5th September 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

New tribunal forms in respect of rogue landlords and property agents
On 31 August 2018 HM Courts and Tribunals Service published a suite of forms related to measures in Part 2 of the Housing and Planning Act 2016 in respect of rogue landlords and property agents in England. Those forms are as follows:

  • Form BN1: Application by a local authority for a banning order – click here
  • Form BN2: Application for revocation and variation of banning orders – click here
  • Form BN3: Application for authorisation to transfer an estate in land to a prohibited person where a banning order has been made – click here
  • Form BN4: Appeal against a decision to impose a financial penalty, or the amount of a penalty imposed, following the breach of a banning order – click here
  • Form RL01: Appeal against the LHA’s decision notice to include one’s name on the database of Rogue Landlord and Property Agents – click here

Ombudsman’s finding: family waited three years for house adaptations for disabled son
On 30 August 2018 the Local Government and Social Care Ombudsman reported its finding that the family of a severely disabled Doncaster boy, who is doubly incontinent and cannot walk or move by himself, has had to wait three years for the council to provide them with the special adaptations their home needs.

The family, who provide for all the boy’s basic needs and personal care, currently have to carry him from room to room at their own risk. Following the Ombudsman’s investigation, Doncaster Metropolitan Borough Council has agreed to complete the adaptations required at the family’s home, and provide them with other remedies including creating a proper driveway. It will also fund a break for the family.

For a summary of the Ombudsman’s report, together with a link to the full finding, click here

‘Benefit freeze risks fuelling homelessness’: CIH
On 29 August 2018 the Chartered Institute of Housing published research stating that more than 90 per cent of Local Housing Allowance rates across Great Britain now fail to cover the cheapest rents, as they were originally designed to do. CIH is warning that LHA rates (frozen in 2016 for four years) have fallen so far behind even the cheapest rents that private renting has become unaffordable for most low income tenants, putting them at risk of homelessness as they are forced to choose between basic living expenses and paying the shortfall. The organisation is calling on the government to review the policy and to end the freeze immediately. For the report, click here For a CIH press release concerning it, click here

Retaliatory evictions in England: Citizens Advice research
On 24 August 2018 Citizens Advice published research – Touch and go: How to protect private renters from retaliatory eviction in England – which found that private tenants who made a formal complaint to either their local authority or to a redress scheme had a 46 per cent chance of being issued with a section 21 eviction notice within six months of doing so. Citizens Advice says that tenants who have received a section 21 notice, when compared those who have not, are:

  • Over twice as likely to have complained to their landlord in the previous six months.
  • Five times more likely to have complained to their local authority prior to their notice being issued.
  • Eight times more likely to have complained to an independent redress scheme. 

The report recommends that the government should:

  • Protect tenants from retaliatory eviction when they complain to independent redress or ombudsman schemes.
  • Enable tenants to leave a fixed-term contract early, without penalty, if their landlord fails to uphold their legal responsibilities.
  • Introduce mandatory three year tenancies for all private rented sector tenancies.

For the report, click here For a summary, click here

Additional housing revenue account borrowing programme: updated prospectus
On 23 August 2018 the MHCLG updated its prospectus inviting local authorities in areas of high affordability pressure to bid for additional borrowing to build new council housing. The Ministry has added the document Housing revenue account additional borrowing programme 2019 - 2022: Frequently asked questions (FAQs). For more details, click here

Man imprisoned for £40,000 Grenfell fraud and lying to judge
On 24 August 2018 the Crown Prosecution Service reported that a man who avoided going to prison for a burglary by falsely telling a judge he had lost all his belongings in the Grenfell fire has been given a six year prison sentence. This included 12 months for a burglary he committed. He also pleaded guilty to fraud at Isleworth Crown Court after getting free hotel accommodation worth thousands of pounds.

Derrick Peters initially lied to Kensington and Chelsea council by claiming he had been living with a friend who had died in the blaze, but was not there on the night of the fire himself. He was put up at the Park Grand Hotel in Kensington between 28 June 2017 and January 2018. The cost of the hotel room and room service was more than £40,000. While staying there, he burgled a flat, stealing more than £3,000 worth of property.

He later admitted the offence but before he was sentenced, Peters wrote a letter to the judge asking to be treated leniently because of the Grenfell tragedy. In October 2017 he was given a community sentence and returned to the hotel where he had been previously staying.

However, the council become suspicious of Peters’ story as the flat number he claimed to be staying in did not exist. He was not captured on any CCTV footage coming or going from the flat and the daughter of the friend he claimed to be staying with said Peters had never lived with them.

For a full report, click here

Succession rights and social housing – England
On 2 September 2018 the House of Commons Library published a research briefing providing an overview of the statutory rights of occupiers of social housing in England to succeed to a tenancy on the death of the previous sole or joint tenant. For the briefing, click here

Social housing: flexible and fixed-term tenancies – England
On 2 September 2018 the House of Commons Library published a research briefing concerning flexible and fixed-term tenancies in the social housing sector in England. Social landlords in England have had discretion not to offer a 'lifetime' tenancy to new tenants since 1 April 2012. The Housing and Planning Act 2016 contains provisions which would limit local authorities' ability to offer longer-term tenancies in certain circumstances. The government has said that these provisions will not be implemented "at this time". For the briefing, click here

Right to Rent: private landlords' duty to carry out immigration status checks
On 29 August 2018 the House of Commons Library published a research briefing providing an overview of Right to Rent checks which must be carried out by private landlords/agents in England. The checks were introduced by the Immigration Act 2014. Breaches may, in some circumstances, amount to a criminal offence after changes introduced by the Immigration Act 2016 on 1 December 2016. For the briefing, click here

Government ‘plans a fundamental review' of Help to Buy
On 3 September 2018 several news media reported that the government is planning a fundamental review of the Help to Buy scheme. This reportedly follows concerns that the scheme has contributed to a rise in house prices and has helped “wealthy people upgrade their homes”. For coverage in The Independent, click here

£1,000 of rent recovered from rogue landlord in ‘landmark case’
On 29 August 2018 Thurrock Council reported that in a “landmark case” it had recovered more than £1,000 of rent paid to a rogue landlord who forced a tenant to live in appalling conditions.

The landlord was originally fined for failing to comply with an improvement notice under the Housing Act 2004 in March 2018. The case followed a complaint by the occupier about the condition of his home where officers found ten different health and safety hazards.
Having successfully prosecuted in March, Thurrock Council made an application for a rent repayment order seeking recovery of the housing benefit payments paid to the landlord during the 10-week period during which he had failed to comply with the improvement notice. The Eastern Residential Property First Tier Tribunal awarded the Council £1,071.12.

For the Council’s report of the case, click here

Long term tenancy consultation: RLA response
On 28 August 2018 the Residential Landlords Association published its response to the government’s consultation into long term tenancies. Members who responded to the RLA’s most recent survey raised a number of issues which they saw as barriers to long term tenancies, including the following:

  • The need to get to know the tenant before offering a longer term tenancy.
  • Restrictions in mortgage conditions and insurance policies preventing the offer of longer term tenancies.
  • The complex court process to regain possession. Overall, over three-quarters of landlords (77 per cent) said that they do not offer longer tenancies because of the time and cost to regain possession, although more than half (55 per cent) said they would be more likely to do so if a more efficient court process was available.

For the consultation response, click here

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HOUSING LAWS IN THE PIPELINE
 

Parliament has been in recess and returned on 4 September 2018. It will rise again on 13 September and 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, 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. For the Bill as introduced, click here The Bill had its committee stage on 11 May 2018,its report stage on 9 July 2018 and third reading on 18 July 2018. It now goes to the Commons for consideration. 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. It received its first reading on 2 May 2018 and its second reading on 21 May 2018. For the second reading debate, click here The Bill will next be considered at report stage on 5 September 2018. For the Bill as introduced, click here For the impact assessment, click here For a research briefing prepared for the report stage, 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

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

HOUSING LAW ARTICLES & PUBLICATIONS
 

Dozens of London council estates earmarked for demolition by Zack Adesina, Claire Brennan and George Greenwood, BBC News 3 September 2018 – to read the item click here

Benefit freeze puts private renting out of reach for low-income tenants and risks fuelling homelessness Chartered Institute of Housing 29 August 2018 - to read the article click here

Homeless offered fast-track jobs in hospitality Dan Whitehead, Sky News 2 September 2018 - to read the article click here

RLA concerns on Right to Rent included in commons briefing paper Victoria Barker, Residential Landlords Association website 31 August 2018 - to read the article click here

HOUSING LAW DIARY
 
5 September 2018                                
Report stage of Tenant Fees Bill (see Housing Laws in the Pipeline)

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

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