HOUSING LAW NEWS & POLICY ISSUES

Coronavirus (COVID-19): Homelessness response fund
On 14 May 2020 the MHCLG announced £6 million of emergency funding to provide relief for frontline homelessness charitable organisations who are directly affected by the COVID-19 outbreak. Homeless Link will distribute the fund on the ministry’s behalf to facilitate this support to the sector, allowing organisations to focus solely on their mission of supporting vulnerable people. The grants are open to registered charities, Charitable Incorporated Organisations, Community Benefit Societies and Community Interest Companies (with an asset lock) in England working to support those rough sleeping or experiencing homelessness through the COVID-19 crisis. For the announcement, click here. For further information regarding eligibility criteria and the application process, click here.

Coronavirus (COVID-19): Housing Secretary’s statement on the housing market
On 13 May 2020 the Housing Secretary outlined the Government’s “plan to safely restart, reopen and renew the housing market”. From that date various activities related to the sale and letting of residential properties have been permitted. For the precise details, see the next news item.
On the same day the Government issued guidance on home moving during the coronavirus (COVID-19) outbreak. For the guidance, click here. For the Housing Secretary’s statement (which begins with that day’s update of data on the coronavirus response), click here. For the response of the Local Government Association, click here. For a short video, produced by the Residential Landlords Association, explaining the changes, click here.

Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020
These regulations, which came into force on 13 May 2020, extend the list of reasonable excuses to leave the place where a person is living to include the following:

“(l) to undertake any of the following activities in connection with the purchase, sale, letting or rental of a residential property—
(i) visiting estate or letting agents, developer sales offices or show homes;
(ii) viewing residential properties to look for a property to buy or rent;
(iii) preparing a residential property to move in;
(iv) moving home;
(v) visiting a residential property to undertake any activities required for the rental or sale of that property.”

For the Regulations, click here.

Housing market reopening: Citizens Advice response
On 15 May 2020 Citizens Advice responded to the Government statement that the housing market can reopen and the legislation implementing it (see above for each) by calling on the Government to extend the measures put in place to protect tenants from the financial impact of the coronavirus emergency. In particular, it said, the Government should accelerate its policy to scrap section 21 (so called ‘no fault evictions’). CA also called for temporary changes to allow courts further discretion when faced with tenants whose rent arrears have been caused by the coronavirus outbreak in order to prevent “a cliff edge when current protections end on 25 June”. CA also advised tenants as to their rights in the current circumstances. For the CA statement, click here.

Coronavirus (COVID-19): Letter to social housing residents
On 18 May 2020 the MHCLG published a letter from the Minister of Housing setting out the measures that are in place to support social housing residents during the next phase towards reopening society. The letter covers: internal maintenance and repairs; external maintenance and services; gas safety checks; building safety; tenants seeking to move home; support for existing renters; local council tax support; wellbeing; support for extremely vulnerable people; anti-social behaviour; support for victims of domestic abuse; and sources for further advice on coronavirus. For the letter, click here.

Homelessness and rough sleeping
On 14 May 2020 Manchester Evening News reported that “a leaked report to the region’s combined authority reveals the MHCLG has now ‘drawn a line’ under its [Everyone In] programme and has told councils it will no longer be funded, although no ministerial statement has been made to that effect.” Government announced in March that it was directing local authorities to house rough sleepers in hotels in order to protect them from the pandemic. In Manchester 1,573 homeless people have been housed since the outbreak began, 50 per cent higher than the number originally forecast.

In response to the report, Jon Sparkes, Chief Executive of Crisis, said:
“The initial emergency response to the outbreak showed what can be done when the political will and leadership from central Government is there - but if we retreat into a failed ‘business as usual’, handing the issue back to overstretched local councils with no ring-fenced funding, then we let down not just the thousands experiencing homelessness today, but many thousands more at risk from the economic downturn we are entering.”

For the original report, click here. For the full Crisis response, click here.

Renters’ concerns in coronavirus (COVID-19) emergency
On 13 May 2020 Generation Rent published the result of a survey of over 1,500 private and social renters as to how the coronavirus crisis was affecting them. The survey found:

• 66 per cent of private renters are worried about paying their rent over the next six months.
• 15 per cent are already behind with rent payments.
• Two in five renters who have lost income have asked their landlord for a lower rent. Just 7 per cent of landlords have offered a rent reduction that did not have to be paid back.
• Over half (58 per cent) of renters are worried about eviction, despite the Government’s temporary ban.

For more details of the survey’s findings, click here.

Landlord possession statistics – England and Wales
On 14 May 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 January to March 2020. Landlord possession claims (24,321), orders for possession (19,141), warrants of possession (12,142) and repossessions by county court bailiffs (7,070) decreased by 20, 19, 23 and 16 per cent respectively, compared to the same quarter last year. For the statistics (combined with those for mortgage possession below), click here. The statistics have been affected by the Government’s actions (initially announced on 17 March 2020) aimed at limiting short-term hardships faced by home owners and renters. For details of the impact of those actions, see section 8 of the release.

Mortgage possession statistics – England and Wales
On 14 May 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 January to March 2020. Mortgage possession claims (5,028), orders for possession (3,615), warrants (3,466) and repossessions (1,036) have all decreased by 18, 16, 27 and 21 per cent respectively compared to the same quarter last year. For the statistics (combined with those for landlord possession above), click here. The statistics have been affected by the Government’s actions (initially announced on 17 March 2020) aimed at limiting short-term hardships faced by home owners and renters. For details of the impact of those actions, see section 8 of the release.

Cladding: progress on remediation
On 18 May 2020 the Commons Housing, Communities and Local Government Select Committee heard from representatives of residents action groups about the impact on their lives of ongoing issues with dangerous cladding, and other fire safety issues. It also investigated the perspectives of residents groups and the Government on the pace of remediation, the quality of financial support and national leadership in driving change. For more details, click here.

Housing Possession Court Duty Schemes
On 15 May 2020 the Legal Aid Agency published amended forms used in the Housing Possession Court Duty Schemes. For the current forms and guidance, click here.

Statutory homelessness in England
On 12 May 2020 the House of Commons Library published a briefing paper providing statistics on statutory homelessness in England and explaining local authorities' duties to assist homeless households. The paper includes an overview of, and comment on, Government policy in this area. For the briefing paper, click here.

Homelessness hostels and women’s refuges – London
On 15 May 2020 the Mayor of London, Sadiq Khan, announced a £40m fund to allow homelessness hostels and women’s refuges to make their facilities safer for residents during the coronavirus pandemic by remodelling existing hostels to make it easier to maintain social distancing and self-isolation, ensure bathroom facilities are not shared and help slow any spread of the virus between hostel residents. 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 received its first reading in the House of Commons on 19 March 2020 and its second reading on 29 April 2020. For the second reading debate, click here.  It is now being considered by a Public Bill Committee which will scrutinise the bill line by line and is expected to report to the House by 25 June 2020. 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. The second reading was on 22 April 2020. The committee stage will commence on 19 May 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 considered the bill on various dates up to 12 March 2020. The Legislation, Justice and Constitution Committee and the Finance Committee are due to consider the Bill on dates to be appointed. 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. The second reading has been further postponed to 5 February 2021. 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. The second reading has been further postponed to 29 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. The second reading has been postponed to 5 March 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. The second reading has been further postponed to 11 September 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. The second reading has been further postponed to 15 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.

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 further postponed to 30 October 2020. 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 postponed to 11 September 2020. For the bill as introduced, click here. 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, for which the closure date has been extended to 25 May 2020, click here. For the analysis of survey responses, click here. To respond to the consultation, 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

Not Arkin any more Giles Peaker Nearly Legal 11 May 2020 – to read the article, click here

The benefit cap is undermining the government’s response to coronavirus (COVID-19) Jenny Pennington Shelter Blog 11 May 2020 – to read the article, click here

Unlicensed HMOs and liability Simon Kiely, Aleksandra Wolek and Christos Paphiti Local Government Lawyer 11 May 2020 – to read the article, click here

This is how it ends, not with a bang but a viewing. Giles Peaker Nearly Legal 12 May 2020 – to read the article, click here

The UK must freeze private rents now – or thousands will be made homeless Joe Beswick The Guardian 12 May 2020 – to read the article, click here

Three steps to avoid a post-lockdown homelessness crisis Alastair Harper Shelter Blog 14 May 2020 – to read the article, click here

Why the next 6 weeks are crucial for renters Caroline Aliwell Citizens Advice Blog 14 May 2020 – to read the article, click here

See the person, not the tenure. See the person, not the stereotype Fiona Brown and Pam Hankinson CIH Blog 18 May 2020 – to read the article, click here

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

HOUSING LAW DIARY

25 May 2020                            
Extended deadline for responses to Review of the ban on the use of combustible materials in and on the external walls of buildings (see Housing Law Consultations)

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