HOUSING LAW NEWS & POLICY ISSUES

Social housing white paper
On 17 November 2020 the MHCLG published a social housing white paper – The Charter for Social Housing Residents – which sets out reforms intended to speed up the complaints procedure for residents by improving access to the Housing Ombudsman, reducing decision times and ensuring effective resolution. The Charter also aims to make landlords more accountable for the services they deliver, including access to a new information scheme for tenants of housing associations and introducing a set of tenant satisfaction measures that landlords will have to report against. The Charter sets out what every social housing resident should expect from their landlord:

“1. To be safe in your home. The government will work with industry and landlords to ensure every home is safe and secure.

2. To know how your landlord is performing, including on repairs, complaints and safety, and how it spends its money, so you can hold it to account.

3. To have your complaints dealt with promptly and fairly, with access to a strong Ombudsman who will give you swift and fair redress when needed.

4. To be treated with respect, backed by a strong consumer regulator and improved consumer standards for tenants.

5. To have your voice heard by your landlord, for example through regular meetings, scrutiny panels or being on its Board. The government will provide help, if you want it, to give you the tools to ensure your landlord listens.

6. To have a good quality home and neighbourhood to live in, with your landlord keeping your home in good repair.

7. To be supported to take your first step to ownership, so it is a ladder to other opportunities, should your circumstances allow.”

The Housing Secretary also announced a consultation on mandating smoke and carbon monoxide alarms in all rental homes, as to which see Housing Law Consultations.

For the Charter, click here. For the announcement of publication of the Charter, click here. For a summary of responses received and the government’s response to the points raised in the consultation on the social housing green paper, click here.

Private and social renters: fears for the winter
On 16 November 2020 the Joseph Rowntree Foundation published the results of a large-scale survey of private and social renters in Great Britain which revealed:

• Around 2.5 million households are worried about paying their rent over the winter and 700,000 are already in arrears with their rent payments.
• JRF estimates that arrears could already total £400m in England and Wales.
• 350,000 households have already either been served an eviction notice or been spoken to about eviction by their landlord.
• High proportions of renters who have reduced spending to offset a fall in income since March are cutting back on essentials such as food (70 per cent), heating and electricity (49 per cent), and for renters with children, food for children and nappies (39 per cent).

JRF is calling for a “watertight” ban on evictions, together with targeted support for rent arrears to prevent a surge of evictions in the spring. For the survey, click here. For a news item on the JRF website concerning the survey, click here.

Judicial review challenge to the pause on bailiff evictions
On 16 November 2020 Local Government Lawyer reported that the Ministry of Justice faces a judicial review challenge over the continuing refusal to enforce warrants and writs by bailiffs and High Court Enforcement Officers (HCEOs). 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. Prior to that announcement, David Smith of JMW Solicitors had referred in a blog article on the firm’s website to evidence that county court bailiffs and HCEOs were declining to enforce warrants and writs of possession, which he said was “almost certainly unlawful”. For the Local Government Lawyer article, click here. For David Smith’s blog piece, click here.

Landlord possession statistics – England and Wales
On 12 November 2020 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from July to September 2020. Consequently, the data are unlikely to be representative of general trends in possession actions. Between July and September 2020, landlord possession claims (3,954) and orders for possession (131) decreased by 86 and 99 per cent respectively, compared to the same quarter last year. Warrants of possession (911) also decreased (by 94 per cent). No repossessions by county court bailiffs were recorded for the quarter. For the statistics (combined with those for mortgage possession below), click here.

Mortgage possession statistics – England and Wales
On 12 November 2020 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from July to September 2020. The same general observations relate to the figures for mortgage possession claims as to those for landlord possession claims (see above). Mortgage possession claims (110) and orders for possession (25) decreased by 98 and 99 per cent respectively compared to the same quarter last year. Warrants issued (23) decreased by almost 100 per cent. No repossessions were recorded in the current quarter. For the statistics (combined with those for landlord possession above), click here.

‘100,000 new social homes for rent needed each year’: Local Government Association
On 15 November 2020 the Local Government Association published a report –  Building Post-Pandemic Prosperity –  which warns that rough sleeping, homelessness and sofa surfing are only likely to increase in the coming months. The report, commissioned by the Local Government Association, Association of Retained Council Housing, and National Federation of ALMOs, calls for a post-pandemic building boom of 100,000 new social homes for rent each year which, it says, would not only meet demand for affordable homes but deliver a £14.5 billion boost to the economy. For the report, click here. For the associated press release, click here. For an article in the Guardian, click here.

NHF Code of Governance
On 12 November 2020 the National Housing Federation published its 2020 Code of Governance. The new code has strengthened the focus on accountability, equality, diversity and inclusion, safety and sustainability. The code also addresses organisational culture and sets out a requirement for boards to take into account the importance of maintaining trust and upholding the reputation of the organisation. The NHF has also recently launched the national rollout of Together with Tenants, its initiative aimed at strengthening the relationship with residents. The Federation says that, taken together, the Code of Governance and Together with Tenants signal the sector’s intent and commitment to responding positively to the need to be as transparent, open and accountable as possible. For more details, click here.

LGA Housing Advisers Programme
On 12 November 2020 the Local Government Association launched the fourth year of the Housing Advisers Programme, with a focus this year on projects tackling the impact of Covid-19. The programme funds the provision of independent expertise for councils undertaking specific projects to tackle the effects of the housing crisis in local communities – including on housing delivery, planning for homes, and reducing homelessness. For details of the programme, click here. For FAQs concerning the programme, click here.

Shared ownership – England: the fourth tenure?
On 12 November 2020 the House of Commons Library published a briefing paper explaining how shared ownership housing operates in England. It outlines Government policies to extend shared ownership, including proposals for a new national model for shared ownership and a new right to shared ownership for housing association tenants. The paper also examines the key barriers to extending shared ownership. For the briefing paper, click here.

Pregnant and homeless: a guide to support
On 13 November 2020 Centrepoint published a guide through the options and the services available to help women who are pregnant and homeless. For the guide, click here.

Help to Buy – Wales: application guidance for financial advisors and mortgage brokers
On 12 November 2020 the Welsh Government published application guidance explaining to financial advisors and mortgage brokers how to apply to the Help to Buy scheme on behalf of a client. For the guidance, click here.

Covid-19 and severe weather
On 11 November 2020 Homeless Link published a research briefing and guidance on planning and delivering the Severe Weather Emergency Protocol this winter. SWEP is provision of accommodation to people sleeping rough in severe weather conditions. There is no legal duty to provide shelter for people at this time. In October 2020, Homeless Link surveyed local authorities and homelessness organisations in England to understand more about their plans for winter provision this year. In the past, many areas have offered SWEP and extended winter provision in communal and shared facilities. This year many of these types of accommodation are no longer suitable and may pose a risk to health due to the pandemic. Homeless Link is encouraging organisations to work in partnership to identify diverse options to support individuals who are rough sleeping into Covid-safe accommodation; with the default being self-contained accommodation. To access Homeless Link’s resources in this regard, click here.

Housing Ombudsman News
On 11 November 2020 the Housing Ombudsman published the latest issue of its e-newsletter, Housing Ombudsman News. It features items on the severe maladministration cases, FAQs on the Complaint Handling code, newly appointed ARAC members, and webinars on the Ombudsman’s leasehold report. To read it online, click here.

HOUSING LAWS IN THE PIPELINE

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.

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 was due to take place 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.

HOUSING LAW CONSULTATIONS

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.

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.

HOUSING LAW ARTICLES & PUBLICATIONS

Bring Everyone In again to avoid a winter homelessness crisis Homeless Link 12 November 2020 – to read the article, click here

3 signs we’re heading into a rent arrears crisis Papatya O'Reilly Citizens Advice 12 November 2020 – to read the article, click here

The case for short and long-term investment in social housing Andrew Soar Shelter Blog 12 November 2020 – to read the article, click here

"Late" review decisions and s.204 homelessness appeals Andy Lane and Riccardo Calzavara Local Government Lawyer 13 November 2020 – to read the article, click here

Water Sellers Giles Peaker Nearly Legal 15 November 2020 – to read the article, click here

Of late reviews and multiple appeals Giles Peaker Nearly Legal 15 November 2020 – to read the article, click here

Breaking the cycle of homelessness Ben Phillips-Farmer Homeless Link 16 November 2020 – to read the article, click here

Responding to domestic abuse during lockdown and beyond Amanda Lowder NHF Blog 16 November 2020 – to read the article, click here

Quarterly Housing Update – Autumn 2020 Devonshires 16 November 2020 – to read the update, 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

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)

1 December 2020                                 
Closing date for submissions to the consultation on Raising accessibility standards for new homes (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)

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