HOUSING LAW NEWS & POLICY ISSUES

Local Government and Social Care Ombudsman annual review and interactive map
On 31 July 2019 the Local Government and Social Care Ombudsman published its annual review of local government complaints for 2018-19, and with it an innovative, interactive map to make each council’s information more easily available. The review shows the Ombudsman registered 16,899 complaints and enquiries over the period. Of these 2,024 related to housing (down from 2,198 in the previous year). For the review, click here and download from the right hand column. For the interactive map, click here.

Legal help: where to go and how to pay
On 1 August 2019 the House of Commons Library published a briefing paper providing information about sources of legal help and advice, and how to pay for it, including:

• Finding legal help;
• Self-representation;
• Legal aid;
• Pro bono legal help;
• Other ways of finding legal advice, including organisations which provide help and advice in connection with specific legal issues.

For the briefing, click here.

‘Right to rent guidance breaks the law’: Residential Landlords Association
On 5 August 2019 the Residential Landlords Association stated that following new guidance on the Right to Rent, produced by the Home Office, would cause landlords to break the law. The guidance says that for nationals from Australia, Canada, Hong Kong, Japan, Singapore, South Korea and the United States (known as B5JSSK nationals), planning on staying in the UK for up to six months, landlords will be required to see only their passport and airline ticket (and not a visa) as proof that they can rent property. The RLA argues that such evidence does not meet the threshold of the Code of Practice which states that landlords “must be shown clear evidence from the Home Office that the holder has the right, either permanent, or for a time limited period, to reside in the UK”. For the RLA article, click here. For the latest version of the guidance, click here.

Rogue landlord stripped roof off tenants’ home: Brent Council
On 31 July 2019 Brent Council reported that a rogue landlord, who housed more than 25 tenants in a rundown property, has been ordered to pay a £25,500 fine. Willesden Magistrates’ Court found the landlord guilty of housing breaches and a failure to licence. Brent was able to prove that he had been receiving rent paid by the tenants living in the overcrowded, unlicensed HMO, although he had not been managing the property himself. In July last year, the Fire Brigade was called to stop a leak at the house caused by workers removing the property's roof while tenants were still living inside. Council enforcement officers visited the property following this incident and delivered a prohibition to rent order due to the extent of the unsafe conditions. Brent's housing team assisted the tenants in finding new homes. For Brent’s report, click here.

Council tenant fined £100,000 for Airbnb subletting
On 29 July 2019 Westminster City Council reported that a council tenant has been ordered to pay over £100,000 for illegally subletting his social housing flat in Victoria as a holiday home through Airbnb. The property on Vauxhall Bridge Road had been advertised on Airbnb with over 300 reviews dating back to 2013. The tenant was taken to court by Westminster City Council for breaching the terms of his tenancy agreement and last summer the council was awarded a possession order for the property. The tenant’s permission to appeal this was unsuccessful and at a recent hearing, the judge made an Unlawful Profits Order of £100,974.94, one of the highest ever awarded to the council. The tenant has now been evicted from the property. For the full report, click here.

Living in asylum accommodation
On 29 July 2019 the Home Office published a guide (in several languages) for asylum seekers staying in temporary accommodation while their claim for asylum is assessed. The guide contains information about:

• the housing and services you can expect to receive;
• the organisations that provide and deliver these services;
• what is expected from the asylum seeker;
• where to report problems, concerns and change in circumstances.
  

The guide relates to the service provided under the new contracts which come into place between 1 July and 1 September 2019 in different regions. For the guide, click here.

HOUSING LAWS IN THE PIPELINE

The UK Parliament rose for its summer recess on 25 July 2019. It returns on 3 September 2019. The National Assembly for Wales rose on 19 July and returns on 16 September 2019.
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

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 was due to take place on 1 February 2019 but Parliament did not sit on that day and the second reading will now take place on a date to be announced. 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. Second reading had been further postponed until 22 March 2019 but the Bill was not called. The Bill is now expected to have its second reading debate 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. Second reading has been postponed to a date to be announced. 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. Second reading has been postponed to a date to be announced. 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. Second reading has been further postponed and will now take place on a date to be announced. For the Bill as introduced, 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. Second reading has been postponed to a date to be announced. 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. Second reading has been further postponed and is now expected to be on a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here

Fire Safety (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Marsha De Cordova, would require freeholders of certain properties that have failed fire safety tests to carry out remedial work; to make provision for sanctions for such freeholders who fail to carry out such work; to ensure that leaseholders are not held liable for the costs of such work; and to make provision for a loan scheme to assist freeholders in carrying out such work. It received a first reading on 28 November 2018 and will have its second reading on a date to be announced. To follow progress of the Bill, click here.

Tenancy (Deposits and Arbitration) Bill
This Private Members' Bill, sponsored by Lloyd Russell-Moyle, would establish a single custodial tenancy deposit scheme; to provide for that scheme to invest deposits; to require interest on such investments to be used for the provision of tenant advocacy, tenant support and arbitration services; to establish a mandatory arbitration service for the resolution of disputes between landlords and tenants. The Bill received its first reading in the House of Commons on 13 March 2019. The second reading is scheduled to take place on a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Freehold Properties (Management Charges) Bill
This Private Members' Bill, sponsored by Preet Kaur Gill, would require landlords to provide accounts of management charges payable under section 19 of the Leasehold Reform Act 1967 to freehold property owners. The Bill received its first reading in the House of Commons on 5 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Ground Rents (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Eddie Hughes, would regulate ground rents charged on leasehold properties; make provision for a cap on ground rents; and make property developers liable for the legal costs of leaseholders seeking to vary certain ground rent contracts. The Bill received its first reading in the House of Commons on 25 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

HOUSING LAW CONSULTATIONS

Changes to the intervention, enforcement and use of powers guidance by Regulator of Social Housing
The Regulator of Social Housing is running a consultation, closing on 16 August 2019, on changes to its guidance on intervention, enforcement and use of powers. The proposed updates reflect legislative changes, including the introduction of the Housing and Administration regime, the Co-operative and Community Benefit Societies Act 2014 and the move to a standalone status for the Regulator. The guidance sets out the Regulator’s general approach to intervention and enforcement of registered providers and reinforces the high-level objectives and principles underpinning its approach to dealing with poor performance in a rapidly-changing social housing sector. For the consultation document and annexes, click here.

Tenancy deposit reform: a call for evidence
This call for evidence seeks to understand the barriers tenants face providing a second deposit when moving from one tenancy to the next. It looks at what can be done to speed up the return of deposits to tenants at the end of the tenancy. It considers whether existing initiatives to address deposit affordability are meeting tenants’ needs and whether the market can offer improved products. It also explores innovative approaches that could be taken to help tenants move more easily, including allowing tenants to passport their deposit between tenancies.

The call for evidence, which closes on 5 September 2019, builds on the work of the Tenancy Deposit Protection Working Group, which has been looking at whether improvements can be made to deposit protection to the benefit of tenants and landlords. For the consultation document, click here.

Redress for purchasers of new build homes and the New Homes Ombudsman
This consultation, which closes on 22 August 2019, seeks views on a New Homes Ombudsman and the detail of proposed legislation to provide better redress for purchasers of new build homes. This includes the design and delivery of the New Homes Ombudsman, its powers, remit and how to fund it. The consultation also seeks views on whether a Code of Practice should also be underpinned in statute. For the consultation document, click here.

Increasing the minimum notice period for a no fault eviction – Wales
The Welsh Government is consulting on:

• extending the minimum notice period from two months to six months
• increasing the period at the beginning of a contract during which a landlord cannot give notice from four months to six months
• placing a six-month restriction on issuing a notice following the expiry of a previous notice
• removing a landlord’s ability to end a fixed term standard contract (under section 186)
• the use of break clauses in fixed term contracts.

The consultation will close on 5 September 2019. For the consultation document, click here.

Ending the Scandal: Labour’s new deal for leaseholders
The Labour Party has published plans to end leasehold ownership of houses and flats. It proposes five key changes:

1. End the sale of new private leasehold houses with direct effect and the sale of private leasehold flats by the end of the party’s first term in Government.
   
   
2. End ground rents for new leasehold homes, and cap ground rents for existing leaseholders at 0.1 per cent of the property value, up to a maximum of £250 a year.
   
   
3. Set a simple formula for leaseholders to buy the freehold to their home, or commonhold in the case of a flat, capped at 1 per cent of the property value.
   
   
4. Crack down on unfair fees and contract terms by publishing a reference list of reasonable charges, requiring transparency on service charges and giving leaseholders a right to challenge rip-off fees and conditions or poor performance from service companies.
   
   
5. Give residents greater powers over the management of their homes, with new rights for flat owners to form residents associations and by simplifying the Right to Manage.

The document sets out a series of questions to which the party seeks responses by 30 September 2019. For the consultation document, click here.

Local authority housing statistics: proposed changes
This MHCLG consultation seeks views on the proposed discontinuing of the local authority housing statistics (LAHS) bulletin that is published in January every year and for its content to be published in other statistical bulletins throughout the year. The consultation closes on 9 September 2019. For the consultation document, click here.

A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants
On 15 April 2019, the government announced that it will put an end to so called ‘no-fault’ evictions by repealing section 21 of the Housing Act 1988. Under the new framework, a tenant cannot be evicted from their home without good reason. The government says that this will provide tenants with more stability, protecting them from having to make frequent moves at short notice, and enabling them to put down roots and plan for the future. The government also proposed to strengthen the section 8 eviction process, so landlords are able to regain their property should they wish to sell it or move into it themselves. This will provide a more secure legal framework and a more stable rental market for landlords to remain and invest in.

This consultation seeks views on how section 21 of the Housing Act 1988 has been used in the past, and the circumstances in which landlords should be able to regain possession once it has been abolished, including what changes may be necessary to the existing grounds for possession in Schedule 2 to the Housing Act 1988.

The government is also inviting views on the implications of removing the ability of landlords to grant assured shorthold tenancies in the future, how the processing of repossession orders through the courts could be improved, and whether the reforms should be extended to other types of landlords, most notably, to housing associations.

The consultation closes on 12 October 2019. For the consultation document, click here.

Rogue landlord database reform
​The database of rogue landlords and property agents was introduced in April 2018. The database is targeted at only the most serious and prolific criminals, who are convicted of the limited range of banning order offences. The database is currently an enforcement tool available to local authorities, except in certain circumstances where anonymised, aggregated data can be requested by the public.

In October 2018 the Prime Minister committed to opening up access to information on the database of rogue landlords and property agents to tenants. This consultation is seeking views on widening access to the database to allow tenants and prospective tenants access to the database. To ensure that the database is a useful tool for local authorities and tenants, we are also seeking views on expanding the scope of offences and infractions which could lead to entries on the database.

Annex A contains the current list of offences and infractions which lead to inclusion on the database. Annex B contains a list of proposed offences and infractions for inclusion on the database.

The consultation closes on 12 October 2019. For the consultation document and annexes, click here.

Mobile homes: a fit and proper person test for park home sites
In 2018, following a review of park homes legislation, the government gave a commitment to introduce a fit and proper person test for site licence holders and managers of park home sites in England, subject to a technical consultation. The purpose of the test is to improve the standards of park home site management. This consultation is intended to ensure that the regulations will support effective operation of the fit and proper person test in practice. The consultation closes on 17 September 2019. For the consultation document, click here.

Homelessness Reduction Act 2017: call for evidence
The Government regards the Homelessness Reduction Act as a key lever for reducing homelessness and helping to halve rough sleeping by 2022 and ending it altogether. This call for evidence seeks to gather evidence on:

• the impact the Act has had and the outcomes that are being achieved;
• how has the Act changed the approach of local housing authorities and their partners to tackling homelessness and supporting those in need;
• the experience of people approaching their local housing authority for help;
• how the implementation of the Act has been resourced, including the level of new burdens funding to assist this; and
• what elements of the Act and processes are working well, and which might need adjustment.

The consultation closes on 15 October 2019. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Too late to waive Giles Peaker Nearly Legal 29 July 2019 – to read the article, click here
Successful housing markets are built on social homes Rose Grayston Shelter Blog 31 August 2019 – to read the article, click here

Here's how Britain's broken housing system can be fixed in a decade Joe Beswick The Guardian 1 August 2019 – to read the article, click here

Delivering a European campaign to end street homelessness Patrick Duce Homeless Link 1 August 2019 – to read the article, click here

Boris Johnson and the housing crisis Patrick Collinson The Guardian 2 August 2019 – to read the article, click here

Government consultation on domestic violence is an opportunity to make things better Dr Yoric Irving-Clarke CIH Blog 2 August 2019 – to read the article, click here

Fixed terms that then aren’t Giles Peaker Nearly Legal 3 August 2019 – to read the article, click here

Gas Safety and section 21 – late inspections Giles Peaker Nearly Legal 3 August 2019 – to read the article, click here

Hypothetical bedrooms Giles Peaker Nearly Legal 3 August 2019 – to read the article, click here

Why aids and adaptations at home can be life-changing for people with arthritis Tracey Loftis CIH Blog 5 August 2019 – to read the article, click here

Housing benefit: update 2019 Bethan Harris, Desmond Rutledge and Kevin Gannon Legal Action July / August 2019 – to read the article (subscription required), click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action July / August 2019 – to read the article (subscription required), click here

HOUSING LAW DIARY

16 August 2019                                    
Closing date for submission to the consultation on changes to the intervention, enforcement and use of powers guidance by Regulator of Social Housing (see Housing Law Consultations)

22 August 2019                                    
Closing date for submission to the consultation on redress for purchasers of new build homes and the New Homes Ombudsman (see Housing Law Consultations)

3 September 2019                                
Parliament returns

5 September 2019                                
Closing date for submissions to the call for evidence in respect of tenancy deposit reform (see Housing Law Consultations)

5 September 2019                                
Closing date for submissions to the Welsh Government consultation on increasing the minimum notice period for a no fault eviction (see Housing Law Consultations)

9 September 2019                                
Closing date for submission to the consultation on proposed changes to local authority housing statistics (see Housing Law Consultations)

16 September 2019                              
National Assembly for Wales returns

30 September 2019                              
Closing date for submissions to the Labour Party’s consultation on Labour’s new deal for leaseholders (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week

Trainee Relief Housing Officer
Hemel Hempstead

We are recruiting for a Trainee Relief Housing Officer to be part of a team providing a programme of resident involvement to Hightown`s general needs tenants, shared owners and leaseholders.

The role will involve undertaking a two year training programme to develop skills, knowledge and experience in resident involvement and housing management.

Salary : £25,493 pa

Click here to apply

Crisis
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Crawley Borough Council
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Hopkin Murray Beskine
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Milton Keynes Council
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Milton Keynes Council
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Shelter
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