14th February 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Grenfell Tower fraudster imprisoned
On 9 February 2018 a fraudster who falsely claimed he was a survivor of the Grenfell tower fire in order to claim money intended for real victims was jailed. He was sentenced at Southwark Crown Court to 21 months in prison. He had been given £12,500 as well as hotel accommodation, food, clothing and laptops after falsely claiming to be a Grenfell resident. For the Crown Prosecution Service report, click here

Landlord possession statistics – England and Wales
On 8 February 2018 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from October to December 2017. Landlord possession claims (31,213) and orders for possession (24,659) were stable compared to the same quarter last year. Warrants of possession (15,528) increased by 9 per cent. Repossessions by county court bailiffs (8,463) were down 7 per cent compared to the same quarter last year. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – England and Wales
On 8 February 2018 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from October to December 2017. Mortgage possession claims (4,346) and orders for possession (2,808) have both decreased by 9 per cent and 5 per cent respectively compared to the same quarter last year. For the statistics (combined with those for landlord possession above), click here

Landlord possession statistics – Wales only
On 8 February 2018 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. There were 1,228 landlord possession claims made during October to December 2017, an increase of 1 per cent on the same quarter of 2016. There were 1,126 landlord possession orders made during the quarter, up by 6 per cent compared with October to December 2016. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – Wales only
On 8 February 2018 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. During October to December 2017, there were 317 mortgage possession claims and 212 mortgage possession orders made, down by 11 per cent and 18 per cent respectively, on the same quarter of 2016. For the statistics (combined with those for landlord possession above), click here

Rough sleeping advisory panel
On 1 February 2018 leading experts from homelessness charities and local government met for the first time as part of the government's new rough sleeping advisory panel. Among the key themes the panel will pursue are: prevention activity to stop people from rough sleeping in the first place; programmes and interventions to target both the drivers of rough sleeping and support vulnerable people at risk of rough sleeping; recovery and long-term support to help people maintain sustainable tenancies; the role of wider society, business, the voluntary sector and the general public to tackle street culture; and better data and clearer accountability to ensure the right structures are in place at the local and national level. For more details, click here For a recent House of Commons Library briefing providing background information on the problem of rough sleeping and outlining Government policy on this issue, click here

Rough Sleeping Action Plan and Housing First – Wales
On 6 February 2018 the Welsh Government published a two year action plan to reduce rough sleeping. The Government said that it reflects the concern at the recent rise in rough sleeping and the priority it gives to reversing this. The action plan has been developed in partnership with stakeholders working with rough sleepers, including Rough Sleepers Cymru and the WLGA. The Government also published Housing First – National principles and guidance for Wales.  The Government expects Housing First to play an increasing role in local approaches to tackling homelessness – and rough sleeping in particular – and should be considered in all local contexts. For the two documents, click here

Rough sleepers count – Wales
On 1 February 2018 the Welsh Government published an annual report including information on the estimated number of persons sleeping rough over a two week period in October 2017. It also covers the number of persons observed sleeping rough on 9 November 2017. Local authorities estimated that 345 persons were sleeping rough across Wales during the two-week period. This is an increase of 10 per cent (32 persons) compared with the exercise carried out in October 2016. Local authorities reported 188 individuals observed sleeping rough across Wales between 10pm on 9 and 5am on 10 November 2017. This was an increase of a third (47 persons) on the previous year. For the full statistics, click here

Housing for older people
On 9 February 2018 the Communities and Local Government Committee published a report which concludes that a national strategy for older people's housing is needed to bring together and improve policy. The report recommends that the wider availability of housing advice and information should be central to the strategy and the existing FirstStop Advice Service should be re-funded by the Government to provide an expanded national telephone advice service. The Committee calls on the Government to recognise the link between homes and health and social care in the forthcoming social care green paper. The Committee also recommends that the National Planning Policy Framework be amended to encourage the development of more housing for older people and that councils identify a target proportion of new housing to be developed for this purpose, as well as publishing a strategy which explains how they intend to meet the housing needs of older people in their area. For the report, click here For a summary, click here For the response of the Local Government Association, click here

Funding for supported housing, refuges and shelters
On 6 February 2018 the Chairs of the Communities and Local Government Committee and Work and Pensions Committee wrote to the Housing Minister to express concerns about the Government's funding plans for supported housing, domestic violence refuges and Sheltered Rent. To read the letter, click here

Universal Credit
On 6 February 2018 the Work and Pensions Committee published its assessment of reviews of Universal Credit, carried out by the Infrastructure and Projects Authority. The Committee states that chronic delays and revisions to the rollout are a recurrent theme through the reports, persisting up to the present day: following the November 2017 Budget, the digital service will be rolled out to ten Jobcentres per month between February and April 2018, compared to over 60 per month on the previous plan, that plan itself one of serial significant revisions to earlier projections. The Committee notes that the Project Assessment Reviews are consistently critical of the Department's failure to set clear criteria for proceeding to the next stage of the UC rollout. For more details, click here

Right to Buy
On 2 February 2018 the Local Government Association reported that new analysis by the organisation reveals almost £3.5 billion in Right to Buy (RTB) discounts have been handed out to council tenants over the past six years. The LGA is warning that the RTB scheme has become unsustainable and risks becoming ‘a thing of the past’ unless councils are given the powers to set discounts locally and replace every home sold. Councils have only been able to replace around a fifth of homes sold since 2011/12, impacting on their ability to provide housing for homeless and vulnerable families. For more details, click here

Homelessness Reduction Act 2017 commencement
The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018 bring the Homelessness Reduction Act 2017 (the Act) into force. Regulation 2 has brought three provisions of the Act into force on 12 February 2018, for the purpose of enabling regulations to be made under provisions inserted by them into the Housing Act 1996. Regulation 3 brings the whole of the Act fully into force on 3 April 2018.Regulation 4 makes transitional and savings provisions to ensure that amendments made by the Act do not apply in relation to an application for assistance made under section 183 of the Housing Act 1996 before 3 April 2018, or to a review requested under section 202(1) of the Housing Act 1996 before that date. For the regulations, click here

Breach of licensing scheme – Brent
Brent Council reports that a landlord has received fines and costs amounting to £7,400 after failing to pay for a £340 five year selective licence. The Council said that it has won 125 prosecution cases against rogue landlords, agents and sub-letters since 2016. The convictions have resulted in more than £730,000 in fines. More than £100,000 worth of civil penalties against rogue landlords, agents and sub-letters have been issued since their introduction in September 2017, with the Council collecting £63,500 of these fines to date. For more information, click here

HOUSING LAWS IN THE PIPELINE
 

Abolition of the Right to Buy and Associated Rights (Wales) Act 2018
This statute received Royal Assent on 24 January 2018. It abolishes the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolishes 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); abolishes 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 encourages 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. For the Act itself, click here

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 was due to (but did not) 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. 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 postponed to 16 March 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 at Stage 1. It has been considered by the Constitutional and Legislative Affairs Committee and the Finance Committee. It is also being considered by the Bill’s Sub-committee. 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. First reading took place on 19 December 2017. Second reading took place on 9 January 2018 when a wide-ranging discussion took place on issues including the impact of domestic abuse and housing insecurity. The committee stage took place on 24 January 2018. For the Bill as introduced, click here For a note of impacts, click here For a House of Lords Library Briefing prepared in advance of the second reading, 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. It is scheduled to receive a second reading on 16 March 2018. The Bill itself is being prepared for publication. To follow progress of the Bill, click here

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HOUSING LAW CONSULTATIONS
 

Park homes legislation
The Mobile Homes Act 2013 made significant changes to the law on park homes. The government gave a commitment to review this in 2017. The review is in the form of a two-part call for evidence. Part 1 was published on 12 April 2017 and called for evidence on fairness of charges, the transparency of site ownership and on experience of harassment. A summary of responses to Part 1 has been published. On 28 November 2017 the DCLG issued a further call for evidence on: how effective local authority licensing has been; how well the procedures for selling mobile homes, making site rules and pitch fee reviews are working; whether “fit and proper” controls need to be applied in the sector; and the appropriate index (CPI or RPI) to be used when carrying out a pitch fee review. The DCLG is also seeking views on the Park Homes Working Group’s recommendations on how local authorities can be assisted further in their licensing functions. The consultation closes on 16 February 2018. For the consultation document, click here

Rent a room relief
Rent a room relief was first introduced in 1992 to incentivise individuals to make spare capacity in their homes available for rent. The government intended this to increase the quantity and variety of low-cost rented housing. In the last 25 years the housing market has changed significantly: there has been an overall growth in the number of people living in the private rented sector, whilst the emergence and growth of peer to peer online marketplaces and digital platforms has made it easier to advertise rooms, putting those with spare accommodation in touch with a global network of potential lodgers. Given the pace and scale of change in the sector, the government wants to explore whether the design of rent a room relief provides the right incentives for the rental market as it exists today. The government is calling for evidence by 23 February 2018. For the consultation document, click here

Draft Order extending coverage of the Freedom of Information (Scotland) Act 2002 to Registered Social Landlords
Following previous consultation on extending coverage of the Freedom of Information (Scotland) Act 2002 (FOISA) to Registered Social Landlords (RSLs) the Scottish Government is now consulting on the terms of a draft order. The draft order proposes to designate RSLs (and RSL subsidiaries) in so far as they undertake functions for which they are already subject to regulation and oversight by the Scottish Housing Regulator. Views are sought on the terms of the order designating RSLs as public authorities for the purposes of FOISA. The consultation will close on 7 March 2018. For the consultation document, click here To respond to the consultation, click here

Domestic Private Rented Sector minimum level of energy efficiency
The government is seeking views on its proposal to amend the domestic Minimum Level of Energy Efficiency Regulations to introduce a capped landlord financial contribution element. This proposal is designed to ‘future-proof’ the regulations and make them as effective as possible, while protecting landlords against excessive cost burdens. With a cost-cap, domestic landlords would only need to see investment in improvements to an EPC F or G rated property up to the value of that cap. The government’s preferred cap level is £2,500 per property. A range of additional, alternative, cap options are set out in the consultation and the associated consultation impact assessment. The consultation is intended for all interested parties including landlords and tenants, local government, energy suppliers, energy assessors, small and large businesses, consumers, and the general public. The consultation will close on 13 March 2018. For the consultation documents, click here

Renting Homes (Wales) Act 2016 – Regulations relating to safeguarding property in abandoned dwellings
The purpose of the regulations is to ensure a contract holder’s personal property is dealt with appropriately by a landlord. The Welsh Government is consulting on: the content of the regulations, including the specific requirements to be placed on landlords; the draft guidance on the regulations; and the draft guidance on section 220 of the Renting Homes (Wales) Act 2016 (abandonment). The consultation closes on 6 April 2018. For the consultation document, click here For details of how to respond, click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

Impact of the Homes (Fitness for Human Habitation) Bill Helen Tucker, partner, Anthony Collins Solicitors 6 February 2018. To read this article, click here

Fire Safety - Who Pays?  Giles Peaker Nearly Legal blog 4 February 2018. To read this article, click here

Biases in Decision Making Tom Stafford Courts and Tribunals Judiciary website 12 February 2018. To read this article, click here.

First dibs on homes: what it means in practice Devonshires Solicitors LLP  12 February 2018. To read this article, click here.

What's new in housing management? Mary Rouse, Wright Hassall LLP 12 February 2018. To read this article, click here

Asylum seekers living in ‘disgraceful, unsafe’ housing, says report Mark Townsend and Elle Ayres Guardian Housing Network 10 February 2018. To read this article, click here

HOUSING LAW DIARY
 

16 February 2018                     
Consultation closes on park homes legislation (see Housing Law Consultations)

23 February 2018                     
Consultation closes on rent a room relief (see Housing Law Consultations)

7 March 2018                           
Consultation closes on draft order extending coverage of the Freedom of Information (Scotland) Act 2002 to Registered Social Landlords (see Housing Law Consultations)

13 March 2018                         
Consultation closes on Domestic Private Rented Sector minimum level of energy efficiency (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week


Housing Options Officer - Fixed Term Contract/Secondment for 2 years

Location: Civic Offices, Guildhall Square, Portsmouth
Salary: Band 07 - £23,398 - £27,668 p.a.
Job Type: Temporary
Job Hours: Full-time
Fixed Term Contract/Secondment for 2 years
37 hours per week
Job Ref no: 1501 – 1789


Portsmouth City Council's Housing Options team works directly with customers to help deal with housing issues and prevent homelessness in the city.  We are a busy front-line service working with customers, many of whom are vulnerable and facing homelessness. We deal with a range of housing issues, giving advice to customers, working to prevent homelessness by assisting people solve their housing need in accordance with the Homelessness Reduction Act 2017 and assessing housing and support needs in line with Portsmouth City Council's Allocations Policy. 

The Job
Based at Housing Options, you will be part of a team which deals with customers both face to face and by telephone.  You will be required to deal with general housing enquiries and help prevent homelessness.  You will work as part of a team, managing a large caseload.   You will make assessments of housing need and work to prevent homelessness and find housing solutions within appropriate timescales. 

You will be interviewing customers about their housing situation, and working with them to produce a plan which will find solutions to their housing issues.  This may involve negotiation with landlords, other housing providers, family members and internal and external agencies.  You will need to ask personal and searching questions and listen carefully to responses so that you fully understand the customer's circumstances.  When you understand the circumstances fully your challenge will be to identify the actions necessary to secure private sector housing.  It will be vital to build an effective working relationship with customers and landlords, and explore all possible housing solutions to help prevent homelessness and the need to move.  

Your work will involve making assessments to determine eligibility for assistance under Homelessness legislation and you will assess housing need and priority for Portsmouth City Council's allocation scheme.  You will need to clearly explain statutory processes and communicate and agree actions with customers and other professionals and external agencies.

You will need to visit customers in their own homes to understand and assess their housing need and also to make assessments of financial circumstances.  You will be required to represent Housing Options at multi agency meetings.   The role involves making appropriate system notes, and producing letters which explain your decisions and the relevant legislation.

For details of this vacancy and the link to apply click here

If you have any questions, or would like an informal chat about the post please contact either Sara Wiltshire or Janice Davis (Senior Housing Options Officers) on 023 9284 1612 or 023 92834126

Closing 2nd March 2018

Applications received after this may not be considered.

Assessment & interview process 15th & 16th March 2018.

 
 
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