22nd May 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Leasehold mis-selling: CMA investigation
On 16 May 2019 the Commons Housing, Communities and Local Government Committee confirmed and welcomed the commitment by the Competition & Markets Authority (CMA) to investigate the mis-selling of leasehold properties. The Committee said that the CMA has also said that it will examine whether the most onerous leasehold terms, such as permission fees and doubling ground rents, might constitute ‘unfair terms’ as legally defined. These investigations may, in due course, lead to the CMA bringing enforcement proceedings against the developers and freeholders responsible. For more details of the correspondence between the Committee and the CMA, click here.

Court reforms: Justice Select Committee inquiry
On 21 May 2019 representatives of Shelter and the Housing Law Practitioners Association, amongst other organisations, appeared before the Commons Justice Select Committee which was hearing evidence in relation to Court and Tribunal reforms. To watch the evidence session, click here.

No-fault evictions
On 15 May 2019, Lord Bourne of Aberystwyth, Under-Secretary of State at the MHCLG, answered Lords’ questions concerning the Government’s recently announced proposal to remove Section 21 no-fault evictions. For the Hansard record of the exchanges, click here. For a summary of proceedings on the Residential Landlords Association website, click here.

Trespass to land
On 15 May 2019 the House of Commons Library published a research briefing providing some background information about issues relating to trespass to land. Trespass is not generally a criminal offence; however, there are certain statutory provisions which make particular forms of trespass offences. In 2012, the Government introduced a new offence of squatting in residential buildings, but also said it had no plans to criminalise any other forms of trespass. In 2018 the Government published a consultation on powers to deal with unauthorised development and encampments. The Government's response to the consultation includes plans to strengthen police powers to deal with trespassers in certain situations. For the briefing, click here.

Tribunal Procedure (Amendment) Rules 2019
These Rules, which come into force on 3 June 2019, make miscellaneous changes. Of particular note to housing professionals is Rule 5 which amends the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 in respect of new appeal routes introduced by the Tenant Fees Act 2019. Rule 5(2)(b) inserts a new definition of “tenant fees case” and rule 5(2)(a), (3) and (4) makes amendments to the Rules in respect of such cases. For the 2019 Rules, click here. For the 2013 Rules, click here.

Croydon Lettings
On 16 May 2019 Croydon Council announced that its establishment of Croydon Lettings has prevented homelessness for almost 50 families and avoided the £275,000 cost of putting them in emergency housing by matching them with responsible private landlords. Since the creation of Croydon Lettings, less than a year ago, the council has:

  • Moved 47 households – or 76 people – faced with eviction into more affordable rented properties
  • Removed the need to spend £275,000 placing them in temporary council accommodation
  • Developed a ‘wraparound’ tenancy service as the main contact for both families and landlords.

The agency, which is run by the council’s Gateway welfare service, works by giving prospective tenants a personalised training course before matching them with a private landlord. The course includes budgeting advice, benefits support, tenancy tips and wider skills training. For more information, click here.

Benefit cap: Supreme Court ruling
On 15 May 2019 the Supreme Court, by a majority of five to two, dismissed appeals by campaigners who argued that the benefit cap discriminated against single parents with young children. The majority held that the government’s decision not to exempt single parents with young children was “not manifestly without reasonable foundation” and did not breach human rights laws.

For the judgment (and summary) in R (DA and others) v Secretary of State for Work and Pensions and R (DS and others) v Secretary of State for Work and Pensions, click here. For the same in respect of R (DS and others) v Secretary of State for Work and Pensions, click here. For coverage in The Guardian, click here. For the response of the CIH, click here.

‘Housing benefit freeze will push more people into homelessness’: Crisis
On 15 May 2019 Crisis and the Joseph Rowntree Foundation published The Homelessness Monitor: England which includes a national survey of councils, statistical analysis, and in-depth interviews with council and national government representatives and charities working with homeless people. According to the report, nine out of ten councils warn that increasing numbers of people in their area on the lowest incomes will become homeless because the freeze on Local Housing Allowance (LHA) and other benefits means they cannot afford to pay their rents. For the report, click here.

Renting Homes (Fees etc.) (Wales) Act 2019
On 15 May 2019 the Renting Homes (Fees etc.) (Wales) Act 2019 became law. The Act makes it an offence to charge a tenant any payment that is not specified as a ‘permitted payment’ by the legislation. This means tenants cannot be charged for such things as an accompanied viewing, receiving an inventory, signing a contract, or renewing a tenancy. The Act will cap holding deposits, paid to reserve a property before the signing of a rental contract, to the equivalent of a week’s rent and create provisions to ensure their prompt repayment. It will also give the Welsh Government the power, should it wish to use it in the future, to limit the level of security deposits. For the Act, click here.

Guide on becoming a registered provider
On 15 May 2019 the Regulator of Social Housing published a guide for providers of social housing considering applying to register with RSH and for organisations advising potential applicants. The guide aims to help individual organisations make informed decisions about whether seeking registration with the Regulator is the right decision for them. It covers the common misconceptions about registration and the main issues that applicants encounter in seeking to demonstrate that they meet requirements. It also explains some of the checks that the Regulator carries out to verify the information. For the guide, click here.
HOUSING LAWS IN THE PIPELINE
 

Renting Homes (Fees etc.) (Wales) Act 2019
This Welsh Government legislation received Royal Assent on 15 May 2019. It 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. For the Act, click here. For all developments during the legislative process, click here. For a press release by the Welsh Government, click here.

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.

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HOUSING LAW CONSULTATIONS
 

Consultation on a new Rent Standard from 2020
The Regulator of Social Housing is proposing to replace the existing 2015 Rent Standard with a new Rent Standard for registered providers of social housing from 1 April 2020. The proposed changes have come about as a result of the Secretary of State for Housing, Communities and Local Government issuing a Direction in February 2019 to the Regulator of the Social Housing to set a new Rent Standard. The new Standard will also have regard to the Rent Policy Statement published alongside the Direction. The consultation closes on 30 July 2019. For the consultation document, click here.

Support for victims of domestic abuse in safe accommodation
This paper seeks views on the government’s proposals for a new approach to support victims of domestic abuse and their children in accommodation-based services in England. It is consulting on a new delivery model for accommodation-based support. This includes the introduction of a statutory duty on local authorities to provide support that meets the diverse needs of victims of domestic abuse and their children, ensuring they have access to provision that is right for them.
Views are sought on:

  • the definition of accommodation-based services and support
  • leadership and responsibilities
  • local and national accountability
  • guidance.

The government would like to hear from victims and survivors, service providers, local authorities, police and crime commissioners and other public agencies, as well as other professionals who support victims and their children.

The consultation closes on 2 August 2019. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

The Outside Project - supporting LGBTIQ+ homeless people in London Carla Ecola Homeless Link 14 May 2019 – to read the article, click here

Exclusion of poor tenants highlights fatal flaw in housing policy Patrick Butler The Guardian 15 May 2019 – to read the article, click here.

Keeping villages alive – what impact has the 5-star plan for rural housing had? Martin Collett NHF Blog 15 May 2019 – to read the article, click here.

Benefit cap: 'undoubtedly harsh' yet not unlawfully discriminatory Steph Kleynhans Shelter Blog 15 May 2019 – to read the article, click here.

Axing Section 21 does not mean homes for all David Smith Residential Landlords Association Blog 16 May 2019 – to read the article, click here.

What we really need to do to end the housing crisis for good Kate Henderson NHF Blog 16 May 2019 – to read the article, click here.

Mistaken protection Giles Peaker Nearly Legal 17 May 2019 – to read the article, click here.

Don’t go changing … Giles Peaker Nearly Legal 17 May 2019 – to read the article, click here.

Gimme Gimme Gimme Giles Peaker Nearly Legal 19 May 2019 – to read the article, click here.

Getting Guidance wrong and the perils of not updating legislation Giles Peaker Nearly Legal 19 May 2019 – to read the article, click here.

Housing repairs; update Catherine O’Donnell Legal Action May 2019 – to read the article (subscription required), click here

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

HOUSING LAW DIARY
 

1 June 2019                                         
Tenant Fees Act 2019 comes into force

1 June 2019                                         
Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 come into force (see Housing Law News and Policy Issues)

1 June 2019                                         
Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019 comes into force (see Housing Law News and Policy Issues)

1 June 2019                                         
Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2019 comes into force (see Housing Law News and Policy Issues)

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RECRUITMENT

Featured Job of the Week

Tower Hamlets Law Centre
Housing Solicitor/Caseworker

Salary: Up to £30,000 p.a. + generous terms and conditions. 

Tower Hamlets Law Centre helps some of the most vulnerable people in London’s East End. Since our foundation in 1975, we have earned a fine reputation amongst our clients and supporters as skilled and determined legal advisers to the local community. 

We are currently seeking a housing solicitor/caseworker to help work on our Legal Aid Agency contract covering legal help, certificated cases and representation at court as part of the duty solicitor scheme. You’ll need to have at least one year’s experience of advising and assisting in housing law (if you are a solicitor, not all of this experience needs to be post qualification), together with a talent for explaining complex legal ideas in simple language and the ability to manage a demanding workload. 

Please email recruitment@thlc.co.uk to request an application pack.  

The closing date for applications is Sunday 09 June 2019
 
 
Property Solicitor
Red Kite Community Housing
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Solicitor
Shelter
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Assessment Housing Options Officer
Crawley Borough Council
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Head of Income Management
Homes for Haringey
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Rent and Income Team Leader
Dacorum Borough Council
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Housing System Analyst
London Borough of Waltham Forest
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Housing Estates Assistant
Brighton & Hove City Council
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