HOUSING LAW NEWS & POLICY ISSUES

Homelessness among refugees
On 17 July 2018, the House of Commons was due to hold a Westminster Hall debate on homelessness among refugees, sponsored by Kate Green MP. The House of Commons Library has published some background to this debate, including information on housing support for people once they obtain refugee status, and some of the barriers they may face. For this short briefing, click here

Grenfell Tower fire – minister questioned on Government support for residents
On 10 July 2018 the Housing, Communities and Local Government Committee heard from Nick Hurd MP, Home Office Minister responsible for Grenfell Tower victims work, on rehousing and other support provided by the Council and Government, and other local residents’ associations and other groups related to the Grenfell Tower fire. For more details and to view the session, click here

Local Government and Social Care Ombudsman’s annual report
On 12 July 2018 the Ombudsman published its annual report. It shows that in 2017-18 19,215 complaints and enquiries were received. Of these, 12% related to housing issues in which the Ombudsman made 778 decisions. During the year the Ombudsman published 42 public interest reports of which seven related to homelessness issues. For the report, click here

Leasehold and commonhold reform
On 13 July 2018 the House of Commons Library published a briefing paper considering recent trends in leasehold ownership and ongoing problems associated with the sector. The Government set out some proposals for reform on 21 December 2017. The Law Commission is now working towards the development of additional proposals for publication before the summer recess 2018. For the briefing, click here For details of the Law Commission project, click here

English Housing Survey
The English Housing Survey is a continuous national survey commissioned by the MHCLG. It collects information about people’s housing circumstances and the condition and energy efficiency of housing in England. The latest survey covers the period 2016 to 2017. Reports relating to specific aspects of housing are set out below. For more general information about the English Housing Survey, click here

English Housing Survey 2016 to 2017 – social and private renters
On 12 July 2018 the MHCLG published demographic and economic data on social and private renters, including tables on: demographic and economic characteristics of renters; accommodation characteristics; rents and housing benefit; and types of letting. To access the data, click here

English Housing Survey 2016 to 2017 – attitudes and satisfaction
On 12 July 2018 the MHCLG published data on levels of public satisfaction with housing and community issues, including tables on: satisfaction with local area and accommodation; problems in local area; feelings of safety in home and local area; and satisfaction with landlord repairs and maintenance. To access the data, click here

English Housing Survey 2016 to 2017 – new households and recent movers
On 12 July 2018 the MHCLG published data on the mobility, demographics and tenancies of new households and ones that have recently moved, including tables on: mobility among all households; length of residence; demographic characteristics of movers; movement between tenures; movement into and out of tenures; and tenancy deposits. To access the data, click here

English Housing Survey 2016 to 2017 – private rented sector
On 12 July 2018 the MHCLG published a report on the private rented sector. The report shows that in 2016-17, 4.7 million households were renting in the private sector. This represents 20% of all households in England. The sector has more than doubled in size since 1996-97. The sector grew a little between 1996-97 and 2006-07, but growth accelerated after 2006-07, with over two million additional households added to the sector. However, growth appears to have slowed in more recent years. For the full report, click here

English Housing Survey 2016 to 2017 – social rented sector
On 12 July 2018 the MHCLG published a report on the characteristics and circumstances of social renters in England. In 2016-17, 3.9 million households in England were renting in the social sector. This represents 17% of all households. The social rented sector is the smallest tenure, after the private rented (20% of all households) and owner occupied (63%) sectors.

Fifty per cent of households in the social rented sector had at least one member with a long-term illness or disability. This is noticeably higher than in other tenures: 29% of owner occupier households and 23% of private renter households fell into this category.

For the full report, click here

English Housing Survey 2016 to 2017 – tenure trends and cross-tenure comparisons
On 12 July 2018 the MHCLG published data on: tenure trends at national and regional levels; cross-tenure comparisons of characteristics of households and their accommodation; overcrowding and under-occupation; and need for specially adapted accommodation. To access the data, click here

English Housing Survey 2016 to 2017 – owner occupiers, recent first time buyers and second homes
On 12 July 2018 the MHCLG published data on: trends in ownership; types of purchase; recent first-time buyers; types of mortgage; mortgage payments; leaseholders; moves out of owner occupation; and second homes. To access the data, click here

English Housing Survey 2016 – stock condition
On 12 July 2018 the MHCLG published  a report on the condition of housing stock in England, how this has changed over time, and how poor housing is distributed by tenure and household type. In 2016, 56% of the English housing stock was built prior to 1965. The age of dwellings varied by tenure. For example, dwellings in the private rented sector tended to be older, with a third (35%) built before 1919 compared with 21% of owner occupied and 7% of social rented homes. The majority (92%) of owner occupied homes were houses or bungalows (compared with 63% of private rented and 54% of social rented stock). There were very few detached houses in the social (less than 1%) or private rented sectors (6%), but a quarter (25%) of owner occupied homes were detached.

In 2016, a fifth of dwellings (20% or 4.7 million homes) failed to meet the Decent Homes Standard, down from 35% (7.7 million homes) in 2006. The private rented sector had the highest proportion of non-decent homes (27%) while the social rented sector had the lowest (13%); 20% of owner occupied homes failed to meet the standard in 2016.

For the report, click here

English Housing Survey 2016 to 2017 – fire and fire safety
On 12 July 2018 the MHCLG published a report on fire incidents, fire safety equipment and fire hazards in different types of households and dwellings in England. In 2016-17, 332,000 households in England had experienced a fire at home in the last two years. In the majority of these households, the fire was put out by someone in the household, or the fire went out by itself. A quarter (25%) of fires were put out by the fire and rescue services. Most fires started inside the house or flat (86%); 14% started outside (e.g. in the garden or communal area). Of those fires that started inside the house or flat, two thirds (67%) started in the kitchen. It is therefore not surprising that fires in the home were most commonly caused by cooking related activities, such as a grill or chip pan catching fire.

For the report, click here

Social landlord housing sales – Wales
On 12 July 2018 the Welsh Government published an annual report including information on the number of social landlord housing sales in Wales and their impact on dwelling stock. It covers sales of local authority dwellings and sales of Registered Social Landlord (RSL) dwellings. In particular:

• During 2017-18, the number of sales decreased by 8 per cent, compared to the previous year, to 538.
• Local authority sales were down by over a fifth (21 percent) to 119 dwellings during 2017-18. Sales of RSL dwellings were down by 3 per cent (to 419 dwellings).
• Since 2008-09, the majority of all social landlord housing sales have been by RSLs. During 2017-18, RSL sales accounted for over three quarters (78 per cent) of all social landlord housing sales.
• ‘Voluntary and Other’ sales (including extra care housing) accounted for over half (56 per cent) of all sales for the second year running. This varied by landlord type, with statutory sales accounting for 93 per cent of all local authority sales, but only 30 per cent of all RSL sales.

For the full report, click here

Social housing vacancies, lettings and arrears – Wales
On 11 July 2018 the Welsh Government published a revised annual report including the number of housing units that were empty (vacancies) at 31 March 2017. It covers the number of housing units rented to tenants (lettings) during 2016-17 and tenancies in rent arrears at 31 March 2017. In particular:

• At 31st March 2017, 4,057 social housing units were vacant, down by 7 per cent on 2015-16. It represented 1.8 per cent of all social housing stock compared with 1.9 per cent the previous year.
• The number of new lettings of social housing stock increased by 3 per cent to 22,836. The majority of these (63 per cent) were via housing waiting lists. A further 23 per cent were via transfers and exchanges and 15 per cent were priority lettings to homeless households.
• Both the number and proportion of social housing tenancies in rent arrears decreased during 2016-17. At 31 March 2017, there were 70,452 tenancies in arrears, accounting for 31 per cent of all social housing tenancies. Around 2 per cent of tenancies had been in rent arrears for 13 weeks or more.

For the report, click here

Homeless Link sets out strategy to end homelessness
On 13 July 2018 Rick Henderson, CEO of Homeless Link, set out the organisation’s strategy for the next three years, as launched at its annual conference. The strategy has four key aims:

• Preventing homelessness and ending rough sleeping
• Showing that ending homelessness is both achievable and sustainable
• Supporting its members to be more effective, impactful and resilient
• Being an excellent and inspiring organisation.

For details as to how Homeless Link will seek to achieve these aims, click here

Universal Credit, tenants and landlords
On 11 July 2018 the National Federation of ALMOs (NFA) and the Association of Retained Council Housing (ARCH) published a joint report highlighting the increasing burden of debt that Universal Credit is causing for tenants and landlords, and calling for Government to slow down the roll-out and fix the outstanding problems with UC. The NFA and ARCH, who represent over a million council homes, are voicing strong concerns about the length of time it is taking tenants to get control of their finances after the initial transfer to UC, and the impact on council HRAs. For the report, click here For the associated press release, click here

Universal Credit and landlords: guides
The Department for Work and Pensions has made minor amendments to certain of the guides explaining what Universal Credit means for landlords. The amendments are as follows:

• 10 July 2018 – added information about Universal Credit claimants transferring to full service declaring and re-verifying their housing costs.
• 11 July 2018 – updated information about managed payment requests on page 9 of the Personal Budgeting Support and Alternative Payment Arrangements PDF.
• 13 July 2018 – updated the Welsh Universal Credit personal budgeting support and alternative payment arrangements PDF (Cymorth Cyllidebu Personol a Threfniadau Talu Amgen).

For the updated guides, click here

Discretionary Housing Payments – analysis of returns from local authorities
On 12 July 2018 the Department for Work and Pensions published an analysis of returns from local authorities as to their use of Discretionary Housing Payments for the year ending 31 March 2018. In 2017-18, central government contributed £166.5 million to DHP funding in England and Wales. The majority of local authorities, who submitted returns, have reported spending less than or equal to their central government allocation of DHP funding (71 per cent of local authorities). Total spending on DHPs in England and Wales (including additional funding provided by local authorities) was 99 per cent of the total central government allocation, amongst local authorities submitting returns.

For the analysis, click here

Private rents – London
On 13 July 2018 Sian Berry AM urged the Mayor of London to keep pushing for more powers from Government that would benefit private renters. She noted that recent data show that the average rent in London is now £1,884 a month, more than two and a half times the UK average. She said:

“The Mayor has promised to look at rent controls at some point, but these new rent rises show that now is the time for action. Too many private renters are being left to the wolves that are rogue landlords. Londoners need the protection of a properly regulated and priced market that people on normal wages can afford.
“The Mayor has promised a new London Model of tenancy reform and said he would consider measures to stabilise or control rents after this, but renters cannot wait. He should press harder for new powers without delay.”

For the press release, click here

Housing adaptations for older residents
On 13 July 2018 the Centre for Ageing Better responded to data in the English Housing Survey showing that the number of households occupied by over 65s has increased by 20% since 2008. The Centre referred to its recent research suggesting that “low-cost home adaptations can have a huge impact on a person’s health, wellbeing and independence”. For the latest press release, click here For the Centre’s research, click here

Affordable rents compared to traditional social rents
On 13 July 2018 the Joseph Rowntree Foundation published analysis which found that affordable rents for typical two-bed properties work out at 30% more expensive than social rents. On average this is £1,400 per year. Affordable rents are more expensive throughout England, but the difference is noticeably bigger in Southern regions. Yorkshire and the Humber is the region with the smallest difference between the types of rent at £650 per year, in the South East this is £2,000 per year and in London it is £3,350 per year. There are ten London boroughs where the difference is over £5,000.

To download the briefing, click here

Regulator of Social Housing: Consumer Regulation Review 2017 to 2018
On 13 July 2018 the Regulator of Social Housing published its sixth annual Consumer Regulation Review which provides a summary of its consumer regulation work in 2017/18. The report sets out its consumer regulation role, how it carries out its consumer regulation work and the key messages it wishes to share with the sector. The review emphasises that complying with health and safety obligations remains the most fundamental responsibility for governing bodies of registered providers. The Review reminds registered providers in detail as to what the responsibility entails.

To read the Review, 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 (prepared for the second reading debate), 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. For the Bill as introduced, click here The Bill had its committee stage on 11 May 2018 and its report stage on 9 July 2018. It will have its third reading on 18 July 2018. 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. It had its first reading in the House of Lords on 16 May 2018 and second reading on 4 June 2018. The committee stage was completed on 19 June 2018 and the report stage on 4 July 2018. The third reading will take place on 18 July 2018. For the second reading debate, click here For the Bill as introduced in the House of Lords, click here For the government’s announcement of the Bill, 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. It received its first reading on 2 May 2018 and its second reading on 21 May 2018. For the second reading debate, click here The Bill will next be considered at report stage on a date to be announced. For the Bill as introduced, click here For the impact assessment, click here For a research briefing prepared for the report stage, 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

NEW HOUSING CASES

TW, SW, and EM, R (On the Application of) v London Borough of Hillingdon [2018] EWHC 1791 (Admin)
The London Borough of Hillingdon (“the Council”) allocates social housing in accordance with an allocations policy dated December 2016. Under that policy, applicants for social housing are placed into bands (A, B, C or D) according to the priority for social housing which they have under the policy. A person in band A has a better chance of being allocated housing than a person in band B and so on.

The policy provides that an additional preference for social housing will be awarded to certain groups of people. This includes persons who have lived in the borough continuously for at least 10 years (“the residence criterion”). An additional preference also applies to people who are working but on a low income (“the working household criterion”).

The grounds of challenge
The claimants in this claim were Irish travellers. TW was a single parent who was placed in band D because she had not lived in the borough for 10 years. EM was a carer for his three adult disabled children who was informed that he did not meet the criteria to be given social housing.

The claimants argued that the residence criterion indirectly discriminated against them as Irish travellers on the ground of race (contrary to sections 19 and 29 of the Equality Act 2010) and that the working household criterion indirectly discriminated against TW on the grounds of sex and against EM on the basis of disability.

The claimants also argued that the Council, in devising its housing allocations policy, failed to comply with section 11 of the Children Act 2004 which required the Council to have regard to the need to safeguard and promote the welfare of children.

The law on discrimination
The Council accepted that the measures in question potentially gave rise to indirect discrimination but argued that the measures were justified on the basis that they were proportionate means of achieving legitimate aims.

Mr Justice Supperstone rehearsed the law on proportionality in discrimination claims:

1. The objective being pursued must be sufficiently important to justify the limitation of a fundamental right;
2. The measure must be rationally connected to that objective;
3. There must not be a less intrusive measure which could have been used without compromising the achievement of the objective; and
4. The infringement of the right must not be disproportionate to the likely benefit of the measure in question.

Mr Justice Supperstone reminded himself that it is undesirable for the courts to involve themselves in deciding questions of housing allocation which are questions requiring local knowledge and policy judgments by local authorities. The courts have therefore approached the question of proportionality in the past in relation to welfare benefits and housing allocations issues by considering whether the measure in question was “manifestly without reasonable foundation” rather than simply substituting the court’s view on an issue for the local authority’s.

The residence criterion
The judge accepted that the residence criterion had a legitimate aim – to reward long-term attachment to the borough – and that the measure was rationally connected to that aim.

However, the judge held that there was insufficient evidence to show that the Council had considered the potentially discriminatory impact of the measure on Irish travellers. An impact assessment by the Council prior to the introduction of the current allocations scheme had considered the issue of race discrimination but only in relation to skin colour (i.e. it had considered the impact of the scheme on BAME applicants), not in relation to the Irish travelling community.

The judge held that the courts should only show deference to local authorities’ decisions on proportionality if the local authority had actually carried out a balancing exercise which considered the objective being pursued and the potentially discriminatory impact of the measure in question. In the instant case, since the Council had not turned its mind to the potentially discriminatory impact on Irish travellers, it was not appropriate for the court to show deference (by applying the “manifestly without reasonable foundation” test) to the Council’s conclusions on whether the residence criterion was proportionate.

Accordingly, the residence criterion was declared to be unlawful on the basis of indirect race discrimination.

The working household criterion
The claimants accepted that the working household criterion had a legitimate aim – to encourage work and aspiration – and that the measure was rationally connected to that aim.

However, the claimants disputed that the working household criterion was the least intrusive measure possible. They referred the court to other possible measures such as reserving a percentage of social housing stock for working tenants.

The judge accepted that alternative measures could have been used but held that the criticisms being made of the working household criterion fell far short of rendering it “manifestly without reasonable foundation”. In any event, any discrimination could be justified because the measure had a narrow application, was targeted at a specific problem and because there were other measures in the housing allocations scheme which potentially assisted persons with the protected characteristics of sex and disability (i.e. the persons who were potentially discriminated against by the working household criterion). The judge therefore held that the working household criterion did not unlawfully discriminate.

Children Act 2004
The judge held that there was no evidence that the Council had held any discussions or taken any action to promote or safeguard the welfare of children when it introduced the residence criterion (a measure which, the judge held, had a potentially significant impact on the welfare of children of Irish travellers, in particular in relation to their educational welfare).

In relation to the working household criterion, the judge held that no issue under section 11 of the Children Act 2004 arose but that if it did, then the judge was satisfied that proper regard had been had to the welfare of children in relation to the introduction of the working household criterion.

Summary by Alexander Campbell, barrister, Field Court Chambers. For the full judgment click here.

Kamara v London Borough of Southwark; Leach v St Albans City & District Council; Piper v South Bucks DC [2018] EWCA Civ 1616 (12 July 2018) 
The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.

Homelessness reviews
In England, Part 7 of the Housing Act 1996, as amended, governs the provision by local housing authorities of assistance to homeless persons. An applicant who is dissatisfied with a decision of an authority under Pt 7 has the right to ask the authority to carry out a review of that decision: s.202.

The Secretary of State has power to make regulations governing procedure on review: s.203(1). The regulations may, inter alia, make provision “as to the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing”: s.203(2)(b).

In England, where a review was requested before 3 April 2018, the procedure is governed by the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (SI 1999/71); if the request for a review is made on or after that date, the procedure is governed by the Homelessness (Review Procedure etc.) Regulations 2018 (SI 2018/223).

Regulation 8(2) of the 1999 Regulations provides:

“(2) If the reviewer considers that there is a deficiency or irregularity in the original decision, or in the manner in which it was made, but is minded nonetheless to make a decision which is against the interests of the applicant on one or more issues, the reviewer shall notify the applicant:

(a) that the reviewer is so minded and the reasons why; and

(b) that the applicant, or someone acting on his behalf, may make representations to the reviewer orally or in writing or both orally and in writing.”

(Regulation 7(2) of the 2018 Regulations is in materially the same terms).

In Makisi v Birmingham CC [2011] EWCA Civ 355; [2011] HLR 27, the Court of Appeal held that a right to make oral representations is most naturally understood to be a right exercisable at a face to face meeting, even if it is not confined to such a meeting. Accordingly, where reg.8(2) applies, the applicant has the right to a face-to-face oral hearing, with his representative present.

An applicant who is dissatisfied with the decision on review may appeal to the county court on a point of law: s.204.

Facts
In each case, the appellants had applied to their respective local housing authorities for assistance under Pt 7. Decisions contrary to their interests were made and each appellant requested a review.

The authorities all issued “minded-to” letters, pursuant to reg.8(2). The letters all specified that representations could be made orally or in writing or both orally and in writing. None of them, however, specified that this meant that the appellant could insist on a face-to-face meeting.

Each appellant appealed unsuccessfully to the county court and then to the Court of Appeal, contending, inter alia, that the proper construction of reg.8(2) required the entitlement to a face-to-face meeting to be expressly set out in a “minded-to” letter.

Decision
The Court of Appeal dismissed all three appeals. It was evident from the language of reg.8(2) that the right to make oral representations could be exercised at a face-to-face meeting. It was not necessary to expand upon the scope of the notification required in order for an applicant or his advisors to understand that.

If reg.8(2) was to be construed as requiring a review officer to set out the various ways in which oral representations could be made, that would create the obvious danger that any list provided could be criticised as incomplete. If reg.8(2) was understood as doing no more than requiring the review officer to set out the provisions of reg.8(2)(b) verbatim, it provided a simple and certain instruction which, if followed, informed an applicant of his ability to elect to make representations in the way that he found most convenient. There was nothing obscure or unfair in that process.

Summary by Robert Brown, barrister, Arden Chambers who appeared for South Bucks DC. For the full judgment click here.

HOUSING LAW CONSULTATIONS

Consultation on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) – Scotland
The Scottish Government says that consultation on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) will be a critical part of Energy Efficient Scotland, and realising its vision that by 2040 homes and buildings will be ‘warmer, greener and more efficient’. When EESSH was launched in 2014, a review was proposed for 2017 to assess progress towards the 2020 target and consider future milestones beyond 2020. Phase 1 of the Review assessed progress and concluded with publication of revised EESSH Guidance for Social Landlords in December 2017. Phase 2 of the Review considered milestones and activity post 2020, with the EESSH Review Group recommending the proposals set out in this public consultation. The Scottish Government wants to hear views on these proposals for new milestones for the Energy Efficiency Standard for Social Housing. Responses will help inform how the government continues to improve energy efficiency in social housing in Scotland. The consultation closes on 27 July 2018. For the consultation document, click here

Consultation on banning the use of combustible materials in the external walls of high-rise residential buildings.
This consultation is seeking views on proposals to revise the building regulations to ban the use of combustible materials in the inner leaf, insulation and cladding that are used in external wall systems on high-rise residential buildings. The consultation closes on 14 August 2018. For the consultation paper click here For details of the various ways in which to respond to the consultation click here

Consultation on overcoming the barriers to longer tenancies in the private rented sector
This consultation invites view and comments on the benefits and barriers of landlords offering longer tenancies. The government is also seeking views on its proposed model for a 3-year tenancy with a 6-month break clause, and the options for implementing this. The model is designed to give tenants certainty over rents, and retains the flexibility that many desire. The consultation closes on 26 August 2018. For the consultation document, click here

Rent a room relief
On 6 July 2018 HM Treasury and HMRC published the government’s response to the consultation on rent a room relief. Rent a room relief allows individuals to earn up to £7,500 tax free from letting out furnished accommodation in their main or only residence. The government will retain rent a room relief at its current level.

However, in order to clarify the purpose of the relief and ensure it is better targeted to achieve its original objective of incentivising the use of spare rooms, the government will introduce a new ‘shared occupancy test’. The new test, set out in draft legislation accompanying the response, will require the taxpayer to be living in the residence and physically present for at least some part of the letting period, for the income to qualify for relief. The government invites comments and submissions on the proposal for a new shared occupancy clause, before its introduction in Finance Bill 2018-19 which will come into force on 6 April 2019. The closing date for submissions is 31 August 2018.

For the consultation outcome, click here

HOUSING LAW ARTICLES & PUBLICATIONS

What does the government’s longer tenancies announcement mean? (part 2) John Bibby Shelter blog, 9 July 2018 - to read the article click here

No affordable homes? We'll build them ourselves Rebecca Wearn BBC News, 14 July 2018 - to read the article click here

Section 202 Reviews, Reg. 7(2) and Explaining the Substance of Homeless Applicants' Rights Mark Prichard 16 July 2018 - to read the article click here

Creating the change: our strategy to end homelessness Rick Henderson, Homeless Link, 13 July 2018 - to read the article click here

Supreme Court refuses permission in homelessness case despite Court of Appeal errors  Local Government Lawyer, 16 July 2018 - to read the article click here

HOUSING LAW DIARY

18 July 2018                             
Third reading of Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill (see Housing Laws in the Pipeline)

18 July 2018                             
Third reading of Creditworthiness Assessment Bill (see Housing Laws in the Pipeline)

27 July 2018                             
Consultation closes on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) – Scotland (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week


Homeless Accommodation Officer
Salary dependent on experience: £21,760 - £25,731

The Homeless Accommodation Officer plays a crucial role within the Housing Options Team by placing assessed homeless applicants and their households into the most suitable temporary accommodation available in accordance with the council’s statutory duties.

You will need to be an excellent communicator, highly organised and possess demonstrable numerical and IT skills.  Be able to demonstrate confidence, flexibility and the ability to have honest and clear conversations with customers about the type, cost and location of the temporary accommodation being offered to them and the consequences should they chose not to accept it. 

You will be able to work on your own initiative but be responsive to the accommodation requirements of those presenting to the service; some of which will be without warning.  Be able to prioritise a demanding and varied workload yet be a creative facilitator and problem solver.  An understanding of homelessness law as well as an up to date knowledge of the welfare benefits available to applicants would be an advantage but full training will be given.

This role has multiple and competing work strands which can be fragmented.  Therefore, the ability to multi-task, complete interrupted tasks and work at pace is essential.
You will be required to work closely with our homeless accommodation providers and be able to manage and co-ordinate voids, provide suitable nominations in accordance with the relevant partner service level agreements and bring placements to an end in an appropriate and timely manner. You will identify and communicate moves to alternative temporary accommodation placements ensuring customers understand where, when and why they are moving. You will also be the first point of contact for applicants and providers who are experiencing difficulties with their placement.

You will identify opportunities for the Council to discharge the duty towards homeless applicants in accordance with current legislation and government guidance requirements.

In return, we offer excellent working conditions, a tailored induction programme, flexible working hours and an attractive pension scheme.

Closing date: 5 August 2018

Interview date: 13 August 2018

Please quote reference: ES66

CVs will not be accepted without a fully completed application form.

To apply click here

Wokingham Borough Council
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Wokingham Borough Council
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Wokingham Borough Council
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Islington Council
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Brighton & Hove City Council
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Brighton & Hove City Council
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(2 Posts: 1 permanent, 1 fixed term)
Newcastle City Council
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Bristol City Council
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Norwich City Council
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Sevenoaks District Council
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