3rd October 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

New Homes Ombudsman announced
On 1 October 2018 the MHCLG announced that there will be a New Homes Ombudsman: “a watchdog to champion homebuyers, protect their interests and hold developers to account”. The government intends to legislate to require all new developers to belong to a new homes ombudsman. For the announcement, click here and scroll down to the section on support for homebuyers facing problems with their newbuild.

Ban announced on the use of combustible materials on external walls of high-rise buildings
On 1 October 2018, in the same announcement, the MHCLG confirmed that it will take forward the proposed ban, announced during the summer, on all high-rise buildings that contains flats, as well as hospitals, residential care premises and student accommodation above 18 metres. The ban will be delivered through changes to building regulations guidance and will limit materials available to products achieving a European classification of Class A1 or A2. For the details, click here and scroll down to the section on building safety. For the Local Government Association response, click here For coverage of the proposed ban on the BBC News website, click here

Other measures announced to support homebuyers etc
On 1 October 2018 the MHCLG also announced plans to help provide more homes through planning reform, and other measures to champion the rights of homebuyers. For the announcement, click here

Homelessness: guidance on duty to refer
On 28 September 2018 the MHCLG updated its guidance, published on 21 September 2018, to help public authorities understand how to administer the duty to refer. It added a list of local authority duty to refer emails. The email addresses can be used by public bodies to make a referral to local authority homelessness teams where they believe that someone is homeless or threatened with homelessness, in accordance with their duties under the duty to refer. For the various guidance documents, click here

Housing for older people: government response to the Select Committee report
On 27 September 218 the MHCLG published the government response to the report of the Housing, Communities and Local Government Select Committee inquiry into housing for older people, which was published on 9 February 2018. The Committee has looked closely at a wide range of issues affecting older people and the government says that it has considered the Committee’s findings and recommendations carefully in formulating its response. For the response, click here For the Select Committee’s report, click here

House building and new build dwellings – England
On 27 September 2018 the MHCLG published data for house building starts and completions by tenure for April to June 2018. On a quarterly basis, new build dwelling starts in England were estimated at 38,730 (seasonally adjusted) in the latest quarter, a 4 per cent decrease compared to the previous quarter and a 4 per cent decrease on a year earlier. Completions were estimated at 40,550 (seasonally adjusted), 7 per cent higher than the previous quarter and 1 per cent higher than a year ago.

Annual new build dwelling starts totalled 160,020 in the year to June 2018, down by 3 per cent compared with the year to June 2017. During the same period, completions totalled 161,240, an increase of 5 per cent compared with last year.

Private enterprise new build dwelling starts (seasonally adjusted) in the June quarter 2018 were down by 4 per cent from the previous quarter, and completions were up by 7 per cent. Starts by housing associations were 1 per cent lower compared to the last quarter and completions 8 per cent higher.

For the full statistics, click here

Legal aid and housing cases
On 27 September 2018 the Ministry of Justice published legal aid statistics for April to June 2018. In that period, there were 10,000 legally aided housing cases (down 8 per cent on a year ago) costing £6 million (down 9 per cent on a year ago). Over 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In April to June 2018 there was a 14 per cent decrease in housing work starts compared to the same quarter the previous year. There was a 9 per cent decrease in completed claims and a 11 per cent fall in expenditure.

For the full statistics, click here

Access to justice: Law Society submission to LASPO review
On 28 September 2018 the Law Society stated that public access to the justice system has never been so restricted and highlighted the "devastating consequences" of cuts to publicly funded legal advice. In its response to the Ministry of Justice's review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), the Law Society spelled out the disproportionate cost of the legislation to taxpayers and the seriously damaging effect of limiting access to justice for ordinary and vulnerable people. It also said that recently gathered first-hand accounts from solicitors reveal the increasingly challenging task of delivering basic legal advice to clients facing homelessness or even domestic abuse.

For the Law Society's LASPO submission, click here. For newly published research, commissioned by the Law Society, on the impact of legal aid capital and contribution thresholds for victims of domestic violence, click here

Housing Possession Court Duty Scheme: standard civil legal aid contract
On 1 October 2018 the Legal Aid Agency published contract documents for providers delivering Housing Possession Court Duty Schemes. The Standard Civil Contract (as amended) consists of:

  • HPCDS Contract for Signature (the ‘Offer’ letter)
  • HPCDS Category Specific Rules (at Annex A of the HPCDS Contract for Signature (the ‘Offer’ letter))
  • HPCDS Schedule (at Annex B of the HPCDS Contract for Signature (the ‘Offer’ letter))
  • HPCDS Contract - 2018 Standard Civil Contract Standard Terms
  • HPCDS Contract - 2018 Standard Civil Contract Specification (General Provisions).

For the documents, click here

Legislative Reform (Regulator of Social Housing) (England) Order 2018
This Order, which came into force on 1 October 2018, establishes the Regulator of Social Housing (the Regulator), and transfers the functions of regulating the social housing sector from the Regulation Committee of the Homes and Communities Agency (the HCA) to the Regulator. In particular:

  • Part 1 of the Schedule establishes the Regulator, and transfers functions from the HCA to the Regulator.
  • Part 2 of the Schedule makes amendments to other legislation consequent upon the creation of the Regulator.
  • Part 3 of the Schedule provides for the transfer of property, rights and liabilities from the HCA to the Regulator.
  • Part 4 of the Schedule provides for transitional and savings provisions consequent upon the transfer of functions.

For the Order, click here

Overcrowded housing – England
On 1 October 2018 the House of Commons Library published a briefing paper explaining the current statutory overcrowding standard in England, efforts to update the standard, and government approaches to tackling the problem. For the briefing, click here

Implementation of the Housing and Planning Act 2016
On 27 September 2018 the House of Commons Library published a briefing paper outlining progress in implementing provisions of the Housing and Planning Act 2016, which received Royal Assent on 12 May 2016. Several key measures in the Act will not be taken forward, such as 'pay to stay' and mandatory fixed-term tenancies for local authority landlords in England. For the briefing, click here

Grenfell council worker jailed for stealing £62,000 from survivors
On 28 September 2018 the Crown Prosecution Service reported that a finance officer working for Royal Borough of Kensington and Chelsea who was responsible for administering cash to survivors of the Grenfell fire, has been jailed for five-and-a-half years after stealing more than £60,000 to finance a ‘luxury lifestyle’. Jenny McDonagh was sentenced at Isleworth Crown Court after admitting fraud and theft of £62,062 meant for victims. The CPS has requested that the court consider a Proceeds of Crime Order against McDonagh. For the CPS report, click here

Housing costs and poverty
On 27 September 2018 Cardiff University published research – The truth about in-work poverty – which finds that housing tenure and housing costs are becoming much more important in determining poverty rates. Dr Rod Hick, who led the research team, said:
"All of the increase in working poverty between 2004/05 and 14/15 was experienced by families living in the private rented sector and social housing, without any increase for owner-occupiers. I expect this to continue in the coming years, and I think we’re going to hear much more about the link between housing costs and poverty. There has been a shift away from owner-occupation and a significant growth in the private rented sector. It’s not clear to me that this shift is going to abate any time soon. This is problematic from a poverty perspective because the private rented sector is associated with high housing costs, and elevated poverty rates, and a continued shift towards the private rented sector is likely to generate upward pressures on poverty rates in the UK."

For more details of the research, click here

Three-bed rental property accommodated 26 bed spaces: Brent enforcement team
On 27 September 2018 Brent Council reported the result of a raid by its enforcement team on a three-bedroom semi-detached house in Kingsbury. The raid followed complaints from residents about the number of men seen coming and going from the house. The enforcement team found that every room, except the gangway kitchen and the bathroom, contained bed spaces, including the tiny, windowless, illegally converted loft space.

Officers discovered more than 20 men living in ‘appalling and unsafe living conditions’ for which they said they were paying between £30 and £50 a week. The illegal HMO also contained faulty smoke alarms, poor ventilation, insanitary conditions, 26 bed spaces and fire hazards. An investigation is now under way to track down the rogue landlord or agent renting out the property.

For more details, click here

Gypsy and Traveller caravan count – Wales
On 26 September 2018 the Welsh Government published its latest biannual report which includes information on Gypsy and Traveller caravans on authorised, unauthorised and local authority sites in Wales. The data show:

  • There were 1,064 Gypsy and Traveller caravans reported in Wales on 19 July 2018.
  • There were 130 sites across Wales.
  • Comparing the July 2017 and July 2018 count, the number of caravans has increased by 6 per cent (47 caravans) on authorised sites.
  • There were 65 caravans on unauthorised sites on land owned by Gypsies and Travellers, accounting for 6 per cent of all caravans.
  • A further 105 caravans (10 per cent of all caravans) were on unauthorised sites not owned by Gypsy and Travellers.
  • There were 399 pitches on Gypsy and Traveller sites provided by local authorities in Wales on 19 July 2018.

For the full data, click here

Homelessness – Wales
On 27 September 2018 the Welsh Government published data for April to June 2018 on the number of households applying to local authorities for housing assistance under the Housing Wales Act 2014 and the number of homeless households in temporary accommodation. According to the release:

  • During the period, 2,424 of households were threatened with homelessness within 56 days. This was 14 per cent higher than the same period in 2017, but 1 per cent lower than in January to March 2018.
  • Homelessness was successfully prevented for at least 6 months in 66 per cent of cases. This was broadly similar to the figure for the previous quarter and the same quarter during the previous year (65 per cent).
  • In 15 per cent of cases prevention was unsuccessful and other outcomes accounted for the remaining 19 per cent.
  • During April to June 2018, 2,808 households were assessed as homeless and owed a duty to help secure accommodation. This is slightly lower than for 2017 and slightly higher than for January to March 2018.
  • In 40 per cent of cases, the local authority successfully helped to secure accommodation that was likely to last for 6 months. For 38 per cent of households, the local authority was unsuccessful in securing such accommodation. These were similar to the proportions recorded in April to June 2017.
  • During the period, 600 households were assessed to be unintentionally homeless and in priority need. These figures fluctuate on a quarterly basis.
  • 76 per cent of all households assessed as unintentionally homeless and in priority need accepted an offer of permanent accommodation. This is broadly similar to the equivalent figures for 2017 and January to March 2018 (75 and 76 per cent respectively).
  • At the end of June 2018, there were 2,142 households in temporary accommodation (8 per cent higher than at the end of June 2017). This is the highest number to date.

For the full statistics, click here

HOUSING LAWS IN THE PIPELINE
 

Parliament rose on 13 September and will return on 9 October 2018.
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

Homes (Fitness for Human Habitation) Bill
This is a Private Member’s 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. On 14 January 2018 the government confirmed that it would support the Bill. It completed its committee stage on 20 June 2018 (when its original title was simplified to that above) and will have its report stage on 26 October 2018. For the Bill as amended in committee, click here For a House of Commons Library research briefing, click here . To follow progress of the Bill, click here

Homeless People (Current Accounts) Bill
This is a Private Member’s 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

Sublet Property (Offences) Bill
This is a Private Member’s Bill introduced in the House of Commons by Christopher Chope. It is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions in respect of unauthorised sub-letting; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed and is now due to take place on 26 October 2018. To follow progress of the Bill, click here

Mobile Homes and Park Homes Bill
This is a Private Member’s Bill introduced in the House of Commons, also by Christopher Chope. It is intended to require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; to make provision in relation to the residential status of such homes; to amend the Mobile Home Acts; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed until 26 October 2018. To follow progress of the Bill, click here

Affordable Home Ownership Bill
This Bill was introduced to Parliament on Tuesday 24 October 2017, also by Christopher Chope, under the Ten Minute Rule and is a Private Member’s Bill. It was said by him to make provision for affordable home ownership; to require the inclusion of rent to buy homes in the definition of affordable housing; to make provision for a minimum proportion of new affordable housing to be available on affordable rent to buy terms; to provide relief from stamp duty when an affordable rent to buy home is purchased; and for connected purposes. The Bill itself has not yet been published. Its second reading has been postponed to 26 October 2018. To follow progress of the Bill, click here

Creditworthiness Assessment Bill
This Private Member’s Bill was introduced by Lord Buck and had its second reading in the House of Lords on 24 November 2017. The Bill would require certain matters (including rental payment history) to be taken into account when assessing a borrower’s creditworthiness. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018 and is due to have its second reading on 26 October 2018. For the Bill as brought from the Lords, click here For progress of the Bill, click here

Private Landlords (Registration) Bill
This Bill was introduced to Parliament on 17 January 2018 under the Ten Minute Rule. The Bill seeks to require all private landlords in England to be registered. The second reading of the Bill has been postponed to 26 October 2018. For the Bill, as introduced, click here To read the debate on introduction of the Bill, click here To follow progress of the Bill, click here

Leasehold Reform Bill
This Bill, introduced to Parliament on 7 November 2017 under the Ten Minute Rule and sponsored by Justin Madders, makes provision about the regulation of the purchase of freehold by leaseholders; to introduce a system for establishing the maximum charge for such freehold; to make provision about the award of legal costs in leasehold property tribunal cases; and to establish a compensation scheme for cases where misleading particulars have led to certain leasehold agreements. It is scheduled to receive a second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here

Homelessness (End of Life Care) Bill
This Bill, sponsored by Sir Edward Davey, was introduced to Parliament on 7 February 2018 under the Ten Minute Rule. It makes provision about end of life care and support for homeless people with terminal illnesses, including through the provision of housing for such people. The Bill’s second reading has been further postponed to 26 October 2018. For the Bill as introduced, click here To follow progress of the Bill, click here

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill
This government Bill was given its first reading in the House of Commons on 28 March 2018. It makes provision, where two or more hereditaments occupied or owned by the same person meet certain conditions as to contiguity, for those hereditaments to be treated for the purposes of non-domestic rating as one hereditament; and to increase the percentage by which a billing authority in England may increase the council tax payable in respect of a long-term empty dwelling. The Bill has completed its passage through the House of Commons and the House of Lords where amendments were tabled at third reading. The Commons will next consider those amendments. For those amendment, click here For the government’s announcement of the Bill, click here For the government’s announcement of its latest proposed amendments, click here To follow progress of the Bill, click here

Tenant Fees Bill
This government Bill makes provision for prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; makes provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; and amends the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents and the provisions of the Housing and Planning Act 2016 about client money protection schemes. The Bill has completed all its stages in the Commons. It received its first reading in the Lords on 6 September 2018 and is due to receive its second reading on 10 October 2018. For the Bill as introduced in the House of Lords, click here For the impact assessment, click here For a research briefing prepared for the report stage in the Commons, click here To follow progress of the Bill, click here

Housing and Planning (Local Decision-Making) Bill
This Private Member’s Bill seeks to remove powers of the Secretary of State in relation to the location of and planning permission for new housing developments; to give local authorities powers to establish requirements on such developments in their area, including requirements on the proportion of affordable and social housing. It received its first reading on 13 March 2018 and is due to receive its second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here

Renting Homes (Fees etc.) (Wales) Bill
This Welsh Government Bill includes provision for: prohibiting certain payments made in connection with the granting, renewal or continuance of standard occupation contracts; and the treatment of holding deposits. The Bill is currently at Stage 1 and the Equality, Local Government and Communities Committee is taking oral evidence. For the Bill, as introduced, associated information and to follow its progress, click here

NEW HOUSING CASES
 

Curo Places Ltd v Walker [2018] EWHC 2462 (QB) (25 September 2018)

This was an appeal by Curo Places Ltd (“Curo”) against the decision of the Circuit Judge dismissing a claim for possession brought against Ms Walker.

Background

On 7th July 2015 Curo granted Ms Walker a six year fixed term assured tenancy of a property in Bristol(“the property”). Shortly after the tenancy commenced Ms Walker’s neighbour began complaining about noise nuisance emanating from the premises.

A notice seeking possession was served on 9th February 2016 and a claim was issued on 7th July 2016 relying upon Grounds 12 and 14 of Schedule 2 of the Housing Act 1988.

The Particulars of Claim set out an extensive set of about 150 separate allegations of noise caused by Ms Walker in her flat. The large majority of instances related to one neighbour. Curo also relied on a conviction in the Magistrates’ Court for harassment.

Some of the allegations were admitted by Ms Walker, some were denied. She asserted that a large proportion of the noise complaints were due to poor sound insulation between the flats, some of them arise from the fact that Ms Walker has two small children, and she had a number of mental health conditions that resulted in her being impatient and having low levels of tolerance of stress, shouting, swearing and crying. She brought a defence under s.15 Equality Act 2010.

In the county court the judge found that the grounds were made out but considered that some of the noise nuisance was due to poor sound insulation and found that much of what was being complained of was not deliberate or aimed at the neighbours. The judge also concluded that he was not bound by the decision of the Magistrates and found that it would not be reasonable nor proportionate to order possession.

The Appeal

Curo appealed on 5 grounds:

Ground 1: the judge was wrong to hold that he was not bound by the criminal conviction.

Ground 2: the judge failed to give any or any adequate consideration to s.9A of the Housing Act despite having found that the breaches of tenancy and/or nuisance would continue and that the complainant would continue to suffer the same.

Ground 3: a finding that a possession order was not reasonable or proportionate because Curo should deal with the sound insulation ignored the fact that there was no reasonable adjustments defence under s.20 of the Equality Act nor could such a duty require Curo to alter any physical feature of the building and there was no evidence the building did not comply with building regulations. 

Ground 4: having found that this was a serious case, the grounds for possession had been made out and that the breaches of tenancy would continue, the decision that it was not reasonable or proportionate to make a possession order was perverse and based on irrelevant considerations and further it failed to consider the possibility of a suspended possession order. 

Ground 5: no Equality Act defence was pleaded and that in any event the expert evidence did not link the behaviour complained of to Ms Walker's mental health.

Mr Justice Birss dismissed the appeal.

On the first ground the parties agreed that, because of s.11 of the Civil Evidence Act 1968, Ms Walker was to be taken to have committed the offence. On the face of it the statement by the judge below that he was not bound by the conviction appeared to be contrary to that. However, the point the judge was making was that given the view he had formed, the fact that she had the conviction did not require him to take a different view of Ms Walker's conduct overall.

On Grounds 2, 3 and 4, the critical point, on which all three of those grounds were based, was the submission that the judge found that the breaches of the tenancy agreement or nuisance would continue. Those grounds were directed to an appeal against the finding of reasonableness.

The judge below had clearly recognised that Ms Walker might breach the tenancy agreement in future but, reading the judgment as a whole, he was taking the view that this was by no means inevitable. Overall the conclusion he reached was that it was not reasonable to make a possession order. As the trial judge that is an assessment he was in the best position to make and it could not be said he was plainly wrong in doing so.

Ground 4 did not raise anything different and Grounds 1- 4 were dismissed. The judge noted that in circumstances similar to the present case, another judge might have been persuaded that a possession order should be made, albeit suspended, however that was not a justification for overturning the judgment.

It was not necessary to consider Ground 5 in the circumstances but the judge commented that the pleading point was unmeritorious. The point was fully argued before the judge and did not take the landlord by surprise at trial in any way.

Summary by Alice Richardson, barrister, Arden Chambers and Trinity Chambers.

For the full judgment click here.

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HOUSING LAW CONSULTATIONS
 

Consultation on fire safety: clarification of statutory guidance (Approved Document B)
The MHCLG is seeking views on the proposed clarification of statutory guidance on fire safety (Approved Document B) that aims to improve usability and reduce the risk of misinterpretation by those carrying out and inspecting building work. The consultation is part of the Government’s response to Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. The consultation closes on 11 October 2018. For the consultation documents, click here

Consultation on A new deal for social housing green paper
The social housing green paper proposes to ensure social homes provide an essential, safe, well managed service for all those who need it. The government says that it will consider how it can re-balance the relationship between residents and landlords to ensure issues are resolved swiftly and residents’ voices are heard. To support this vision there is, in the government’s opinion, a powerful case to be made for strengthening the regulatory framework so that it not only focuses on the governance and financial viability of housing associations, but also on how residents are treated and the level of services they should expect. The government seeks to address the stigma that for too long has been associated with social housing and on which residents all around the country have voiced their concern. The green paper seeks views on the government’s vision for social housing providing safe, secure homes that help people get on with their lives. The consultation closes on 6 November 2018. To access the green paper, click here To respond online, click here

Review of social housing regulation: call for evidence
The social housing green paper set out the government’s intention to carry out a review of regulation of social housing to ensure it remains fit for purpose, reflects changes in the social housing sector and drives a focus on delivering a good service for residents. This call for evidence asks for information on how the regulatory regime is meeting its current objectives – both what works well and what does not. It marks, together with questions in the green paper, the first stage in the review process. The government says that it is keen to hear from a wide range of interested parties including residents, landlords and lenders. The consultation closes on 6 November 2018. For the consultation document, click here To respond online, click here

Use of receipts from Right to Buy sales
The government has expressed its wish to support local authorities to build more affordable homes. This consultation invites views on options to change the rules governing the money raised from Right to Buy sales to make it easier for councils to build more homes. It also seeks views on whether the commitment that every additional home sold (as a result of the increase in discounts in 2012) is replaced on a one-for-one basis nationally should be retained, or reformed to focus on the wider supply of social and affordable housing. The government is keen to hear from local authorities as well as residents and other stakeholders. The consultation closes on 9 October 2018. For the consultation document, click here To respond online click here

Rents for social housing from 2020-21
The MHCLG is seeking views on a proposed direction to the Regulator of Social Housing from the Secretary of State to the Regulator of Social Housing to ensure that, from 2020 onwards, the Regulator’s rent standard:

  • reflects the Ministry’s announcement in October 2017 that it intends to permit registered providers to increase their rents by up to CPI+1% each year, for a period of at least 5 years; this announcement recognised the need for a stable financial environment to support the delivery of new homes;
  • applies to local authority registered providers (as well as to private registered providers), to reflect the roll out of Universal Credit.

The direction also sets out the basis on which social rents and affordable rents are set.

The consultation closes on 8 November 2018. For the consultation documents and to respond to the consultation, click here

Law Commission consultation on leasehold enfranchisement
The Law Commission has published a consultation paper on leasehold enfranchisement reform: Leasehold home ownership: buying your freehold or extending your lease. The paper proposes reforms designed to secure a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home. The Commission says that the proposals would:

  • Make the enfranchisement process easier, cheaper and quicker
  • Improve and enhance the rights of leaseholders to buy their freehold or extend their lease
  • Introduce a simpler unified procedure for houses and flats
  • Remove limitations on the right to enfranchise, including the requirement that leaseholders must have owned their property for two years before making a claim.

In addition, at the government's request, the Commission has provided options to reduce the price payable by leaseholders to buy the freehold or extend their lease while ensuring sufficient compensation is paid to landlords to reflect their legitimate property interests. It is said that the proposals, which are now open for consultation, would save leaseholders time, stress and money, reducing legal costs and helping to prevent unnecessary disputes. The consultation closes on 20 November 2018. For further details and the Consultation Paper, click here

Implementing changes to the park home commission rate – Wales
The Welsh Government is consulting on how best to introduce the decision to reduce park home commission rates; what guidance is needed to support the change (if any); and how best to communicate that change. The consultation closes on 14 December 2018. For the consultation document, click here

Housing adaptations service standards – Wales
The Welsh Government is consulting on service standards for the delivery of housing adaptations. These standards are designed to improve consistency of delivery. They will apply to service providers and occupational therapists. The government wants to determine whether:

  • the proposed standards improve the delivery of housing adaptations
  • there are any other service standards which should be included
  • the proposed timeframes for the different types of adaptations are challenging enough.

The consultation closes on 19 December 2018. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

Positive Approaches (Explaining the different positive approaches to supporting people experiencing homelessness, what the differences are and why they are important) homeless link September 2018 – for the briefing click here

Only a total rethink can solve the housing crisis Dawn Foster, The Guardian 2 October 2018 – for the article click here

Six take aways from our polling in marginal seats Steve Akehurst,Shelter blog 28 September 2018 – for the blog item click here

Domestic abuse in the PRS: a matter of life and death Sally Walmsley, RLA website 30 September 2018 – for the article click here

Right to buy costing councils £300 million a year: new analysis Chartered Institute of Housing 2 October 2018– for the article click here

HOUSING LAW DIARY
 

9 October 2018                                    
Consultation closes on use of receipts from Right to Buy sales (see Housing Law Consultations)

9 October 2018                                     
Parliament returns

10 October 2018                                   
Second reading in House of Lords of Tenant Fees Bill

11 October 2018                                  
Consultation closes on fire safety: clarification of statutory guidance (Approved Document B) (see Housing Law Consultations)

26 October 2018                                   
Report stage scheduled for Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline)

26 October 2018                                   
Second readings scheduled (as to each of which, see Housing Laws in the Pipeline) for:

  • Sublet Property (Offences) Bill
  • Mobile Homes and Park Homes Bill
  • Affordable Home Ownership Bill
  • Creditworthiness Assessment Bill
  • Private Landlords (Registration) Bill
  • Leasehold Reform Bill
  • Homelessness (End of Life Care) Bill
  • Housing and Planning (Local Decision-Making) Bill
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