11th April 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Homelessness and legal aid
From 3 April 2018 clients living in England threatened with homelessness within 56 days are within scope for legal advice following implementation of the Homelessness Reduction Act 2017. Previously, clients in England were not entitled to legal advice until the threat of homelessness was within 28 days. The change means that the definition is now consistent across both England and Wales. The Housing (Wales) Act 2014 introduced this change in Wales in April 2015. For more details, click here

Housing support for young people
On 29 March 2018 the DWP announced that the government will amend regulations so that all 18 to 21-year-olds will be entitled to claim support for housing costs within Universal Credit. The DWP says that they will be assured that if they secure a tenancy they will be entitled to receive support towards their housing costs in the normal way. For more information, click here For a research briefing on the subject, published by the House of Commons Library on 6 April 2018, click here For a response to the changes by Homeless Link, click here

Universal Credit – information for householders
On 6 April 2018 the DWP published updated guidance as to how Universal Credit can help with housing costs and how claimants are expected to pay their landlord themselves. For the guidance, click here

Rogue managing agents
On 8 April 2018 the MHCLG announced that new measures will be introduced to professionalise the estate agent market, driving up standards and bringing an end to ‘rogue managing agents’. The changes will include a requirement that managing agents and freeholders provide up-to-date lease information for a set fee and to an agreed timetable which will end the current situation where leaseholders are at the mercy of freeholders and their agents. For the announcement, click here

Rogue letting and managing agents – new code of practice
On 1 April 2018 the MHCLG announced proposals for the introduction of new measures to regulate letting and managing agents. The announcement follows the publication of the government’s response (to the recent public consultation) and proposed approach for a new regulatory framework for letting and managing agents. The announced proposals include: an independent regulator and code of practice for letting and managing agents; easier means by which to help leaseholders challenge unfair fees and service charges; and possible prosecution for those who severely breach the code. To further professionalise both sectors, letting and managing agents will be required to obtain a nationally recognised qualification to practise, with at least one person in every organisation required to have a higher qualification. For the announcement, click here For the government’s response document, click here

Rogue landlords – national database launched
From 6 April 2018, when all remaining provisions of the Housing and Planning Act 2016 (including those relating to banning orders) came into force, a national database of landlords subject to banning orders went live. Landlords convicted of a range of housing, immigration and other criminal offences such as leasing overcrowded properties, fire and gas safety offences and unlawful eviction, will be put on the new database, so that councils can share information between themselves and keep a closer eye on offenders. For the MHCLG announcement, click here For the guidance in respect of the database, click here

Civil penalties under the Housing and Planning Act 2016
On 6 April 2018 the MHCLG published guidance to help local authorities use their powers to impose a civil penalty as an alternative to prosecution for certain housing offences. The Housing and Planning Act 2016 provides powers that permit local authorities to impose a civil penalty of up to £30,000 as an alternative to prosecution for a range of offences under the Housing Act 2004, and where a landlord or property agent has breached a banning order under the Housing and Planning Act 2016. Civil penalties for certain housing offences came into force on 6 April 2017. The guidance has been updated to reflect that from 6 April 2018 a civil penalty can also be imposed for breach of a banning order. For the guidance, click here

Banning orders for landlords and property agents under the Housing and Planning Act 2016
On 6 April 2018 the MHCLG published guidance to help local housing authorities understand and use their powers to seek a banning order against a landlord or property agent in the private rented sector. The Housing and Planning Act 2016 provides new powers which permit local housing authorities to seek banning orders where landlords or property agents have been convicted of a banning order offence. Banning orders came into force on 6 April 2018.For the guidance, click here

Unauthorised caravan sites
On 5 April 2018 the government announced a review of the law and powers to deal with unauthorised caravan sites and developments. The government says that since 2010, the number of traveller caravans on authorised sites has increased. However latest figures show approximately 16 per cent of all caravans – around 3,700 – are on unauthorised sites. An open consultation has been launched in conjunction with the review (as to which see Housing Law Consultations). For more details of the review, click here

Rough sleeping – government initiative
On 30 March 2018 the MHCLG announced a cross-government plan of action to ‘significantly reduce the number of people sleeping rough’. The action plan includes: a new Rough Sleeping Team to drive reductions in rough sleeping; and a targeted £30 million fund for 2018 to 2019 for local authorities with high levels of rough sleeping. The latest action is part of the government’s ongoing work to achieve its stated aim of halving rough sleeping by 2022 and eliminating it by 2027. For more details, click here For the Local Government Association response, click here For the CIH response, click here For a response by Homeless Link, click here

Empty homes – new legislation
On 28 March 2018 the MHCLG announced new legislation to allow councils to charge double the rate of Council Tax on homes left empty for years. The government says that there are currently just over 200,000 long-term empty dwellings in England, compared to 300,000 in 2010. The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill was introduced on 28 March 2018. For the Bill and its parliamentary timetable, see Housing Laws in the Pipeline For the MHCLG announcement, click here

Funding for supported housing – consultation outcome
On 3 April 2018 the MHCLG and DWP published its interim response to two consultations launched in autumn 2017. The document sets out, in general terms, the nature of the public response. The government is considering the views shared and further details will be issued in the summer. For the response and the consultation documents, click here For a research briefing on funding of supported housing, published by the House of Commons Library on 8 April 2018, click here

Improving the home buying and selling process – consultation outcome
On 8 April 2018 the MHCLG published its response to the home buying and selling call for evidence and the measures to be taken by government in response. From the 1,205 responses received there were, the MHCLG says, a huge number of suggestions for improvement. The Ministry considers that there is no single change which will deliver a meaningful improvement to the process, but rather it is a series of smaller, incremental changes which, taken together, will deliver a significantly better system. The government considers that there are three key areas for improvement: a better consumer experience (requiring further regulation of estate agents); reducing time from offer to completion; and reducing failed transactions. For the response document, click here

Health in privately rented properties
On 4 April 2018 the Parliamentary Office of Science and Technology published a note looking at the quality of housing in the private rented sector and explaining the effects that housing conditions can have on health. It also looks at interventions to improve housing quality in the private rented sector and at the challenges to implementing them. For the publication, click here

Right to Buy
The MHCLG has updated several documents relating to Right to Buy. For the summary booklet, click here For the guidance for tenants considering buying their flat where the freeholder is a council, housing association or other social landlord, click here For guidance for tenants on the changes to the Right to Buy scheme, click here

Leasehold schemes for the elderly – management fee limit
On 3 April 2018 the MHCLG published a note advising private registered providers who own or manage retirement leasehold accommodation of the management fee limits for the financial year 2018-19. For the note, click here

Draft Tenant Fees Bill
On 29 March 2018 the Housing, Communities and Local Government Committee published a report on the Government's draft Tenant Fees Bill. It welcomes the aims of the proposals but makes several recommendations, including: security deposits should be capped at the equivalent of five weeks’ rent in recognition that finding six weeks’ worth of rent can cause financial difficulties for tenants; landlords should not be able to retain the full holding deposit if a tenant fails a reference check despite providing accurate information; default fees are open to abuse so the type and amount of default fee needs to be better regulated; additional funding should be made available to local authorities to enforce the legislation; impact assessments should be published alongside every draft Bill. For the report, click here For the summary, click here For the conclusions and recommendations, click here For the Local Government Association’s response to the report, click here

Data protection offence – former housing worker convicted
On 29 March 2018 the Information Commissioner reported that a former housing worker who shared a confidential report identifying a potential vulnerable victim had been convicted of data protection offences by a jury. The defendant obtained a copy of a safeguarding report from a source he declined to reveal, and then shared it with 83 people including council members and staff, in order to highlight grievances he had with the council. He was convicted of three counts of unlawfully disclosing personal data in breach of s55 of the Data Protection Act 1998, was fined £200 on each count and was also ordered to pay £3,500 costs. For details of the case, click here

Letting Agents (Notice Requiring Information) (Scotland) Regulations 2018
These regulations, which come into force on 26 May 2018, provide for a notice requiring information from a person who appears to be a letting agent for the purpose of monitoring compliance with Part 4 of the Housing (Scotland) Act 2014 (the 2014 Act). Regulation 2 provides that a notice must be in one of the forms set out in the schedule, depending on whether the recipient is or is not a registered letting agent. Regulation 3 provides for the methods by which a notice may be served. Regulation 4 provides that there is a 28-day time limit (subject to certain exceptions) for complying with the notice. Failure to comply with the notice may be considered by the Scottish Ministers when deciding if a person is a fit and proper person to be registered as a letting agent under section 34(1) of the 2014 Act and is an offence under section 56(1) of the 2014 Act. For the regulations, click here For the 2014 Act, click here

Mental Capacity Act 2005 guidance
On 29 March 2018 Homeless Link published guidance which is intended to make the 2005 Act accessible to ensure that vulnerable people’s wishes, feelings and values are prioritised. To access the guidance, click here

HOUSING LAWS IN THE PIPELINE
 

The government has introduced in the House of Commons the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill. See below.

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 and Liability for Housing Standards) 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. The Bill received its second reading on 19 January 2018. It will begin its Committee stage on a date to be announced. On 14 January 2018 the government confirmed that it would support the Bill. For the Bill as introduced, 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

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 and is at Stage 1 which is due to be completed by 30 March 2018 following a Stage 1 debate on 29 March 2018. For the Bill as introduced, click here For a research briefing on the Bill, click here 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 6 July 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 and is due to take place on 6 July 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 further postponed to 27 April 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 will have its Committee stage on a date to be announced. For progress of the Bill, click here

Regulation of Registered Social Landlords (Wales) Bill
The purpose of this Bill is to amend or remove those powers which are deemed by the Office for National Statistics (ONS) to demonstrate central and local government control over Registered Social Landlords (RSLs). These changes will enable the ONS to consider reclassifying RSLs as private sector organisations for the purpose of national accounts and other ONS economic statistics. The Bill is currently at Stage 3. Stage 3 commenced on 13 March 2018. Stage 3 consideration will take place in Plenary on 24 April 2018 to consider amendments to the Bill (as amended at Stage 2). For progress on the Bill, click here and scroll down.

Secure Tenancies (Victims of Domestic Abuse) Bill
This government Bill seeks to make provision about the granting of old-style secure tenancies in cases of domestic abuse. The Bill completed its House of Lords stages on 13 March 2018 and was presented to the House of Commons on 13 March 2018. Committee stage in the Commons has been completed. Report stage will take place on a date to be announced. For the Bill as brought from the House of Lords, click here For a note of impacts, click here For a House of Commons Library Briefing published after completion of the Committee stage in the Commons, click here To follow 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. It is due to receive a second reading on 27 April 2018. The Bill is being prepared for publication. 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 postponed to 27 April 2018. The Bill itself is being prepared for publication. 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. It is due to receive its second reading on 23 April 2018. For the Bill as introduced, click here For the government’s announcement of the Bill, click here To follow progress of the Bill, click here

NEW HOUSING CASES
 

Davis v Watford Borough Council [2018] EWCA Civ 529, 20 March 2018
Where a homeless person appeals under s.204, Housing Act 1996, against the authority’s s.184 decision because the appellant has not been notified of their s.202 review decision within the prescribed time limit, the appropriate means of challenging the authority’s refusal to extend interim accommodation under s.204(4) is by way of judicial review in the High Court, not by s.204A appeal to the County Court.

The claimant applied to the authority for assistance under Pt 7, Housing Act 1996. The authority made a decision pursuant to s.184, Housing Act 1996, that they did not owe him the full housing duty. The claimant requested a review of that decision, which the local authority did not complete within the prescribed period, nor within the period of any extension agreed between the parties.

The claimant brought an appeal against the s.184 decision and requested interim accommodation pending the appeal, which the authority refused to extend. The claimant therefore brought a claim for judicial review, seeking accommodation pending the s.204 appeal. Wilkie J. ordered the authority to secure that suitable accommodation was made available for the claimant’s occupation. The authority applied to set that order aside but, at the hearing of that application, instead invited the court to refuse permission on the basis that the claimant had an alternative remedy, namely a s.204A appeal. Mitting J. concluded that the authority were correct, and refused permission.

The claimant sought to appeal to the Court of Appeal against that decision. Longmore L.J. granted permission to proceed by way of judicial review in the Court of Appeal, due to its public importance. At the hearing of that claim, Davis L.J. held that the meaning of s.204A is plain, so that there is no need to construe it purposively. It is only possible to bring a s.204A appeal where there is a decision on the review; where there is no such decision, the appropriate remedy is judicial review. This reflected the intention of Parliament to transfer only some of the High Court homelessness jurisdiction to the county court.

Summary by Riccardo Calzavara of Arden Chambers who appeared for the claimant with Toby Vanhegan also of Arden Chambers.

For the full judgment click here.

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HOUSING LAW CONSULTATIONS
 

The government has launched a consultation concerning powers for dealing with unauthorised development and encampments. See below.

Strengthening consumer redress in housing
The Ministry of Housing, Communities & Local Government has published a consultation seeking views on improving redress in the housing sector, including exploring the option of a single housing ombudsman. It covers the following issues: the current complaints and redress landscape, how it is working and if more can be done to improve it; what standards and services should be expected of a redress scheme/an ombudsman; how to fill the existing gaps between current services; and whether a single ombudsman service is needed to simplify access to redress across housing, and if so, what form that should take and what its remit should be. The consultation closes on 16 April 2018. For the consultation document, click here

Electrical safety in the private rented sector
The Ministry of Housing, Communities & Local Government has published a consultation seeking views and comments on the recommendations made by the Private Rented Sector Electrical Safety Working Group. The working group has recommended introducing five-yearly mandatory electrical installation checks for private rented property and that other safety measures be encouraged as good practice and set out in guidance. The consultation invites views and comments to gather additional evidence on the recommendations made by the working group. Any legislation brought forward as a result of this consultation will be subject to appropriate assessment. The consultation closes on 16 April 2018. For the consultation document, click here

Commonhold – Law Commission’s call for evidence
On 22 February 2018 the Law Commission called upon flat owners, housebuilders, mortgage lenders and lawyers to give their views on ‘a little-known and little used home ownership status’ called commonhold, which provides an alternative to residential leasehold. Commonhold was introduced in 2004 (when a law passed in 2002 came into force) as a new way to own property. It allows a person to own a freehold ‘unit’ – for example, a flat within a building – and at the same time be a member of the company which manages the shared areas and buildings. Commonhold, according to the Law Commission, has a number of potential advantages over leasehold. These are: ownership doesn’t run out – unlike leases which expire and can be costly to extend; standard rules and regulations apply – which should make conveyancing simpler and cheaper; and owners have a stake in the wider building and do not have a landlord – instead, owners run the shared areas together. Despite these advantages fewer than 20 commonhold developments have been created. The Law Commission project will look at why commonhold has failed to gain popularity, and what changes can be made to the current law to make it an attractive and workable alternative to residential leasehold. The consultation closes on 19 April 2018. For more details, click here

Supporting housing delivery through developer contributions
Following the announcements at Autumn Budget 2017, the government is seeking views on a series of reforms to the existing system of developer contributions in the short term. These reforms will benefit the local authorities who administer them, developers who pay them and the communities in which development takes place. The consultation closes on 10 May 2018. For more details, click here

Reviewing the landlord registration fee structure and application process – Scotland
The Scottish government is consulting on proposals intended to strengthen the system of landlord registration in a proportionate way that will help to ensure that homes rented to private rented sector tenants are of good quality and are managed professionally. Responses to the consultation will help to shape changes to the application process that will require landlords to demonstrate that they meet their legal responsibilities. They will also inform amendments to the way that fees are charged so that local authorities have enough resources to make informed decisions about who can be approved to operate as a landlord. The consultation closes on 7 June 2018. For more details, click here

Powers for dealing with unauthorised development and encampments
The MHCLG and Ministry of Justice have launched a consultation seeking views on the effectiveness of powers for dealing with unauthorised development and encampments. The consultation asks a series of questions relating to powers for dealing with unauthorised development and encampments, including: local authority and police powers; court processes; trespass; planning enforcement; the provision of authorised sites; and the impacts on the travelling community. The consultation closes on 15 June 2018. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

Shake up to council duties to tackle homelessness starts today Deborah Garvie Shelter Blog 3 April. To read this article, click here

'It's been my compass': helping the homeless failed by the government Rachel Obordo Guardian 3 April 2018. To read this article, click here

Housing organisations all have a role to play to tackle loneliness and isolation Rebecca Mollart CIH Blog 3 April 2018. To read this article, click here

Transforming responses to domestic abuse – Government consultation Paula Reid Homeless Link 6 April 2018. To read this article, click here

The government is taking action to protect private renters (part 1) Vicky Pearlman Shelter Blog 6 April 2018. To read this article, click here

The government is taking action to protect private renters (part 2) Rhea Newman Shelter Blog 9 April 2018. To read this article, click here

The letting agency industry badly needs professionalising David Pipe CIH Blog 9 April 2018. To read this article, click here

Landlords Beware – The Changes to Minimum Energy Efficiency Standards (MEES) are here! Stacey Lakeland Forbes Solicitors Blog 9 April 2018. To read this article, click here

‘Aye we can’ – proposals to end homelessness and rough sleeping in Scotland Susanne Flynn CIH Blog 9 April 2018. To read this article, click here

How one Norfolk council has cut its housing waiting list by 95% David Brindle Guardian 10 April 2018. To read this article, click here

Housing: Recent Developments Jan Luba QC & Nic Madge Legal Action April 2018 (subscription required). To read this article, click here

Owner-occupiers: review 2018 Derek McConnell Legal Action April 2018 (subscription required). To read this article, click here

HOUSING LAW DIARY
 

16 April 2018                            
Consultation closes on strengthening consumer redress in housing (see Housing Law Consultations)

16 April 2018                            
Consultation closes on electrical safety in the private rented sector (see Housing Law Consultations)

19 April 2018                            
Law Commission’s consultation closes on commonhold (see Housing Law Consultations)

23 April 2018                            
Second reading of Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill (see Housing Laws in the Pipeline)

24 April 2018                            
Stage 3 consideration of Regulation of Registered Social Landlords (Wales) will take place in Plenary (see Housing Laws in the Pipeline)

27 April 2018                            
Postponed second reading of Affordable Home Ownership Bill (see Housing Laws in the Pipeline)

27 April 2018                            
Postponed second reading of Homelessness (End of Life Care) Bill (see Housing Laws in the Pipeline)

27 April 2018                            
Postponed second reading of Private Landlords (Registration) Bill (see Housing Laws in the Pipeline)

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Tenancy Management Officer
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Housing Needs Officer
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Under Occupation Officer
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Centrepoint
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Bristol City Council
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Lettings Coordinator
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Private Rent Lettings Coordinator
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Estates Quality Inspector
Hightown Housing Association
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Private Sector Housing Officer
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