29th January 2020
Quick Links
HOUSING LAW NEWS & POLICY ISSUES
 

Telecommunications Infrastructure (Leasehold Property) Bill
On 22 January 2020 the Telecommunications Infrastructure (Leasehold Property) Bill received its second reading in the House of Commons. 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 barrier to stated Government policy: by 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. For more details, see Housing Laws in the Pipeline.

Fire risk in flats and shared buildings
On 28 January 2020 a House of Commons debate was held in Westminster Hall on fire risk in flats and shared buildings. The debate was opened by Matt Rodda. For the Hansard record of the debate, click here. For a House of Commons Library information pack prepared for the debate, click here.

Homelessness
On 29 January 2020, there will be a House of Commons opposition day debate on homelessness. The House of Commons Library has collated various briefings on the issue for the debate. For those briefings, click here.

Couple jailed for housing benefit fraud
On 17 January 2020 the Crown Prosecution Service reported that a man and woman who lived together and had three children together but claimed they were not a couple have been jailed for £108,754 of benefit fraud. The woman was jailed for two years and three months, and the man for one year and nine months. A Proceeds of Crime timetable has also been set to recoup the falsely-claimed benefit for the Crown. For the CPS report, click here.

'No-fault' evictions
On 23 January 2020 the Law Society published its response to the Government's consultation proposing the removal of the assured short-term tenancy regime and landlords' entitlement to evict tenants before the end of a fixed-term through s21 of Housing Act 1988. The Law Society supports the abolition of 'no-fault' evictions. Simon Davis, president of the Law Society, said:

"Section 21 is one of the leading causes of family homelessness in the UK. In addition, because of the absence of legal aid support, many are unable to obtain the legal advice they need to enforce their rights. This creates an inequity of power between landlords and tenants. The rule of law should be available equally to both sides. There are fears that current legislation has led to so-called 'retaliatory evictions.' For example, if a tenant has raised concerns that a landlord has failed to comply with their own legal obligations."

Highlighting the need for balance between the rights of tenants and landlords, the Society has also recommended the widening of section 8 of the 1988 Act. For the response, click here. For the consultation document, click here.

Vagrancy Act 1824: Government policy
In replying to questions in the House of Lords concerning homelessness, the Parliamentary Under-Secretary of State at the MHCLG, Viscount Younger of Leckie, said: "the Government believe that a review of the [Vagrancy] Act rather than immediate wholesale repeal is the right course of action, to ensure that the consequences of a repeal are fully understood". For the Hansard record of questions to the minister, click here.

Vagrancy Act 1824: public opinion
On 23 January 2020 Crisis reported the result of a survey of more than 3,000 people which found that "the majority of people (71 per cent) think arresting people for sleeping rough is a waste of police time, with over half stating rough sleeping should not be considered a crime at all."

A Freedom of Information request has revealed that forces across the country have made over 8,500 arrests under the Vagrancy Act in the last five years, suggesting, according to Crisis, that a significant amount of police time, money and effort is being wasted because of this archaic law. For more details, click here.

English Housing Survey 2018 to 2019
On 23 January 2020 the MHCLG published initial findings from the English Housing Survey 2018 to 2019. The main findings are:

  • Owner occupation rates remain unchanged for the sixth year in a row. Of the estimated 23.5 million households in England, 15.0 million or 64 per cent were owner occupiers.
  • The proportion of households in the private rented sector also remains unchanged for the sixth year in a row. The proportion of households in the social rented sector has not changed for more than a decade. In 2018-19, the private rented sector accounted for 4.6 million or 19 per cent of households. The social rented sector, at 4.0 million households (17 per cent), remained the smallest tenure.
  • The proportion of 25-34 year olds in owner occupation has increased and there are now almost equal proportions of 25-34 year olds living in the private rented and owner occupied sectors. In 2018-19, 41 per cent of those aged 25-34 lived in the private rented sector; a further 41 per cent were owner occupiers.
  • The proportion of people aged 55-64 living in the rented sectors has increased. In 2018-19, 10 per cent of 55-64 year olds lived in the private rented sector, up from 7 per cent in 2008-09.
  • In 2018-19, 8 per cent of social renters lived in overcrowded accommodation, up from 5 per cent in 1998-99.

For the full report, click here.

Grenfell Tower Inquiry: Phase 1
On 21 January 2020 the Government published its response to the Grenfell Tower Inquiry's Phase 1 report, which was published on 30 October 2019. The response sets out the steps the Government is taking to implement the report's recommendations as well as the wider work it is doing to make buildings safer. For the response document, click here. For the Phase 1 report, click here.

On the same date, the Mayor of London published his first progress report on the implementation of the Grenfell Tower Inquiry recommendations. For the progress report, click here. For the announcement of publication, click here.

Grenfell Tower Inquiry: Phase 1: House of Commons debate
On 21 January 2020 the House of Commons held a debate to consider the Grenfell Tower Inquiry's Phase 1 Report. For the Hansard record of that debate, click here.

Grenfell Tower Inquiry: Phase 2
On 27 January 2020 Phase 2 of the inquiry began with opening statements. For the first week's schedule, click here. For an editorial article in The Guardian concerning the second phase of the inquiry, click here.

New social housing - Southwark
On 24 January 2020 Southwark Council announced that it has committed to aiming for 50 percent of any new housing to be social or intermediate rent as part of its New Southwark Plan (NSP), which has now been submitted. The council is the only remaining London council to demand delivery of social housing, not just affordable homes, as part of its planning policies. The NSP is Southwark Council's blueprint for future planning and developments and lays out what and where it wants to see areas for, for example, housing, green space, offices and retail. For the announcement, click here.

Domestic abuse: Make a Stand
On 23 January 2020 CIH announced that 425 organisations have now signed up "to make a stand against domestic abuse across the UK". To encourage those housing associations which have not yet signed up for the campaign, CIH has launched a guide, How to make a stand against domestic abuse. For the announcement, click here. For the guide, click here.

Help to Buy: Shared Equity Loan Scheme: October to December 2019 - Wales
On 23 January 2020 the Welsh Government published data on the number of homes purchased in Wales and the value of the loans received under the Shared Equity Loan Scheme for October to December 2019. Between 1 July and 30 September 2019:

  • 623 property purchases were completed using a Welsh Government shared equity loan. This brings the total number of purchases under Help to Buy - Wales since its introduction on 2 January 2014 to 10,215.
  • Over the quarter, total value of these equity loans was £25.2 million. The value of properties purchased totalled £127.6 million.
  • The mean property purchase price using the scheme during this quarter was £204,875, with a mean equity loan value of £40,439.
  • There were 54 completed purchases of leasehold properties. All leasehold properties were flats.

The majority of homes purchased through the scheme to date have been to first time buyers, accounting for 76 per cent of all completed purchases. For the full data, click here.

Short-term lettings - London
On 22 January 2020 London Councils revealed that new research suggests one in every 50 homes in the capital is let on a short-term basis. London Councils, a cross-party group representing all 32 boroughs and the City of London Corporation, found 73,549 listings for London homes on online letting platforms such as Airbnb in December 2019. Calling for improved regulation of the booming short-term lets market, London Councils warns that the growth in short-term lets deprives the capital of much-needed permanent accommodation. For more details, click here.

Housing Ombudsman
On 23 January 2020 the Housing Ombudsman launched the first in a new series of reports providing insight into the complaints data and individual complaints received. Issue 1 of the Insight report focuses on the first six months of 2019-20, highlighting that complaints about repairs continues to be the biggest category of complaint, accounting for 29 per cent of the 4,724 complaints received. The next two largest categories were tenants' behaviour (14 per cent) and complaint handling (14 per cent). For the report, click here.

HOUSING LAWS IN THE PIPELINE
 

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. The second reading is scheduled for 7 February 2020. 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 will commence on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library, click here.

Make Sure you Keep Up to Date with Housing Law Week

Don’t miss out on your weekly updates!
Sign up here now to ensure you receive your own free copy of Housing Law Week straight to your desktop each week.

HOUSING LAW CONSULTATIONS
 

Strengthening police powers to tackle unauthorised encampments
The Government is consulting on measures to criminalise the act of trespassing when setting up an unauthorised encampment in England and Wales and, in particular, on:

  • amending section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas
  • amending sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return from three months to twelve months
  • amending section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised from six to two or more vehicles
  • amending section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway.

For the consultation, which closes on 4 March 2020, click here.

Fire safety: risk prioritisation in existing buildings - a call for evidence
The MHCLG is commissioning research to develop an evidence base on fire safety risk in buildings, which could assist building owners in the prioritisation of risks in existing buildings and prioritisation of buildings based on a broader understanding of risk. This call for evidence is seeking views and evidence to help define the scope of this research by providing, in advance, stakeholder and industry views on approaches, tools and methodology that should be considered for this complex project. For the consultation, which closes on 17 February 2020, click here. To respond to the consultation, click here.

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, which closes on 13 April 2020, click here. For the analysis of survey responses, click here. To respond to the consultation, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Latest MHCLG Advice for Owners of Multi-Storey and Multi-Occupied Residential Buildings Devonshires Blog 22 January 2020 - to read the article, click here

Making a Real Change to homelessness in your area Robbie Cowbury Homeless Link 24 January 2020 - to read the article, click here

New homes from empty houses Russell Grainge CIH Blog 24 January 2020 - to read the article, click here

Visible homelessness is up. But don't forget the hidden pain of Britain's sofa surfers Francisco Garcia The Guardian 24 January 2020 - to read the article, click here

Gypsies and Travellers - time for a rethink Giles Peaker Nearly Legal 26 January 2020 - to read the article, click here

What will happen in phase two of the Grenfell Tower inquiry? Editorial New Statesman 27 January 2020 - to read the article, click here

'It's incredible what they see': housing associations take on county lines crime Harriet Grant The Guardian 27 January 2020 - to read the article, click here

Homes and (dis)contents: getting full value out of the Homes (Fitness for Human Habitation) Act Simon Mullings Legal Action January 2020 - to read the article, click here

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

HOUSING LAW DIARY
 

29 January 2020
House of Commons debate on homelessness (see Housing Law News and Policy Issues)

30 January 2020
Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2020 comes into force

3 February 2020
Home Office launches 'Fire Kills' advertising campaign

7 February 2020
Homes and Communities Agency (Transfer of Property etc.) Regulations 2020 come into force

7 February 2020
Second reading of Domestic Premises (Energy Performance) Bill (see Housing Laws in the Pipeline)

 
Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk
RECRUITMENT

Featured Job of the Week

Runnymede Borough Council

Housing Solutions Officer

We are looking for a capable and ambitious individual to join our Housing Solutions team. You will have experience of working within homelessness services. You will be a team player who is articulate, organised and able to work well under pressure.

Salary £29,274 to £32,485 p.a. depending on experience

Please apply online by 3 February 2020 at www.surreyjobs.info

For an informal chat about this position, please contact Iqvinder Sokhal, Housing Solutions Manager on 01932 425836

 
 
Housing Supply Manager
Three Rivers District Council
Click here for details
 
Housing Strategy and Enabling Manager
Bristol City Council
Click here for details
 
Housing Advisor x 2 Fixed Term
Bristol City Council
Click here for details
 
Housing Advisor x 3
Bristol City Council
Click here for details
 
Homeless Prevention Lead Officer
Dacorum Borough Council
Click here and scroll for details
 
Private Sector Support Officer
Dacorum Borough Council
Click here and scroll for details
 
Housing Advice (Triage) Officer
Dacorum Borough Council
Click here and scroll for details
 
Customer Delivery Officer Level 1
Wokingham Borough Council
Click here for details
 
Housing Solicitor
Burke Niazi Solicitors & Advocates
Click here for details
 
 
Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B