HOUSING LAW NEWS & POLICY ISSUES

Domestic Abuse Bill: Home Affairs Committee report
On 22 October 2018, the House of Commons Home Affairs Committee published a report on the government’s proposed Domestic Abuse Bill. The report said:

• There is a desperate lack of refuge spaces for victims of domestic abuse – refuge provision should be a statutory obligation, backed by national ring fenced funding.
• Some of the government's welfare reform policies are making it harder for victims to leave or to avoid economic abuse and control. Single household payments under Universal Credit are a "retrograde and backward step". Split payments for couples should be the standard instead.
• A national register of serial stalkers and serial domestic violence perpetrators should be introduced.
• The proposed new Commissioner should cover both Domestic Abuse and Violence against Women and Girls; the strategy should cover all victims of domestic abuse but must reflect the gender inequality underlying domestic abuse.
• The government should consult on introducing paid domestic violence leave for victims of abuse.

For the report, click here For the conclusions and recommendations, click here For a summary, click here

Rogue mobile home site owners: Government proposals
On 22 October 2018 the MHCLG published new steps to give local authorities tougher powers to tackle rogue mobile home site owners in their areas, ranging from fines to outright bans for the worst offenders. The announcement follows last year’s review of park homes legislation. Over 85,000 families live on 2,000 park home sites across the country, including many older people. The government plans to strengthen the existing legislation to:

• Improve residents’ rights
• Give local authorities more enforcement powers to tackle rogue site owners
• Work with the sector to raise awareness of rights and responsibilities of residents
• Develop and disseminate best practice amongst local authorities.

For the official announcement, click here For the government response to the consultation, click here

Funding to replace unsafe cladding
On 17 October 2018 the MHCLG released the first tranche of an estimated £400 million to remove and replace unsafe aluminium composite material (ACM) cladding on social sector high-rise housing. Twelve local authorities and 31 housing associations have been told that they have been allocated funds to cover the cost of removing and replacing ACM cladding from their social, residential buildings which are 18 metres or higher. For the announcement, click here

Troubled families: supporting families against youth crime
On 20 October 2018 the MHCLG announced a new £5 million fund: Supporting Families Against Youth Crime. The government has now published prospectus details of the application process and eligibility for the fund. It is designed to be used flexibly to enhance the existing package of support provided by local Troubled Families Programmes to enable a greater focus on preventing youth and gang crime. For the announcement, click here For the prospectus and application form, click here

Universal Credit and landlords guidance and form – updated versions
On 19 October 2018, the MHCLG published new versions of the guidance and form for Universal Credit: Landlord request for a managed payment or rent arrears deduction. The changes relate to the Welsh personal budgeting support guidance. For the guidance, click here For the form, click here

Removing the Housing Revenue Account borrowing cap
On 18 October 2018, the MHCLG published a letter from the Secretary of State, James Brokenshire, to local authorities seeking views on the wording of a draft determination abolishing the Housing Revenue Account cap. For the letter, click here

Affordable housing
On 22 October 2018 House of Lords Library published a briefing which it had prepared in advance of a debate due to take place on 25 October in the House of Lords on the motion moved by Lord Shipley (Liberal Democrat), “that this House takes note on the case for building more affordable housing”. The briefing describes why there is widely said to be a ‘housing crisis’ which affordable housing might help to solve. It then sets out what affordable housing is, and outlines the arguments for and against building more affordable homes. Finally, it looks at alternative policies for improving housing affordability. For the briefing, click here

Self-built houses next step for council housing: LGA chairman
On 21 October 2018, the Guardian reported that Lord Porter, the chairman of the Local Government Association, had told the newspaper that he wants to “set forth a million builders” and give residents a role in the design and construction of up to 100,000 new council-built homes. Lord Porter said that many local authorities want to work directly with future tenants to design and construct some of the properties. For the article, click here

Waltham Forest uncovers ‘rent to rent’ scam
On 15 October 2018 London Borough of Waltham Forest reported that a property managing agent who used ‘ghost tenants’ as a front so that she could cram 16 people into one house has been fined £26,000.

The council property licensing team received an application to register a property as a single-family dwelling. However, officers investigated further and discovered that it was in fact being let as a House in Multiple Occupation and occupied by up to 16 unrelated tenants. Investigating officers were provided with tenancy agreements between the landlord and named tenants. They found that these ‘ghost tenants’ were not living at the property and were instead being used as a front for a rent-to-rent scam with the property occupied by a large number of tenants at inflated rents. In addition to the dangerous overcrowding, officers discovered serious defects to the fire alarm system which could have endangered the lives of tenants.

For a report, click here

Homeless people in Scotland
On 22 October 2018 Crisis published a report – I won’t last long in here – experiences of unsuitable temporary accommodation in Scotland – which shows the detrimental impact unsuitable temporary accommodation can have on lives. The research includes the experience of 74 people living in B&Bs, hotels or unsupported hostels. The report found:

• 60% of people were subject to a curfew
• Three in four said they were not allowed visits from family or friends
• 84% of respondents said they felt isolated by their living situation
• 45% of people said they had no access to a kitchen with over half of this number saying this meant they regularly skip a meal
• A third of people also had no fridge access.

Crisis has urged the Scottish Government to act quickly to move homeless people on from unsuitable temporary accommodation. For the report, click here For a press release in respect of it, click here

Housing and disabled people: EHRC guidance
On 19 October 2018 the Equality and Human Rights Commission published guides concerning housing for disabled people in England, Scotland and Wales, and the organisations that support them. The guides set out a person’s rights and responsibilities, information and tips on:

• Renting from a private landlord or from a letting agency
• Adapting the home
• Where to get help.

Guidance for local authorities in England and Wales and for elected members in Scotland, particularly those involved in housing and planning, comprise toolkits which aim to support them to:

• Consider housing for disabled people in their strategies and plans
• Involve disabled people in a meaningful way
• Share best practice
• Help with scrutiny of local authority housing policies and practices.

For the guidance, click here

Affordable housing provision – Wales
On 18 October 2018 the Welsh Government published an annual report on affordable housing provision in Wales which includes information about the number of additional units delivered, as well as how the planning system contributed to the provision of these units. The report states:

• In 2017-18, local authorities reported 2,316 additional affordable housing units had been delivered across Wales, down 9 per cent on the previous year. An additional 10 housing units were delivered under the Rent to own – Wales scheme introduced in February 2018.
• Welsh Registered Social Landlords (RSLs) continued to make the largest contribution. During 2017-18 RSLs delivered 84 per cent of all additional affordable housing provision (1,946 units).
• The number of affordable housing units delivered with capital grant funding decreased by 31 per cent during 2017-18 to 1,243 units. The number delivered without capital grant funding was up by 46 per cent to 1,073 units.
• During 2017-18, 531 affordable housing units were delivered on land made available by the public sector, down 23 per cent on the previous year.

For the report, click here

Mortgages on properties let to benefits claimants
On 19 October 2018 the Residential Landlords Association reported that it has written to HM Treasury urging action to tackle discrimination against benefit claimants by buy-to-let mortgage providers. The letter follows news that that a landlord has had her mortgage revoked because she is renting to a benefit claimant. Helena McAleer contacted her mortgagee, NatWest, to discuss the possibility that she might release equity from the house. She was told by the lender that she would no longer be able to receive her buy-to-let mortgage from NatWest because its policy was not to allow rentals to benefit claimants. For more information, click here

Liberty’s legal challenge against the Legal Aid Agency
On 22 October 2018 Liberty, the civil liberties organisation, announced that it has launched a legal challenge against the Legal Aid Agency for blocking access to justice for residents seeking to take local authorities to court. The Agency will not grant legal aid to people who cannot afford to pay lawyers if they want to challenge potentially unlawful Public Space Protection Orders (PSPOs). Liberty says that the Agency’s position makes it near-impossible for homeless people “cruelly targeted by PSPOs” to enforce their basic human rights. Liberty has now applied to challenge this stance in the High Court. For more information, 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 considered those amendments on 16 October 2018. For those amendment, click here For the government’s announcement of the Bill, click here For all the debates concerning 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. 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

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

Hundreds of tower blocks across UK at risk of collapse, say experts Adam Forest, The Independent Blog 22 October 2018 – to read the article click here

Social housing 'boost' by choice of tenants BBC News 22 October 2018 – to read the article click here

'Self-built' houses next step for council housing, says LGA chief Robert Booth, The Guardian 21 October 2018 – to read the article click here

Alternative tour of Manchester focuses on the city's homeless Josh Halliday, The Guardian 21 October 2018 – to read the article click here

Flexible Right to Buy Matt Kilkoyne, Adam Smith Institute 21 October 2018 – to read the article click here click here, to read the Briefing Paper click here

Renting in England: Paying more for less Tom Weekes, Shelter blog 18 October 2018– to read the item 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)

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

Advertise your vacancy to Housing Law Week Readers

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

RECRUITMENT

Featured Job of the Week

Director of Housing
Great Yarmouth Borough Council

Click here for details

RB of Greenwich
Click here for details

Basingstoke & Dean BC
Click here for details

Bournemouth BC
Click here for details

Bournemouth BC
Click here for details

Great Yarmouth Borough Council
Click here for details

Great Yarmouth Borough Council
Click here for details

Worcester City Council
Click here for details

RB of Greenwich
Click here for details

Portsmouth City Council
Click here for details

RB of Greenwich
Click here for details

Epsom & Ewell BC
Click here for details