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HOUSING LAW NEWS & POLICY ISSUES
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Local authority housing statistics – England
On 18 January 2018 the MHCLG published national statistics on social housing owned and managed by local authorities in England for the year to the end of March 2017. At that date local authorities in England owned 1.60 million dwellings (a decrease of 0.7% from the previous year). There has been a decrease from 3.67 million on 1 April 1994. This is due to Right to Buy sales and the largescale voluntary transfer of local authority stock to Private Registered Providers. Local authority landlords in England made 112,600 lettings during 2016-17 (a decrease of 7% compared with the 120,500 lettings made in 2015-16, and follows a general decrease from 326,600 in 2000-01). There were 1.16 million households on local authority waiting lists on 1 April 2017 (a decrease of 2% on the 1.18 million on 1 April 2016). As at 1 April 2017, there were 79,600 “non-decent” local authority owned dwellings across England (a decrease of 6% from 84,900 compared to 1 April 2016). In 2016-17 local authorities reported that 5,800 evictions were carried out by court bailiffs (a decrease of 10% compared to 2015-16). For the full statistics, click here For the response of Arch (Association of Retained Council Housing), click here
Statistics on rents, lettings and tenancies
On 18 January 2018 the MHCLG published tables on rents, lettings and tenancies including numbers of households on local authorities’ waiting lists by district, local authority owned dwellings let by the local authority, local authority average weekly rents by district and Private Registered Provider average weekly rents by district. For all the tables, click here
Re-cladding of social housing towers
On 22 January 2018 the MHCLG published figures showing that of the 160 social housing buildings that have combinations of ACM and insulation judged to have failed the large-scale tests, only three have finished the installation of replacement cladding. 57 have started the removal of the cladding. Of these, 26 buildings have had all the cladding removed. Of these, nine have started to install replacement cladding and, of these, three buildings have finished the installation of replacement cladding. For the data release, click here For an article in The Guardian, click here
How to Rent guide
On 17 January 2018 the MHCLG published an updated guide for tenants and landlords in the private rented sector in England to help them understand their rights and responsibilities. It provides a checklist and more detailed information on each stage of the process, including: what to look out for before renting; living in a rented home; what happens at the end of a tenancy; and what to do if things go wrong. For the guide, click here For a note concerning the guide in Nearly Legal, click here
Draft Letting Fees bill
On 22 January 2018 the Communities and Local Government Committee heard from groups representing tenants and landlords as part of its inquiry in to the Private Rented Sector. The Committee also used the session to continue its pre-legislative scrutiny of the proposed ban on letting fees imposed on tenants. To watch the session, click here
Local Authority Housing Revenue Account borrowing cap
On 22 January 2018 the Treasury Committee publishes a unanimously agreed report on the Autumn Budget 2017 in which it recommended that the Local Authority Housing Revenue Account borrowing cap should be removed to help meet the target of 300,000 new homes per year. To read the conclusions and recommendations of the report, click here For the full report, click here For the response of the Local Government Association, click here
New homes analysis
On 18 January 2018 the Local Government Association published analysis which showed that nearly one in 10 new homes over the last two years has been converted from an office and included no affordable housing or supporting investment in infrastructure such as roads, schools and health services. For more details, click here
Allocations and suspensions – Scotland
On 22 January 2018 CIH Scotland announced that it and specialist housing research consultants Craigforth have been jointly appointed to prepare revised practice guidance to help social landlords prepare for the implementation of new provisions on allocations and suspensions under the Housing (Scotland) Act 2014 over the next 12 to 18 months. The guidance is due for publication in autumn 2018. For more details, click here
Homelessness and housing options statistics – Scotland
On 23 January Scotland’s Chief Statistician published statistics showing that Scottish local authorities received 17,797 applications for homelessness assistance during April to September 2017 (2% higher compared to the same period during 2016). However, when looking over the whole of the last 12 months, there has been a smaller 0.3% (118 applications) annual increase from 34,746 applications in the 12 months to end September 2016 to 34,864 applications in the 12 months to end September 2017. For more information, click here
Homelessness and housing – Scotland
On 20 January 2018 the Scottish Government announced grants totalling £1.6 million that will fund ‘innovative services aimed at tackling homelessness and improving housing, particularly for the most vulnerable’. Seventeen projects successfully applied for the Housing Voluntary Grant Scheme (HVGS) 2018/19, which supports third sector organisations to deliver housing related projects and services. For more details, click here
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HOUSING LAWS IN THE PIPELINE
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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. The Bill received its second reading on 19 January 2018. It will begin its Committee stage on a date to be announced. On 14 January 2018 the government confirmed that it would support the Bill. For the Bill as introduced, click here For a House of Commons Library research briefing, click here To follow progress of the Bill, click here
Homeless People (Current Accounts) Bill
This is a Private Member’s Bill introduced in the House of Commons by Peter Bone. The Bill is intended to require banks to provide current accounts for homeless people seeking work; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading 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
Private Landlords (Registration) Bill
This Bill was introduced to Parliament on 17 January 2018 under the Ten Minute Rule. The Bill seeks to require all private landlords in England to be registered. It is due to receive a second reading on 27 April 2018. The Bill is being prepared for publication. To read the debate on introduction of the Bill, click here To follow progress of the Bill, click here
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HOUSING LAW CONSULTATIONS
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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
Renting Homes (Wales) Act 2016 – Regulations relating to safeguarding property in abandoned dwellings
The purpose of the regulations is to ensure a contract holder’s personal property is dealt with appropriately by a landlord. The Welsh Government is consulting on: the content of the regulations, including the specific requirements to be placed on landlords; the draft guidance on the regulations; and the draft guidance on section 220 of the Renting Homes (Wales) Act 2016 (abandonment). The consultation closes on 6 April 2018. For the consultation document, click here For details of how to respond, click here
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HOUSING LAW ARTICLES & PUBLICATIONS
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Private tenancies: rebalancing or just upheaval? Jim Bauld [2017] Journal of Law Society of Scotland 11 December. To read this article, click here
What will take longer, banning letting agent fees or Brexit? Rhea Newman [2018] Shelter Blog 17 January. To read this article, click here
What is a bedroom? Zishaan Saleem [2018] Anthony Collins Blog 18 January. To read this article, click here
I've fought hard to make homes fit for habitation. Here's why Karen Buck [2018] Guardian 18 January. To read this article, click here
Selective licensing and company directors Alice Richardson [2018] Local Government Lawyer 19 January. To read this article, click here
Milton Keynes: UK capital of ‘right-to-buy-to-let’ Tom Wall [2018] Guardian 20 January. To read this article, click here
A failure to engage – ‘Medical advisors’ on homeless vulnerability Giles Peaker [2018] Nearly Legal 21 January. To read this article, click here
Supporting young people with multiple and complex Alexia Murphy [2018] Homeless Link 22 January. To read this article, click here
Social housing must not be seen as a place of last resort Stuart Davies [2018] CIH Blog 22 January. To read this article, click here
We can solve the UK’s housing crisis – with a little imagination John Harris [2018] Guardian 22 January. To read this article, click here
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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)
1 February 2018
Second reading of Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)
16 February 2018
Consultation closes on park homes legislation (see Housing Law Consultations)
23 February 2018
Consultation closes on rent a room relief (see Housing Law Consultations)
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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
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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.
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Head of Housing Management
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Head of Tenancy and Leasehold Services
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Private Sector Team Housing Manager
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Area Housing Manager South
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Housing Property Services Major Works Project Manager
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Head of Strategic Property Services
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Principal Litigation Lawyer
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Welwyn Hatfield Borough Council
Click here for details
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Senior Environmental Health Officer
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Bath & North East Somerset Council
Click here and insert Housing in the Key Words field for details
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Environmental Health Officer
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Bath & North East Somerset Council
Click here and insert Housing in the Key Words field for details
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Tenancy & Leashold Team Co-ordinator
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Income Recovery Apprentice
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Housing Officer (Trainee)
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Brighton & Hove City Council
Click here for details
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Housing Systems Implementation Project Manager
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Brighton & Hove City Council
Click here for details
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