Due to the Easter bank holiday, there will be no Housing Law Week next week.

HOUSING LAW NEWS & POLICY ISSUES

New Practice Direction 51ZA Extension of Time Limits and Clarification of PD51Y
On 2 April 2020 Practice Direction 51ZA, principally in relation to the extension of time limits during the Coronavirus pandemic, came into effect. The main changes effected by this PD are:

• It allows the parties to agree an extension up to 56 days without formally notifying the court (rather than the current 28 days), so long as that does not put a hearing date at risk.
• Any extension of more than 56 days needs to be agreed by the court.
• The court is required to take into account the impact of the pandemic in considering such applications.
• The PD also amends the audio and video hearing PD 51Y (the 116th PD Update) by making clear that a person seeking permission to listen to or view a recording of a hearing may do so by request and is not required to make a formal application under the CPR.
• The PD ceases to have effect on 30 October 2020.

For the avoidance of doubt, it is stated that this PD does not change the operation of the provisions of PD51Z (set out under the 117th PD Update on 27 March 2020) which provides for the 90 days stay concerning possession proceedings. For the Practice Direction, click here.

Coronavirus (COVID-19): Legal Aid Agency contingency response
On 3 April 2020 the Legal Aid Agency updated its advice for legal aid providers, setting out what the Legal Aid Agency is putting in place to help them continue to provide service for their clients during the coronavirus (COVID-19) outbreak. For the advice, click here.

Coronavirus (COVID-19): Recovery of benefit overpayment suspended
On 3 April 2020 the Department for Work and Pensions announced that in response to the COVID-19 outbreak, it has temporarily paused the recovery of benefit overpayments for three months. For full details, click here.

Building safety reforms
On 2 April 2020 the MHCLG announced new measures including mandatory sprinkler systems and consistent wayfinding signage in all new high-rise blocks of flats over 11 metres tall. The government’s construction expert, David Hancock, has also been appointed to review the progress of removing unsafe ACM claddings from buildings. The reforms are designed to incentivise compliance and to better enable the use of enforcement powers and sanctions, including prosecution where the rules are not followed. For more details, click here. For a letter from Housing Secretary Robert Jenrick covering the proposed reforms and other related matters, click here.

Fire performance of cladding materials research
On 2 April 2020 the MHCLG published reports summarising research carried out by the Building Research Establishment to investigate the behaviour of selected non-ACM cladding products. For the reports, click here.

Coronavirus (COVID-19): Homelessness
On 30 March 2020 homelessness charities including Crisis, Homeless Link and The Passage wrote to the government to urge that “the remaining barriers preventing people who are homeless from getting access to the self-contained accommodation they need be removed, as too many people remain on the street or stuck in hostels and night shelters”. The charities were responding to a call from the government for local authorities in England to house all people sleeping rough, and those in hostels and night shelters, by the weekend of 21/22 March. For the charities’ message, click here.

Coronavirus (COVID-19): Housing support
On 2 April 2020 the House of Commons Library published a briefing paper explaining measures the government has put in place during the coronavirus outbreak to assist households in retaining their homes and to enable local authorities to tackle the specific challenges faced by rough sleepers. The paper has been updated to take account of further measures introduced after 26 March 2020. For the briefing paper, click here.

Coronavirus (COVID-19): Domestic abuse
On 3 April 2020 the House of Commons Library published an Insight examining what the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 say about staying at home, and how they, alongside coronavirus more generally, could affect people at risk of domestic abuse. The publication notes that anecdotal evidence is emerging of increased incidences of domestic abuse linked to coronavirus, both in the UK and globally. The publication considers the relevant law, how it is being enforced, what impact coronavirus is having on domestic abuse services and what support is still available. For the document, click here. For an article on this topic by June Venters QC in Family Law Week, click here.

Coronavirus (COVID-19): Social housing tenants in Wales
On 3 April 2020 the Welsh Minister for Housing and Local Government Julie James wrote to all social housing tenants in Wales, updating them about the coronavirus outbreak and the action taken by the Welsh Government to make sure help and support is available when tenants need it. The letter says: “Local authorities and registered social landlords have agreed everyone should be treated fairly. They will:

• Keep you safe and secure in your home.
• Help you get the financial support you need.
• Support you and find solutions if you have difficulty paying your rent.
• Do everything they can to support your wellbeing.”

For the letter, click here.

Coronavirus (COVID-19): Guidance for local authorities on enforcing standards in rented properties – Wales
On 2 April 2020 the Welsh Government issued guidance for local authorities on how to meet legal duties and support landlords and tenants. For the guidance, click here.

Coronavirus (COVID-19): Social landlords housing regulation guidance – Wales
On 30 March 2020 the Welsh Government issued guidance on how social landlords will be regulated during the coronavirus outbreak. For the guidance, click here.

Crisis Emergency Grants Fund
On 31 March 2020 Crisis announced that it had established a fund  to support local groups across the UK, who are financially affected by demands on their resources due to the coronavirus outbreak. The following grants are available:

• Awards up to £5,000 for short-term responses to the coronavirus emergency (projects within 3 months), following a limited/fast-tracked application process (payments made in advance)
• Awards up to £10,000 to fund more structural needs, following a full application process (see below) (payments made in advance)
• Awards up to £50,000 to fund long-term needs and potential expansion or change in service delivery, following a full application process (payments in advance, but with potential for staged payments over a specified period).

For details of who may apply and how applications are made, click here.

Labour Party Shadow Cabinet appointed
On 6 April 2020 Sir Keir Starmer QC, the newly elected Leader of the Labour Party, appointed his Shadow Cabinet. He appointed Steve Reed as Shadow Communities and Local Government Secretary, and Thangam Debbonaire as Shadow Housing Secretary, replacing John Healey. For the full Cabinet, click here.

Injunction against over-60-year-olds for flouting of COVID-19 Regulations/ government guidance in sheltered housing scheme
On 31 March 2020 Iain Wightwick, a barrister at Unity Street Chambers, reported details of a case in which he was instructed on behalf of a social housing provider to obtain an injunction to protect elderly residents in a sheltered housing development. The resulting interim injunction, granted after a telephone hearing on the day of the application, is thought to be the first made against residents of such a sheltered scheme. The defendants were two men, over 60 years in age, alleged to have breached the COVID 19 regulations and government guidelines. The matter will return to court for a telephone hearing on 8 April. For more details, click here.

Landlord licensing scheme: Liverpool takes legal action against non-renewal
On 3 April 2020 the Liverpool Echo reported that Liverpool City Council has instituted judicial review proceedings against the government’s decision not to renew its landlord licensing scheme. Mayor of Liverpool Joe Anderson said the council had “a moral obligation” to tens of thousands of residents living within the city’s private rented sector to ensure the scheme continued. Communities Secretary Robert Jenrick turned down the application to retain the citywide scheme until 2025. The newspaper noted that the scheme’s renewal had been supported by Merseyside Police, Mersey Fire and Rescue Service and the majority of residents who responded to a consultation. For the report, click here.

Private rented sector
On 5 April 2020 the Residential Landlords Association called for a clear statement from government in response to campaigners’ calls for rent payments to be stopped during the coronavirus crisis. The association said that increasing numbers of landlords have contacted it saying their tenants are under the impression they no longer have to pay rent as a result of the pandemic. The association is now asking government to clarify its guidance: that rents should continue to be paid where possible. For details, click here.

HOUSING LAWS IN THE PIPELINE

Fire Safety Bill
This government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill received its first reading in the House of Commons on 19 March 2020 and is due to receive its second reading on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

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 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. 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 was completed on 11 February 2020. For the committee debate, click here. The third reading in the House of Commons was on 10 March 2020; for the debate, click here. First reading in the House of Lords was on 11 March 2020. Second reading is scheduled for 22 April 2020. For the bill, as introduced in the House of Lords, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library, click here.

Renting Homes (Amendment) (Wales) Bill
This Welsh Government Bill seeks to amend the Renting Homes (Wales) Act 2016 to provide greater security for people who rent their homes in Wales. This will particularly affect those who live in the private rented sector and occupy their homes under a ‘standard occupation contract’, the equivalent to the current assured shorthold tenancy, after the 2016 Act comes into force. This additional security will primarily be achieved by extending the minimum notice period for issuing a section 173 notice under the 2016 Act (the equivalent of the current section 21 notice under the Housing Act 1988) from two months to six months. Landlords will also be prevented from issuing such a notice until at least six months from the date of occupancy. Further provisions will also ensure that landlords are unable to issue rolling ‘speculative’ notices on a ‘just in case’ basis. The bill was introduced in the Senedd on 10 February 2020. The Equality, Local Government and Communities Committee were due to consider the bill on 26 March 2020. The Legislation, Justice and Constitution Committee will consider the Bill on 20 April 2020. For the bill, as introduced, all other documents relating to it, and to follow progress on the  bill, click here.

Caravan Sites Bill
This private members’ bill, sponsored by Sir Christopher Chope, would amend the Caravan Sites and Control of Development Act 1960 to remove planning permission requirements for caravan site licence applicants. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 26 June 2020. To follow progress of the bill, click here.

Evictions (Universal Credit Claimants) Bill
This private members’ bill, sponsored by Chris Stephens, seeks to place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 15 January 2021. To follow progress of the bill, click here.

Homeless People (Current Accounts) Bill
This private members’ bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is due to receive its second reading on 29 January 2021. To follow progress of the bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend the Mobile Homes Act 1983. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 26 June 2020. To follow progress of the bill, click here.

Mobile Homes and Park Homes Bill
This private members’ bill, sponsored by Sir Christopher Chope, would require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; make provision in relation to the residential status of such homes; and amend the Mobile Home Acts. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 30 October 2020. To follow progress of the bill, click here.

Housing Act 2004 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend Part 3 of the Housing Act 2004 to provide that any selective licensing scheme for residential accommodation extends to social housing. The bill is being prepared for publication. It received its first reading on 10 February 2020 and is now due to have its second reading on 30 October 2020. To follow progress of the bill, click here.

Sublet Property (Offences) Bill
This private members’ bill, sponsored by Sir Christopher Chope, would make the breach of certain rules relating to sub-letting rented accommodation a criminal offence and would make provision for criminal sanctions in respect of unauthorised sub-letting. The bill is being prepared for publication. It received its first reading on 10 February 2020 and is now scheduled to receive its second reading on 11 September 2020. To follow progress of the bill, click here.

HOUSING LAW CONSULTATIONS

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.

First Homes
This consultation seeks views on First Homes for local people, considering both the design of this policy and options for its implementation.

It covers the following areas:

• what First Homes are and who should be eligible for them
• how the scheme should work in practice
• how to deliver more of these homes through developer contributions
• the requirement for delivering these homes through planning or legislation.

The deadline for responses has been extended to 1 May 2020. For the consultation document, click here.

Estate charges on housing developments – Wales
The Welsh Government is calling for evidence on:

• the services provided and the reasons why the practice might have become more common
• the costs involved and the experience of residents in relation to these charges.

The consultation closes on 30 April 2020. For the consultation document and to respond, click here.

HCLG Committee: survey on dangerous cladding
The Housing, Communities and Local Government Committee has launched a survey to understand the extent of dangerous cladding remaining and other fire safety defects on residential buildings, and the impact this has had on residents’ lives. The ‘quick to complete’ survey invites residents to tell the Committee what the fire safety issues on their buildings have been, detail the impact this has had on them, whether it be financial or emotional, and give their views on the Government’s response.

The survey will inform the Committee's recently launched inquiry - Cladding: progress on remediation. The inquiry will examine the scale of issues facing residents in buildings due to combustible cladding. It will also look at the effectiveness of Government support for the removal of all form of dangerous cladding from existing buildings, in particular the pace of remediation. There is no stated closing date for submissions. To take part in the survey, click here.

House building statistics: proposed changes
The MHCLG is seeking views on making changes to the content and focus of the long running House building; new build dwellings statistics series. Some of the specific changes we are consulting on are as follows:

• Including more analysis of Energy Performance Certificates data in the release and consider any other data sources which could be incorporated.
• Referring to the building control data wherever it is used, rather than referring to it only as housebuilding. This will make the source clear to users and aims to prevent any confusion across the range of housebuilding estimates.
• Within the release include analysis looking across the range of available indicators and use this to provide an early estimator of the final more robust housing supply statistics measure of new build.
• Changing the title of the release to ‘Housing supply; Indicators of new supply’. This title will better reflect the updated content of the release and give users clarity about what the best use for these statistics are.

The consultation closes on 26 May 2020. For more details of the consultation, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

COVID-19 and housing law Elizabeth England Local Government Lawyer 30 March 2020 – to read the article, click here

COVID-19 and social landlords: updated Angela Hall, Elizabeth England and Tristan Salter Local Government Lawyer 30 March 2020 – to read the article, click here

Coronavirus: guidance for landlords, tenants and local authorities Mark Prichard Blog 30 March 2020 – to read the article, click here

Where to go? Giles Peaker Nearly Legal 30 March 2020 – to read the article, click here

Housing disrepair claims and the complications caused by coronavirus Matthew Lake and Matthew Wilson Local Government Lawyer 31 March 2020 – to read the article, click here

How the National Homelessness Advice Service is helping housing professionals support those in need Alastair Ball Shelter Blog 2 April 2020 – to read the article, click here

COVID-19: Government should now go further to help renters stay in their homes Alastair Harper Shelter Blog 3 April 2020 – to read the article, click here

My working week: 'Which homeless residents will we lose to coronavirus?' Denell Dema The Guardian 6 April 2020 – to read the article, click here

Housing is more than just rents and repairs Jo Miller CIH Blog 6 April 2020 – to read the article, click here

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

HOUSING LAW DIARY

13 April 2020                            
Consultation closes on Review of the ban on the use of combustible materials in and on the external walls of buildings (see Housing Law Consultations)

20 April 2020                            
Consideration by the Legislation, Justice and Constitution Committee of the Welsh Assembly of the Renting Homes (Amendment) (Wales) Bill (see Housing Laws in the Pipeline)

22 April 2020                            
Postponed second reading of the Telecommunications Infrastructure (Leasehold Property) Bill (see Housing Laws in the Pipeline)

30 April 2020                            
Consultation closes on Estate charges on housing developments – Wales (see Housing Law Consultations)

1 May 2020                              
Extended deadline for responses to First Homes consultation (see Housing Law Consultations)

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