HOUSING LAW NEWS & POLICY ISSUES

New Ministry of Housing, Communities and Local Government
On 8 January 2018 the government announced that the department formerly known as Communities and Local Government would be renamed the Ministry of Housing, Communities and Local Government (MHCLG). Sajid Javid MP has been appointed the Secretary of State for Housing, Communities and Local Government. Dominic Raab is the new Minister of State for Housing and Planning. Mr Javid said: “Building the homes our country needs is an absolute priority for this government and so I’m delighted the Prime Minister has asked me to serve in this role. The name change for the department reflects this government’s renewed focus to deliver more homes and build strong communities across England.” For details of all the ministerial appointments, click here

HMOs and residential property licensing
On 28 December 2017 the government announced a raft of measures to crack down on bad practices, stamp out overcrowding and improve standards for those renting in the private sector. Then Housing Minister Alok Sharma set out how, subject to parliamentary clearance, landlords renting properties in England occupied by five or more people, from two or more separate households will need to be licensed. For the announcement, click here For the government’s response to the recent consultation on the matter, click here

Banning order offences under the Housing and Planning Act 2016
On 28 December 2017 the government published its response to the consultation on proposed banning order offences under the Housing and Planning Act 2016. There was strong support across the sector for the proposed banning order offences. There was slightly less support for the proposal to make immigration offences banning order offences and the suggestion that there should be a link between the property or tenant and the offence but, in both cases, a clear majority of respondents supported the proposals. Consequently, the government will proceed to make regulations specifying that the offences proposed in the consultation document, together with the further offences referred to in this document, are to be regarded as banning order offences for the purposes of the 2016 Act. For the response document, click here

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill
On 14 January 2018 the Secretary of State for Housing Sajid Javid confirmed government support for Karen Buck’s Private Member’s Bill which is intended to protect tenants in both the social and private rented sectors. For details of the announcement, click here For the response of Shelter, click here For details of the Bill itself, see Housing Laws in the Pipeline. For a House of Commons Library research briefing on the Bill, click here

Help to Buy: ISA scheme
On 11 January 2018 HM Treasury published statistics showing that since the launch of the scheme 106,612 property completions have been supported by the scheme. 143,894 bonuses have been paid through the scheme with an average bonus value of £725. The highest proportion of property completions with the support of the scheme has been in the North West, and Yorkshire and The Humber, with a lower proportion in the North East and Northern Ireland. For the statistics, click here

Help to Buy: Equity Loan scheme and Help to Buy: NewBuy
On 11 January 2018 the Ministry of Housing, Communities & Local Government published statistics showing that since the launch of the Help to Buy: Equity Loan scheme 144,826 properties have been bought with an equity loan. The total value of these equity loans has been £7.39 billion, with the value of the properties sold under the scheme totalling £35.31 billion. Most of the home purchases in the Help to Buy: Equity Loan scheme have been made by first time buyers, accounting for 116,898 (81 per cent) of total purchases. For the Help to Buy: NewBuy scheme, 5,694 house purchases were made since the launch of the scheme in March 2012. There were no new transactions in Q3 2017 due to the scheme closing to new mortgage offers on 8 March 2015. For the statistics, click here

Homes England
On 11 January 2018 Housing Secretary Sajid Javid launched a new national housing agency – Homes England. It is the successor to the Homes and Communities Agency. The new agency is intended to “play a major role in securing land in areas where people want to live, support smaller and more innovative house builders into the market and resource brownfield sites from across the country to deliver homes for families.” For more details, click here For the response of CIH, click here

Action against unfair and abusive practices within the leasehold system
On 21 December 2017 Communities Secretary (as he was then described) Sajid Javid announced new measures to cut out unfair and abusive practices within the leasehold system, including a ban on leaseholds for almost all new build houses. Changes will also be made so that ground rents on new long leases – for both houses and flats – are set to zero. The government says that it will also make it cheaper and easier for existing leaseholders to buy-out their freehold and there will be better information available about redress for those consumers who face the most onerous terms. For the announcement, click here

Statutory homelessness and homelessness prevention and relief: England
On 14 December 2017 the DCLG published statistics showing that between 1 July and 30 September 2017 local authorities accepted 15,290 households as being statutorily homeless, up 6 per cent from 14,390 on the previous quarter and up 2 per cent from 14,930 on the same quarter of last year. On 30 September 2017 the number of households in temporary accommodation was 79,190, up 6 per cent from 74,750 at the same date last year, and up 65 per cent on the low of 48,010 on 31 December 2010. Local authorities took action to prevent and relieve homelessness for 52,190 households between 1 July and 30 September 2017, down 1 per cent on 52,880 in the same quarter of 2016. For the full statistics, click here

Homelessness
On 20 December 2017 the Commons Public Accounts Committee published a report concluding that there is an urgent need for joined-up strategy to help people and address underlying causes of homelessness. The report stated that the DCLG’s attitude to reducing homelessness has been unacceptably complacent. The limited action that it has taken has lacked the urgency that is so badly needed and its “light touch” approach to working with the local authorities tackling homelessness has clearly failed. The Committee considered that the Department had placed great reliance on the new Homelessness Reduction Act to provide the solution to homelessness. While this new legislation will no doubt help, it cannot be successful unless it is matched by a renewed focus across government on tackling the twin issues of both the supply and affordability of decent housing, which underlie the causes of homelessness. For the report, click here For a summary, click here For the report’s conclusions and recommendations, click here For the Local Government Ombudsman’s response, click here

Universal Credit: removal of automatic entitlement to housing costs for 18 to 21 year olds
On 11 January 2018 the Department for Work and Pensions published statistics showing that 96 per cent of 18-21 year olds who applied for support for housing costs were awarded it. 50 per cent of claimants aged 18-21 awarded support for housing costs in UC had dependent children, which exempts claimants from the policy. For the full statistics, click here

Law Commission projects
In its 13th Programme of Law Reform, launched in December 2017, the Law Commission announced that it would immediately start work addressing three issues identified as priority areas by (what was then) the Department for Communities and Local Government: (1) Commonhold: a form of ownership allowing a person to own the freehold of a flat and become a member of a commonhold association managing the communal areas. The Commission will review why commonhold has failed and consider what reforms are necessary to the law to enable it to operate successfully; (2) Enfranchisement: this is the right of a leaseholder to purchase the freehold or a lease extension. The Commission will look at ways to simplify the procedure and make the valuation fairer and more transparent; (3) Regulation of managing agents: the scope of the work will be decided following the DCLG’s recent call for evidence. The Commission also proposes to examine unfair terms in residential leasehold as and when resources allow. For the 13th programme, click here and scroll to pages 18 and 21.

Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018
These Regulations, which come into operation on 26 January 2018, amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 to make changes to the manner in which a local housing allowance is determined. For the 2018 Regulations, click here

Private landlords and property sales
On 11 January 2018 the National Landlords Association reported the results of their latest landlords poll which, it says, shows that 20 per cent of its members plan to reduce the number of properties in their portfolio in the next year – the highest level of intended property sales in 10 years. The NLA believes this is due to recent tax changes, and has created a series of videos to assess and explain the impact of these changes on landlords and tenants. For more details, click here

Affordable housing demand – Salford
On 10 January 2018 Salford City Council reported that demand for affordable housing is so high in Salford that 28 people are bidding for every property that becomes available. This is despite another new 461 affordable properties having been made available in the last year. The report says that although 17 per cent of new homes provided in Salford last year by developers, landlords and housing associations were affordable the city still needs 760 new affordable homes each year to meet need. For the report, 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

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill seeks to abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolish 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); abolish 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 encourage 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. Stage 4 was completed on 5 December 2017. Letters patent for the Bill have been submitted to Her Majesty The Queen for Royal Assent. For progress of the Bill (including the committees’ scrutiny), the text of the Bill itself and explanatory memorandum, together with proceedings and reports of the various committees, click here and scroll down.

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. 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 The second reading is due to take place on 19 January 2018. 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. 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 is scheduled for 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

HOUSING LAW CONSULTATIONS

Funding for supported housing – two consultations
On 31 October 2017 the DCLG launched two consultations: one on housing costs for sheltered and extra care accommodation, and one on housing costs for short-term supported accommodation. Both of these consultations seek the views on the design of the government’s new supported housing funding models which relate to England only, though the DCLG would nevertheless welcome comments from responders across Great Britain. The government is seeking views on the funding models from the sector, providers, commissioners and residents alike. Both consultations close on 23 January 2018. For the consultation documents, click here

Possible changes to costs in leasehold cases and residential property cases
On 9 November 2017 the Tribunal Procedure Committee published a consultation seeking views as to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 in relation to the question of placing a cap or caps on costs recoverable under the costs provisions in leasehold and residential property cases. The consultation closes on 1 February 2018. For the consultation document, click here

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

HOUSING LAW ARTICLES & PUBLICATIONS

Fire safety and housing in 2018: the big issues Debbie Larner [2018] CIH Online Blog 16 January. To read this article, click here

A renamed ‘Ministry for Housing’ but the revolving door of housing ministers keeps on spinning Lewis Johnston [2018] RICS Online 16 January. To read this article, click here

Top five things to look out for in housing in 2018 Melanie Rees [2018] CIH Online Blog 15 January. To read this article, click here

We need to rethink the way we deal with homelessness Faye Greaves [2018] CIH Online Blog 15 January. To read this article, click here

Fitness for Habitation – now with Govt support Giles Peaker [2018] Nearly Legal 13 January. To read this article, click here

Rogue landlords making millions out of housing benefits Tom Wall [2018] Guardian 13 January. To read this article, click here

Beach huts: chattels, leases, estoppel [2017] Nearly Legal 13 January. To read this article, click here

Fitness for Human Habitation: The countdown begins… Poppy Terry [2018] Shelter Blog 12 January. To read this article, click here

Rats, mould and broken furniture: the scandal of the UK's refugee housing John Harris [2018] Guardian 10 January. To read this article, click here

A fork in the road: the Letwin review Steve Akehurst [2018] Shelter Blog 10 January. To read this article, click here

Migrant homelessness: the stark reality of destitution in England Patrick Duce [2018] Homeless Link 8 January. To read this article, click here

Protection from neighbours – no duty Giles Peaker [2018] Nearly Legal 7 January. To read this article, click here

It’s cold outside Clara Zang [2017] LAG Housing Law 17 December. To read this article, click here.

HOUSING LAW DIARY

19 January 2018                       
Second reading of Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill (see Housing Laws in the Pipeline)

23 January 2018                       
Two consultations close on funding for supported housing (see Housing Law Consultations)

24 January 2018                       
Committee stage of Secure Tenancies (Victims of Domestic Abuse) Bill (see Housing Laws in the Pipeline)

1 February 2018                       
Consultation closes on possible changes to costs in leasehold cases and residential property cases (see Housing Law Consultations)

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

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk

RECRUITMENT

Featured Job of the Week


Housing Options Officer
Crawley Borough Council

Permanent Position

Job Share Basis 18.5 Hours a Week - Monday to Wednesday (AM) or Wednesday (PM) to Friday.

Career Grade F/G/H £23,183 - £31,845 (Pro-Rata), depending on experience and qualifications plus Casual Car User Allowance and Out of Hours Allowance.

The Housing Options Officers are responsible for preventing homelessness, relieving homelessness and investigating and assessing the Council’s duties to customers who are homeless or threatened with homelessness under its statutory duties. 

We are looking for a pro-active individual who is able to take an innovative approach to problem solving, is an effective negotiator and can provide a high quality of service to customers with housing problems.  An ability to communicate clearly and effectively to customers, landlords, accommodation providers, partner organisations and other professionals whilst providing a high quality of service and customer care to all groups of the community is essential. 

You will need to be efficient and effective in extracting relevant information from customers to produce accurate written assessments and housing plans in plain English so that customers are clear on the steps that both they and the Council will be taking and expected to take to resolve their housing situation.

An up to date knowledge on landlord and tenant law, debt advice, income maximisation alongside effective homeless prevention initiatives including the council’s Housing Allocations Scheme, experience of processing homeless applications made under Part VII of the Housing Act 1996 (as amended) to produce clearly detailed and robust written s184 decisions in accordance with current legislation and case law will be an advantage. 
Whilst previous experience of front line interviewing within a demanding environment, applying the Housing Act 1996 Part VII, the Homelessness Act 2002, the Localism Act 2011 and related legislation is desirable, full training will be provided to the right candidate who can demonstrate the qualities and skills required for this role. 
In return we offer excellent working conditions, a tailored induction and training programme, flexible working hours as well as an attractive pension scheme.

Closing date: Wednesday 31st January 2018

Proposed interview date: Tuesday 13th February 2017

Please quote reference: ES38(B)

For further information and to apply online, visit our website at
www.crawley.gov.uk/careers  
CVs will not be accepted without a fully completed application form.

Hackney Council
Click here for details

Hackney Council
Click here for details

Charnwood Borough Council
Click here and insert Housing in the Job Title field for details

Housing Options Manager

Three Rivers District Council
Click here for details

Brighton & Hove City Council
Click here for details

Dacorum Borough Council
Click here for details

3 year fixed term contract
Bristol City Council
Click here for details

Bristol City Council
Click here for details

Cherwell District Council
Click here for details

Bristol City Council
Click here for details

Charnwood Borough Council
Click here and insert Housing Standards in the Job Title field for details

Borough Council of King's Lynn & West Norfolk
Click here for details

(18 month fixed term contract)
North Hertfordshire District Council
Click here for details