26th August 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Stay on possession proceedings extended / six months’ notice period to be introduced
On 21 August 2020 the MHCLG announced that the stay on possession proceedings and enforcement proceedings in respect of residential tenancies (due to expire on 23 August 2020) had been extended for a further four weeks. The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020, which amend the Civil Procedure Rules 1998 r. 55.29, extend the stay imposed by this temporary rule until 20 September 2020. It applies to proceedings that were stayed immediately prior to the date that r. 55.29 first came into force, those brought after that rule came into force and those brought after this amendment comes into force and on or before 19 September 2020.

The MHCLG also announced that it “intends to give tenants greater protection from eviction over the winter by requiring landlords to provide tenants with six months’ notice in all bar those cases raising other serious issues such as those involving anti-social behaviour and domestic abuse perpetrators, until at least the end of March [2021]”.

For the MHCLG announcement, click here. For the Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020, click here. For a House of Commons Library briefing on the ban on evictions and help for rough sleepers, published since the extension of the stay, click here.

Response to extension of the stay
On 21 August 2020 the National Residential Landlords Association said:

“A blanket extension is unacceptable, especially so close to the deadline. … Landlords have been left powerless in exercising their legal right to deal with significant arrears unrelated to Covid-19, anti-social behaviour and extremely disruptive tenants who make life miserable for their neighbours and housemates.”

By contrast, Homeless Link said:

“We need to see solutions, rather than action that bolsters the problems. Extending the evictions ban to the end of the year, providing grants to tenants to cover the cost of their housing, and funding holistic support for individuals, are all things that government can do to prevent an increase in homelessness this winter and keep everyone in for good.”

For the NRLA statement, click here. For that by Homeless Link, click here. For the response of the Local Government Association to the MHCLG announcement, click here. For that of Citizens Advice Bureau, click here.

Eviction of children: Children’s Commissioner’s report

On 21 August 2020 (prior to the announcement of the stay extension) the Children’s Commissioner for England published a report – No way out: Children stuck in B&Bs during lockdown – which estimated that 420,000 children in England were in families at risk of being evicted unless the Government took action to alleviate the position. The figure is based on the estimated number of families with children who were in rent arrears in May, and was obtained from a large representative survey of UK households. Using the same survey, a further 640,000 children are in renting families which have been using up their savings or borrowing more in order to make ends meet. The report states that these families will be at risk of ending up in rent arrears later on. For the report, click here.

Statutory homelessness in England: January to March 2020
On 20 August 2020 the MHCLG published statistics on statutory homelessness in England between January and March 2020. The release covers the first week of the coronavirus (Covid-19) lockdown in England (23-31 March). Between January and March 2020:

  • 38,450 households were assessed as being threatened with homelessness within 56 days, and therefore owed a prevention duty. 36,690 households were initially assessed as homeless and therefore owed a relief duty.
  • 10,260 households were assessed as being unintentionally homeless and in priority need following the relief duty, and owed a main duty.
  • In total 36,200 households who were threatened with homelessness or were homeless were able to secure accommodation for six months or more.
  • On 31 March 2020 the number of households in temporary accommodation was 93,000, up 9.4 per cent from 85,040 on 31 March 2019. This increase is driven by single households, up 28.5 per cent to 29,390. These figures may be linked to the Covid-19 ‘Everyone in’ scheme.
  • The number of households with children in B&B was 1,550, down 28.6 per cent from 2,170 on 31 March 2019, and households with children in B&B for more than 6 weeks were down 30.3 per cent to 530 households.

For the full statistics, click here. For detailed tables on homelessness, including figures for individual local authorities, click here.

Rough sleeping: Louise Casey reported to have stepped down from Government role
On 20 August 2020 The Guardian reported that Dame Louise Casey had stepped down as an adviser to the Government on homelessness. Her duties included leading a specialist taskforce to deliver the Government’s support for rough sleepers during the pandemic. For the report, click here.

Housing Possession Court Duty Scheme
On 18 August 2020 the Legal Aid Agency invited expressions of interest to deliver Housing Possession Court Scheme (HPCDS) services in Bodmin and Truro, Southampton and Telford. Expressions of interest are sought from current HPCDS providers only. For more details, click here.

Litigants in person

On 19 August 2020 the Ministry of Justice announced that £3.1 million in funding will be provided to not for profit organisations across the country to provide free legal support in an effort to ensure better advice and clear guidance for those without legal representation in court. The support is a joint initiative with the Access to Justice Foundation. The announcement states that in addition to helping litigants in person to understand legal processes and their rights within them, there will also be practical support throughout the duration of proceedings. The funding is part of the MOJ's Legal Support Action Plan. For more information, click here.

Grenfell Tower Inquiry
On 18 August 2020 the Grenfell Tower Inquiry published an update on its work. The update provides a digest of: arrangements for the resumption of hearings; disclosure figures; support arrangements during limited attendance hearings; contact information; and drop-in sessions. For the update, click here.

Grenfell Community Update
On 21 August 2020 the MHCLG published an update about discussions that will take place, from September, to hear and understand the thoughts, hopes and concerns about Grenfell Tower and the future memorial; and the role of Kaizen, who have been recently appointed by the Government to carry out this work. For the update, click here.

Discretionary Housing Payments

On 20 August 2020 the House of Commons Library published a briefing paper briefing paper explaining the funding position and considering evidence on how Discretionary Housing Payments (DHPs) are allocated by local authorities. For the briefing, click here.

Index of Private Housing Rental Prices, UK: July 2020
On 19 August 2020 the Office for National Statistics published the July Index of Private Housing Rental Prices (IPHRP) which tracks prices paid for renting property from private landlords in the UK. The main points are:

  • Private rental prices paid by tenants in the UK rose by 1.4 per cent in the 12 months to July 2020, down from 1.5 per cent in the 12 months to June 2020.
  • Private rental prices grew by 1.4 per cent in England, 1.6 per cent in Wales and 0.6 per cent in Scotland in the 12 months to July 2020.
  • London private rental prices rose by 1.1 per cent in the 12 months to July 2020.

For the Index, click here.

Increased investment in social housing needed: Brent’s Poverty Commission

On 17 August 2020 Brent’s Poverty Commission delivered its findings, following a six-month review into poverty in the London borough. The Commission highlighted “the huge impact of expensive rents, which doubles the number of people living below the poverty line in Brent” and, among more than 40 recommendations to tackle the causes and consequences of poverty in Brent, called on the Council to create more affordable homes, using its borrowing powers to build, working with housing associations and taking advantage of post-Covid opportunities to buy from developers and landlords who are exiting the market. It also urged the council to launch an in-depth review into the private rented sector, and enforce decent standards, not least to reduce fuel poverty and health problems caused by poor conditions. For more details, click here.

Energy efficiency in homes – Wales

On 19 August 2020 the Welsh Government announced that the Optimised Retrofit Programme (ORP), part of the Innovative Housing Programme, will fund the fitting of energy efficiency measures in up to 1,000 existing homes owned by registered social landlords and councils. For more information, click here.

Closure order on residential property – Manchester
On 18 August 2020 the Greater Manchester Police reported that it and Manchester City Council had obtained a three month closure order following a large gathering at a residential property in Manchester. Just after 10 pm on Saturday, 15 August 2020, police were called to a residential property in Gorton. Officers attended and, upon arrival, were pelted with missiles before establishing that about 200 people were in attendance. A fixed penalty notice was issued to the tenant and on 18 August Manchester and Salford Magistrates’ Court made a three month closure order prohibiting access to the premises by anyone except the property owner(s) and tenant(s). For the report, click here.

Enforcement of possession orders

On 23 August 2020 the Civil Procedure (Amendment No. 3) Rules 2020 came into force. The rules amend, amongst other provisions, the Civil Procedure Rules 1998 (CPR) Parts 30 and 83 and provide, respectively, for the transfer of proceedings for the enforcement of a judgment or order for possession of land by the county court to the High Court; and for a requirement that a notice of eviction be delivered before a writ or warrant of possession can be executed. For the Amendment No. 3 Rules, click here. For the CPR, click here.

HOUSING LAWS IN THE PIPELINE
 

Parliament has risen for the summer recess. The House of Commons will return on 1 September 2020 and the House of Lords will do so on 2 September 2020.

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.  The Public Bill Committee completed its scrutiny of the bill and reported the bill without amendments to the House on 25 June 2020. The bill is now due to have its report stage and third reading on a date to be announced. 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.

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 will take place on 11 September 2020. The bill is being prepared for publication. 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.

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. On 1 April 2020 the First Minister issued a statement on the Welsh Government’s approach to legislation in light of COVID-19 in which he confirmed that this bill was not one of the Welsh Government’s current priorities and that the legislative programme remains under continual review. 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 brought forward to 23 October 2020. 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 23 October 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 13 November 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 further postponed to 23 October 2020. For the bill as introduced, click here. To follow progress of the bill, click here.

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HOUSING LAW CONSULTATIONS
 

Draft Code of Practice: RICS and TPO's Regulation of Property Agents
In December 2019 the RoPA Code Steering Group was set up for the purpose of developing an overarching code of conduct for Property Agents, following on from the recommendations made by Lord Best in the ‘Regulation of Property Agents Working Group, Final Report, July 2019’. The Steering Group have produced a new overarching draft code to the standards envisaged by the RoPA Working Group. Comment is invited on this draft overarching code. The consultation is open until 4 September 2020. For further information and to comment on the draft, click here.

Intermediate Homes for London
Intermediate housing is one of the main forms of affordable homes built in London. The Mayor of London is consulting on a broad range of proposals in relation to intermediate homes, including how to address concerns with the affordability of shared ownership homes, what more can be done to support delivery of these homes and how allocations for intermediate homes can be made more transparent and consistent. The consultation also provides an opportunity to think about whether more can be done to help key workers access and benefit from these homes in London. This is particularly important in the context of the current health crisis which has highlighted the key role many occupations play in supporting the capital’s resilience during times of crisis. The consultation closes on 11 October 2020. For more information about the consultation, click here. For the consultation document, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Expansion and control – the new right to manage William Bethune Trowers & Hamlins 19 August 2020 – to read the article, click here

The evictions ban has been extended – for now. But what does this mean for the future? Ruth Ehrlich Shelter Blog 20 August 2020 – to read the article, click here

Rebalancing the housing system: Driving quality and safety – who's at the steering wheel?
Rebecca Rees Trowers & Hamlins 20 August 2020 – to read the article, click here

From March to September – possession stay extended
Giles Peaker Nearly Legal 21 August 2020 – to read the article, click here

Shared ownership: too problematic to expand?
Dermot Mckibbin Legal Action August 2020 – to read the article, click here

A stay on evictions keeps renters safe for now, but it’s just a sticking plaster
Alicia Kennedy The Guardian 21 August 2020 – to read the article, click here

Anti-social behaviour, rough sleeping and injunctions
Ben Williams Local Government Lawyer 21 August 2020 – to read the article, click here

Tenants urgently need greater legal protection, warn campaigners
Michael Savage The Guardian 22 August 2020 – to read the article, click here

Homelessness in Britain is about to get much worse
Francisco Garcia The Guardian 22 August 2020 – to read the article, click here

Suitability, affordability and benefit claims
Giles Peaker Nearly Legal 23 August 2020 – to read the article, click here

No place like home: illegal evictions in 'shadow' sector soar in lockdown
Tom Wall The Guardian 23 August 2020 – to read the article, click here

The 11th hour extension to the possession claim stay
Andy Lane and Tara O’Leary Local Government Lawyer 24 August 2020 – to read the article, click here

Housing benefit: update 2020
Bethan Harris, Desmond Rutledge and Kevin Gannon Legal Action July/ August 2020 ‒ to read the article (subscription required), click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action July/ August 2020 ‒ to read the article (subscription required), click here
HOUSING LAW DIARY
 

1 September 2020                                
House of Commons returns from summer recess

2 September 2020                                
House of Lords returns from summer recess

4 September 2020                                
Deadline for commenting on Draft Code of Practice: RICS and TPO's Regulation of Property Agents (see Housing Law Consultations)

20 September 2020
Stay on possession proceedings ends (see Housing Law News and Policy Issues)

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