HOUSING LAW NEWS & POLICY ISSUES

Responses to the social housing white paper
Following publication of the Government’s social housing white paper on 17 November 2020 (as to which, click here), various organisations have issued responses. For that of the Local Government Association, click here. For ARCH’s initial response, click here. For a statement by the Housing Ombudsman, click here. For a comment by the Chief Executive of the Regulator of Social Housing, click here.

Rough sleepers
On 20 November 2020 the Local Government Association published a report which predicts that some people sleeping rough in some areas could be forced to stay out this winter to avoid a risk of infection in unsafe settings, due to shortfalls in funding and appropriate accommodation for councils to use. A new report, Lessons learnt from councils’ response to rough sleeping during the COVID-19 pandemic, by Local Partnerships and commissioned by the LGA, has found that some councils will be able to provide severe weather emergency provision within hostels, hotels and B&Bs, or reconfigured communal spaces such as day centres with cubicles. It warns, however, that others face a choice between leaving people sleeping rough outside in the cold or bringing them into accommodation, such as night shelters, which risks spreading the virus and should be used only as a last resort. For the executive summary, click here. For an article setting out the report’s findings, click here.

The State of Ageing: Centre for Ageing Better report
On 19 November 2020 the Centre for Ageing Better published a report – The State of Ageing in 2020 – which warns that poor health, unsafe and low-quality housing, and a lack of social connections have exacerbated the impact of the Coronavirus pandemic, particularly among the less well-off. The report says that, without action, regional and economic inequalities in later life will deepen over the coming years, and many of those in mid-life are on a path to poverty and ill-health in retirement. The organisation is calling for urgent action by national and local governments, businesses and the voluntary sector to address the gap in disability-free life expectancy and to enable all to live longer, healthier lives. For the report, click here. For the response of the Local Government Association, click here.

Support for mortgage borrowers impacted by Coronavirus: Financial Conduct Authority
The Financial Conduct Authority has confirmed updated guidance to firms, in force from 20 November 2020, setting out enhanced support that should be available to mortgage borrowers experiencing payment difficulties as a result of Coronavirus. The FCA has also provided more detail on which groups of consumers will and will not be able to access payment deferrals:

• Those who have not yet had a payment deferral will be eligible for payment deferrals of six months in total.
• Those who currently have a payment deferral will be eligible to top up to six months in total.
• Those who have previously had payment deferrals of less than six months will be able to top up, as long as total deferrals do not exceed six months. This includes those receiving tailored support and those who are behind on payments.
• Borrowers who have already had six months of payment deferrals will not be eligible for a further payment deferral. Firms will provide tailored support appropriate to their circumstances. This may include the option to defer further payments.

The FCA has confirmed that firms will continue to offer tailored support to borrowers. For more details, click here.

Additional funding for domestic abuse support
On 18 November 2020 Ministers confirmed a funding boost for victims of domestic abuse. Nearly £11 million will be awarded to a range of services offering practical and emotional help – allowing organisations to recruit more staff, adapt to remote counselling methods during the pandemic and keep helplines open for longer. In addition, Ministers announced that a further £7 million will go towards a range of innovative programmes aimed at perpetrators, designed to prevent domestic abuse from happening in the first place.

In addition, the Government says that victims of all crimes will benefit from a clearer set of rights regarding the support they should receive from the police, courts and other criminal justice agencies. The new Victims' Code sets out 12 key overarching rights, which are intended to be clear, concise and easy to understand.  It will come into force on 1 April 2021 and includes a new right for eligible victims to be automatically referred to the Victim Contact Scheme as well as greater rights for victims of mentally disordered offenders. For the announcement, click here. For details of the statutory instrument which brings into operation the revised Victims’ Code, click here.

Council to reconsider how it allocates housing: Ombudsman’s report
On 19 November 2020 the Local Government and Social Care Ombudsman reported that East Lindsey District Council has been asked to review its housing allocations policy to ensure it meets its equality duties, following an investigation by the Ombudsman. The Ombudsman looked at the council’s policy after a couple complained they had been barred from joining the housing register because they did not have a connection to the area. This was despite wanting to provide care to an elderly relative who lived there. The Ombudsman’s investigation found the council’s policy did not meet the requirements of the Public Sector Equality Duty. This is because the policy does not consider the needs of people with disabilities when excluding caregivers from qualifying for a local connection. For the report, click here.

Homeless at school: Shelter survey
On 18 November 2020 Shelter reported the results of a survey finding that in the last three years, over half of state school teachers in Britain (56 per cent) have worked at a school with children who were homeless or became homeless. During that period:

• 88 per cent of such teachers reported children missing school as a key issue. This is often because children can face significant difficulties with their journey to school if they become homeless and are accommodated a long way from their former home.
• 87 per cent reported children coming to school hungry. Temporary accommodation such as B&Bs and hostels are often not equipped with suitable or any cooking facilities.
• 94 per cent reported tiredness as an issue for homeless children and those living in bad housing. In overcrowded accommodation children may struggle to sleep.
• 89 per cent reported children arriving at school in unwashed or dirty clothing. This can be caused by a lack of proper or affordable washing facilities in temporary accommodation, as well as issues such as mould and damp in poor-quality housing.

For the report, click here.

Flats in buildings without cladding
On 21 November 2020 the MHCLG announced that owners of flats in buildings without cladding will no longer need an EWS1 form to sell or re-mortgage their property. This results from an agreement between the Government and the Royal Institution of Chartered Surveyors, UK Finance and the Building Societies Association. Hitherto an external wall fire review process – commonly referred to as ‘EWS1’ – has been applied to buildings without cladding. This has stopped some people from selling or moving home and causing unnecessary anxiety for homeowners. The Government has also announced nearly £700,000  to train  more assessors, speeding up the valuation process for homeowners in cases where an EWS1 form is required. For the announcement, click here.

Property Licence Checker – London
On 18 November 2020 the London Mayor, Sadiq Khan, launched a new online tool to help London’s private renters to discover whether their landlord has properly licensed their home. With a patchwork of different property licensing schemes in place for different types of privately rented housing in different London boroughs, it can be difficult for tenants to know whether their landlord has secured the correct licence. The new Property Licence Checker is intended to help renters find out whether their home needs a licence and, if so, will direct them to the relevant borough to check whether a licence is in place. For the Property Licence Checker, click here.

Housing mediation tender plans
On 16 November 2020 the Ministry of Justice published a prior information notice of a tender to run a pilot to test remote mediation for housing cases. The deadline for bids is 8 December 2020. Legal Action has reported the comments of Diane Astin, a consultant solicitor at Deighton Pierce Glynn, that the pilot “shows a fundamental misunderstanding of the nature of possession proceedings and what happens at the hearing”. She said the lawyers and advice agencies that provide duty advice and representation at possession “already strive to facilitate settlement”. For the report in Legal Action, click here. For the prior information notice, click here.

Mortgage Arrears and Repossessions – England
On 17 November 2020 the House of Commons Library published a briefing paper outlining temporary measures to assist homeowners to manage their mortgage payments during the Coronavirus (Covid-19) outbreak. It considers lenders’ obligations towards homeowners who are struggling with their mortgage payments, outlines possible sources of advice for mortgagors, and discusses the mortgage support schemes that were introduced in response to the 2008 financial crisis. For the briefing, click here.

Index of Private Housing Rental Prices – UK: October 2020
On 18 November 2020 the Office for National Statistics published the index of private housing rental prices in the UK during October 2020. The ONS found that:

• Private rental prices paid by tenants in the UK rose by 1.4 per cent in the 12 months to October 2020, down from an increase of 1.5 per cent in September 2020.
• Private rental prices grew by 1.4 per cent in England, 1.6 per cent in Wales and 0.8 per cent in Scotland in the 12 months to October 2020.
• London saw its biggest slowdown in private rental prices growth since March 2017, slowing to 0.9 per cent in the 12 months to October 2020, down from 1.2 per cent in September 2020.

For the index, click here.

Registered social landlords – Wales
On 17 November 2020 the Welsh Government published a list of organisations registered with it to provide social housing. For the list, click here.

Help to Buy – Wales: approved financial advisors
On 20 November 2020 the Welsh Government published a list of financial advisers who are approved to provide advice about Help to Buy – Wales. For the list, 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 was due to take place on 24 November 2020. 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 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.

NEW HOUSING CASES

Prempeh v Lakhany [2020] EWCA Civ 1422 – Formalities of notices under Section 8 of the Housing Act 1988

This case involved a technical challenge to the validity of the notice served by Mrs Lakhany as landlord; on grounds that it was a demand for rent under section 47 of the Landlord and Tenant Act 1987 (the 1987 Act) and so had to provide details of the landlord; and also that it failed to comply with the requirements of section 8 of the Housing Act 1988 (the 1988 Act) in failing to include those same details of the landlord.

The section 47 ground
As to the contention that a section 8 notice is a demand for rent and so within the scope of section 47 of the 1987 Act, the court considered that the word “demand” is an ordinary English word and should bear its ordinary meaning whereas a section 8 notice provides information required by statute and is not a request for payment of rent, failing which court action would be taken. On the contrary under ground 11 there is no requirement for there to be actual arrears rather persistent defaults in payment. That could not be remedied by payment of rent.

Therefore, a section 8 notice is not a demand for rent and CY Property Management Ltd v Babalola (unreported 25 Jan 2019) may not be relied upon as asserting that it is. That being the case, the Court declined to consider the effect of invalidity under section 47 since the 1987 Act did not make the rent unenforceable, as the obligation to pay rent arises under the lease without need for demand, and a demand which fails to comply with section 47 does not suspend that obligation.

Section 8 formalities ground
In order to comply with section 8 of the 1988 Act, a notice must be in the prescribed form, that is Form 3 of the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, as amended.

No issue was taken, rightly, with minor implementation details which varied in the form used which was supplier by a legal stationer. This is envisaged by regulation 2 of the 2015 Regulations. However, one of the requirements of Form 3 is the landlord’s name and address. The instructions as to this requirement are considered to be clear and allow the landlord, licensor or their agent to fill in that signature block including contact details for the person signing.

The tenant’s arguments required that where an agent was used, the landlord’s details should also be supplied. This requirement was not supported by the form itself, either in the form of a space for such details or a direction to include the landlord’s details.

A further point, occurring to the judge but not argued, is that the form is designed for completion by a lay person. Were there such a requirement which were not obvious, then this would be a trap for the unwary and lead to otherwise valid cases being rejected for formal defects.

Conclusion
There is no requirement to include the landlord’s details on a section 8 notice where it is signed by an agent for the landlord; nor does such a notice amount to a demand for rent under section 47 of the Landlord and Tenant Act 1987.

Summary by Chris Hegarty, barrister, Trinity Chambers. For the judgment, click here.

 

Sharif v Birmingham City Council [2020] EWCA Civ 1488

This appeal considered whether an injunction granted pursuant to section 222 of the Local Government Act 1972 (s.222), against “Persons Unknown” in the local authority area of Birmingham City Council (the Council), to prevent street cruising, was properly granted, given the alternative remedy available to the Council of itself making a Public Spaces Protection Order (PSPO) under Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.

Background
On the 6th October 2016, an injunction was granted pursuant to s.222, on application by the Council, against “Persons Unknown” prohibiting street cruising throughout the local authority area. Street cruising was defined in the injunction and a power of arrest was attached to its conditions. The injunction was granted for three years.

It was alleged that on the 16th September 2018 Mr Sharif had breached the terms of the injunction. The Council served on Mr Sharif an application notice to commit him for contempt of court and he was subsequently arrested and brought before the court.

Application to discharge the injunction
Counsel for Mr Sharif applied to have the injunction discharged on the basis that it was wrong to have granted it and there was an error of principle in the reasoning which led to it being granted. The application relied upon Birmingham City Council v Shafi [2009] 1 WLR 1961 (Shafi), which held that an injunction restraining gang-related activity of three defendants should not have been granted under s.222, in terms identical or nearly identical to those which could have been included in an ASBO granted by the criminal courts. It was submitted that in the current case, as in Shafi, Parliament had provided a specific statutory remedy and procedure to combat this specific type of behaviour, namely the PSPO. The court should therefore only deviate from this and grant injunctive relief in rare circumstances. It was further advanced that the use of injunctive relief was wrong in principle due to the more onerous sanction for contempt of court and the legislative safeguards built into the PSPO regime.

On the 24th May 2019, His Honour Judge McKenna, sitting as a Deputy High Court Judge, refused the application. He held that a PSPO is not a specific statutory remedy designed or introduced to tackle the problem of car cruising. The case of Shafi was a choice between two types of court orders, in contrast to the current case which was a decision between a local authority’s administrative procedure and a court remedy. To follow the principle in Shafi would mean that a local authority is obligated to make a PSPO, a procedure without recourse to the court, and the court should exercise its discretion to decline to deal with an application on the basis that the local authority should have made an order itself. Thirdly, it was clear from the decision in Swindon Borough Council v Redpath [2009] EWCA Civ 943 (Redpath), that there has never been a doctrine requiring an authority to apply for the remedy representing the “closest fit”. Finally, Shafi has not been followed in other cases.

The appeal
The Court of Appeal confirmed the decision of Judge McKenna and dismissed the appeal.

The Court held that the ratio in Shafi does not apply in the current case. Shafi held that it was wrong for the Council to apply for a s.222 injunction to restrain anti-social behaviour rather than to apply for an ASBO in the criminal courts when the terms of the injunction sought were “identical or almost identical” to those which would be obtainable under an ASBO and, secondly, the alternative could not be said to be ineffective. In reaching its judgment, the Court confirmed the decision of Redpath, which held that there was no reason why a local authority should not apply for an anti-social behaviour injunction under the Housing Act 1996 rather than seek an ASBO. The Court noted the observations of Jackson LJ in Birmingham City Council v James [2014] 1WLR 23, that there is no “closest fit” principle which cuts down the court’s statutory powers to make pre-emptive orders.

In written submissions on behalf of Mr Sharif, it was advanced that the injunction should not have been granted, due to the difference in sanctions for contempt of court and breach of a PSPO. This point was not raised in oral submissions. Nonetheless the Court said that if the proposition were accepted, it would turn the current case law on its head.

In oral submissions, it was argued that an alternative to granting the injunction was to deal with the individuals by way of a motoring offence. The Court stated that the injunction was to prevent future nuisance, not to impose penalties for past ones.

Summary by Shada Mellor, barrister, Trinity Chambers. For the judgment, 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.

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 LAW ARTICLES & PUBLICATIONS

Finally, lawful non-evictions Giles Peaker Nearly Legal 16 November 2020 – to read the article, click here

The Charter for Social Housing Residents: Social Housing White Paper – at first glance Tonia Secker Trowers and Hamlins 17 December 2020 – to read the article, click here

The pandemic has made it clear that housing is England's greatest divide Owen Hatherley Guardian 17 November 2020 – to read the article, click here

Wales is facing a Covid debt crisis Rob Palmizi Citizens Advice 18 November 2020 – to read the article, click here

Capped for Christmas: why the benefit cap needs to go Steph Kleynhans Shelter Blog 18 November 2020 – to read the article, click here

Building a Safer Future – the cost implications for local housing authorities Ian Doolittle and Scott Dorling Trowers and Hamlins 19 November 2020 – to read the article, click here

In schools, we see the extra harm Covid is doing to Britain's homeless children Dani Worthington Guardian 19 November 2020 – to read the article, click here

Environmental sustainability as a governance priority for housing associations Nathan Bradberry, Sarah Greenhalgh and Deborah Rowntree Local Government Lawyer 20 November 2020 – to read the article, click here

Social Housing Tenants Charter: the importance of listening to residents Deborah Garvie Shelter Blog 20 November 2020 – to read the article, click here

Shared ownership consultation – It is out of the bag (sort of) – the ten year maintenance period will start from… Devonshires 20 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 December 2020 / January 2021– 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

25 November 2020
The Chancellor of the Exchequer’s Spending Review

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)

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)

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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Hammersmith and Fulham Council
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Royal Borough of Kingston and Chelsea
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