11th November 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Pause on evictions
On 5 November 2020 the Housing Secretary Robert Jenrick announced a pause on bailiff evictions of renters, starting in December, so that evictions will not be enforced until 11 January 2021 at the earliest. Six months notice periods remain in place until at least the end of March 2021. Whilst national restrictions apply, the only circumstances where these protections do not apply are illegal occupation, fraud, anti-social behaviour, eviction of domestic abuse perpetrators in social housing and where a property is unoccupied following the death of a tenant. The MHCLG says that it also intends to introduce an exemption for extreme pre-Covid rent arrears. For the announcement, click here. On 4 November 2020 the Institute for Public Policy Research called on the UK government to extend the ban on evictions for a further six months and provide more support for private renters to prevent a surge in homelessness this winter and beyond; for the press release, click here.

'Protect Programme': next step in winter rough sleeping plan launched
On 5 November 2020 the Housing Secretary announced the allocation of a further £15 million to support efforts to provide accommodation for rough sleepers during the pandemic. This scheme, called the Protect Programme, will help areas that need additional support most during the restrictions and throughout winter. Areas with high numbers of rough sleepers will receive extra targeted support to provide accommodation for those currently sleeping rough, working with councils to prioritise those who are clinically vulnerable; this will continue throughout the winter until March 2021. For the announcement, click here. For the response of the Local Government Association, click here.

Caravan and park home owners

On 4 November 2020 the MHCLG published a letter from Kelly Tolhurst, Minister for Rough Sleeping and Housing, to trade bodies representing caravan and park home site owners, making clear that they should remain open for those using them as their primary residence, with nowhere else to live, vulnerable groups or where it is essential for work purposes. For the letter, click here.

Asylum accommodation: the use of hotels

On 4 November 2020 the House of Commons Library published a briefing concerning the use of hotels as temporary asylum accommodation, which has recently increased. This has been due to issues with some asylum accommodation contracts and, more recently, measures to limit the risk of spreading Covid-19. For the briefing, click here.

Civil Procedure (Amendment No. 6) Rules 2020
The Civil Procedure (Amendment No. 6) Rules 2020, which come into force on 28 November 2020, make minor amendments to the Civil Procedure Rules 1998. In particular, they amend Part 83 to ensure that the court’s permission to issue a writ of restitution in aid of a writ of possession is required regardless of whether permission was required for the writ of possession itself. For the Amendment Rules, click here. For the 1998 Rules, click here.

Homelessness: April 2019 to March 2020 – Wales
On 5 November 2020 the Welsh Government published data on the number of households applying to local authorities for housing assistance under the Housing (Wales) Act 2014 and the number of households in temporary accommodation for April 2019 to March 2020. The key figures are as follows:

  • 9,993 households were threatened with homelessness, a decrease of 7 per cent on 2018-19.
  • Homelessness was successfully prevented for at least 56 days in 67 per cent of cases.
  • 12,399 households were assessed as homeless and owed a duty to help secure accommodation, a 6 per cent increase on 2018-19.
  • Homeless households were successfully helped to secure accommodation in 41 per cent of cases.
  • 3,060 households were identified as unintentionally homeless and in priority need, a 16 per cent increase on 2018-19.
  • Homeless households accepted an offer of settled suitable accommodation in 78 per cent of cases.
  • At 31 March 2020, 2,324 households were placed in temporary accommodation, an increase of 4 per cent on March 2019.
  • At 31 March 2020, 496 households were placed in temporary B&B accommodation, an increase of 68 per cent on March 2019.

For the full statistics, click here. For the response of Crisis, click here.

Homelessness accommodation provision and rough sleeping: August 2020 – Wales

On 5 November 2020 the Welsh Government published management information on persons placed into temporary accommodation and rough sleepers for August 2020. The main points are:

  • Throughout Wales 974 people presenting as homeless were placed into emergency accommodation during the month.
  • 476 homeless individuals were moved into suitable long-term accommodation.
  • At 31 August 2020 3,566 individuals were in temporary accommodation.
  • At 31 August 2020 there were 101 individuals sleeping rough throughout Wales.

For full information, click here.

Immigration rules changes targeting rough sleepers: homelessness organisations respond
On 6 November 2020 over seventy organisations supporting people facing homelessness across the UK wrote an open letter to Home Secretary Priti Patel and Housing Secretary Robert Jenrick calling for the reconsideration of new immigration rules targeting people sleeping rough for deportation. For the letter, click here.

Decarbonising homes – Wales

On 6 November 2020 the Welsh Government announced that it had given £10 million to a new programme – the Optimised Retrofit Programme (ORP) – that is intended to transform social housing across Wales. In the first year of the programme, ORP will bring together housing associations and councils on projects that will help upgrade at least 1,000 existing social homes through a mixture of new energy efficient materials and technologies. The Government says that the programme will develop the local green economy and contribute to the Government’s efforts to decarbonise all 1.4 million Welsh homes by 2050. For the announcement, click here.

Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

These regulations, which came into force on 5 November 2020, impose restrictions on the occasions on which a person can leave or be outside of the place where they are living and on gatherings. Reg 5(1) prohibits any person from leaving or being outside of the place where they are living without reasonable excuse; but reg 5(3) provides that the regulation does not apply to any person who is homeless. For the regulations, click here.

Homeless Link’s Covid-19 Homelessness Response Fund
On 6 November 2020 Homeless Link announced that a final 60 homelessness charities whose finances have been affected by the pandemic have been awarded grants from the second round of Homeless Link’s Covid-19 Homelessness Response Fund. In total, 103 grants have been allocated, with organisations sharing almost £4.3 million of funding provided by The National Lottery Community Fund and Comic Relief. For the announcement, 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 will be on 17 November 2020. For the bill, as introduced in the House of Lords, 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.

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 will take place in Committee on 27 November 2020. For the bill as introduced, 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 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 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.

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NEW HOUSING CASES
 

Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458
The Appellant appealed the decision of a circuit judge striking out her appeal against a negative homelessness decision of the Respondent made pursuant to s.184 Housing Act 1996.
The Appellant alleged that the Respondent’s review decision, made pursuant to s.202, had not been made within the prescribed eight-week time limit and was therefore a nullity.

The law

Where a person applies to a local housing authority for homelessness assistance, the authority makes a decision as to duty owed and any assistance to be provided. If the decision is unfavourable to the applicant, he or she may ask the authority to review it: s.202.

A review must be carried out and a decision must be notified to the applicant within certain regulatory time limits or "within such longer period as [the applicant] and the reviewer may agree in writing": ss. 202(4), 203(3) and (4) and reg. 9(1) of the Homelessness (Review Procedure etc.) Regulations 2018.

If the review decision is not made within the time permitted or otherwise agreed, an applicant aggrieved by the original decision under s.184 of the Act may appeal to the county court on any point of law arising from the decision.

If a review decision is made within the permitted or agreed longer time, the applicant may similarly appeal, on a point of law, from the review decision: s.204 of the Act.

The facts

The Appellant brought appeals to the county court against both an original s.184 decision, made adversely to her, and also against the s.202 review decision that was made by the reviewer on a date which she contends was outside the permitted time limits. The circuit judge struck out the appeal against the s.184 decision and dismissed the appeal against the s. 202 decision.
The judge held that the Appellant and the reviewer had, in fact, agreed an extension to the relevant time limit and that, in any event, having brought an appeal against the review decision, the Appellant had waived any right to object to the timing of that decision and/or had "validated" it.

The appeal to the Court of Appeal

The Appellant appealed against order striking out her appeal against the s.184 order. She did not appeal against the dismissal of her appeal against the review decision.
There were two issues for the Court of Appeal:

  1. Whether the Appellant and the reviewer had agreed in writing that notice of her requested review decision could be given within a longer period than that provided by the ordinary application of reg. 9.
  2. Whether in any event, having brought an appeal against the review decision that was ultimately made by the reviewer, the Appellant had waived objection to the review decision or otherwise had elected to pursue the appeal against the review in place of her appeal against the first decision.

On the first issue the Court of Appeal upheld the decision of the circuit judge that, on the facts, there had been an extension of time agreed between the parties. The fact that no specific date had been agreed did not mean that the review decision was out of time. The Appellant’s solicitors could have subsequently asked for a response within a specific time and, if it was not forthcoming, issued an email against the s.184 decision.

That decision was sufficient for disposing of the appeal. The Court nevertheless went on to consider the second issue.

The Appellant effectively argued that a late decision was no decision at all. The Court did not accept that proposition. Nothing in the Act suggested that the obligation to review lapsed upon expiry of the time, under the regulations, within which it is required to be provided. Further, it would be surprising if Parliament had intended that, if a review decision is made late, the parties and the court should ignore it, and then go through an argument as to the adequacy of the original decision and potentially start the whole procedure all over again.


Both grounds of appeal were therefore dismissed. In reaching its decision the Court of Appeal reviewed a number of conflicting county court decisions and brought some much-needed clarity in resolving the issue.

Summary by Alice Richardson, barrister, Trinity Chambers. For the judgment, click here.
HOUSING LAW CONSULTATIONS
 

Funding allocation methods: new domestic abuse duty
As part of the Domestic Abuse Bill, the Ministry of Housing, Communities and Local Government, is introducing a new duty on local authorities in England to provide support for victims and their children in domestic abuse safe accommodation. Subject to the successful passage of the bill, the new duty will commence in April 2021. Under the duty, local authorities will be required to assess the need for and commission support to victims of domestic abuse and their children in safe accommodation services in their areas, and report back to central government that they have met these obligations.

This consultation, which closes on 13 November 2020, seeks views on the government’s proposals for allocation of new burden funding associated with the duty to Tier 1 and Tier 2 local authorities. This consultation will be of particular interest to local authorities across England and is relevant for both upper and lower tiers. For the consultation document, click here.

Raising accessibility standards for new homes
This consultation considers how to raise accessibility standards, recognising the importance of suitable homes for older and disabled people. In particular, it considers how the existing optional accessible and adaptable standard for homes and the wheelchair user standard are used and whether government should mandate a higher standard or reconsider the way the existing optional standards are used. The consultation closes on 1 December 2020. For the consultation document, click here.

Impact of Covid-19 on tenants, landlords, rough sleepers and homelessness

The House of Commons Housing, Communities and Local Government Committee has issued a further call for evidence on the impact of Covid-19 on tenants, landlords, rough sleepers and homelessness. The call follows the Committee’s interim report, published in May, which found that successful efforts to tackle rough sleeping during the Covid-19 pandemic risked being squandered if the Government failed to implement and fund a comprehensive exit strategy.
The Committee seeks to understand how effective Government support has been in tackling the negative impact of Covid-19 on tenants, landlords, rough sleepers and the homelessness. It will also consider what additional support may be needed over winter months and following the increase in infection rates. The Committee invites evidence on the following issues:

  • How effective has the support provided by the Government been in addressing the impact of Covid-19 on tenants, landlords, rough sleepers and the homeless?
  • What might the impact be of a second wave of coronavirus on homelessness and the private rented sector?
  • What estimates or data are available on the number of eviction notices served during the ban on evictions?
  • What are the best policy options for helping tenants with rent arrears caused by coronavirus?

The deadline for submissions is 27 November 2020. For information about how to submit evidence, click here.

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.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Welfare update: Claiming Universal Credit Ian Kalman Homeless Link 4 November 2020 – to read the article, click here
We need urgent action to keep people safe through the second lockdown Steph Kleynhans Shelter Blog 4 November 2020 – to read the article, click here
Building a Safer Future – How can councils and their ALMOs best manage the responsibilities? Emma Kirby Trowers & Hamlins 5 November 2020 – to read the article, click here
Help To Buy: Important issues relating to the current (2013 – 2021) and new (2021 – 2023) Programmes Dan Moan and Dominic Bauers Devonshires 5 November 2020 – to read the article, click here
3 missing protections for renters in England’s second lockdown Gemma Byrne Citizens Advice 5 November 2020 – to read the article, click here
Lockdown 2 evictions Giles Peaker Nearly Legal 5 November 2020 – to read the article, click here
Anger, fortitude and fear: the workers left homeless by the UK's Covid pandemic Robert Booth Guardian 8 November 2020 – to read the article, click here
Nomination agreements and discrimination Giles Peaker Nearly Legal 8 November 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 November 2020 – to read the article (subscription required), click here
Housing: recent developments Jan Luba QC and Sam Madge-Wyld Legal Action November 2020 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY
 

13 November 2020                               
Closing date for submissions to the consultation on Funding allocation methods: new domestic abuse duty (see Housing Law Consultations)

17 November 2020
Report stage of the Fire Safety Bill (see Housing Laws in the Pipeline)

27 November 2020                               
Stage 2 consideration of the Renting Homes (Amendment) (Wales) Bill will take place in Committee (see Housing Laws in the Pipeline)

27 November 2020                               
Closing date for submissions to the consultation on Impact of Covid-19 on tenants, landlords, rough sleepers and homelessness (see Housing Law Consultations)

28 November 2020
Civil Procedure (Amendment No. 6) Rules 2020 come into force (see Housing Law News and Policy Issues)

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