5th February 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Rough Sleeping Initiative
On 28 January 2020 the MHCLG announced that in the third year of the Rough Sleeping Initiative funding to councils will increase by 30 per cent to £112 million. According to MHCLG, analysis shows that numbers of rough sleepers are 32 per cent lower in funded areas than they would be without the Initiative. The third year of the Rough Sleeping Initiative will fund up to 6,000 bed spaces and 2,500 support staff. For the announcement, click here.

Homelessness services
On 29 January 2020 the Local Government Association reported that “more than two-thirds of all council homelessness services in England [are in] the red”. Figures compiled by the LGA show that nearly seven in ten council homelessness services are having to spend more than they planned on homelessness support, including the increasing cost of using bed and breakfast accommodation to place families. The LGA says that council spending in England on placing families in B&Bs rose by more than a fifth in the last year alone, from £93.3 million in 2017/18 to £114.9 million in 2018/19, and that there are 7,110 homeless households currently in bed and breakfast accommodation – a 15-year high. For the report, click here.

Statutory homelessness in England
On 31 January 2020 the House of Commons Library published a briefing paper providing statistics on statutory homelessness in England and explaining local authorities' duties to assist homeless households. The paper includes an overview of, and comment on, Government policy in this area. The most recent statistical release covers the period between April and June 2019. For the briefing, click here.

Homelessness: Commons debate
On 29 January 2020, there was a House of Commons opposition day debate on homelessness. For the Hansard record of the debate, click here. The House of Commons Library collated various briefings on the issue in advance of the debate. For those briefings, click here.

Grenfell Tower Inquiry
On 29 January 2020 the Grenfell Tower Inquiry confirmed that the start date of module 1 oral evidence has been put back in the light of an application asking the Inquiry to consider seeking an undertaking from the Attorney General that oral evidence given by witnesses during the course of this phase of the Inquiry will not be used against them in criminal proceedings. Whether it will be necessary to put the start of oral evidence back further will depend upon the outcome of the application. For the application, click here.

Social housing lettings: April 2018 to March 2019 – England
On 28 January 2020 the MHCLG published statistics on new social housing lettings in England provided by local authorities and private registered providers, for the period between April 2018 and March 2019. The statistical release shows:

  • There were 314,000 new social housing lettings in 2018/19, ie a 0.3 per cent or 1,000 lets increase from the previous year. This flattening in the trend ends the continued fall from the peak of 396,000 new social housing lettings in 2013/14 (a 22 per cent fall).
  • The new social lettings in this release account for 8 per cent of the 4 million households in social housing, compared to 23.5 million in England.
  • New social housing lettings decreased by 17 per cent whilst stock increased by 3 per cent from 2008/09 to 2018/19.
  • Two-thirds of new social housing lettings in 2018/19 were to tenants not living in social housing immediately before.
  • There were 1.16 million households on local authority waiting lists on 1 April 2019, an increase of 4 per cent on 1.11 million in the previous year.
  • Over half of households (56 per cent) with a new social letting in 2018/19 were on the waiting list in that area for less than a year.
  • Statutorily homeless households were 18 per cent of new lettings in 2018/19.
  • Lifetime tenancies comprised over two-thirds of new social lettings in 2018/19, mostly given by local authorities.
  • Employment in lead tenants of new General Needs lettings increased from 32 per cent to 39 per cent between 2008/09 and 2018/19.
  • On average households in a new social letting in 2018/19 spent 33 per cent of their income on rent, with average rent of £85 per week.

For the statistical release, click here. For official tables on rents, lettings and tenancies, presented by type and other variables, including by geographical area or on a temporal basis, click here. For tables on dwelling stock (including vacants), click here.

Forces Help to Buy Quarterly Statistics: October to December 2019
On 30 January 2020 the Ministry of Defence published statistics for the Forces Help to Buy (FHTB) scheme for 1 October to 31 December 2019. During that period:

  • 1,929 First Stage applications were received.
  • 826 Second Stage applications were received.
  • 883 payments were made to Service personnel.

For the full statistics, click here.

‘No fault’ evictions – Wales
On 28 January 2020 the Welsh Government published a summary of responses to its consultation on increasing the minimum notice period for a ‘no fault’ eviction. 855 responses to the consultation were received from a range of sectors. For the summary, click here. For the consultation document itself, click here.

Telecommunications Infrastructure (Leasehold Property) Bill
On 29 January 2020 the House of Commons Library published a briefing paper analysing the Telecommunications Infrastructure (Leasehold Property) Bill. It includes background information and stakeholder comment. The bill was introduced to the House of Commons and given its first reading on 8 January 2020. Second reading took place on 22 January 2020. For more information about the bill, see Housing Laws in the Pipeline. For the briefing, click here.

Accommodation for older people – Wales
On 30 January 2020 the Welsh Government published an independent report assessing the housing and accommodation needs of older people. It identifies current provision of and future demand to 2035 for different types of specialist housing and accommodation for older people. The assessment of future demand estimates that across Wales there is likely to be a shortfall by 2035 of:

  • Approximately 15,000 units of housing for older people, specifically:
    • 5,000 units of age-designated social housing
    • 5,000 units of contemporary sheltered housing for social rent
    • 5,000 units of retirement housing for sale.
  • Approximately 5,000 units of housing with care:
    • 3,500 units of extra care housing for social rent
    • 1,500 units of extra care housing for sale (including shared ownership).
  • Approximately 7,000 nursing care beds.
  • No net need for additional residential care beds.
  • Approximately 120 ‘step up/step down’ housing units.

For the report, click here.

Local housing allowance rates for homeless young people
On 4 February 2020 there was a House of Commons 30-minute debate in Westminster Hall on local housing allowance rates for homeless young people, led by Caroline Lucas MP. For the Hansard record of the debate, click here and then click on ‘4 February’. In July 2019 the House of Commons Library published an information pack for a debate at that time on local housing allowance and homelessness; for the pack, click here.

Local housing allowance rates from April 2020 to March 2021 – Wales
On 31 January 2020 the Welsh Government published tables of local housing allowance rates which will be effective until 31 March 2021. The tables, organised by area and size of accommodation, set out: (1) the LHA rates applicable for April 2019; (2) the 30th percentile figures (derived from twelve months’ worth of lettings information collected up to the end of September 2019); (3) the current LHA rates uplifted by the Consumer Price Index for September (ie 1.7 per cent); and (4) the LHA rates effective from 1st April 2020 (ie the lower of the figures shown in (2) and (3)). For the tables, click here.

Housing Benefit: speed of processing 2019 to 2020
On 29 January 2020 the Department for Work and Pensions released statistics on the average number of days taken to process a new Housing Benefit claim or a change in circumstance of an existing claimant for July to September 2019. The release shows that in the quarter:

  • 95 per cent of Housing Benefit claims processed arose from a change of circumstances on existing claims and the remaining 5 per cent were new Housing Benefit claims.
  • The average time taken to process a new Housing Benefit claim was 17 calendar days and is the lowest it has been to date. This is five days lower than in the same quarter of 2018/19.
  • The average time taken to process a change of circumstance on an existing Housing Benefit claim was six calendar days. This is two days lower than in quarter 2 of 2018/19.

For the statistical release, click here.

Regulator of Social Housing: consultation on equality objectives
On 30 January 2020 the Regulator of Social Housing launched a consultation on its equality objectives. For more details, see Housing Law Consultations.

Dishonest housing application leads to fine – Hillingdon
On 29 January 2020 the London Borough of Hillingdon reported the case of a woman who had made three applications for housing in the borough, despite living in Canning Town, east London. She pleaded guilty at Ealing Magistrates' Court to making a dishonest application for housing. Those applying for council housing must have lived continuously in the borough for 10 years. She was fined £300 and ordered to make a contribution to the council's prosecution costs of £50. She was also ordered to pay a victim surcharge of £30. For the report, click here.

Deputy Mayor for Housing appointed – London
On 31 January 2020 the Mayor of London, Sadiq Khan, announced that Tom Copley has been appointed as his new Deputy Mayor for Housing and Residential Development. Mr Copley has served on the London Assembly since 2012 and is Chair of the London Assembly Housing Committee. For more details, click here.

Impact of short-term lets
On 31 January 2020 ARLA Propertymark published Impact of Short-Term Lets, which looks at the scale of the UK’s short-term lets sector and the wider implications on the private rented sector. The report finds that nearly half a million properties could be left unavailable for residents looking to rent in the private rented sector, as more landlords exit the market and move into short-term lets due to the raft of legislative changes they have been faced with. According to the report, the number of active listings on Airbnb in the UK rose by a third to 223,000 in 2018 from 168,000 in 2017. London has the largest market in the UK, with the number of active listings rising four-fold from 18,000 in 2015 to 77,000 in 2019. ARLA Propertymark set out a list of recommendations to limit the impact of short-term lets on the private rented sector. For the report, click here. For an article about it, click here.

Private renters
On 30 January 2020 Shelter published results of a survey which showed that more than three-quarters of private renters in England (77 per cent) – equivalent to 6.6 million adults – would like to make small improvements to their home. The Shelter and B&Q research reveals the top four home improvements private renters would like to carry out:

  • Painting (51 per cent)
  • Putting personal items up on the walls, eg pictures, photographs, and mirrors (50 per cent)
  • Changing or putting up curtains or blinds (37 per cent)
  • Tidying up the garden (25 per cent)

For more details, click here.

HOUSING LAWS IN THE PIPELINE
 

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020. The second reading is scheduled for 7 February 2020. For the bill, as introduced, click here. To follow progress of the bill, click here.

Rented Homes Bill
This private member’s bill, sponsored by Baroness Grender, would amend the Housing Act 1988 to abolish assured shorthold tenancies; and to extend the grounds upon which landlords of residential housing may recover possession. First reading took place on 22 January 2020. The second reading will be on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Telecommunications Infrastructure (Leasehold Property) Bill
This Government bill would amend the electronic communications code set out in Schedule 3A to the Communications Act 2003; by doing so, it would address one stated policy barrier: making it easier for telecoms companies to access multi-dwelling buildings (such as blocks of flats) where a tenant has requested a new connection, but the landlord has not responded to requests for access rights. The bill received its first reading in the House of Commons on 8 January 2020 and its second reading on 22 January 2020. For the second reading debate, click here. The committee stage will commence on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library, click here.

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HOUSING LAW CONSULTATIONS
 

Strengthening police powers to tackle unauthorised encampments
The Government is consulting on measures to criminalise the act of trespassing when setting up an unauthorised encampment in England and Wales and, in particular, on:

  • amending section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas
  • amending sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return from three months to twelve months
  • amending section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised from six to two or more vehicles
  • amending section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway.

For the consultation, which closes on 4 March 2020, click here.

Fire safety: risk prioritisation in existing buildings – a call for evidence
The MHCLG is commissioning research to develop an evidence base on fire safety risk in buildings, which could assist building owners in the prioritisation of risks in existing buildings and prioritisation of buildings based on a broader understanding of risk. This call for evidence is seeking views and evidence to help define the scope of this research by providing, in advance, stakeholder and industry views on approaches, tools and methodology that should be considered for this complex project. For the consultation, which closes on 17 February 2020, click here. To respond to the consultation, click here.

Review of the ban on the use of combustible materials in and on the external walls of buildings
This consultation seeks views on the ban of the use of combustible materials in and on external walls of buildings, including building types covered, height threshold, list of exemptions, attachments such as blinds, shutters and awnings, and a proposal to specifically ban the use of metal composite panels in and on the external walls of all buildings. In the Explanatory Memorandum published alongside the Building (Amendment) Regulations 2018 the Government committed to review the effectiveness of the ban after one year. This is a consultation on proposed changes to the Regulations following that review. As part of the review, in June 2019 the Government commissioned a study of the impact of the ban which took the form of an online survey issued to 100 relevant organisations. The full analysis of responses to this survey have been published alongside this consultation. For the consultation document, which closes on 13 April 2020, click here. For the analysis of survey responses, click here. To respond to the consultation, click here.

Housing supply; net additional dwellings statistics: proposed changes to revisions policy
Housing supply; net additional dwellings statistics is the MHCLG’s main officially published measure of housing supply and currently no revisions to these figures are permitted after they have been published, except every ten years at the time of the new census. MHCLG is proposing to change this policy to have more frequent annual revisions to the release which will improve the accuracy of previous years’ estimates of housing supply. The consultation closes on 26 March 2020. For the consultation document, click here. Responses should be by email to Housing.Statistics@communities.gov.uk.

Regulator of Social Housing’s consultation on equality objectives
The Regulator of Social Housing has proposed three equality objectives which seek to strike an appropriate balance in meeting its general equality duty in its day to day work alongside a co-regulatory approach to regulation. Private registered providers, local authority registered providers, tenants, lenders and other interested stakeholders are invited to give feedback on whether they think the proposed objectives meet the RSH’s obligations under the Equality Act, and if appropriate activity has been identified to help achieve the overall objective. The consultation will close on 26 March 2020. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Deposit penalties – factors on culpability. Sort of Giles Peaker Nearly Legal 28 January 2020 – to read the article, click here

A new beginning? – Enfranchisement valuation reform William Bethune and David Zong Local Government Lawyer 29 January 2020 – to read the article, click here

More affordable housing 'should be built in national parks' Patrick Greenfield The Guardian 29 January 2020 – to read the article, click here

New pre-action protocols for disrepair and possession claims Sian Evans Local Government Lawyer 29 January 2020 – to read the article, click here

Securing approval for selective licensing David Smith Local Government Lawyer 29 January 2020 – to read the article, click here

Multi-storey residential buildings: the latest Government advice Mark London, Michael Wharfe and Yaasica Hamilton-Haye Local Government Lawyer 29 January 2020 – to read the article, click here

Housing case law update: January 2020 Paul Lloyd and Sarah Christy Local Government Lawyer 29 January 2020 – to read the article, click here

New data makes the case for a new generation of social homes Hannah Rich Shelter Blog 29 January 2020 – to read the article, click here

The ‘downsizing’ trend is an insult to young and poor renters Rhiannon Lucy Coslett The Guardian 30 January 2020 – to read the article, click here

Late homeless appeals and legal aid cuts – key guidance from the Court of Appeal Jo Underwood Shelter Blog 30 January 2020 – to read the article, click here

Out of time but not out of mind Giles Peaker Nearly Legal 2 February 2020 – to read the article, click here

The Brexit business risk for UK landlords Sam Lister CIH Blog 3 February 2020 – to read the article, click here

Housing conditions: update (Feb 20) Catherine O’Donnell Legal Action February 2020 ‒ to read the article (subscription required), click here

Housing: recent  developments Sam Madge-Wyld and Jan Luba QC Legal Action February 2020 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY
 

7 February 2020                       
Homes and Communities Agency (Transfer of Property etc.) Regulations 2020 come into force

7 February 2020                       
Second reading of Domestic Premises (Energy Performance) Bill (see Housing Laws in the Pipeline)

17 February 2020                     
Consultation closes on Fire safety: risk prioritisation in existing buildings (see Housing Law Consultations)

4 March 2020                           
Consultation closes on Strengthening police powers to tackle unauthorised encampments (see Housing Law Consultations)

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