17th October 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Homelessness
On 10 October 2018 the MHCLG launched a £20 million fund – the Private Rented Sector Access Fund – which will allow councils to put in place new schemes so that those at risk of homelessness will have support to secure their own tenancy. The fund is designed to help up to 9,000 people who are, or are at risk of becoming, homeless and is modelled on evidence provided from the programme run by Crisis which supported schemes to help homeless people into thousands of private rental tenancies. For the announcement of the fund, click here For guidance relating to the application procedure for local authorities, click here For the response of the Local Government Association, click here For the response of the National Landlords Association, click here

Property agent standards
On 12 October 2018 the Housing Minister Heather Wheeler announced plans to raise standards across the property agent sector. A new working group, chaired by Lord Best, will make recommendations to better support homebuyers, sellers, landlords, leaseholders and tenants. The options will include regulation and the introduction of mandatory qualifications for all property agents so that “tenants, homebuyers and sellers can be confident they are getting a professional service and are being charged fairly”. The group will report their findings to government by summer 2019. For more details, click here

Unfair leasehold practices: consultation announced
On 14 October 2018 the MHCLG announced that, subject to consultation, the “vast majority of new-build houses” are to be sold as freehold in an effort to tackle unfair practices in the leasehold sector. Communities Secretary James Brokenshire is to launch a consultation on plans to improve the leaseholder sector for would-be home owners, which is intended to bring an end to the unjustified selling of new houses as leasehold. The consultation will also propose that ground rents for new leases be capped at £10. On average, leaseholders pay over £300 ground rent each year, with some paying as much as £700. For the announcement, click here

Universal Credit: landlord request for a managed payment or rent arrears deduction
On 12 October 2018 the DWP published an updated version of the landlord application for a managed payment or rent arrears deduction. Recent updates have amended the link to 'Personal Budgeting Support and Alternative Payment Arrangements' guidance and added new versions of the English UC47 forms to the online service. Changes include: an option for landlords to give their email address, an option for a phone number preference, removal of a tick box asking what the landlord is requesting and some style changes. For the latest version, click here For updated guidance for landlords reflecting these changes, click here  

Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No. 2) Regulations 2018
These regulations, which come into force on 1 November 2018, amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 so that there is prescribed an additional class of persons who are eligible for an allocation of housing or homelessness assistance under the 1996 Act. These persons are those who are habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who have Calais leave to remain under paragraph 352J of the Immigration Rules. The expression ‘Calais leave’ is defined in the Immigration Rules at rule 352J. For the 2018 regulations, click here For the 2006 regulations, click here

Grenfell Tower
On 15 October 2018 Housing Secretary the Rt Hon James Brokenshire MP and the Minister for Grenfell Victims the Rt Hon Nick Hurd MP wrote to Grenfell United following concerns about the possibility of soil contamination. For the letter click here

Empty Homes Week
Empty Homes has published – to coincide with Empty Homes Week (15 to 21 October) – its 2018 edition of Empty Homes in England which analyses and explains the latest official data available on long-term empty homes in England. There are still over 200,000 long-term (more than six months) empty homes in England with an increase of over 5,000 recorded by local authorities in the year to October 2017. For the report, click here For more information about Empty Homes Week, click here

Military housing
On 10 October 2018 Defence Minister Tobias Ellwood announced, in a written statement to the House of Commons, that a planned pilot for the future accommodation model (FAM), previously scheduled to be run towards the end of this year, will now take place in 2019. The Minister said:
“This will allow the Ministry of Defence additional time to fully evaluate the scope of the pilot and better understand its impact on service personnel, with a view to delivering the most effective model. The pilot, in 2019, will also allow us to continue to work closely with broader departmental and cross-Whitehall initiatives to support service personnel accommodation.”
For the written statement, click here

Poor quality housing in the North of England
On 10 October 2018 the Northern Housing Consortium published a report – The Hidden costs of Poor Quality Housing in the North, commissioned by the NHC and written by the Smith Institute – which found that nearly one million owner-occupied homes in the North fail to meet the decent homes standard, in addition to 354,000 private rented sector properties. The NHC calls for increased home improvement grants under a new Decent Private Homes programme and new devolution housing deals, part funded by the savings gained from housing improvements and a creative approach to help people to stay in improved homes or be given the choice to move to a property that better suits their needs. For more details of the report, click here For the report itself, click here

Homes for Good: campaign launched by St Mungo’s
On 10 October 2018 St Mungo’s launched a new campaign to prevent more people returning to rough sleeping. The charity notes that the number of people rough sleeping in England has more than doubled since 2010 and that more people than ever are returning to rough sleeping after time away from the streets.

St Mungo’s is launching a new campaign, Home for Good, calling on the government to put an end to rough sleeping by ensuring that everyone gets the long-term housing and support they need to rebuild their lives away from the street ‘for good’. The charity is asking people to sign an open letter to James Brokenshire, the Secretary of State for Housing, Communities and Local Government which was written with a former St Mungo’s client.

For more details of the campaign, click here

Departmental overview: Ministry of Housing, Communities and Local Government 2017-18
On 11 October 2018 the National Audit Office published an overview of the MHCLG. It is designed to provide a quick and accessible overview of the Department and its performance over the last year. The report focuses on the Department’s responsibilities and how it spends its money, key developments in its areas of work and findings from the NAO’s recent reports. For the overview, click here

Universal Credit and rent arrears
On 12 October 2018 the Residential Landlords Association published research which states that almost two-thirds of private landlords with tenants receiving Universal Credit have experienced them going into rent arrears. This is up from 27 per cent in 2016. The research found that on average Universal Credit tenants in rent arrears owed almost £2,400, a 49 per cent increase compared to last year.

Over half (53 per cent) of landlords with tenants on Universal Credit applied for direct payment to be made to them instead of to the tenant, known as an Alternative Payment Arrangement (APA). Where successful it took, on average, over two months for this to be organised, on top of the two months arrears already accrued. This has caused arrears to build up substantially.

For more information, click here For the research, click here

Recognising residents’ associations, and their power to request information about tenants
On 15 October 2018 the MHCLG published its response to the consultation related to proposed secondary legislation under section 29A Landlord and Tenant Act 1985 - Tenants’ Associations: power to request information about tenants. The government considers that new means by which leaseholders may come together and form recognised tenant associations will make it quicker and easier to gain official recognition of a residents’ association. This will help leaseholders enforce their collective rights more effectively and scrutinise the management and services in their development more closely. The new measures will:

  • require landlords to disclose contact details of consenting qualifying leaseholders to the secretary of a residents’ association
  • reduce the membership threshold required to form a recognised tenants’ association to 50% of eligible leaseholders.

The publication also responds to the 2015 coalition government discussion paper Residential leasehold and recognised tenants’ associations – non statutory guidelines. This sought views on the membership threshold and other rules concerning recognised tenants’ associations, as set out in non-statutory guidance.

For the response document, click here For the 2015 discussion paper, 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 committee stage on 20 June 2018 (when its original title was simplified to that above) and will have its report stage on 26 October 2018. For the Bill as amended in committee, click here For a House of Commons Library research 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 and is now due to take place on 26 October 2018. To follow progress of the Bill, click here

Mobile Homes and Park Homes Bill
This is a Private Member’s Bill introduced in the House of Commons, also by Christopher Chope. It is intended to require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; to make provision in relation to the residential status of such homes; to amend the Mobile Home Acts; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed until 26 October 2018. To follow progress of the Bill, click here

Affordable Home Ownership Bill
This Bill was introduced to Parliament on Tuesday 24 October 2017, also by Christopher Chope, under the Ten Minute Rule and is a Private Member’s Bill. It was said by him to make provision for affordable home ownership; to require the inclusion of rent to buy homes in the definition of affordable housing; to make provision for a minimum proportion of new affordable housing to be available on affordable rent to buy terms; to provide relief from stamp duty when an affordable rent to buy home is purchased; and for connected purposes. The Bill itself has not yet been published. Its second reading has been postponed to 26 October 2018. To follow progress of the Bill, click here

Creditworthiness Assessment Bill
This Private Member’s Bill was introduced by Lord Buck and had its second reading in the House of Lords on 24 November 2017. The Bill would require certain matters (including rental payment history) to be taken into account when assessing a borrower’s creditworthiness. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018 and is due to have its second reading on 26 October 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 to 26 October 2018. For the Bill, as introduced, click here To read the debate on introduction of the Bill, click here To follow progress of the Bill, click here

Leasehold Reform Bill
This Bill, introduced to Parliament on 7 November 2017 under the Ten Minute Rule and sponsored by Justin Madders, makes provision about the regulation of the purchase of freehold by leaseholders; to introduce a system for establishing the maximum charge for such freehold; to make provision about the award of legal costs in leasehold property tribunal cases; and to establish a compensation scheme for cases where misleading particulars have led to certain leasehold agreements. It is scheduled to receive a second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here

Homelessness (End of Life Care) Bill
This Bill, sponsored by Sir Edward Davey, was introduced to Parliament on 7 February 2018 under the Ten Minute Rule. It makes provision about end of life care and support for homeless people with terminal illnesses, including through the provision of housing for such people. The Bill’s second reading has been further postponed to 26 October 2018. For the Bill as introduced, click here To follow progress of the Bill, click here

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill
This government Bill was given its first reading in the House of Commons on 28 March 2018. It makes provision, where two or more hereditaments occupied or owned by the same person meet certain conditions as to contiguity, for those hereditaments to be treated for the purposes of non-domestic rating as one hereditament; and to increase the percentage by which a billing authority in England may increase the council tax payable in respect of a long-term empty dwelling. The Bill has completed its passage through the House of Commons and the House of Lords where amendments were tabled at third reading. The Commons was due to consider those amendments on 16 October 2018. For those amendment, click here For the government’s announcement of the Bill, click here For the government’s announcement of its latest proposed amendments, click here To follow progress of the Bill, click here

Tenant Fees Bill
This government Bill makes provision for prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; makes provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; and amends the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents and the provisions of the Housing and Planning Act 2016 about client money protection schemes. 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 will go 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 and is due to receive its second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here

Renting Homes (Fees etc.) (Wales) Bill
This Welsh Government Bill includes provision for: prohibiting certain payments made in connection with the granting, renewal or continuance of standard occupation contracts; and the treatment of holding deposits. The Bill is currently at Stage 1 and the Equality, Local Government and Communities Committee is taking oral evidence. For the Bill, as introduced, associated information and to follow its progress, click here

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HOUSING LAW CONSULTATIONS
 

Consultation on A new deal for social housing green paper
The social housing green paper proposes to ensure social homes provide an essential, safe, well managed service for all those who need it. The government says that it will consider how it can re-balance the relationship between residents and landlords to ensure issues are resolved swiftly and residents’ voices are heard. To support this vision there is, in the government’s opinion, a powerful case to be made for strengthening the regulatory framework so that it not only focuses on the governance and financial viability of housing associations, but also on how residents are treated and the level of services they should expect. The government seeks to address the stigma that for too long has been associated with social housing and on which residents all around the country have voiced their concern. The green paper seeks views on the government’s vision for social housing providing safe, secure homes that help people get on with their lives. The consultation closes on 6 November 2018. To access the green paper, click here To respond online, click here

Review of social housing regulation: call for evidence
The social housing green paper set out the government’s intention to carry out a review of regulation of social housing to ensure it remains fit for purpose, reflects changes in the social housing sector and drives a focus on delivering a good service for residents. This call for evidence asks for information on how the regulatory regime is meeting its current objectives – both what works well and what does not. It marks, together with questions in the green paper, the first stage in the review process. The government says that it is keen to hear from a wide range of interested parties including residents, landlords and lenders. The consultation closes on 6 November 2018. For the consultation document, click here To respond online, click here

Rents for social housing from 2020-21
The MHCLG is seeking views on a proposed direction to the Regulator of Social Housing from the Secretary of State to the Regulator of Social Housing to ensure that, from 2020 onwards, the Regulator’s rent standard:

  • reflects the Ministry’s announcement in October 2017 that it intends to permit registered providers to increase their rents by up to CPI+1% each year, for a period of at least 5 years; this announcement recognised the need for a stable financial environment to support the delivery of new homes;
  • applies to local authority registered providers (as well as to private registered providers), to reflect the roll out of Universal Credit.

The direction also sets out the basis on which social rents and affordable rents are set.

The consultation closes on 8 November 2018. For the consultation documents and to respond to the consultation, click here

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

HOUSING LAW ARTICLES & PUBLICATIONS
 

Thousands fleeing domestic violence face squalid housing Sarah Marsh and Hannah Mays, The Guardian 14 October 2018 – to read the article click here

Shelter services - our view on benefit discrimination Stanley Harvey, Shelter blog 11 October 2018  – to read the blog item click here

Late, later, too late Giles Peaker, Nearly Legal Blog 10 October 2018 – to read the blog entry click here

Plans to make new homes freehold unveiled  Steve Bird, The Telegraph 13 October 2018 – to read the article click here

HOUSING LAW DIARY
 

26 October 2018                                   
Report stage scheduled for Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline)

26 October 2018                                   
Second readings 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

1 November 2018                                 
Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018 come into force

1 November 2018                                 
Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No. 2) Regulations 2018 come into force

5 November 2018                                 
Tenant Fees Bill due to enter committee stage (see Housing Laws in the Pipeline)

6 November 2018                                 
Consultation closes on A new deal for social housing green paper (see Housing Law Consultations)

8 November 2018                                 
Consultation closes on rents for social housing from 2020-21 (see Housing Law Consultations)

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

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RECRUITMENT

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Housing Supervisor


Salary: Up to £35,000 p.a. + generous terms and conditions. 

Tower Hamlets Law Centre helps some of the most vulnerable people in London’s East End. Since our foundation in 1975, we have earned a fine reputation amongst our clients and supporters as skilled and determined legal advisers to the local community. 

We are seeking a supervisor to lead our busy housing team and help us to build it for the future. You’ll need to have at least three years full-time recent experience of housing law casework and representation, covering a wide range of cases and meeting the LAA supervisor standard for housing law. Just as important, you’ll be an effective manager of others with a collaborative approach to your work. 

Please email recruitment@thlc.co.uk to request an application pack. 

Closing date for applications: Sunday 4 November 2018

 
 
Housing and Domestic Violence & Abuse Specialist
Islington Council
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Housing Options Officer
Waverley BC
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