27 June 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Strong public support for social housing: new report from CIH
On 25 June 2018 the Chartered Institute of Housing published a new report – Rethinking Social Housing – calling on the government to support social housing on the basis of polling which revealed strong public support.

Polling carried out by Ipsos MORI for CIH showed that:

  • More than 60 per cent of people across England support more social housing being built in their area
  • 80 per cent of people agree that social housing is important because it helps people on lower incomes obtain housing which would not be affordable in the private rented sector
  • 78 per cent agree that social housing should be available to people who cannot afford the cost of renting privately, as well as to the most vulnerable
  • 68 per cent agree that social housing plays an important role in tackling poverty in Britain
  • 65 per cent of people agree that the negative view of people who live in social housing is unfair.

Rethinking social housing concludes that “the time has come to reclaim social housing as a central pillar of society alongside education and the NHS, and set out an ambitious new vision for affordable housing”.

For the report, click here For the CIH’s press release, click here For the response of the Joseph Rowntree Foundation, click here

MHCLG publishes new “How to” guides
On 26 June 2018 the government produced the following guides for tenants, landlords and leaseholders:

  • How to rent – a guide for current and prospective tenants
  • How to rent a safe home – a guide for current and prospective tenants
  • How to let – a guide for current and prospective private residential landlords
  • How to lease – a guide for current and prospective leaseholders

Housing Possession Court Duty Scheme: Law Centres Network wins judicial review challenge
On 22 June 2018 the High Court ruled that the MoJ decision, to contract for fewer, much larger housing solicitor duty desk schemes, was “one that no reasonable decision-maker could reach”. Therefore, the judge ordered that the new contracts, already tendered for, be quashed.

The changes concerned relate to the Housing Possession Court Duty Scheme (HPCDS). These schemes provide immediate legal advice, assistance and advocacy to people at risk of losing their home. There are currently 113 duty desk schemes across England and Wales. MoJ last year decided to consolidate them into 47 schemes, each covering much larger geographical areas. It also chose to move from contracting the service at fixed fees it sets, like the rest of legal aid, to a price competition among bidders, potentially driving fees even lower.

Law Centres Network (LCN) asked the court to quash MoJ’s decision to proceed with the tender as planned. It argued that MoJ rearranged HPCDS based on questionable, untested assumptions. It also argued that MoJ acted without proper analysis of its effect on people for whom the service is intended. Mrs Justice Andrews upheld both claims.

For a detailed summary by Alexander Campbell of Field Court chambers and the full text of the judgment – see New Housing Cases here.

Traveller caravan count – England
On 21 June 2018 the MHCLG published results of the count of traveller caravans in England in January 2018. The total number of traveller caravans in England was 22,946 (compared with 21,920 reported in January 2017). 6,924 caravans were on authorised socially rented sites (6,783 in January 2017). 13,038 were on authorised privately funded sites (12,216 in January 2017). 2,179 caravans were on unauthorised encampments on land owned by travellers (2,141 in January 2017). 805 caravans were on unauthorised encampments on land not owned by travellers (780 in January 2017).  Overall, the January 2018 count indicated that 87 per cent of traveller caravans in England were on authorised land and that 13 per cent were on unauthorised land.

For the full statistics, click here

Council ignored medical evidence when deciding man’s housing application: Ombudsman
On 20 June 2018 the Local Government and Social Care Ombudsman published a finding that London Borough of Croydon failed to take into account a man’s life-threatening health conditions – despite receiving letters from his specialists – when it decided the type of homes he could apply for. The man, who has epilepsy, agoraphobia and anxiety, had asked the council to consider him for accommodation with two bedrooms, in order that he could have carers stay with him, but the council decided he was adequately housed and told him that he did not meet the level needed to be considered under ‘health related criteria’.

The Ombudsman’s investigation has criticised the council for taking too long to carry out a review of the man’s situation. It has also found the council at fault for reaching its decision not to award him medical priority based on advice from an independent advisor, who had not examined or even spoken to the man.

The council has agreed to carry out a fresh review of its decision about the man’s medical priority and issue him with a decision. If it decides to award the man medical priority, it should backdate this to May 2017. The council has also agreed to pay the man £250 for the distress caused by the delay and for his time and trouble in making the complaint.

For a summary of the case, together with a link to the full report, click here

Housing: key resources – England
On 24 June 2018 the House of Commons Library published a briefing providing key resources for members’ constituency casework. Whilst the paper is intended to assist members answer constituents' questions, it provides a useful guide to some reliable sources of information (including other House of Commons Library briefings) on the most common housing issues.

For the briefing, click here

‘Fundamentally new approach’ to housing supply proposed: new research
On 25 June 2018, Onward, a Conservative think thank, published a policy report: Green, Pleasant and Affordable by Neil O’Brien MP. It states that “the growth of buy to let has locked 2.2 million families out of ownership.  If the ratio of privately rented to privately owned homes had remained the same between 2000-2015, and we had built the same number of homes, we would have ended up with 2.2 million more homes in owner-occupation.” It also notes that “the cost of renting has risen dramatically and nearly half of young men are now forced to live with parents.” The paper sets out a ten point plan for rising homeownership and much greater housebuilding in Britain.

For a summary, click here For the report itself, click here

Sprinkler systems to be mandatory in new build social housing properties – Scotland
On 20 June 2018 Scottish Housing Minister Kevin Stewart confirmed that the Scottish Government will take forward David Stewart MSP’s proposal for a Members’ Bill to make it a legal requirement for all future new build social housing properties to be fitted with sprinkler systems.

Expanding the use of sprinkler systems in houses in multiple occupation (HMOs) that are used as care facilities, or house more than 10 people, is one of the recommendations that will be consulted in coming weeks.

For more information, click here

National Housing Federation: Kate Henderson appointed new Chief Executive
On 21 June 2018 the National Housing Federation announced that Kate Henderson has been appointed as the new Chief Executive. She is currently the Chief Executive of the Town and Country Planning Association. Ms Henderson will take up the post in early October, succeeding David Orr who announced in January that he would be stepping down from the role this autumn.

For more information, click here

Housing Green Paper: ARCH submission
On 21 June 2018 the Association of Retained Council Housing published its submission to the MHCLG, entitled Social Housing We Can All Be Proud of - ARCH's views on the future of social housing.

The paper sets out a number of key points that ARCH considers the Social Housing Green Paper must address, such as:

  • Identifying the need for social housing
  • Setting out what ARCH would expect the government to do in backing councils to build
  • Investing in council housing
  • Ensuring that tenants have a stronger voice and
  • Seeking a commitment to review the Right to Buy so that, as an absolute minimum, there are workable arrangements to ensure one-for-one replacement of homes sold.

For the paper, click here For a press release from ARCH, click here

Head tenant who locked 35 sub-tenants out of their home imprisoned for 16 weeks
On 20 June 2018 Brent Council announced that a head tenant who had changed the locks on a property that was illegally sublet to 35 men has been jailed for 16 weeks. For Brent’s press release about the case, click here

Homeless children: CRAE report
On 13 June 2018 The Children’s Rights Alliance for England published a report – Change it! It’s like being in prison – revealing the “shocking conditions children are experiencing while living in Bed & Breakfasts & Temporary Accommodation”. The report says that children in England are being housed illegally in B&Bs for months on end leaving them at risk of sexual exploitation, developing mental and physical health problems and disrupting their education. The research was carried out with homeless children through in-depth interviews. Children talked about “being housed in cramped, dirty and unsafe conditions, miles away from school, friends and family where they are often being left to languish for long periods of time”.

For the report, click here For CRAE’s press release, click here

Youth homelessness in Wales: new ministerial group announced
On 19 June 2018 the Welsh Government announced that a “task and finish group”, to be chaired by Housing and Regeneration Minister Rebecca Evans, had been formed to lead on new approaches and interventions to tackle youth homelessness. The group is intended to ensure that across government, in areas such as social services, education, mental health, substance misuse and youth justice, there is a unified approach to prevention, and to supporting young people who are homeless to obtain somewhere safe and secure to live.

For the government’s announcement, click here

Homes (Fitness for Human Habitation) Bill
On 20 June 2018 this Bill, sponsored by Karen Buck MP, was considered in Public Bill Committee and reported with amendments. The title of the Bill was also simplified by changing it from Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill to Homes (Fitness for Human Habitation) Bill.

For the Bill, as amended in committee, click here For an article about the committee stage proceedings in Nearly Legal, click here For more details about the Bill, see Housing Laws in the Pipeline.

Housing court
On 21 June 2018 the Residential Landlords Association (RLA) reported that the government will consult on the establishment of a new housing court later this year. During the second reading debate in the House of Lords of the Courts and Tribunals (Judiciary and Functions of Staff) Bill, Advocate General for Scotland, the Ministry of Justice’s spokesperson in the House of Lords, Lord Keen, told the House: “We intend to consult later in the year, I hope, on the provision of a housing court so that this issue can be addressed.” RLA Policy Director David Smith welcomed the announcement.

For the Hansard record of the debate, click here For the RLA report, click here

Deaths of rough sleepers with mental health needs
On 19 June 2018 St Mungo’s published new research revealing “a dramatic increase in the proportion of people sleeping rough who have died with mental health support needs from 2010 to 2017”. The charity says that since 2010 the number of people sleeping rough in England has risen by 169 per cent. Over that time the number of people dying on the streets has also increased: in London, where the most consistent data are recorded, the report notes that at least 158 people who were sleeping rough died over that period. In 2017, 80 per cent of those who died were recorded as having a mental health problem, a rise from 30 per cent in 2010. Nine in ten needed support for mental health, drug or alcohol problems.

For the report, click here For St Mungo’s press release, 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 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 was 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 6 July 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. It will have its report stage (when there will be further line by line examination of the Bill) on a date to be announced. 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 6 July 2018. The Bill itself is being prepared for publication. 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. The report stage is due to take place on 4 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

NEW HOUSING CASES
 

R (on the application of Law Centres Federation Ltd trading as Law Centres Network) v Lord Chancellor [2018] EWHC 1588 (Admin)

Civil courts across the country operate housing duty advice schemes, whereby a qualified representative will provide on-the-spot advice and representation in court to tenants being brought to court by their landlord in a housing matter (or for mortgagors being brought to court by their mortgage provider). Contracts to provide such schemes are awarded by the Legal Aid Agency.

The challenge in this case concerned a decision by the Lord Chancellor to restructure the way that contracts for housing duty schemes are awarded. In essence, the Lord Chancellor decided to make the geographical areas for such contracts considerably larger. Thus, for example, Wales would be treated as one single area so that any law centre or solicitors’ firm awarded a contract in Wales would have to be able to provide the housing duty scheme at County Court hearing centres across all of Wales. In practice this would mean law centres and solicitors’ firms having to pay agents to assist them in certain geographical locations and/or incurring significant travel expenses in travelling around the larger contract areas.

The Law Centre Network, a national provider of legal advice and assistance to people on low incomes, is a provider of housing duty scheme assistance. It challenged the restructuring of the legal aid contracts as being based on insufficient inquiries by the Lord Chancellor.
The Administrative Court found for the Law Centre Network and quashed the decisions of the Lord Chancellor to restructure the legal aid contracts and to award them to providers based on the restructured model.

The Court reminded itself that the legal duty of a decision-maker is to take reasonable steps to acquaint itself with relevant material (known to public lawyers as “the Tameside duty”). The Court further reminded itself that the Court should only intervene if the decision-maker had acted on the basis of inquiries which no reasonable decision-maker could have been satisfied with.
The Court held that the Lord Chancellor’s restructuring had been based on the notion that running a small, more localised housing duty advice scheme was not economically viable or sustainable. However, the Court held that there was no actual evidence to back up that notion. Instead the Court held that it was merely an assumption. The Lord Chancellor argued that an inference could be drawn from the providers who had closed down their housing duty advice service, however the Court noted that such providers had withdrawn from the scheme for various different reasons. The Court held that without any consideration by the Lord Chancellor of the actual figures involved, or any financial modelling, the Lord Chancellor had not complied with the Tameside duty.

Moreover, the Court held that the Lord Chancellor had breached the public sector equality duty. There was little in the consultation document by way of consideration of the equalities impact of the restructuring ie the impact on minority groups and no formal equality impact assessment had been carried out prior to the restructuring having taken place. Accordingly, the decision was unlawful on that basis too.

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

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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

HOUSING LAW ARTICLES & PUBLICATIONS
 

Northern areas far less likely to have access to funding for social housing Frances Perraudin,The Guardian 26 June 2018 – to read the article click here

More than one in 10 households living in fuel poverty, figures show May Bulman,The Independent 26 June 2018 – to read the article click here

What is social housing for? Nathaniel Barker, Inside Housing 26 June 2018 – to read the article click here (log-in or registration required)

Independent Review of Build Out Rates – Draft Analysis Rt Hon Sir Oliver Letwin MP, 25 June 2018  – to read the report click here

Regulator warns social landlords that bail-outs are not guaranteed GavrielHollander, Inside Housing 26 June 2018 – to read the article click here (log-in or registration required)

Housing sector survey 2018: leaders focus on delivering more social rent Luke Cross, Social Housing 26 June 2018 – to read the article click here

HOUSING LAW DIARY
 

4 July 2018                              
Report stage of Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill (see Housing Laws in the Pipeline)

6 July 2018                              
Second reading of Affordable Home Ownership Bill (see Housing Laws in the Pipeline)

6 July 2018                              
Second reading of Sublet Property (Offences) Bill (see Housing Laws in the Pipeline)

6 July 2018                              
Second reading of Mobile Homes and Park Homes Bill (see Housing Laws in the Pipeline)

9 July 2018                              
Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018 come into force

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

Senior Housing Officer - Hemel Hempstead

Job Ref: SHO4350

Hours: 35 hours per week

Location: HP2 4XH

Salary: £31,413 pa

Closing date: Sunday 8th July 2018

Hightown Housing Association Limited is a charitable housing association which currently manages almost 6,000 homes and employs over 900 staff.

About the role

We are looking for a Senior Housing Officer to be part of a team providing a highly professional customer focused housing management service to the Association`s residents in rented accommodation.

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You will manage a team of administrators to provide high quality customer-orientated services, providing them with direction and support.

Due to the nature of the role you must have a driving licence and access to a vehicle.

Benefits include:

  • Generous annual leave allowance of 25 days per year, rising with service, plus statutory bank holidays
  • Workplace pension scheme
  • 45 pence per mile mileage for the first 5,000 miles
  • Life assurance of three times your annual salary
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Head of Income Services
Hackney Council
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for details
 
 
Housing Adviser
Wiltshire Council
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Housing Development Support Officer
Waverley Borough Council
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Housing Officer
Brighton & Hove City Council
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Re-housing Officer
Brighton & Hove City Council
Click here
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Neighbourhood Officer
Shepherd’s Bush Housing Group
Click here for details
 
 
Housing Solutions Review Officer
Tamworth Borough Council
Temporary contract for up to 12 months
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for details
 
 
Private Sector Housing Officer
Hackney Council
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for details
 
 
Anti-Social Behaviour Officer
London Borough Of Waltham Forest
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for details
 
 
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