HOUSING LAW NEWS & POLICY ISSUES

Homelessness code of guidance for local authorities
On 22 February 2018 the MHCLG published its response to the consultation on proposed revisions to the homelessness code of guidance following enactment of the Homelessness Reduction Act 2017. For a summary of the responses received and the government’s response, click here For the code of guidance which will be in force from 3 April 2018, when the Homelessness Reduction Act comes into force, click here For the MHCLG announcement of the duty imposed (by the Homelessness (Review Procedure etc.) Regulations 2018, as to which see below) on prisons, probation services, Jobcentres and NHS Trusts, among other organisations, to help those at risk of becoming homeless and refer them to a housing authority, click here

Homelessness (Review Procedure etc.) Regulations 2018
These regulations, which come into force on 3 April 2018 (except for Part 4 which comes into force on 1 October 2018), are consequent upon the Homelessness Reduction Act 2017 which amends Part 7 of the Housing Act 1996 which itself sets out the functions that local housing authorities have in relation to persons who are homelessness, or threatened with homelessness. The regulations set out the procedure to be followed by a local housing authority (LHA) when issuing a notice to bring their duties to an end in cases of an applicant’s deliberate and unreasonable refusal to co-operate. An applicant is a person who applies to a LHA for accommodation or assistance in obtaining accommodation and the authority have reason to believe they may be homeless or threatened with becoming homeless within 56 days and eligible for assistance. The regulations revoke and replace the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 and set out provisions for completing reviews. They also specify the public authorities that will have a duty to refer people in England they consider may be homeless or threatened with becoming homeless within 56 days to LHAs. For the 2018 regulations, click here For the 2017 Act, click here For factsheets published by the MHCLG relating to the 2018 regulations, click here

Homelessness Reduction Act: new burdens funding
On 22 February 2018 the MHCLG updated information on the new burdens funding local authorities have been allocated to implement the Homelessness Reduction Act. For the information, click here

Commonhold – Law Commission launches consultation
On 22 February 2018 the Law Commission launched a consultation, asking flat owners, housebuilders, mortgage lenders and lawyers for their views on ‘a little-known and little used’ home ownership status called commonhold, which provides an alternative to residential leasehold. Commonhold was introduced in 2002 as a new way to own property. It allows a person to own a freehold ‘unit’ – for example, a flat within a building – and to be a member of the company which manages the shared areas and buildings. Crucially, unlike leasehold, owners own their ‘unit’ outright, so their ownership will not run out at a point in the future; nor do they have a landlord. Despite this advantage fewer than 20 commonhold developments have been created since the law came into force in 2004. For details of the consultation, click here

Local Government Ombudsman’s report – ‘Family housed in tower block had no cold water’
On 23 February 2018 the Local Government and Social Care Ombudsman published a report criticising London Borough of Haringey after it placed a young homeless family in a tower block with no cold water and a lift that only worked infrequently. The family was placed in the ninth floor flat by the council after the temporary accommodation they were initially placed in was infested with mice. The one-bedroom flat, in an ageing tower block due for demolition, had no cold running water in the kitchen leaving the family to climb flights of stairs with a pram and large bottles of water because the lift was often broken. The Ombudsman found the council at fault for placing the family in the flat when officers knew there were problems with the water supply. It also criticised the council’s response to the family’s request for a review of the accommodation’s suitability, and to their complaints. For more details, including the report, click here

Rogue landlords – proposal to raise minimum fines
On 23 February 2018 the Local Government Association stated that rogue landlords who commit housing offences should be fined a minimum of £30,000 by magistrates as part of common sentencing guidelines to improve standards in the private rental sector. The LGA noted that there are currently no guidelines for magistrates when sentencing for housing offences. Magistrates base their decision on how much a landlord says they can afford, rather than the seriousness of the offence or the harm caused to tenants. For more information, click here

Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018
This Order, which comes into force on 1 October 2018, prescribes a description of a house in multiple occupation (HMO) to which Part 2 of the Housing Act 2004 (the Act) applies. Under section 61(1) of the Act every HMO to which Part 2 of the Act applies must be licensed unless it is subject to either a temporary exemption notice under section 62 of the Act or an interim or final management order under Chapter 1 of Part 4 of the Act. The Order applies to HMOs in England but does not apply to converted blocks of flats, to which section 257 of the Act applies. These are buildings that have been converted into and consist of self-contained flats where the building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them, and less than two-thirds of the self-contained flats are owner-occupied. For the 2018 Order, click here For the Act, click here

Private rented sector – Housing, Communities and Local Government Committee
On 22 February 2018 the Commons Select Committee on Housing, Communities and Local Government (which has changed its name to reflect that of the newly named Ministry) heard from Minister for Housing and Homelessness Heather Wheeler MP in the final oral evidence session of the Private Rented Sector inquiry. For more details, click here

Households in temporary accommodation – England
On 24 February 2018 the House of Commons Library published a briefing paper providing background information on the increase in the number of homeless households placed in temporary accommodation by English local authorities and outlining various initiatives and issues associated with this increased use of temporary accommodation. For the briefing paper, click here

Housing (Management Orders and Financial Penalties) (Amounts Recovered) (England) Regulations 2018
These Regulations make provision for how a local housing authority in England must deal with: (a) any surplus collected or recovered under an interim or final management order in respect of property let in breach of a banning order made under section 16 of the Housing and Planning Act 2016 (see regulation 3); and (b) any financial penalty recovered for breach of a banning order (see regulation 4). Any such amount may be used to meet an authority’s costs and expenses incurred in carrying out its enforcement functions in relation to the private rented sector. If it is not used for that purpose the local housing authority must pay it into the Consolidated Fund. For the 2018 regulations, click here

Tenancy fraudster jailed – Barnet
On 23 February 2018 Barnet Council reported that a local authority housing officer who illegally sublet a council property she had never lived in, had been jailed following an investigation by Barnet Council’s anti-fraud team. The housing officer, who worked for a local authority in another part of the country, was handed a 12-month prison term and ordered to pay £20,000 in compensation. For more details, click here

Subletting tenants ‘crammed 35 men into three-bed semi’ – Brent
On 23 February 2018 Brent Council reported that three head tenants who rented out a three-bedroom house to 35 men had been sentenced to fines of £19,000 as well as £1,470 in costs and victim surcharges at Willesden Magistrates Court for failure to obtain a HMO licence and failure to respond to Brent Council's requests for information as part of their investigations. 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 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. A Stage 1 debate took place in Plenary on 13 February 2018. The motion to agree the general principles of the Bill was agreed. Stage 2 began on 14 February 2018. Stage 2 consideration will take place in Committee on 12 March 2018. 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 Bill was considered in committee on 24 January 2018 and was reported without amendment. The report stage will commence on 6 March 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

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. It is scheduled to receive a second reading on 16 March 2018. The Bill itself is being prepared for publication. To follow progress of the Bill, click here

NEW HOUSING CASES

Brown v Hyndburn [2018] EWCA Civ 242, 21 February 2018
The Court of Appeal has given guidance as to the extent of local authority powers in relation to the licence conditions that may be included within licences of houses in areas of selective licensing (Pt 3, Housing Act, 2004). The Court held that the power to regulate the “management, occupation or use” of a house does not entitle an authority to impose conditions requiring the introduction of new facilities or equipment.

Selective Licensing
Part 3, Housing Act 2004 permits local authorities to designate their areas, or parts of them, as areas of selective licensing if they are satisfied that certain criteria are met. They include that the area of the proposed designation is either an area of low housing demand or one which is experiencing a significant and persistent problem with anti-social behaviour that is not being addressed effectively by at least some private landlords.

In an area of selective licensing, private houses let as separate dwellings must be licensed. By s.90(1), the authority may include in a licence “…such conditions as [they] consider appropriate for regulating the management, use or occupation of the house concerned”. Section 90(2) permits, in particular, conditions relating to the use or occupation of particular parts of the house, or requiring steps to be taken to deal with anti-social behaviour.

By s.90(3), a licence may “also” include conditions requiring facilities and equipment to be made available in the house to meet standards prescribed by the appropriate national authority. No such standards have yet been prescribed. Conditions specified in Sch.4, 2004 Act must also be included (s.90(4)).

Section 90(5)(a) provides that, as regards the relationship between the authority’s power to impose licence conditions and their Pt 1, 2004 Act functions (Housing Health and Safety Rating System), the authority must proceed on the basis that, in general, they should seek to identify, remove or reduce “hazards” in the house by means of Pt 1 functions and not by means of licence conditions.

Facts
The appellant was a private landlord who owned and managed properties in parts of the respondent authority’s area designated for selective licensing. He applied for and was granted licences for his properties which included licence conditions that were common to all of the authority’s licences

The conditions the subject of the appeal were as follows.

“6.       If gas is supplied to the property a suitable carbon monoxide detector must be provided, maintained in good working order and tenants made aware as to its operation”

“8.       The licence holder must ensure, throughout the period of the licence that the premises are covered by a Valid Electrical Installation Condition Report (EICR), where the report states the installation is unsatisfactory this must be remedied within 38 days and the licensing team notified upon completion of such works. If a report recommends a re-test during the term of the license, an up to date report must be provided to the landlord licensing team within 7 days of the re-test date.”

The appellant’s properties already complied with these conditions, but given the wide implications for landlords of licence conditions requiring new facilities or equipment, he appealed against them to the First-tier Tribunal.

The Ft-T allowed his appeal. It deleted Condition 8 altogether and modified Condition 6 to read:
“[i]f a carbon monoxide detector is provided in the property, the licence holder must produce to the tenant (and the council on request) written confirmation as to which party, landlord or tenant, is responsible for maintaining the detector in good working order, including testing and replacing any batteries, and tenants made aware as to its operation”.

The authority appealed to the Upper Tribunal, which allowed their appeal, and reinstated both conditions in their original form. The appellant appealed to the Court of Appeal.

Court of Appeal
Allowing the appeal, and analysing Pts 1, 2 and 3 of the 2004 Act, the court held that Parliament had drawn a distinction between licence conditions relating to the management, occupation and use of a property and those relating to its condition and contents. Thus, in relation to HMO licensing (Pt 2), s.67(1) conferred power to impose licence conditions regulating both, whereas, by contrast, s.90 conferred power only to regulate the former.

It must be assumed that the difference was intentional; a comparison of the other provisions of ss.67 and 90 supported that assumption. Moreover, while s.90(3) and (4) permitted conditions relating to new facilities and equipment where the national authority had prescribed standards to be met (which was not the case) or where conditions were mandatory under Sch.4, those were additional powers not aspects of the general power conferred by s.90(1).

Section 90(5) appeared to be premised on the authority having power under s.90 to remove or reduce category 1 or category 2 hazards, but that premise must relate to the additional powers under s.90(3), (4), and did not connote that s.90(1) conferred such power. Section 90(5) itself confers no power at all. It addresses the relationship between Pt 1 and Pt 3 powers but is not itself the source of any power or “residual discretion” as contended by the authority.

It was also relevant to the construction of s.90 that the statutory purpose of designation was to ameliorate problems of low housing demand and/or anti-social behaviour, to which these conditions were not directed. The judge below had been wrong to hold that purpose to be immaterial. It went too far, and was contrary to the principles of public law, to say that the statutory purpose of licensing does not cut down the ambit of the power to impose conditions.

Summary by Jonathan Manning of Arden Chambers who appeared for the appellant landlord. For the full judgment click here.

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London Borough of Haringey v Simawi [2018] EWHC 290 (QB)
The Defendant’s father was granted a secure weekly tenancy of a two-bedroom maisonette in Hornsey (“the Property”) by the Claimant in August 1994. When his father died in June 2001 his wife, the Defendant’s mother, succeeded to the tenancy pursuant to s.87 Housing Act 1985. In October 2013 the Defendant’s mother died and the Defendant, who had been occupying the Property with his mother for over 10 years, sought to succeed to the tenancy.

The Claimant refused to transfer the tenancy to the Defendant because his mother had herself been a successor. The Claimant served a Notice to Quit on the Defendant and subsequently, issued possession proceedings.

The alleged incompatibility
In his defence the Defendant claimed that he was the secure tenant of the property by succession contending that the ‘no second succession rule’ contained in ss.87-88 was incompatible with the Human Rights Act 1998, Schedule 1, Articles 8 and 14. As the judge set out at para 6 of in his judgment the effect of ss.87-88 at the relevant time was, so far as material:

1. s.87 identified the persons who were qualified to succeed a secure tenant pursuant to s.89. It provided that a person was qualified to succeed a secure tenant if he occupied the dwelling-house as his only or principal home at the time of the tenant’s death and (a) he was the tenant’s spouse or civil partner; or (b) he was another member of the tenant’s family (as defined in s.113) and had resided with the tenant throughout the period of 12 months ending with the tenant’s death, unless, in either case, the tenant was himself a successor, as defined in s.88.
   
   
2. s.88 defined the circumstances in which the tenant was himself a successor. It provided that a person in whom a secure tenancy had vested on the death of a previous tenant was himself a successor (s.88(1)), but that a person to whom a secure tenancy had been assigned following a breakdown in marriage was not (unless the other party to the marriage was a successor) (s.88(2)).

The Defendant contended that the relevant sections of the Housing Act treated a tenant whose partner died differently from a tenant who divorced. Where the partner died the tenant was treated as a successor. Where the partner divorced, if the tenancy was assigned under a property assignment order, then the person becomes a tenant de novo. In consequence, a child who would otherwise satisfy the succession requirements of the Housing Act is treated less favourably if his parent was a sole tenant because of death than as a result of relationship breakdown.

The Defendant asserted, inter alia, that there is no sensible justification for the less favourable treatment accorded to successors by death and their putative successor children; and therefore the ‘no second succession rule’ was incompatible with Art 14 and Art 8 of Schedule 1 of the Human Rights Act 1998.

The matter was transferred to the High Court and, subsequently, the Secretary of State for Communities and Local Government was added as an Interested Party. At a hearing on 8th February 2018 Nicklin J listed the matter for a hearing in October 2018 and considered, inter alia, whether, if the claim became academic (if the Defendant accepted an offer of a new tenancy from the Claimant) before the October hearing date the Court should nevertheless go on to determine it.

The issues
The Secretary of State argued that the point was not one of general importance because the question had already been determined in R (Gangera) v Hounslow LBC [2003] HLR 68. Further, given the subsequent and pending amendments to the Act the number of cases potentially affected was shrinking: s.160 of the Localism Act 2011 inserted a new s.86A into the 1985 Act. The effect was to limit the statutory right of succession to spouses and civil partners in relation to secure tenancies granted on or after 1st April 2012. When brought into force, the Housing and Planning Act 2016 will introduce further amendments including aligning the succession criteria for pre-April 2012 tenancies.

Having considered the relevant authorities Nicklin J held, inter alia, that:

(1) It was plain that this was a point of real importance and significance that potentially affects a large number of people. There were cases pending before County Courts where the issue was raised. Those cases were likely to be only part of the real picture.

(2) Gangera did not provide a complete answer to the issue. The Court was not addressing the question that was raised in this case because the comparators offered by the claimant in Gangera did not illuminate the point that is advanced in the present case.

(3) The Court could not attach much weight to potential changes to the legislation that will occur when the relevant provisions of the 2016 Act come into force.

(4) The costs burden that is likely to fall on the Claimant will not lead to it being “inappropriately prejudiced” and that, in all the circumstances, it is a burden that having regard to the other factors it is just for it to bear.

The judge was of the ‘clear view’ that he should exercise his discretion to order the determination of the matter even if, subsequently, its resolution in this particular case is rendered academic.

Summary by Alice Richardson, barrister, Arden Chambers and Trinity Chambers. For the full judgment click here.

HOUSING LAW CONSULTATIONS

The Law Commission has launched a consultation on Commonhold. See below.

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

Strengthening consumer redress in housing
The Ministry of Housing, Communities & Local Government has published a consultation seeking views on improving redress in the housing sector, including exploring the option of a single housing ombudsman. It covers the following issues: the current complaints and redress landscape, how it is working and if more can be done to improve it; what standards and services should be expected of a redress scheme/an ombudsman; how to fill the existing gaps between current services; and whether a single ombudsman service is needed to simplify access to redress across housing, and if so, what form that should take and what its remit should be. The consultation closes on 16 April 2018. For the consultation document, click here

Electrical safety in the private rented sector
The Ministry of Housing, Communities & Local Government has published a consultation seeking views and comments on the recommendations made by the Private Rented Sector Electrical Safety Working Group. The working group has recommended introducing five-yearly mandatory electrical installation checks for private rented property and that other safety measures be encouraged as good practice and set out in guidance. The consultation invites views and comments to gather additional evidence on the recommendations made by the working group. Any legislation brought forward as a result of this consultation will be subject to appropriate assessment. The consultation closes on 16 April 2018. For the consultation document, click here

Commonhold – Law Commission’s call for evidence
On 22 February 2018 the Law Commission called upon flat owners, housebuilders, mortgage lenders and lawyers to give their views on ‘a little-known and little used home ownership status’ called commonhold, which provides an alternative to residential leasehold. Commonhold was introduced in 2004 (when a law passed in 2002 came into force) as a new way to own property. It allows a person to own a freehold ‘unit’ – for example, a flat within a building – and at the same time be a member of the company which manages the shared areas and buildings. Commonhold, according to the Law Commission, has a number of potential advantages over leasehold. These are: ownership doesn’t run out – unlike leases which expire and can be costly to extend; standard rules and regulations apply – which should make conveyancing simpler and cheaper; and owners have a stake in the wider building and do not have a landlord – instead, owners run the shared areas together. Despite these advantages fewer than 20 commonhold developments have been created. The Law Commission project will look at why commonhold has failed to gain popularity, and what changes can be made to the current law to make it an attractive and workable alternative to residential leasehold. The consultation closes on 19 April 2018. For more details, click here

HOUSING LAW ARTICLES & PUBLICATIONS

What do new tenancy agreements mean for the housing sector? Liam Kirkaldy Holyrood 20 February 2018. To read this article, click here

LGBT and homeless: a cycle of intimidation and ridicule Carla Ecola Guardian 21 February 2018. To read this article, click here

Why can't housing trust tenants’ intelligence and give power back to communities? Lizzie Spring CIH Blog 22 February 2018. To read this article, click here

Possession claims against trespassers (Pt 2) Gavin Bennison New Law Journal 23 February 2018 (subscription required). To read this article, click here

There can be only one! [review of Ombudsman schemes] Giles Peaker Nearly Legal 25 February 2018. To read this article, click here

Thatcher’s crusade to wipe out council housing faces serious challenge Phillip Inman Observer 25 February 2018. To read this article, click here

No better time for housing organisations to commit to tackle domestic abuse Elinor Crouch-Puzey CIH Blog 26 February 2018. To read this article, click here

‘No DSS’ and discrimination Giles Peaker Nearly Legal 26 February 2018. To read this article, click here

Housing: Recent Developments Jan Luba QC & Nic Madge Legal Action March 2018 (subscription required). To read this article, click here

Housing repairs: update John Beckley Legal Action March 2018 (subscription required). To read this article, click here

HOUSING LAW DIARY

7 March 2018                           
Consultation closes on draft order extending coverage of the Freedom of Information (Scotland) Act 2002 to Registered Social Landlords (see Housing Law Consultations)

13 March 2018                         
Consultation closes on Domestic Private Rented Sector minimum level of energy efficiency (see Housing Law Consultations)

3 April 2018                              
Commencement of Homeless Reduction Act 2017 and code of guidance

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RECRUITMENT

Featured Job of the Week

Bishop Lloyd and Jackson

Solicitor

We are seeking to recruit a talented and committed solicitor to work in our Public Inquiry department based in Kensington. The successful candidate will have excellent client care skills and be capable of progressing matters diligently, with a high degree of sensitivity and skill.

The role will involve taking client instructions, drafting witness statements, managing and analysing a large volume of documents and conducting legal research.

The successful candidate will have:

-a strong sense of justice
-a keen eye for detail
-the ability to prioritise urgent work and meet deadlines
-excellent written and verbal communication skills
-the ability to work with paralegals and volunteers to get the very best results for our clients.

Qualifications and Skills: The successful candidate will have at least 2 years’ PQE. Previous experience in Housing Law or Inquest Law would be advantageous but is not essential for this role.

Benefits: The salary will be dependent upon experience.

Job Type: Full-time

Salary: £30,000 to £40,000 per annum.

Apply: email Alima.ali@bljlaw.co.uk, attaching your CV.

Dudley MBC
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Lambeth Council
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Affordable Housing Strategic Lead

Fareham Borough Council
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Homeless Prevention Adviser

London Borough of Camden
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London Borough of Camden
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Torridge District Council
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Tenancy Support Adviser

Stevenage Borough Council
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Homeless Prevention Co-ordinator

Stratford on Avon District Council
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Harrow Council
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Southampton City Council
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