28th November 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Prevalence of domestic abuse in England and Wales
On 22 November 2018 the Office for National Statistics published a report drawn from the most recent Crime Survey for England and Wales (CSEW). It reveals that an estimated 7.9% of women (1.3 million) and 4.2% of men (695,000) experienced domestic abuse in the year to March 2018. There has been no significant change in the prevalence of domestic abuse experienced in the last year, compared with year ending March 2017.

Since the year ending March 2009, the CSEW has shown little change from year to year in the prevalence of domestic abuse, but the cumulative effect of small reductions over time has resulted in a significantly lower prevalence for the latest year (6.1%) compared with the year ending March 2012 (7.0%). This trend has mainly been driven by reductions in partner abuse, which has decreased from a prevalence rate of 5.2% to 4.5% over the same period. In particular, non-sexual partner abuse has fallen from 5.4% in the year ending March 2012 to 4.0% in the year ending March 2018.

For the report, click here For a response to the figures from the Local Government Association, click here

Domestic Violence and Abuse Bill: background
On 21 November 2018 the House of Commons Library published a briefing paper looking at the background to the draft Domestic Violence and Abuse Bill, announced in the Queen’s Speech 2017. It also considers measures in the Courts Bill to deal with suspects cross examining victims of domestic abuse. For the briefing, click here

Affordable housing supply: April 2017 to March 2018 – England
On 22 November 2018 the MHCLG published statistics on gross additional affordable housing supply in England in the year to 31 March 2018. There were 47,355 affordable homes delivered in 2017-18, an increase of 12 per cent compared to 2016-17. Since 2013-14, affordable rent has become the most common tenure type for affordable homes delivery. In 2017-18, there were 26,838 new affordable rent homes, representing 57 per cent of all new affordable homes. Nearly half (47%) of all affordable homes delivered in 2017-18 were funded through section 106 (nil grant) agreements. This has been increasing year-on-year since a low in 2014-15 when section 106 (nil grant) accounted for 22% of affordable homes delivered.
Ninety per cent of affordable homes delivered in England were new build, similar to the previous year. There were 53,572 starts on site in England in 2017-18, an 11 per cent increase on the previous year.

For the full statistics, click here For a response to the figures by the Chartered Institute for Housing, click here For the response of Crisis, click here

Subsidies to home owners, social housing tenants and private renters: CIH report
On 21 November 2018 the Chartered Institute for Housing published a report – Dreams and reality? Government finance, taxation and the private housing market – which concludes that, overall, home ownership is the tenure most ‘subsidised’ by government, followed by social housing and then the private rented sector. The CIH says that this is the first study to have made such a broad comparison of government intervention in the market, taking account not only of government spending on grants, loans and guarantees, but also tax reliefs, welfare benefits and regulatory mechanisms which aim to stimulate or control the three main routes by which people get access to housing. CIH chief executive Terrie Alafat CBE said:

“Currently just 21 per cent of government investment is going to affordable housing. Rebalancing this budget to support people on lower incomes who can’t afford to buy could make a big difference. It is vital that the government supports councils and housing associations to build more homes for social rent.”

For the report, click here For CIH’s press release in respect of it, click here

Affordable housing delivery
On 26 November 2018 Savills published a report – Affordable Housing: Building through Cycles – which found that housing associations are more exposed than ever to a cyclical housing market slowdown because low levels of grant, by historical standards, have led the sector to develop a cross-subsidy model, building more homes for market sales to fund new affordable homes. At the same time, it says, section 106, a vital source of affordable housing delivery, has limited capacity for expansion and a market downturn could cut section 106 affordable housing delivery in half.

Robert Grundy, Head of Housing at Savills, said:

“Housing associations need to move to a more land-led approach to delivering affordable housing if the sector’s development aspirations are to be met. They’ve got to think more long term. Lifting the borrowing cap for councils should also provide a boost to affordable housing supply.  Many local authorities have land and now they have access to finance.  But collaboration will be needed to link up with the development expertise in housing associations and the private sector.”

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

Leasehold high-rise flats: who pays for fire safety work?
On 23 November 2018 the House of Commons Library published a paper considering the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. For the paper, click here

Use of section 21 evictions in the private rented sector
On 6 December 2018, there will be a House of Commons Westminster Hall debate on the use of section 21 evictions in the private rented sector. A section 21 notice can be served by a landlord after a fixed term tenancy ends if there is a written contract, or during a periodic tenancy. The House of Commons Library will produce a briefing or material before the debate. To obtain the briefing (when it is available), click here

New rules on Minimum Energy Efficiency Standards: CIEH response
On 22 November 2018 the Chartered Institute of Environmental Health expressed disappointment that “new rules on the Minimum Energy Efficiency Standards will exempt thousands of landlords from having to make rented homes warmer, under a cost cap loophole.” The CIEH explains that since April 2018, landlords who own the coldest privately rented homes have been required to improve these properties with energy efficiency measures.  Originally, there was an exemption for landlords who could not make improvements at no cost to themselves. In 2017, CIEH, with 15 other organisations, wrote to the Energy Minister asking for the ‘no cost’ exemption to be removed. Following a consultation earlier this year, landlords will now be able to register for an exemption if upgrades will cost more than £3,500. Tamara Sandoul, CIEH policy manager, said:

“In practice, the £3,500 cost cap means that most landlords will get away with doing nothing.”
For an article on the issue by William Hatchett, click here

Restrictions on mortgage lending to landlords whose tenants receive housing benefit or Universal Credit
On 20 November 2018 the Commons Work and Pensions Select Committee published correspondence with Ross McEwan, CEO of RBS, on concerns about restrictions on mortgage lending to landlords whose tenants are in receipt of housing benefit or Universal Credit. The issue came to light when a landlord was refused a re-mortgage by NatWest and threatened with revocation of the existing mortgage on the property because she was renting it to a tenant in receipt of housing benefit. The landlord, Helena McAleer, was told that she would either have to evict her tenant or pay the early repayment charges and forego the mortgage as it was the bank’s policy not to allow rentals to a ‘DSS claimant’.

The Committee notes that there are 4.2 million people in receipt of housing benefit in the UK. Research by the Residential Landlords Association found that 66% of lenders, covering 90% of the buy-to-let market, have this kind of prohibition on lending. The Committee expressed deep concern about the extent to which mortgage providers are therefore preventing landlords from renting to benefit claimants, “especially given the desperate shortage of affordable housing and the large numbers of claimants now dependant on the private rented sector”. For the correspondence published by the Committee, click here For an article about the matter, published by Generation Rent, click here

Prevention of youth homelessness – Wales
On 20 November 2018, Carwyn Jones, the Welsh Government First Minister, announced new projects to prevent youth homelessness in Wales. He set out how £10 million of funding, announced last year, would be used to identify those at risk of becoming homeless sooner and to take preventative action. For details, click here

Timeliness of possession proceedings in private landlord possession cases
On 22 November 2018 the Secretary of State for Justice provided a written answer to a question posed by Kevin Hollinrake MP which revealed that in 2017 the average time taken for a private landlord to recover possession of a rented property in the county court in England was 22 weeks from issue of the proceedings. In 2016 the comparative period was 24.2 weeks. The Ministry of Justice response shows the (a) mean and (b) median times for possession proceedings in the county courts for 2013 to 2017 (i) across England and (ii) by each court circuit. For the response, click here

Challenging discrimination in the private rented sector

On 19 November 2018 Rent Smart Wales published two free guides for tenants aimed at reducing discrimination and mistreatment in the private rented sector. The guides, called Common Issues and how to overcome them and Challenging Discrimination, aim to provide tenants with knowledge of their rights as well as where to go for additional support should they require it. For the guides, 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 Commons stages on 26 October 2018. In the House of Lords it received its first reading on 30 October 2018 and second reading on 23 November 2018. It will begin its committee stage on a date to be announced. For the Bill as introduced in the House of Lords, click here For a House of Commons Library research briefing prepared in readiness for the House of Lords 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 was due to receive its second reading on 23 November 2018 but was not called. The Bill itself has not yet been published. 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 has now been scheduled for a second reading debate on 25 January 2019. It will begin its committee stage on a date to be announced. 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. It has now been scheduled for a second reading debate on 25 January 2019. 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 has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, click here 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 has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, 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 completed its committee stage on 20 November 2018. It is due to have its report stage on 5 December 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 has now been scheduled for a second reading debate on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Freehold Properties (Management Charges and Shared Facilities) Bill
This Private Members' Bill, sponsored by Helen Goodman, seeks to make provision for the regulation of fees charged by management companies to freeholders of residential properties; to make provision for self-management of shared facilities by such freeholders; and to require management companies to ensure shared facilities are of an adequate standard. It received its first reading on 14 November 2018. It is due to receive its second reading on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Gypsy and Traveller Communities (Housing, Planning and Education) Bill
This Private Members' Bill, sponsored by Andrew Selous, seeks to make provision about periodical local authority reviews of the housing needs of Gypsy and Traveller communities; to make provision for the conversion of caravan sites into settled accommodation; to require local authorities to provide temporary caravan stopping sites where there is a demonstrated need; to create a criminal offence of unauthorised encampment; to make provision about the education of Gypsy and Traveller children; and to require schools to have regard to Gypsy and Traveller culture and heritage in teaching. The bill received its first reading on 13 November 2018. Its second reading has been postponed until 25 January 2019. 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 2 where the Equality, Local Government and Communities Committee will consider amendments. Stage 2 consideration will take place in Committee on 29 November 2018. For the Bill, as introduced, associated information and to follow its progress, click here

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HOUSING LAW CONSULTATIONS
 

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

Changes to planning policy and guidance including the standard method for assessing local housing need
The publication of new household projections by the Office for National Statistics has led to a significant reduction in the overall numbers generated by the standard method for assessing local housing need. This consultation sets out proposals to update planning practice guidance on housing need assessment to be consistent with increasing housing supply. This consultation also proposes clarifications of national planning policy on:

  • housing land supply
  • the definition of deliverable
  • appropriate assessment.

The consultation closes on 7 December 2018. For the consultation document, click here

Ensuring tenants’ access to gigabit-capable connections
The Department for Digital, Culture, Media and Sport is seeking views on proposals to make it easier for residential and commercial tenants to access high quality and reliable broadband. The government has set a target of making gigabit-capable networks available to 15 million premises by 2025, with nationwide coverage by 2033. This consultation is seeking responses on the following proposals:

  • Amending the Electronic Communications Code to place an obligation on landlords to facilitate the deployment of digital infrastructure when they receive a request from their tenants.
  • Enabling communications providers to use magistrates’ courts to gain entry to properties where a landlord fails to respond to requests for improved or new digital infrastructure.

The consultation closes on 21 December 2018. For the consultation document, click here

Private shared homeownership: call for proposals
The government would welcome proposals in three categories:

  • private shared ownership which would be primarily privately funded
  • other private affordable homeownership products which should be primarily privately funded
  • other innovative routes into homeownership which do not require government investment but may require the removal of regulatory or other barriers.

Proposals should not rely on government grant funding, government guarantees or developer s106 contributions. The government is particularly interested in private shared ownership proposals where it believes government loan funding will play an important part in removing the risk and financial uncertainty created by staircasing (ie buying extra shares in a shared ownership property).

The consultation closes on 1 February 2019. For the consultation document, click here

Considering the case for a Housing Court: call for evidence
The MHCLG is seeking views and opinions from the judiciary, landlords and tenants to help the government to better understand and improve the experience of people using courts and tribunal services in property cases, including considering the case for a specialist Housing Court. The department is interested in views and opinions on the:

  • private landlord possession action process in the county court
  • user experience in both the county courts and the First-tier Tribunal for property cases
  • case for a new Housing Court
  • case for other structural changes such as an extension of the remit of the property tribunal.

The consultation closes on 22 January 2019. For the consultation document, click here

Housing Ombudsman: consultation on three year corporate plan
The Housing Ombudsman has launched a consultation seeking views on its three year corporate plan, 2019-22, and supporting plan for the first year. The plan is focused on four new strategic objectives which are to:

  • Deliver a fair and impartial service, resolving disputes at the earliest opportunity
  • Promote positive change in the sector
  • Provide a service that is professional, accessible and simple to use
  • Ensure its service is open and transparent.
The consultation seeks views on the priorities and activities identified under each strategic objective, plus the fee proposals across the three years to fund the ambitions set out in the plan and keep pace with external changes. The consultation is open until 10 December 2018. For details, click here
HOUSING LAW DIARY
 

29 November 2018                               
Stage 2 consideration of Renting Homes (Fees etc.) (Wales) Bill (see Housing Laws in the Pipeline)

5 December 2018                                 
Report stage of Tenant Fees Bill (see Housing Laws in the Pipeline)

6 December 2018                                 
House of Commons Westminster Hall debate on the use of section 21 evictions in the private rented sector

7 December 2018                                 
Consultation closes on Changes to planning policy and guidance including the standard method for assessing local housing need (see Housing Law Consultations)

10 December 2018                               
Housing Ombudsman’s consultation closes on its three-year corporate plan (see Housing Law Consultations)

14 December 2018                               
Consultation closes on Implementing changes to the park home commission rate – Wales (see Housing Law Consultations)

19 December 2018                               
Consultation closes on Housing adaptations service standards – Wales (see Housing Law Consultations)

21 December 2018                               
Consultation closes on Ensuring tenants’ access to gigabit-capable connections (see Housing Law Consultations)

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