HOUSING LAW NEWS & POLICY ISSUES

Human Rights Act: Government launches independent review
On 7 December 2020 the Ministry of Justice launched an independent review by a panel of experts which will examine whether there is a need to reform the Human Rights Act. The review, led by former Court of Appeal Judge Sir Peter Gross, will consider:

• The relationship between the domestic courts and the European Court of Human Rights (ECtHR). This includes how the duty to ‘take into account’ ECtHR case law has been applied in practice, and whether dialogue between our domestic courts and the ECtHR works effectively and whether there is room for improvement;
• The impact of the HRA on the relationship between the judiciary, executive and Parliament, and whether domestic courts are being unduly drawn into areas of policy;
• The implications of the way in which the Human Rights Act applies outside the territory of the UK and whether there is a case for change.

The MoJ says that the UK remains committed to the European Convention on Human Rights and that the review is limited to looking at the structural framework of the Human Rights Act, rather than the rights themselves. For more information and short profiles of the panel members, click here.

Housing cases in the courts: July to September 2020
On 3 December 2020 the Ministry of Justice published statistics for the volume of civil and judicial review cases dealt with by the courts between 1 July and 30 September 2020. Mortgage and landlord possession claims were down 89 per cent over the period to 4,100 (from 35,000 claims in the same period in 2019). This decrease has been driven by a fall in all claim types since March 2020 due to actions following Coronavirus (Covid-19). The overall trend in mortgage and landlord possession claims has been decreasing since a peak of 60,000 in January to March 2014. For the full statistics, click here. For an annex specific to mortgage and landlord possession cases (published on 12 November 2020 and previously reported in Housing Law Week), click here.

Homelessness survey: Crisis
On 3 December 2020 Crisis published the results of its annual study, carried out by Heriot-Watt University, showing that for the last five years homelessness has been rising year on year, reaching a peak at the end of 2019 when the numbers of homeless households jumped to over 219,000 from 207,600 in 2018. The research suggests that areas that the Government has placed at the heart of its ‘levelling up’ agenda have experienced the biggest increases in homelessness over the last five years:

• In the Northern regions – where poverty, destitution and problems with poor housing are more acute – homelessness has risen by 20 per cent.
• While in London and the South – where homelessness is traditionally higher because of a lack of affordable housing– rates have slightly decreased by 8 per cent and 4 per cent respectively.

For more details of the survey, click here.

Leasehold high-rise flats: who pays for fire safety work?
On 6 December 2020 the House of Commons Library published a briefing paper considering the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It covers progress in implementing the Government decision to fund remediation work for affected blocks with ACM cladding in the social and private sectors. In March 2020, a £1 billion Building Safety Fund was announced to fund the removal of unsafe non-ACM cladding on high-rise blocks in the social and private sectors. Ongoing issues include the adequacy of the funding available and how historic defects, such as a lack of fire stopping measures, will be paid for. For the briefing paper, click here.

Legal aid: HPCDS tender opportunities
On 1 December 2020 the Legal Aid Agency invited tenders from 2018 Standard Civil Contract holders currently delivering housing and debt work to deliver services in the Housing Possession Court Duty Schemes (HPCDS) for Bedford and Reading. The LAA is offering one contract for each HPCDS. Contracts will be offered from 1 February 2021 until 30 September 2021, subject to the LAA’s right to extend for up to a further 12 months. For more details, click here.

People with disabilities: funding to help independent living
On 3 December 2020 the Government announced funding of £68 million which is intended to help disabled people to access grants to improve their homes so they can live independently. The Disabled Facilities Grant funding can be used towards the costs of home adaptations such as stair-lifts, level access showers, wet rooms, winches, grab rails and ramps. These can play a critical role in avoiding the need for hospital or care home admission, as well as helping to speed up discharge from hospital. This funding is in addition to £505 million paid to councils in May 2020. For more details, click here.

Picture of Housing First in England 2020: Homeless Link
On 1 December 2020 Homeless Link published Picture of Housing First in England 2020: research that outlines a “remarkable” growth in Housing First provision across the country – a tripling in the number of services (105 compared to 32 in 2017) serving six times more people (1,995 compared to 350 in 2017) facing multiple disadvantage. The use of social housing has increased significantly, demonstrating growing support for Housing First among social landlords. Eighty-one percent of services now use social housing, compared to 61 per cent in 2017, which is encouraging as it provides the most stable – and usually most affordable – accommodation. The report, however, shows that funding for many services remains short-term, posing an ongoing challenge to Housing First’s open-ended offer of support for residents and reflecting the wider fragmented and competitive homelessness funding environment. For the report, click here. For an article setting out the report’s main findings, click here.

Affordable housing supply in England: 2019 to 2020
On 3 December 2020 the MHCLG published statistics on gross additional affordable housing supply in England. There were 57,644 affordable homes delivered (completions) and 68,346 starts on site in England in 2019-20, increases of 1 per cent and 13 per cent respectively when compared to the previous year. In 2019-20, affordable housing for rent (including social, affordable and intermediate rent) represented around two-thirds of completions (65 per cent) and over half of all starts (56 per cent), with both proportions decreasing in recent years. These proportions compare to around three-quarters of both completions and starts in 2015-16 (77 per cent and 75 per cent, respectively). More than half (52 per cent) of all affordable homes delivered in 2019-20 were funded through section 106 (nil grant) agreements, higher than in previous years. Ninety-two per cent of affordable homes delivered in England were new build, a proportion similar to previous years. For the full statistics, click here.

Female victims of trafficking: need to access safe housing
On 2 December 2020 Hibiscus Initiatives published a report finding that the majority of potential female victims of trafficking are unable to access safe houses, with some even facing homelessness. Hibiscus urges that foreign national female trafficking survivors can be housed in safe houses. The Closed Doors report finds that a significant number of victims access housing provided through Asylum Support, which is not designed for individuals who have experienced trafficking. Chief Executive of Hibiscus, Marchu Girma, said: “Safe house provision is important for recovery and wellbeing of women who are survivors of trafficking. The Government needs to address failings and gaps by increasing investment.” For the report, click here.

Estate charges on housing developments – Wales
On 30 November 2020 the Welsh Government published a summary of responses to its consultation on estate charges on housing developments. The exercise received in excess of 600 responses, mainly from residents subject to estate charges, but also from organisations and individuals involved in the their set up; this included developers, local authorities, registered social landlords, management companies and property lawyers. Many residents reported that they were not made fully aware of the existence and likely level of charges when buying a property; that charges do not represent value for money; and that where they have attempted to complain or challenge charges, they are unhappy with how their case has been dealt with. For the summary of responses, click here. For the statement of the Minister for Housing and Local Government on those responses and her proposals for early action, click here.

Regulatory Board for Wales performance report: November 2020
On 3 December 2020 the Welsh Government published a report on how the social housing regulator and sector are performing. The report notes that the significant majority of its regulatory judgments (over 90 per cent) were again rated as “standard” – similar to the previous cycle. The RBW again believes this evidences a healthy sector overall, which is generally meeting regulatory requirements and demonstrating it is effectively meeting the required statutory performance standards that cover governance, financial management/viability and service delivery. For the report, click here.

Grenfell Tower Inquiry
On 30 November 2020 the Grenfell Tower Inquiry published an update on its work. This update provides a digest of: Module 2 hearings; an Inquiry Panel appointment; continuation of limited attendance hearings; disclosure figures; core participant numbers; support arrangements during limited attendance hearings; contact information; and drop-in sessions. For the update, click here.

Call for new landlord and tenant conciliation service: NRLA
On 2 December 2020 the National Residential Landlords Association called on the Government to establish a new landlord and tenant conciliation service as part of its planned changes to the private rented sector. The call coincides with publication of the Association’s proposals for the Renters’ Reform Bill. Ben Beadle, Chief Executive of the NRLA, said: "Our proposals are for a fundamental reform of re-possession rights which strike the balance between the needs of both. The over-riding aim is to sustain tenancies wherever possible or bring them to an end in a collaborative way.” For more details, click here.

Limit on annual rent increases 2020-21: RSH
On 3 December 2020 the Regulator of Social Housing published the limit on annual rent increases for 2021-22. The document contains adjusted tables to help providers ensure that they use the correct annual percentage to inflate their rent and also provides the additional data needed to work out formula rent for new properties. For the document, click here.

Quarterly survey of private registered providers of social housing: RSH
On 1 December 2020 the Regulator of Social Housing published its quarterly (July to September 2020) report based on responses from private registered providers of social housing who own or manage more than 1,000 homes. The survey states that:

• The position reported at the end of the quarter showed that the sector remains financially strong with access to sufficient finance.
• Performance in the quarter continues to reflect some of the challenges arising from the Coronavirus pandemic. However, this has not destabilised the sector’s overall strong financial position.
• Forecasts for the next 12 months indicate that performance and plans are beginning to return towards levels seen before the Coronavirus pandemic.

For the full survey, 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 completed its final stages in the House of Commons on 7 September 2020. It received its first reading in the House of Lords on 8 September 2020 and its second reading on 1 October 2020. The committee stage was completed on 29 October 2020. The report stage took place on 17 November 2020. The third reading took place on 24 November 2020. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on a date to be announced. For the bill, as amended on report, click here. To read debates on all stages of the bill, click here. For a briefing note prepared by the Local Government Association on second reading in the House of Lords, click here. To follow progress of the bill, click here.

Supported Housing (Regulation) Bill
This private member's bill, sponsored by Kerry McCarthy, would regulate supported housing; make provision about local authority oversight and the enforcement of standards of accommodation and support in supported housing; and prohibit the placing of children in care in unregulated accommodation. It received its first reading on 11 November 2020. It is die to receive its second reading on 15 January 2021. The bill is being prepared for publication. To follow progress of the bill, click here.

Domestic Properties (Minimum Energy Performance) Bill
This private member’s bill, sponsored by Sir David Amess, 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 give the Secretary of State powers to require persons to take action in pursuance of that duty. The first reading was on 14 July 2020 and the second reading has been further postponed to 22 January 2021. The bill is being prepared for publication. 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. The second reading has been yet further postponed to 15 January 2021. 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. The second reading has been yet further postponed to 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. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to 8 January 2021. For the bill as introduced, click here. To follow progress of the bill, click here.

Houses in Multiple Occupation Bill
This private member’s bill, sponsored by Ian Levy, would amend the law relating to the licensing of houses in multiple occupation and increase penalties for the contravention of such licences. The bill received its first reading on 9 September 2020. The second reading has been further postponed to 26 February 2021. The bill is being prepared for publication. 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. The second reading has been postponed to 5 March 2021. To follow progress of 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. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to 8 January 2021. For the bill as introduced, click here. To follow progress of the bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This private members’ bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal and would establish asylum seeker accommodation eviction procedures for public authorities. The first reading was on 10 February 2020. The second reading is scheduled for 26 February 2021. The bill is being prepared for publication. To follow progress of the bill, click here.

Vagrancy (Repeal) Bill
This private members’ bill, sponsored by Layla Moran, would repeal the Vagrancy Act 1824. It received its first reading in the House of Commons on 18 March 2020. The second reading has been further postponed to 12 March 2021. For the bill as introduced, click here. To follow progress of the bill, 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 Stage 1 motion to agree the general principles of the Bill was agreed in Plenary on 13 October 2020. Stage 2 began on 14 October 2020. Stage 2 consideration took place in Committee on 27 November 2020. Stage 3 commenced on 30 November 2020. Amendments may now be tabled to the Bill (as amended at Stage 2). For the bill as amended at Stage 2, all other documents relating to it, and to follow progress on 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. The second reading was on 22 April 2020. The committee stage was completed on 2 June 2020 and the report stage on 29 June 2020. The third reading will be on a date to be announced. For the bill, as amended on report, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library after second reading in the House of Commons, 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. The second reading has been further postponed to 29 January 2021. 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. The second reading has been further postponed to 15 January 2021. To follow progress of the bill, click here.

HOUSING LAW CONSULTATIONS

Review of Pre-action Protocols: Civil Justice Council
On 27 October 2020 the Civil Justice Council launched a review of Pre-action Protocols (PAPs). The review will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required. The CJC is particularly interested in looking at how PAPs are working for litigants with limited means; the costs associated with PAP compliance; the potential of PAPs in online dispute resolution, and the potential for PAPs to be streamlined. The PAPS under review include those in respect of:

• Housing conditions claims (England)
• Housing disrepair cases (Wales)
• Possession claims based on mortgage or home purchase plan arrears in respect of residential property
• Possession claims by social landlords.

A preliminary survey seeks feedback and suggestions about what ought to be the focus of the review, and the priorities for reform. Accordingly, the CJC wants to hear from anyone with experience of, or an interest in, PAPs including the judiciary, practitioners, litigants, academics, and representative organisations working in the civil justice system.

For the online survey, click here. For more details of the review, which will close on 18 December 2020, click here.

Domestic smoke and carbon monoxide alarms
This consultation seeks views on:

• Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require social landlords to ensure at least one smoke alarm is installed on each storey of the premises on which there is a room used wholly or partly as living accommodation;
• Amending the statutory guidance (Approved Document J) supporting Part J of the Building Regulations to require that carbon monoxide alarms are fitted alongside the installation of fixed combustion appliances of any fuel type (excluding gas cookers); and
• Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require private and social landlords to install a carbon monoxide alarm in any room used as living accommodation where a fixed combustion appliance is used (excluding gas cookers).

The consultation closes on 11 January 2021. For the consultation document, click here.

New model for Shared Ownership: technical consultation
The government is introducing a new model for Shared Ownership. This model will:

• Reduce the minimum initial share from 25 per cent to 10 per cent
• Introduce a new gradual ‘staircasing’ offer, to allow people to buy additional shares in their home in 1 per cent instalments with heavily reduced fees
• Introduce a 10-year period during which the shared owner will receive support from their landlord to pay for essential repairs
• Give Shared Ownership leaseholders (shared owners) more control when they come to sell their home.
  

This consultation, which will end on 17 December 2020, seeks to capture views on how to best implement the new model for Shared Ownership to ensure it can be smoothly adopted by providers and lenders, and effectively supports aspiring homeowners. For the consultation document, click here.

Alignment of the fees for online and paper civil money and possession claims
This consultation sets out the proposal for the alignment of online and paper civil fees. The aim of this proposal is to:

• ensure that there is an efficient and effective courts system;
• ensure access to justice, making sure those who need to access the courts can do so;
• ensure that our courts and tribunals have the necessary resources to deliver their much-needed services;
• ensure that those who can afford to pay a fee, pay the same fee regardless of whether they lodge a claim online or via the paper route
• simplify the existing fees structure.

This consultation ends on 30 December 2020. For the consultation document, click here.

Housing Ombudsman consultation on plans for 2021-22
On 24 November 2020 the Housing Ombudsman published a consultation paper seeking feedback on its business plan for 2021-22. It is set within the context of the Social Housing White Paper and its strengthened role for the Ombudsman, plus the continued challenge of Covid-19 and the ongoing transformation programme. 

The consultation focuses on two key areas that will help shape future development. The first concerns raising resident awareness of the role of the service and redress, a key part of the White Paper. An Ombudsman led initiative planned is the creation of a new Resident Panel with 100 members to support engagement and provide feedback as its service evolves. The second key area for future development is expanding work on learning with landlords, with a comprehensive range of complaint handling information, tools and training and encouraging the sharing of best practice between members. Targeted support will be provided for landlords with particular issues, higher maladministration rates or complaint handling failure orders. 

The consultation is open until 22 December 2020. For the consultation document, which sets out full details on how to respond, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Welfare update: £20 uplift to Universal Credit must be maintained Sue Christoforou Homeless Link 1 December 2020 – to read the article, click here

Intervening but overcrowded accommodation Giles Peaker Nearly Legal 1 December 2020 – to read the article, click here

How does saving for retirement interact with buying a main home? Rowena Crawford Institute for Fiscal Studies 1 December 2020 – to read the article, click here

Leaseholders and build defects webinar Giles Peaker and Jenny Evans Nearly Legal 2 December 2020 – to view the webinar, click here

Refusing an offer of accommodation Michael Mullin and Elizabeth England Local Government Lawyer 4 December 2020 – to read the article, click here

England's social housing reforms are welcome, but what about private renters? Alan Fraser Guardian 7 December 2020 – to read the article, click here

Gypsy and Traveller: Update (November 20) Tessa Buchanan, Chris Johnson, Dr Angus Murdoch and Marc Willers QC Legal Action December 2020 / January 2021– to read the article (subscription required), click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action December 2020 / January 2021 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY

17 December 2020                               
Closing date for submissions to the consultation on New model for Shared Ownership: technical consultation (see Housing Law Consultations)

18 December 2020                               
Closing date for submissions to the Civil Justice Council Review of Pre-action Protocols: Civil Justice Council (see Housing Law Consultations)

22 December 2020                               
Closing date for submissions to the Housing Ombudsman’s consultation on plans for 2021-22 (see Housing Law Consultations)

30 December 2020                               
Closing date for submissions to the consultation on Alignment of the fees for online and paper civil money and possession claims (see Housing Law Consultations)

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