HOUSING LAW NEWS & POLICY ISSUES

Homeless Reduction Act 2017: review
On 25 September 2020 the MHCLG published two documents on the implementation of the Homelessness Reduction Act 2017: the Government response to a call for evidence and an independent evaluation of the working of the Act. The findings show that the service has improved for those who would previously have had limited support and households are receiving help both earlier and for longer. The prevention duty was viewed as the element of the Act that has been most effective in achieving positive outcomes for more service users. The relief duty was the element where reported effectiveness varied most between different local areas. The ability of local authorities to relieve homelessness was reported to be inconsistent depending on structural challenges such as the local supply of affordable housing. Personalised housing plans are being consistently delivered by local authorities, but perceptions on their impact are mixed. Local authorities were reporting a positive culture change; however, there were mixed responses about how service users felt that they had been treated, with some feeling they were still being gatekept from services, suggesting the ethos of the Act is not yet universally embedded across all staff in every local authority. For the government response document and the independent review, click here. For the MHCLG announcement of the findings, click here. For the response of the Local Government Association, click here.

Statutory homelessness in England
On 26 September 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. The most recent statistical release covers the period between January and March 2020. For the briefing, click here.

Homelessness: NFA best practice report
On 24 September 2020 the National Federation of ALMOs published a best practice report on homelessness which concludes that current Government strategy on homelessness, focused largely on crisis management rather than prevention, is failing to balance the homelessness equation. The report is based on the “frontline knowledge” of its members who manage their parent councils’ statutory homelessness duties. Report author Lisa Birchall says: “Increasingly, the core systemic cause of homelessness in the UK is the chronic shortage of truly affordable homes. While the well-understood triggers of debt, domestic violence and life-controlling dependencies still play a significant part in the loss of a stable home, the loss of a private tenancy or family support now accounts for close to half of all homelessness claims.” For the report, click here.

Homelessness: Centrepoint publishes submission to Government’s Comprehensive Spending Review
On 25 September 2020 Centrepoint published details of its submission to the Government’s (cancelled) Comprehensive Spending Review. The submission makes the case for greater investment in homelessness services and reforms to the social security system for young people experiencing homelessness. For details, click here.

Ombudsman’s investigation into homelessness – Wales
On 25 September 2020 the Public Services Ombudsman for Wales launched a consultation on a proposed ‘own initiative’ investigation into homelessness in Wales. The investigation would focus on the administration of the homelessness assessment and review process by local authorities in Wales. It would also consider any improvements and good practice in service delivery that have arisen during the Covid-19 pandemic that can be taken forward to drive change in this work in the longer term. For more details of the proposed investigation, click here. For the consultation document, see Housing Law Consultations (below).

Draft Building Safety Bill: Pre-legislative scrutiny
On 28 September 2020 the Commons Housing, Communities and Local Government Committee continued pre-legislative scrutiny of the draft Building Safety Bill with an evidence session featuring representatives of Leasehold Knowledge Partnership, National Housing Federation, Association of Residential Managing Agents, Long Harbour and the Association of British Insurers. To view the session, click here. For more details of the scrutiny exercise, click here.

Housing Possession Court Duty Schemes guidance
On 24 September 2020 the Legal Aid Agency published revised guidance on the operation of Housing Possession Court Duty Schemes (HPCDS) because new arrangements are now in place for the resumption of possession work in courts. The LAA has revised the following HPCDS resources:

• provider guidance
• client monitoring form
• reporting spreadsheet.

Amendments have also been made to HPCDS contract terms to accommodate these changes. This includes the removal of the requirement to undertake a proxy means assessment for HPCDS clients.

For the revised guidance and forms, click here. For the amended contract terms, click here.

Legal Aid Agency: Tender opportunity for housing and debt work
On 22 September 2020 the Legal Aid Agency announced that it had opened a tender for the delivery of housing and debt services in 15 procurement areas, closing on 22 October 2020. The areas are: Bury, Calderdale, City of Kingston upon Hull, Dorset, Doncaster, East Riding of Yorkshire, Hartlepool, Leicestershire and Rutland, North Hertfordshire, Shropshire, Somerset, South Tyneside, Warrington & Halton, Wigan and Wirral. There is no limit on the number of contracts that can be awarded in a procurement area. For details, click here.

Legal aid and housing cases: April to June 2020
On 24 September 2020 the Ministry of Justice published legal aid statistics for April to June 2020. The quarter is affected by the stay on possession proceedings introduced on 26 March 2020. In the period, there were 5,345 legally aided housing cases (down 38 per cent on a year ago) costing £4.7 million (down 32 per cent on a year ago). Over 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In April to June 2020 there was a 60 per cent decrease in housing work starts compared to the same quarter the previous year. There were also decreases in completed claims (41 per cent) and decreases in expenditure (27 per cent). For the full statistics, click here.

Right to Buy sales in England: January to June 2020
On 24 September 2020 the MHCLG published official statistics on the number of sales of dwellings under the Right to Buy scheme in England between January and June 2020. In the 2019-20 financial year, local authorities sold an estimated 10,574 dwellings under the Right to Buy scheme, receiving £896.1 million (down 3 per cent on 2018-19). Between April and June 2020:

• Local authorities sold an estimated 1,545 dwellings under the Right to Buy scheme (a decrease of 39 per cent compared to a year ago).
• Local authorities received £139.0 million from Right to Buy sales (34 per cent lower than the same quarter of 2019-20).
• The average receipt per dwelling sold in the quarter was £89,900 (the highest average receipt since recording started in 2012-13 and 8 per cent greater than the same quarter in 2019-20).

For the full statistics, click here. For tables showing sales by individual local authorities, click here.

Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020
These regulations prohibit the use of land as a residential mobile homes site unless the local authority is satisfied that the occupier is a fit and proper person to manage the site; a person appointed by the occupier to manage the site is a fit and proper person to do so; or the local authority have, with the occupier’s consent, appointed a fit and proper person to manage the site. They also make related provision. The regulations come into force on 1 July 2021 except for the enforcement provisions in regs 4,11 to 13 and Schedule 5 which come into force on 1 October 2021. For the regulations, click here.

The Troubled Families programme – England
On 25 September 2020 the House of Commons Library published a briefing paper on the Troubled Families Programme. The programme conducts targeted interventions for families experiencing multiple problems, including crime, anti-social behaviour, truancy, unemployment, mental health problems and domestic abuse. This briefing examines the TFP since 2012, details MHCLG evaluations of the programme and describes recent commentary and potential future directions for the programme. For the briefing, click here.

Private rented sector and criminal landlords
On 2 September 2020 Safer Renting, which supports tenants where their property is subject to local authority enforcement activity, published a report – Journeys in the shadow private rented sector – describing “the experiences of occupants of the bottom end of private renting, forced to live under rogue landlords”. It also collates various property scams being used by the criminal fraternity and provides a record of how criminality works in the PRS, who it affects and the laws that are exploited to make the “business models” work. The report notes: “In the last ten years, London has been a favourable context for the growth of criminality in the PRS: rents are high relative to property quality; market pressures create a tolerance for overcrowding amongst tenants; there is a growing population of economic migrants; cutbacks in enforcement; an unwieldy legal framework; poor support for tenants seeking legal recourse; low penalties for convicted offenders; and growing use of the internet where identities are harder to verify.” For the report, click here.

Housing in Wales: CIH Cymru campaign
On 22 September 2020 CIH Cymru launched its Welsh Parliament manifesto ‘Back Housing 2021’ outlining the policy ideas all political parties in Wales are being asked to include in their commitment to the Welsh public in campaigning towards and beyond the Welsh Parliament election next April. Political parties are being asked to commit to:

• Incorporation into Welsh law of a right to adequate housing
• Futureproofing the housing profession by creating a workforce strategy
• Establish a Green Partnership with the sector
• Support improvements in private renting for both landlords and tenants
• Address stigma associated with social housing and promote the positive impact of diverse communities.

For more details, click here.

Lack of a fixed address and Covid hardship
On 24 September 2020 Citizens Advice reported that seven million people (14 per cent of UK adults) have been unable to receive their post at some point over the last decade. A survey conducted on behalf of the charity also found that just under one in eight (12 per cent) people have been unable to apply for services such as health appointments, welfare, banking, and even jobs, because they lack an address to put on applications. This rises to one in four (24 per cent) with disabled people and just over a quarter (29 per cent) for Black, Asian and minority ethnic people. The charity found that these issues disproportionately affect people in unsafe and precarious living situations: for instance, those who sleep rough or live in temporary accommodation, or those who have their post intercepted by an abuser. For more information, click here.

Confiscation orders against landlords – Waltham Forest
On 25 September 2020 Local Government Lawyer reported that landlords in Walthamstow have been ordered to pay a collective total of £375,000 in fines, costs and confiscation awards after modifying their buy-to-let properties – in order to accommodate more tenants – without planning consent. For the report, click here.

Key lessons for social housing providers to protect tenants: RSH
On 22 September 2020 the Regulator of Social Housing published its eighth annual review of social housing consumer regulation. The report sets out how RSH responded to consumer regulation referrals during 2019-20, including breaches of consumer standards. Although the number of non-compliant providers remains small, the report shows that the number of cases where RSH has found a breach has increased substantially compared to previous years, in part reflecting the increased number of referrals from local authorities. It sets out six key lessons for all providers, including urging housing associations and local authorities to ensure tenants are safe by meeting all health and safety requirements: treating tenants fairly and taking into account their diverse needs; and responding to complaints from all tenants effectively, including shared owners. For the report, click here.

UK House prices: Zoopla report
On 28 September 2020 Zoopla reported that UK house prices continued to climb in August 2020, with the annual growth rate edging up to 2.6 per cent, from 2.5 per cent in July. The average UK house price is now £218,262, according to Zoopla’s latest House Price Index. Richard Donnell, research and insight director at Zoopla, said: “First-time buyer demand is weakening. First-time buyers have been a driving force of housing sales over the last decade. They remain a key buyer group but lower availability of higher loan-to-value mortgages and increased movement by existing homeowners means a shift in the mix of buyers into 2021.” For the report, 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. It will receive its second reading on 1 October 2020. For the bill, as introduced in the House of Lords, click here. To read debates on all stages of the bill, 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 and is scheduled to receive its second reading on 5 February 2021. The bill is being prepared for publication. 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 now take place on 23 October 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 20 July 2020. The Finance Committee considered the bill on 14 September 2020. The Business Committee will report on its scrutiny of the bill by 2 October 2020. 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.

HOUSING LAW CONSULTATIONS

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.

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.

Ombudsman’s consultation on proposed Own Initiative Investigation on Homelessness Assessment and Review Process – Wales
This consultation seeks views on whether the Public Services Ombudsman for Wales should conduct an investigation into the administration of the homelessness assessment and review process by local authorities in Wales and consider what actions and learning from good administrative practice during the pandemic can be taken forward to drive change or wider learning. The closing date for submissions is 30 October 2020. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Housing: restart of possession proceedings Jan Luba QC Legal Action September 2020 ‒ to read the article, click here

A day in the life of a resettlement worker Shelter Blog 22 September 2020 – to read the article, click here

Staying on track? The new arrangements for possession proceedings Mark Prichard Blog 23 September 2020 – to read the article, click here

Sustainable finance – how focusing on ESG can help housing associations gain access to a new form of funding Naomi Roper Trowers & Hamlins 24 September 2020 – to read the article, click here

Ending Women’s Homelessness Fund: Case Study Review Lisa Raftery Homeless Link 25 September 2020 – to read the article, click here

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

HOUSING LAW DIARY

1 October 2020                                     
Second reading in House of Lords of Fire Safety Bill (see Housing Laws in the Pipeline)

2 October 2020                                     
Business Committee of the National assembly of Wales to report on its scrutiny of Renting Homes (Amendment) (Wales) Bill (see Housing Laws in the Pipeline)

6 October 2020                                     
Earliest date for evictions (claimants who have already obtained a warrant following an existing possession order, and allowing 14 days’ notice, and assuming no outstanding application to suspend or stay the warrant).

11 October 2020                                   
Deadline for submission to consultation on Intermediate Homes for London (see Housing Law Consultations)

19 October 2020                                   
First Review Dates (allowing 21 days’ notice); see Overall Arrangements Document issued by the Master of the Rolls (Housing Law Week – 23 September 2020).

23 October 2020                                   
Second reading in the House of Commons of Caravan Sites Bill (see Housing Laws in the Pipeline)

23 October 2020                                              
Second reading in the House of Commons of Mobile Homes Act 1983 (Amendment) Bill (see Housing Laws in the Pipeline)

23 October 2020                                  
Second reading in the House of Commons of Vagrancy (Repeal) Bill (see Housing Laws in the Pipeline)

23 October 2020                                  
Second reading in the House of Commons of Domestic Properties (Minimum Energy Performance) Bill (see Housing Laws in the Pipeline)

30 October 2020                                   
Closing date for submissions to the Public Services Ombudsman for Wales’s consultation on proposed Own Initiative Investigation on Homelessness Assessment and Review Process (see Housing Law Consultations)

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

Housing Delivery Manager

Salary: £34,728 to £38,890 pa subject to Job Evaluation

The new Housing Delivery Manager post has been created to drive housing delivery across the borough of all tenures and to support the new Council Home Programme.
 
The Council is looking for someone with excellent communication skills, experience in housing development or needs assessment, who can develop and maintain effective relationships with internal and external stakeholders.  

Closing date:   5pm Thursday 22 October 2020

Please see attached the advert and JD/PS.

To apply please go to:  https://gybc.engageats.co.uk/.

East Herts Council
Click here for details

Swindon Borough Council
Click here for details

Oxford City Council
Click here for details and scroll

Oxford City Council
Click here for details and scroll

Milton Keynes Council
Click here for details and scroll

London Borough of Hackney
Click here for details

Brighton and Hove City Council
Click here for details

Brighton and Hove City Council
Click here for details

Corby Borough Council
Click here for details and type ‘housing’ in the key words section

Corby Borough Council
Click here for details and type ‘housing’ in the key words section

Harrow Council
Click here for details

London Borough of Hackney
Click here for details

London Borough of Hackney
Click here for details

Royal Borough of Kensington and Chelsea
Click here for details

Royal Borough of Kensington and Chelsea
Click here for details

London Borough of Lewisham
Click here for details