing, click here On the same day the HoC Library also published a briefing paper explaining the powers English and Welsh local authorities have to use the planning system to limit the development of new HMOs. For that briefing paper, click here

Homelessness – Housing First feasibility study
On 11 July 2017 Crisis published results of a feasibility study into implementing Housing First at scale within the Liverpool City Region (LCR). The study showed that the current system is failing some of the most vulnerable homeless people, who often struggle with the rules and conditions, stress, and lack of security in hostels, and who need higher levels of support as a result of poor mental health, substance misuse, physical or learning disabilities or a history of offending. In some cases, rough sleepers in the LCR had had as many as ten hostel placements in the past four years. The report shows that Housing First – which aims to give people a stable, secure home of their own as soon as possible and to build personalised support around them, placing an emphasis on individual choice, respect and citizenship – is likely to be more effective in supporting the most vulnerable and long-term rough sleepers to stay in a rented home compared to existing services in LCR, and recommends that it should be used as part of a wider ‘housing-led’ system that addresses the needs of all homeless people and places emphasis on preventing people from becoming homeless in the first place. To read the report, click here

Private landlords’ tax records

On 13 July 2017 HM Treasury confirmed that only landlords with a turnover above the VAT threshold (currently £85,000) will have to keep digital records and only for VAT purposes. The requirement will come into force in 2019. They will not be asked to keep digital records, or to update HMRC quarterly, for other taxes until at least 2020. For the announcement, click here For the Residential Landlords Association’s response, 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 1 in the Welsh Assembly. The Equality, Local Government and Communities Committee is undertaking an inquiry into the general principles of the Bill. The Constitutional and Legislative Affairs Committee considered the Bill on 3 April 2017. For progress of the Bill (including the Committees’ scrutiny), the text of the Bill itself and explanatory memorandum, together with proceedings of the ELCG Committee and correspondence arising from them, click here and scroll down.

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HOUSING LAW CONSULTATIONS

Enforcement of suspended orders: alignment of procedures in the County Court and High Court
In Cardiff v Lee (Flowers) [2016] EWCA Civ 1034 the claimant landlord had obtained a possession order against the defendant secure tenant on the grounds of breach of the terms of the tenancy agreement prohibiting anti-social conduct. The order was suspended for two years on condition that the tenant complied with the provisions of his tenancy agreement, which contained covenants against causing a nuisance or annoyance to neighbours. Following further complaints from neighbours of the tenant, the landlord applied for the issue of a warrant of possession. It did so by lodging form N325, following the administrative procedure set out in CPR 83.6. The warrant was issued and the bailiff served notice of the date of intended eviction. The tenant’s application to stay execution of the warrant was dismissed by the district judge and his subsequent appeal was dismissed by the circuit judge. On appeal to the Court of Appeal it was common ground that the landlord ought to have sought permission to apply for the issue of the warrant as required by CPR 83.2. In short, CPR 83(2) states that a ‘relevant writ or warrant’ (which includes a warrant of possession) must not be issued without the permission of the court in any of the circumstances specified in CPR 83.2(3)(a)-(f). This consultation seeks views on whether amendments are required to rules and forms in light of the judgment. The consultation closes on 30 August 2017. For more details and all relevant documents, click here
HOUSING LAW ARTICLES & PUBLICATIONS

Not looked into enough to be unaware Giles Peaker [2017] Nearly Legal 11 July. To read this article, click here

Housing people fast is five times cheaper than homelessness – here's why Matt Downie [2017] Guardian 12 July. To read this article, click here

The Grenfell disaster has shone a light on how we’ve lost our housing rights Dawn Foster [2017] Guardian 13 July. To read this article, click here

Homelessness appeals and dependent children Stefan Liberadzki [2017] Local Government Lawyer 13 July. To read this article, click here

Hard cash is needed to make social housing residents feel safe Dawn Foster [2017] Guardian 14 July. To read this article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2017] July issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here

Banning letting agent fees paid by tenants – my response to the Consultation Tessa Shepperson [2017] The Landlord Law Blog 17 July. To read this article, click here
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RECRUITMENT

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Vacancies with Minton Morrill Solicitors

Housing Solicitor

Solicitor with expertise in housing law, to conduct a mixed caseload of Legal Aid and privately funded work, able to satisfy legal aid supervisor requirements. Caseload includes representing defendants in the Housing Possession Court Duty Scheme.

Community Care Solicitor

Solicitor with expertise in community care law, to conduct a mixed caseload of Legal Aid and privately funded work, able to satisfy legal aid supervisor requirements. Caseload includes Court of Protection work.

For further information as to job description and specification for either of these vacancies please contact Maria Clancy either by email maria.clancy@mintonmorrill.co.uk or in writing to her at Minton Morrill, 27 Park Square West, Leeds LS1 2PL to whom all CV’s and salary expectations should be submitted (direct applications only: strictly no canvassers).

Closing date: 28th July 2017.   Early applications are encouraged.  We reserve the right to appoint before the closing date.

Minton Morrill Solicitors is committed to equal opportunities.

 
 
Housing Options Officer (x3)
Cherwell District Council and South Northamptonshire Council
Job Refs: RHT014, RHT015, RHT024
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Access to Housing Officer
City of Bradford MDC

Job Ref: 72052
Closing date: 19 July 2017
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Operations Manager – Benefits and Housing Needs
Hackney Council

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Property Standards Officer
London Borough of Waltham Forest

Job Ref: F&H/17/38884
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Litigation Lawyer x 3
London Borough of Waltham Forest

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Intensive Housing Management Officer (ASB & Neighbourhood)
Adullam Homes Housing Association Limited

Job Ref: 17/69
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Intensive Housing Management Officer (Lettings)
Adullam Homes Housing Association Limited

Job Ref: 17/70
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Corporate Anti-Fraud Team Manager
London Borough of Waltham Forest
Closing date: 19 July 2017 (23.30)
Job Ref: F&G/17/38424
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Property Compliance Manager
Origin Housing
Job Ref: 12-07-2017PCM
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Lettings Team Leader
Genesis Housing Association

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