26th June 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Vagrancy Act: Crisis calls for abolition
On 19 June 2019 Crisis published a report which calls for the abolition of the Vagrancy Act 1824 which renders rough sleeping and begging illegal in England and Wales. The charity points out that the Act was originally brought in to make it easier for police to clear the streets of destitute soldiers returning from the Napoleonic Wars. It makes it a criminal offence to ‘wander abroad’ or to be ‘in any public place, street, highway, court, or passage, to beg or gather alms’. Nearly two hundred years later, it is still being employed, despite criticism from within the police force that it needlessly criminalises vulnerable people. For more information, click here. For the Local Government Association’s response, click here.

Homeless deaths: Labour Party analysis
On 24 June 2019 The Guardian reported that Labour Party analysis had found that nine of ten councils in England and Wales with highest fatalities of homeless people had imposed cuts more than three times the national average. They are Birmingham, Manchester, Leeds, Blackburn, Liverpool and the four London boroughs of Camden, Westminster, Lambeth and Tower Hamlets. For the report, click here.

Rough sleeping – London
On 19 June 2019 the Combined Homelessness and Information Network (CHAIN) published data showing that 8,855 people slept rough in London in 2018/19, a sharp rise of 18 per cent. The statistics also reveal that over the last year there had been 5,529 new rough sleepers on the capital’s streets. Over a third of these are people who have lost private rented accommodation. For more information from Crisis about the data, click here. For the data, click here. For comment by Homeless Link, click here.

Local Government Homelessness Commission: final report
On 20 June 2019 the Local Government Information Unit (LGiU) launched the final report from the Local Government Homelessness Commission (LGHC), a year-long initiative set up to investigate how councils can fulfil their obligation to prevent homelessness. In the report, the LGHC argues that a comprehensive housing and homelessness strategy is desperately needed to address the underlying causes of homelessness and give councils the powers and resources they need to carry out their duties. Commissioners conclude that the recent dramatic rise in homelessness across the UK is a result of national policy failure and that rough sleeping is “just the tip of the iceberg”. According to the Commission, tackling homelessness and addressing its causes are a long-term project that needs to draw on partners and organisations from across the public sector and cannot be solved by reactive homelessness services alone.

The report recommends:

  • A sustainable housing and homelessness strategy, with adequate funding
  • Local variation of housing allowance
  • The introduction of minimum three year tenancies for the private rented sector
  • A homelessness prevention toolkit, designed around the needs of local government.

For the report, click here. For a summary, click here. For comment by the Local Government Association, click here.

Support for Mortgage Interest: transfer option announced
On 12 June 2019 the Department for Work and Pensions announced that disabled people and others receiving SMI – which is available from government to owner-occupiers in times of need – will now be able to transfer this support to their new property when moving home, rather than having to repay the loan and reapply. For more details, click here.

Right to Buy sales in England: January to March 2019
On 20 June 2019 the MHCLG published official statistics on the number of sales of dwellings under the Right to Buy scheme, as well as statistics on receipts resulting from those sales and starts on site as part of the one-for-one additions policy.

In the period, local authorities sold an estimated 2,612 dwellings under the scheme, a decrease of 23 per cent from the same quarter a year before. Local authorities received about £219.7 million from Right to Buy sales, 16 per cent lower than the same quarter of 2017-18. The average receipt per dwelling sold in that period was £84,100, compared to £82,800 a year before. There were 1,406 dwellings started on site or acquired (as part of Right to Buy replacement policy), 13 per cent lower than the number of dwellings started or acquired in the same quarter of 2017-18. For the full statistics, click here.

Social housing sales
On 20 June 2019 the MHCLG published tables on social housing sales, whether owned by local authorities or private registered providers. They show social housing sales, Right to Buy sales, other schemes, household characteristics, local authority housing statistics data and sales of local authority dwellings. To access the tables, click here.

Private rental market summary statistics: April 2018 to March 2019
On 20 June 2019 the Valuation Office Agency published statistics on the private rental market for England. They show:

  • The median monthly rent recorded between 1 April 2018 and 31 March 2019 in England was £695.
  • London had the highest median monthly rents, and the largest variation in rental values, followed by the South East.
  • The median rent in London (£1,495) was more than double the English median rent.
  • The North East had the lowest median rent at £495.

For the full statistics, click here.

Housing statistics: April 2018 to March 2019
On 18 June 2019 Homes England published statistics of the housing starts on site and housing completions delivered by it between 1 April 2018 and 31 March 2019. There were 45,692 housing starts on site and 40,289 housing completions delivered through programmes managed by Homes England in England (excluding London for all programmes except those administered by Homes England on behalf of the Greater London Authority (GLA)). Levels of starts were the highest for nine years, while completions were the highest for four years. 30,563 (67 per cent) of housing starts on site were for affordable homes. This represents an increase of 10 per cent on the 27,876 affordable homes started in 2017-18. Numbers of affordable starts were the highest for five years. 17,772 affordable homes started in 2018-19 were for Affordable Rent, an increase of 4 per cent on the 17,159 started in 2017-18. For the full statistics, click here.

Drug-related harm in homeless populations: ACMD report
On 19 June 2019 the Advisory Council on the Misuse of Drugs published a report providing advice to the government on the factors that make the homeless population vulnerable to substance misuse harms and how these can reduced. The report finds that there is a higher rate of drug-related deaths, infections among people who inject drugs, and multiple morbidities. People who experience homelessness and use substances have particularly complex circumstances and additional risks which require intensive long-term support. An integrated health, social care, and community care approach to the recovery and housing needs of people who are homeless would provide the optimal model of service. This, says the report, must include a focus on safe, stable housing and evidence-based harm reduction initiatives. For the report, click here.

Rogue landlord: £8,000 fine and costs imposed for renting unsafe and unlicensed property
On 20 June 2019 Brent Council reported that a rogue landlord, who rented out an unsafe and unlicensed property in its Mapesbury ward, has received a £8,000 fine and costs after ignoring two civil penalty notices issued by the Council. A council enforcement officer had found a family on the ground-floor living in a structurally unsafe flat, with the front right corner of the building falling away, the rear extension falling away from the main building, a leaking corrugated iron roof, exposed wires and not enough power sockets. The conditions were so dangerous that the Council helped the family to move into a hostel where they would be safe. For the report, click here.

Affordable homes in London: £4.9bn a year needed
On 24 June 2019 the Greater London Authority published a report estimating that the grant required to deliver a new 2022-2032 affordable homes programme of 22,750 social rent homes, 6,500 shared ownership homes and 3,250 intermediate rent homes is £4.9 billion per year. This is 48 per cent of the estimated total cost of the grant-funded affordable homes, a figure that is lower than typical Government grant rates prior to the financial crisis. For the report, click here. For the executive summary, click here. For the Mayor’s comments on the report, click here.

Homeless Link to deliver new Housing First grants programme
On 24 June 2019 Homeless Link announced that it will deliver an onwards grants programme on behalf of Comic Relief, which will provide a total of £450,000 in funding for Housing First projects in England. The grants, which will be between £20,000 and £100,000, will be available to existing providers of Housing First and used to test new approaches within current delivery. The programme will open for first stage submissions at the end of June 2019. 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

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.

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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.

Building a safer future: proposals for reform of the building safety regulatory system
This consultation builds on the recommendations from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. It proposes fundamental reform of building safety requirements so that residents are safe, and feel safe, in their homes. The proposals span five broad areas:

  • the scope of the new regime
  • the concept of duty holders who have clear responsibilities throughout a building’s design, construction and occupation
  • giving residents a stronger voice in the system and ensuring their concerns are never ignored
  • plans for a new building safety regulator to provide oversight of the new building safety regulatory regime
  • strengthened enforcement and sanctions to deter non-compliance with the new regime.

The Home Office, simultaneously with this document, has issued a call for evidence on the Regulatory Reform (Fire Safety Order) 2005. The consultation closes on 31 July 2019. For the consultation document, click here.

Inquiry into long-term delivery of social and affordable rented housing: Commons Select Committee
On 31 May 2019 the Commons Select Committee on Housing, Communities and Local Government announced a new inquiry into the effectiveness of the Government’s current strategies to boost social and affordable rented housing provision. This will include the adequacy of funding levels, as well as programmes and incentives for key stakeholders, such as local authorities and housing associations, to stimulate delivery. The Committee will also look at the challenges facing different areas of the country and consider what lessons can be learnt from successful schemes in other countries. The Committee invites written submissions to the inquiry by 12 July 2019, addressing the following terms of reference:

  • How can the Government ensure the sustainable delivery of social and affordable rented housing to meet long-term need and contribute to the Government’s overall housebuilding targets?
    • What levels of central government funding will be required to support this delivery over the next 10 years?
    • How effective existing government incentives and programmes are and what further incentives should the Government provide to key stakeholders to stimulate delivery?
    • Are supply subsidies the best way of supporting delivery, or should other approaches be considered?
  • What should the role of (a) local authorities, as enablers and providers, (b) Homes England (c) housing associations and (d) other providers be in that long-term delivery?
  • How does the Government ensure long-term provision (a) meets the needs of tenants and (b) is adequately regulated?
  • How can the Government’s approach to delivery best meet the different needs of individual regions and area?
  • What lessons can be learned from alternative approaches to social and affordable rented housing delivery in other countries and jurisdictions?

For more details of the inquiry, click here.

Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information
The Welsh Government is consulting on making two sets of regulations under paragraph 6 of Schedule 1, and paragraph 11 of Schedule 2, to the Renting Homes (Fees etc.) (Wales) Act 2019:

  • To prescribe the description and the limits of payments in default which are to be regarded as permitted payments.
  • To specify information a landlord (or their agent) should provide to a prospective tenant before a holding deposit is taken.
The consultation closes on 19 July 2019. For the consultation document and for methods of responding to it, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Cardiff homeless camp clearances: 'You have to start again from scratch' Sarah Marsh The Guardian The Guardian 17 June 2019 – to read the article, click here

The answer to the UK’s homelessness crisis is painfully simple: give people homes Harry Quilter-Pinner The Guardian 18 June 2019 – to read the article, click here

How street papers have been battling against a Vagrancy Act for decades Dr Owen Clayton The Big Issue 19 June 2019 – to read the article, click here

Grenfell two years on – the public inquiry into a preventable disaster Remy Mohamed The Law Society 20 June 2019 – to read the article, click here

DSS discrimination means renters are punished for their circumstances Alastair Ball Shelter Blog 21 June 2019 – to read the article, click here

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

HOUSING LAW DIARY
 

10 July 2019                                         
Housing (Right to Buy) (Designated Rural Area and Designated Region) (England) Order 2019 comes into force

12 July 2019                                         
Closing date for submission to the Commons HCLG Committee’s inquiry into long-term delivery of social and affordable rented housing (see Housing Law Consultations)

19 July 2019                                         
Closing date for submission to the Welsh Government’s consultation on Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information (see Housing Law Consultations)

30 July 2019                                        
Closing date for submissions to the consultation on a new Rent Standard from 2020 (see Housing Law Consultations)

31 July 2019                                        
Closing date for submissions to the consultation on building a safer future: proposals for reform of the building safety regulatory system (see Housing Law Consultations)

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