HOUSING LAW NEWS & POLICY ISSUES

Homelessness and young people (1)
On 6 November 2018 the Royal Institution of Chartered Surveyors published a paper entitled Solutions to Youth Homelessness. RICS has brought together “the leading thinkers from charities to housing associations, developers to politicians, to present a full range of solutions that tackle the short, medium and long term causes of youth homelessness”. The proposed solutions include: reform of the private rented sector; an overhaul of the support structure provided to young people; new ways to help younger residents sustain tenancies that improves their well-being and mental health; social housing options beyond the traditional; and ways industry can positively help with labour and skills. Recent funding and trials of rent flexibility on mental health and well-being, and contributions such as funding and new policy additions are also discussed. For the paper, click here For a related press release, click here

Homelessness and young people (2)
On 12 November 2018, Centrepoint, the housing charity supporting young people, published a report – Making homeless young people count – which finds that over 103,000 young people in the UK are homeless or at risk. The report states that in the year before the introduction of the Homelessness Reduction Act 2017 (on 3 April 2018), only 35 per cent of young people received an assessment of their housing needs. Centrepoint says that since the Youth Homelessness Databank has revealed that 84,000 young people in England asked for help with homelessness in 2017/18, councils will have a huge increase in work following the imposition of assessment obligations by the 2017 Act.

The charity’s analysis shows that, despite £20 million of ‘new burdens’ funding, over half of councils will not have enough money to carry out the extra assessments, prevention work and relief work. These councils will also need 192 per cent more funding to carry out these duties, representing a shortfall of up to £10 million in the first year.

For the report, click here For a short precis of it, click here

Projects to support domestic abuse survivors
On 10 November 2018 the MHCLG confirmed that 63 projects across England, to be undertaken by councils working with local organisations, will share £22 million to help domestic abuse survivors. The funding will provide tailored support to more than 25,000 survivors and their families, including over 2,200 additional beds in refuges and other safe accommodation. For the announcement of the funding, click here For a full list of projects to which funding has been allocated, click here  

Improving access to social housing for victims of domestic abuse
On 10 November 2018 the MHCLG published statutory guidance for local authorities to improve access to social housing for victims of domestic abuse. This guidance is intended to assist local authorities to ensure that victims of domestic abuse who are living in refuges, and other forms of safe temporary accommodation, are given appropriate priority when they apply for social housing. The guidance follows a consultation exercise. For the guidance, click here For the consultation outcome and summary of responses, click here

Rogue Landlords Enforcement Grant funding
On 8 November 2018 the MHCLG announced an additional £2 million of funding for councils to tackle rogue landlords. Councils will be able to bid for funding to step up enforcement action against irresponsible landlords and to develop and test innovative ways to curb squalid accommodation. The new funding will be used to support a range of projects that councils have said will help them to act against criminal landlords: for example, to build relationships with external organisations such as the emergency services, legal services and local housing advocates. Councils may also decide to support tenants to take action against poor standards through rent repayment orders, or develop digital solutions, helping officers to report back and make decisions quicker. For more information about the funding, click here For the prospectus detailing how local authorities can access the Rogue Landlords Enforcement Grant funding, click here

Combustible materials in the external walls of high-rise residential buildings: letter of response
On 7 November 2018 the Communities Secretary wrote to Steve Reed MP and 19 other Members of Parliament to explain how the scope of the announced ban on combustible materials in the external walls of high-rise residential buildings will deliver building safety together with the action taken since the Grenfell Tower fire through the government’s Building Safety Programme to identify and make buildings safe with ACM cladding. For the letter, click here

Directory of legal aid housing law advisers
On 8 November 2018 the Legal Aid Agency published an updated list of legal aid providers by category of law, including housing law. To access the list, click here

Landlord possession statistics – England and Wales
On 8 November 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 July to September 2018. Landlord possession claims (31,658) and orders for possession (23,630) decreased by 7 and 6 per cent respectively, compared to the same quarter last year. Warrants of possession (15,498) also decreased (by 9 per cent). Repossessions by county court bailiffs (8,138) were down 8 per cent compared to the same quarter last year. For the statistics (combined with those for mortgage possession below), click here

Landlord possession statistics – Wales only
On 9 November 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 1,421 landlord possession claims made during July to September 2018, an increase of 2 per cent on the same quarter of 2017. There were 1,172 landlord possession orders made during the quarter, up by 1 per cent compared with July to September 2017. For the statistics (combined with those for mortgage possession in Wales below), click here

Mortgage possession statistics – England and Wales
On 8 November 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 July to September 2018. Mortgage possession claims (4,901) have increased 3 per cent compared to the same quarter last year. Orders for possession (3,110), warrants issued (3,657) and repossessions (917) have decreased by 8, 13 and 23 per cent respectively compared to the same quarter last year. For the statistics (combined with those for landlord possession above), click here

Mortgage possession statistics – Wales only
On 9 November 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 July to September 2018, there were 324 mortgage possession claims, unchanged on the same quarter in 2017, and 227 mortgage possession orders made, down by 17 per cent, on the same quarter of 2017. For the statistics (combined with those for landlord possession in Wales above), click here

Housing needs of wheelchair users
On 12 November 2018 Abode Impact published the “largest-ever survey” on wheelchair users and their housing needs. It finds:

• There is a chronic lack of wheelchair accessible homes in the private rented sector
• Four in five are currently living in a home that fails to fully meet their needs as a wheelchair user
• 91 per cent have experienced barriers to accessing the PRS
• Wheelchair users report having to be carried downstairs in order to leave their property, and being turned away by estate agents after arriving in a wheelchair.

In response to the demand for accessible rental accommodation, Abode Impact says that it will launch the first accessible housing fund for London next year. The fund will target social impact and financial returns by purchasing one- and two-bedroom newly built accessible homes for private rent. For more information, click here

Landlord fined for ‘beds in sheds’ offences
On 9 November 2018 Ealing Council reported that a Southall landlord had been fined £40,000 (reduced after his guilty plea from £60,000) and ordered to pay full costs of £1,672 and a victim surcharge of £170 after repeatedly ignoring council orders to stop illegally letting an outbuilding at one of his rental properties in the district.  

The case began in 2010, when an Ealing Council investigation established that a garage at the landlord’s property on Trinity Road had been illegally converted into a residence and let to a tenant. The council issued a planning enforcement notice ordering the landlord to undo the conversion, which he ignored. He was convicted and fined, and changed the building back to a garage. An early morning raid on the outbuilding in April 2018 found clear evidence that the garage was again being let as accommodation.   

For more details of the case, click here

Tenant Fees Bill
On 6 November 2018 Generation Rent reported that, during the House of Lords committee stage of the Tenant Fees Bill, which is continuing, the government has agreed that before the report stage it will examine potential loopholes that could leave tenants vulnerable to exploitation. The agreement followed lobbying by Generation Rent, Shelter and Citizens Advice, and amendments by peers including Baroness Grender and Lord Kennedy. For more details of the specific issues and proceedings concerning the Bill, click here

Rights of EU citizens post-Brexit
On 7 November 2018 the Residential Landlords Association reported that the government had responded to a letter from the RLA which called for clarity over the rights of EU nationals to rent property both before and after the UK leaves the EU, including under a no-deal Brexit. In the letter the RLA also called for:

• A commitment from the government that no changes will be made to rights of EU citizens to rent without at least 18 months’ notice to give landlords and tenants plenty of time to prepare.
• Action now to avoid a repeat of the recent concerns around the Windrush Generation by ensuring that EU nationals who have the right to rent can easily prove it to their landlord.

The government’s response states that, until further notice, European Economic Area (EEA) nationals (who have an automatic right to rent under the Immigration Act 2014) will continue to evidence this to landlords and letting agents by using their national passports and ID cards. For the full response, click here For RLA’s explanation of the issues, click here

HOUSING LAWS IN THE PIPELINE

Local Housing Authority Debt Bill
This Bill, which had its first reading in the House of Lords on 4 July 2017, seeks to replace the current regime of limits on local housing authorities’ debt with limits determined by the existing prudential regime for local authority borrowing for non-housing-related purposes. The second reading is yet to be scheduled. For the Bill as introduced, click here To follow progress of the Bill, click here

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 Commons stages on 26 October 2018 and received its first reading in the House of Lords on 30 October 2018. It will receive its second reading on 23 November 2018. For the Bill as introduced in the House of Lords, 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 again and is now due to take place on 23 November 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 again and is now scheduled for 23 November 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 23 November 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. The second reading has been postponed and is now scheduled for 23 November 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 again and is now due to take place on 23 November 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. The second reading has been postponed and is now due to take place on 23 November 2018. For the Bill as introduced, click here 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 23 November 2018. For the Bill as introduced, 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 its second reading on 10 October 2018. The Bill went into committee on 5 November 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. The second reading has been postponed and is now scheduled for 23 November 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 2 where the Equality, Local Government and Communities Committee will consider amendments. Stage 2 consideration will take place in Committee on 29 November 2018. For the Bill, as introduced, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

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

Implementing reforms to the leasehold system
The government is seeking views on how to implement its reforms to the leasehold system in England to improve the housing market for consumers. In December 2017, the government announced it would tackle unfair practices in the leasehold market by introducing legislation to prohibit new residential long leases from being granted on houses, other than in exceptional circumstances, and restrict ground rents in newly established leases of houses and flats to a nominal amount. The consultation sets out how the government intends to make changes and on how it should implement the reforms. This includes understanding circumstances for exemptions and measures to improve how leasehold properties are bought and sold. The consultation also promotes fairness for freeholders and includes proposals to ensure that the charges that freeholders may pay towards the maintenance of communal areas are fairer and more transparent. The consultation closes on 26 November 2018. For the consultation document, click here

Changes to planning policy and guidance including the standard method for assessing local housing need
The publication of new household projections by the Office for National Statistics has led to a significant reduction in the overall numbers generated by the standard method for assessing local housing need. This consultation sets out proposals to update planning practice guidance on housing need assessment to be consistent with increasing housing supply. This consultation also proposes clarifications of national planning policy on:

• housing land supply
• the definition of deliverable
• appropriate assessment.

The consultation closes on 7 December 2018. For the consultation document, click here

Ensuring tenants’ access to gigabit-capable connections
The Department for Digital, Culture, Media and Sport is seeking views on proposals to make it easier for residential and commercial tenants to access high quality and reliable broadband. The government has set a target of making gigabit-capable networks available to 15 million premises by 2025, with nationwide coverage by 2033. This consultation is seeking responses on the following proposals:

• Amending the Electronic Communications Code to place an obligation on landlords to facilitate the deployment of digital infrastructure when they receive a request from their tenants.
• Enabling communications providers to use magistrates’ courts to gain entry to properties where a landlord fails to respond to requests for improved or new digital infrastructure.

The consultation closes on 21 December 2018. For the consultation document, click here

Private shared homeownership: call for proposals
The government would welcome proposals in three categories:

• private shared ownership which would be primarily privately funded
• other private affordable homeownership products which should be primarily privately funded
• other innovative routes into homeownership which do not require government investment but may require the removal of regulatory or other barriers.

Proposals should not rely on government grant funding, government guarantees or developer s106 contributions. The government is particularly interested in private shared ownership proposals where it believes government loan funding will play an important part in removing the risk and financial uncertainty created by staircasing (ie buying extra shares in a shared ownership property).

The consultation closes on 1 February 2019. For the consultation document, click here

Considering the case for a Housing Court: call for evidence - England
On 13th November 2018 The Ministry of Housing, Communities and Local Government published a consultation document seeking views on the experiences of people using courts and tribunal services in property cases, including whether a specialist Housing Court is needed. For further details of the consultation and how to respond click here.

The consultation closes at on 22 January 2019. For the consultation document click here

HOUSING LAW ARTICLES & PUBLICATIONS

Lies, damn lies, and making use of statistics Alex McCallum Shelter blog 9 November 2018 – to read the item click here

Rule changes 'risk new social housing black hole' in England Hilary Osborne, The Guardian 13 November 2018 – to read the article click here

'Mega homes' to be banned in central London as Westminster council sets limit on size of new builds Helena Horton, The Telegraph 13 November 2018 – to read the article click here

Half of young people facing homelessness denied help – report Patrick Butler, The Guardian 11 November 2018 – to read the article click here

Jeremy Corbyn says 'scourge' of homelessness among armed forces veterans must end Ashley Cowburn, The Independent 11 November 2018 – to read the article click here

Councils face £10m shortfall to help homeless young people Laura Sharman, LocalGov  12 November 2018 – to read the article click here

Challenges for homeless sector staff providing end of life care Niamh Brophy,homeless link – to read the article click here

HOUSING LAW DIARY

20 November 2018                               
Law Commission consultation on leasehold enfranchisement closes (see Housing Law Consultations)

23 November 2018                               
Second readings in the House of Commons 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

23 November 2018                               
Second reading in House of Lords of Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline)

26 November 2018                               
Consultation closes on Implementing reforms to the leasehold system (see Housing Law Consultations)

29 November 2018                               
Stage 2 consideration of Renting Homes (Fees etc.) (Wales) Bill (see Housing Laws in the Pipeline)

7 December 2018                                 
Consultation closes on Changes to planning policy and guidance including the standard method for assessing local housing need (see Housing Law Consultations)

14 December 2018                               
Consultation closes on Implementing changes to the park home commission rate – Wales (see Housing Law Consultations)

19 December 2018                               
Consultation closes on Housing adaptations service standards – Wales (see Housing Law Consultations)

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