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HOUSING
LAW NEWS & POLICY ISSUES
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Consultation on Housing Legal
Aid launched
On 25 November 2021 the
Ministry of Justice launched a
consultation setting out a new approach
to the delivery of legal aid for housing
possession proceedings. The proposed
changes are intended to improve access
to legal aid for anyone at risk of
losing their home and to provide
holistic advice to individuals most in
need. The consultation will run until 20
January 2021 and follows stakeholder
engagement on how to improve the current
scheme. For more details, see Housing
Law Consultations (below). For
the announcement of the consultation, click
here.
Housing litigation: practice and
procedure
On 29 November 2021 the Courts and
Tribunals Judiciary issued general
guidance on electronic court bundles. It
is intended to ensure a level of
consistency in the provision of
electronic bundles for court hearings
(but not tribunal hearings) in a format
that promotes the efficient preparation
for, and management of, a hearing. For
the guidance, click
here.
Ombudsman issues guidance to
help domestic abuse survivors
On 25 November 2021 the Local Government
and Social Care Ombudsman called on
councils to use its latest report to
examine the services they provide to
victims of domestic abuse. As councils
take on more responsibility under the
new Domestic Abuse Act, the Ombudsman is
urging them to reflect on their own
practices and procedures using the
lessons contained within its report and
identify whether they can improve the
way they work. In the report, the
Ombudsman uses the experiences of a
number of victims whose cases it has
investigated to offer guidance and
insight to councils, and suggest ways in
which those services could have
responded better. Issues highlighted in
the report include councils questioning
victims' lived experiences and
downplaying the impact of the trauma
they have endured, failing to work with
other local services to keep victims
safe, and leaving people at risk for
longer than necessary. For the report, click here
and then click on the link at
the top right side of the page opened.
Domestic abusers to be moved
from the family home
On 27 November 2021 the Guardian
reported on initiatives being pursued by
several local authorities in England to
provide housing for domestic abuse
perpetrators, so enabling their victims
to stay in the family home. Such plans
are a response to calls from charities
and campaigners. The article quotes a
recent report from the Domestic Abuse
Housing Alliance which said that
"without the option to remove and
rehouse a perpetrator, victims,
including children, will continue to
suffer by remaining trapped in abusive
relationships or being forced to flee
their home". For the Guardian
report, click
here.
Domestic abuse: ‘Rampant, hidden
violence’ against Sikh women revealed
by report
On 23 November 2021 Sikh Women's Aid
published a new report highlighting the
'rampant, hidden violence against women
and girls in the Sikh/Panjabi
community'. Of the 674 women who
responded to a survey in the summer of
2021, 70 per cent saw themselves as
survivors of domestic abuse but only 34
per cent had told anyone about it. Child
sexual exploitation or abuse has been
experienced by 35 per cent of those
asked, 87 per cent of it against
females. The data suggest that victims
are more likely to be abused by someone
in their family setting or someone known
to them (38 per cent) rather than by
online exploitation (1.5 per cent).
Sixty-five per cent of respondents say
that their abuse has had a long-lasting
impact on their physical or mental
wellbeing. For the report, click
here.
Housing Ombudsman: Resident left
homeless following domestic violence
On 30 November 2021 the Housing
Ombudsman reported that it had found
cumulative failings by Anchor Hanover in
responding to a resident’s request for a
transfer after experiencing domestic
violence. The resident, who was
suffering from a serious medical
condition, remained at the property
where she experienced further domestic
violence before being left homeless for
five months. The episode resulted in a
finding of severe maladministration by
the Housing Ombudsman. For the report
and a case summary, click
here.
Councils and ALMOs
On 24 November 2021 the National
Federation of ALMOs published a review
by it and CWAG of the arms-length
council housing management model which
concluded that it is well-placed to meet
the post-Grenfell demands that
regulators will place on local
authorities with housing stock. Based on
a year-long examination of council-ALMO
structures and relationships, it echoes
the RSH’s urging that landlords should
not wait for legislation and should
examine their housing management
systems, governance and tenant
engagement now to make ready for the
coming changes. For the review, click
here.
Homes First and Help to Build
On 26 November 2021 the DLUHC
announced that keyworkers in Derbyshire
are among the first to move into
discounted homes through the
government’s First Homes scheme. 1,500
First Homes are to be built across the
country and sold at a discount of 30 per
cent of the market price. The DLUHC also
announced the launch of the prospectus
for a £150 million Help to Build scheme
which is intended to make it easier and
more affordable for people to build
their own home. Both schemes are part of
the government’s plan to help first-time
buyers, young people and families on to
the housing ladder. For more details, click
here.
Housing market: Key economic
indicators
On 29 November 2021 the House of Commons
Library published a briefing comprising
data on house prices, mortgage approvals
and house-building. For the briefing, click
here.
Domestic smoke and carbon
monoxide alarms
On 23 November 2021 the DLUHC
announced new rules that will require
housing providers to install smoke
alarms in all social housing, and fit
carbon monoxide alarms in social and
private rented properties with fixed
appliances such as gas boilers or fires.
The regulation changes will also
require:
- Carbon monoxide alarms to be fitted
when new appliances such as gas
boilers or fires are installed in any
home;
- Landlords and housing providers in
social and private rented sectors to
repair or replace smoke and carbon
monoxide alarms once they are told
they are faulty.
The changes will be brought forward
through the Smoke and Carbon Monoxide
Alarm (England) Regulations 2015 and the
statutory guidance (Approved Document J)
supporting Part J of the Building
Regulations, following a consultation.
For the announcement, click
here. For the
government’s response to the
consultation exercise, click
here.
Housing supply: net additional
dwellings – England: 2020 to 2021
On 25 November 2021 the DLUHC
published statistics on net additional
dwellings in England up to 2020-21. The
key points are:
- Annual housing supply in England
amounted to 216,490 net additional
dwellings in 2020-21, down 11 per cent
on 2019-20.
- The 216,490 net additions in 2020-21
resulted from 194,060 new build homes,
23,790 gains from change of use
between non-domestic and residential,
3,870 from conversions between houses
and flats and 530 other gains
(caravans, house boats etc.), offset
by 5,760 demolitions.
- 10,603 of the net additions from
change of use were through 'permitted
development rights' (full planning
permission not required). These
comprised 8,768 additional dwellings
from former offices, 835 from
agricultural buildings, 167 from
storage buildings, 61 from light
industrial buildings and 772 from
other non-domestic buildings.
- 697 of the net additions from new
build homes were through 'permitted
development rights' (full planning
permission not required).
- The loss of 25 dwellings from
demolitions were through 'permitted
development rights' (full planning
permission not required).
For the full statistics, click
here. For tables on
housing supply organised by various
criteria, including local authority
district, click
here. For tables on
dwelling stock (including vacants), click
here.
Rural housing statistics
On 25 November 2021 the Department for
Environment, Food & Rural Affairs
published statistics on net additions to
housing in rural areas. The key points
are:
- For 2019/20, in Predominantly Rural
areas there were 63,700 net new
dwellings, which is 12.2 per 1,000
households. While in Predominantly
Urban areas there were 153,600 net new
dwellings, which is 9.8 per 1,000
households.
- New-build dwelling completions
accounted for 91 per cent of such net
additions to the housing stock in
Predominantly Rural areas in 2019/20,
compared with 86 per cent in
Predominantly Urban areas. A further 8
per cent of such net additions came
from change of use of buildings in
Predominantly Rural areas, compared
with 12 per cent of such net additions
in Predominantly Urban areas.
- New-build dwelling completions per
households in Predominantly Rural
areas are higher than in Predominantly
Urban areas. In 2019/20 there were
11.2 new-build dwelling completions
per 1,000 households in Predominantly
Rural areas, compared with 8.4 in
Predominantly Urban areas.
- In 2019/20, the net number of
dwellings arising from change of use
in Predominantly Rural areas was 1.0
per 1,000 households and in
Predominantly Urban areas it was 1.2
per 1,000 households.
For the full statistics, click
here.
Rural homelessness
On 25 November 2021 Homeless Link
reported that a rural housing task
force, chaired by the charity English
Rural, has commissioned a 12-month
research collaboration between academics
at Kent and Southampton Universities to
address the lack of evidence concerning
homelessness in rural communities.
Homeless Link sits on the steering group
for the task force which includes
leading national, rural charities and
housing providers. Working
collaboratively, the group have pooled
resources to develop and fund the
research, designed to secure evidence
showing the extent of the rural housing
crisis and what interventions will help
tackle the problem. For more
information, click
here.
Vagrancy Act
On 24 November 2021 the
Government refused to support a
cross-party effort in the House of Lords
to introduce amendments to the Police,
Crime, Sentencing and Courts Bill that
would have had the effect of repealing
the Vagrancy Act. For comment by Crisis,
click
here. For the Hansard
record of the debate, click
here.
Supported exempt accommodation –
England
On 28 November 2021 the House
of Commons Library published an overview
of the regulation of supported exempt
accommodation and calls for increased
oversight, improved funding, and better
standards of support provision. The
sector houses more marginalised groups
with support needs, such as recent
prison leavers; care leavers; those
fleeing domestic violence; and homeless
people with substance dependence or
mental health issues. For the overview,
click
here.
Households in temporary
accommodation – England
On 23 November 2021 the House of Commons
Library published a paper providing data
on homeless households in temporary
accommodation in England and outlining
initiatives and issues associated with
the use of temporary accommodation. For
the paper, click
here.
Welsh Government’s response to
pandemic homelessness
On 24 November 2021 Crisis reported that
the Welsh Government homelessness
response to the pandemic has been widely
praised by local authorities. New
research, contained in Homelessness
Monitor Wales 2021, shows that 21 of
Wales’ 22 councils say the ongoing
provision of self-contained emergency
accommodation has been important in
preventing or minimising homelessness.
For more details, click
here.
People with No Recourse to
Public Funds
On 30 November 2021 Citizens
Advice reported the results of a study
which has revealed that:
- 81 per cent of people with No
Recourse to Public Funds attached to
their visa are behind on at least one
essential bill, with rent, utilities
and council tax the most common bills
missed.
- Almost half (48 per cent) report
living in overcrowded accommodation
and one in five (18 per cent) have
experienced homelessness or housing
insecurity.
- 84 per cent are currently working or
studying in the UK, but are shut out
from much of the benefits system when
they need it.
- Almost a quarter of a million key
workers have No Recourse to Public
Funds.
For more details, click
here. For an article
about the experiences of homelessness
support for people with No Recourse to
Public Funds, click
here.
Homelessness – London
On 26 November 2021 the Mayor of London,
Sadiq Khan, activated the pan-London
Severe Weather Emergency Protocols
(SWEP) for the first time this winter to
protect homeless people as temperatures
were forecast to fall below 0°C the
following weekend. The activation of
SWEP compels councils across London
(alongside homelessness charities) to
open emergency accommodation for people
who are sleeping rough during weather
conditions that could pose a threat to
life. For more details, click
here.
Private renting: demand at
‘all-time high’
On 26 November 2021 the National
Residential Landlords Association
reported that, according to new research
by the Association, demand for private
rental housing is at an all-time high. A
survey of private landlords across
England and Wales, conducted in
partnership with the research
consultancy BVA/BDRC, found that 57 per
cent confirmed that demand for homes to
rent had increased in the third quarter
of 2021 – up from 39 per cent in the
second quarter of the year. For the
report, click
here.
Regulator of Social Housing:
quarterly survey results published for
June to September 2021
On 25 November 2021 the Regulator of
Social Housing published the results of
its latest quarterly survey of
registered providers’ financial health
showing that the social housing sector
continues to recover from the pandemic.
The sector’s total agreed borrowing
facilities increased by £1.8 billion, to
reach £115.3 billion at the end of
September. New finance of £2.9 billion
was agreed in the quarter with 71 per
cent of this from capital markets. There
was further refinancing activity in the
quarter due to the expiry of the Covid
Corporate Financing Facilities. For more
details, click
here.
Shelter: More than 1,000 people
a day call emergency helpline
On 30 November 2021 Shelter reported
that since the Covid restrictions began
to lift in June 2021, more than 1,000
callers a day have contacted Shelter’s
emergency helpline in England. The
charity’s free helpline, which is part
funded by M&S Food, has been
inundated with more than 60,000 people
ringing in need of urgent support and
advice between June and October 2021. Of
those calling 70 per cent were already
homeless or at risk of homelessness. One
in four callers (24 per cent) needed
urgent help to find temporary
accommodation and more than one in four
(26 per cent) needed help to try and
keep hold of their current home. For the
report, click
here.
Mortgage Prisoner Review
On 29 November 2021 HM Treasury
published the Financial Conduct
Authority's review of data on mortgage
prisoners. There are 47,000 mortgage
prisoners who are unable to switch to a
new mortgage deal, despite being up to
date with payments, and who could
benefit from switching if they met
lender ‘risk appetite’. The reasons that
mortgage prisoners are unable to switch
are complex. The Financial Conduct
Authority’s review provides key insight
into this and the Government will now
use the findings of the review to
determine whether there are any further
practical and proportionate solutions
that can be found for affected
borrowers. For the Review, click
here.
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HOUSING
LAWS IN THE PIPELINE
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Caravan Site Licensing
(Exemptions of Motor Homes) Bill
This Private Members’ Bill, sponsored by
Sir Christopher Chope, would exempt
motor homes from caravan site licensing
requirements. It was presented to
Parliament on 21 June 2021 and is due to
receive its postponed second reading on
3 December 2021.The
Bill awaits 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. It was presented to
Parliament on 21 June 2021 and its
second reading has been further
postponed to 3 December 2021.The
Bill awaits publication. To follow
progress of the Bill, click
here.
Leasehold Reform (Ground
Rent) Bill
This Government Bill would make
provision about the rent payable under
long leases of dwellings. The Bill
completed its House of Lords stages on
14 September 2021 and was presented to
the House of Commons on 15 September
2021. The Bill is received its second
reading debate on 29 November 2021. For
the second reading debate, click
here. For the Bill as
brought from the House of Lords, click
here. For a House of
Commons Library briefing concerning the
Bill, published on 25 November 2021, click
here. To follow
progress of the Bill, click
here.
Building Safety Bill
This Government Bill would make
provision about the safety of people in
or about buildings and the standard of
buildings, to amend the Architects Act
1997, and to amend provision about
complaints made to a housing ombudsman.
The Bill was given its first reading on
5 July 2021 and its second reading on 21
July 2021. The Public Bill Committee
completed its scrutiny on 26 October
2021. The Bill is now due to have its
report stage and third reading on a date
to be announced. For the Bill as amended
in Committee, click
here. For the
Government response to the Housing,
Communities and Local Government
Committee's pre-legislative scrutiny of
the Bill, click
here. For a House of
Commons Library briefing about the Bill,
published on 16 July 2021, click
here. To follow
progress of the Bill, click
here.
Fire and Building Safety
(Public Inquiry) Bill
This Bill, sponsored by Daisy Cooper,
would establish an independent public
inquiry into the Government’s response
to concerns about fire and building
safety. It was introduced to Parliament
on Tuesday 6 July 2021 under the Ten
Minute Rule. Second reading has been
rescheduled to 18 March 2022.
For the Bill, as introduced, click
here.
Evictions (Universal Credit)
Bill
This Private Members’ Bill, sponsored by
Chris Stephens, would place a duty on
the Secretary of State to prevent the
evictions of Universal Credit claimants
in rent arrears. It was presented to
Parliament on 21 June 2021 and will
receive its second reading on 28
January 2022.The Bill awaits
publication. To follow progress of the
Bill, click
here.
Housing Standards (Refugees
and Asylum Seekers) Bill
This Private Members’ Bill, sponsored by
Chris Stephens, would make provision for
national minimum standards in
accommodation offered to refugees and
asylum seekers. It was presented to
Parliament on 21 June 2021 and will
receive its second reading on 21
January 2022.The Bill awaits
publication. To follow progress of the
Bill, click
here.
Under-Occupancy Penalty
(Report) Bill
This Private Members’ Bill, sponsored by
Chris Stephens, would require the
Secretary of State to report to
Parliament on the merits of repealing
those provisions of the Welfare Reform
Act 2012 which provide for persons to be
paid reduced rates of housing benefit or
Universal Credit because their
accommodation is deemed to be
under-occupied. It was presented to
Parliament on 21 June 2021 and will
receive its second reading on 14
January 2022.The Bill awaits
publication. 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 establish asylum
seeker accommodation eviction procedures
for public authorities. It was presented
to Parliament on 21 June 2021 and will
receive its second reading on 3
December 2021.The Bill awaits
publication. To follow progress of the
Bill, click
here.
Caravan Sites Bill
This Private Members’ Bill, sponsored by
Sir Christopher Chope, would amend the
requirements for caravan site licence
applications made under the Caravan
Sites and Control of Development Act
1960. It was presented to Parliament on
21 June 2021 and its second reading has
been further postponed to 3
December 2021.The Bill awaits
publication. To follow progress of the
Bill, click
here.
Mobile Homes Act 1983
(Amendment) Bill
This Private Members’ Bill, sponsored by
Sir Christopher Chope, would amend the
Mobile Homes Act 1983. It was presented
to Parliament on 21 June 2021 and will
receive its second reading on 28
January 2022. The Bill awaits
publication. To follow progress of the
Bill, click
here.
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Hajjaj v City of
Westminster; Akhter v London Borough
of Waltham Forest [2021]
EWCA Civ 1688
This matter concerned two appeals by Mr
Hajjaj and Ms Akhter. The Claimants had
applied to their local authority to
obtain housing assistance. The local
authorities in each case had accepted
that the Claimants were homeless and
eligible for assistance, therefore the
Claimants were entitled to the housing
duty pursuant to section 193 of the
Housing Act 1996.
The local authorities offered the
Claimants private accommodation outside
their respective districts. Those offers
were refused. As the Claimants refused
the offers of accommodation which wre
deemed suitable, the local authorities
considered that the duty pursuant to
section 193(2) of the Housing Act 1996
had concluded.
The court had to determine the
circumstances in which accommodation
should be regarded as not “suitable” to
be a valid private rented sector offer
within s.193(7F) of the Housing Act
1996.
Mr Hajjaj argued that there was no
evidence that the criteria set out in
Article 3 of the Homelessness
(Suitability of Accommodation) (England)
Order 2021 had been deemed not
applicable, prior to offering him the
accommodation.
Ms Akhter argued that the property was
not suitable for her due to a range of
existing defects, which would be
detrimental to her mental health and her
daughter’s asthma. Ms Akhter further
argued that the Defendant had failed to
publish a policy for the procurement of
private sector property in which to
place homeless applicants.
Relevant Law
The Housing Act 1996, s. 208 states:
‘so far as reasonably practicable a
local housing authority shall in
discharging their housing functions
under this Part secure that
accommodation is available for the
occupation of the applicant in their
district.’
Article 3 Homelessness (Suitability of
Accommodation) (England) Order 2012
contains a list of 10 factors which, if
one or more are present, would render
accommodation unsuitable.
Judgment
In Mr Hajjaj’s case, the local authority
assumed that since the accommodation was
owned by landlords whom they regarded as
reputable, the property would be
suitable for him. The local authority
did not have further information
regarding the physical condition of the
property and there was no evidence that
the property had been inspected prior to
providing the offer.
In contrast, in Ms Akhter’s case, the
local authority had inspected the
property and found that save for some
minor snagging issues, it was fit for
habitation the following week.
Accordingly, the decision to offer the
property was not a decision based upon
assumptions.
Bean LJ found that on the facts the
difference between the two appeals was
very striking, the local authority in Mr
Hajjaj’s case did not have available to
it information of the kind that the
local authority had in Ms Akher’s case,
such as fire safety precautions or an
energy protection certificate. A local
authority must be satisfied that none of
the 10 bars to Article 3 suitability
applies. This must be based on evidence
and it must not be based upon
assumptions, however satisfactory
hearsay evidence may be adequate for
this task.
Bean LJ found that if local housing
authorities do not have requisite
evidence and do not have the property
inspected as the statutory Code of
Guidance advises they should, there is a
serious risk that the mischief
identified in the Explanatory Memorandum
to the 2012 Order will not be cured.
Bean LJ did not accept that his judgment
represented a judicialisation of housing
allocation policy. The reliance on
assumptions in Mr Hajjaj’s case was such
a departure from what the Act and the
2012 Order require, that the decision
was quashed and the appeal was
successful.
In Ms Akhter’s appeal, due to the
distinguishing circumstances between her
appeal and Mr Hajjaj’s case outlined
above, her appeal was dismissed.
Summary by Abigail
Cheetham ,barrister, Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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Housing Legal Aid: the way forward
The Ministry of Justice is
consulting on a proposed new model for the
delivery of housing possession legal aid.
This aims to ensure the sustainability of
the service and to improve the breadth and
quality of advice available for
individuals facing the loss of their home.
The key proposals in this consultation
are:
- remodelling the delivery of the
Housing Possession Court Duty Scheme
(HPCDS) to become a new Housing Loss
Prevention Advice Service (HLPAS),
incorporating both the existing
service of advice and representation
at court but also early legal advice
before court;
- expanding the scope of legal aid so
that HLPAS providers can offer early
legal advice on social welfare law
matters to individuals facing
procession proceedings;
- contracts for individual courts
rather than larger geographical areas;
- allowing providers to claim for the
court duty fee in addition to a Legal
Help fee for follow on work; and
- introducing a set attendance fee for
all schemes, replacing the existing
nil session payment.
The consultation closes on 20
January 2022. For the
consultation document, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Experiences of homelessness
support for people with No Recourse
to Public Funds Homeless
Link 23 November 2021 – to read
the article, click
here
International Day for the
Elimination of VAWG: Links between
domestic abuse and housing Steph
Kleynhans Shelter Blog 25
November 2021 – to read the article, click
here
Delivering for Women:
Learning from the Ending Women’s
Homelessness FundTessa
Horvath and Lisa Young Homeless
Link 25 November 2021 – to read
the article, click
here
16 days of activism against
gender-based abuse Alexandra
Gibson CIH Blog 25 November
2021 – to read the article, click
here
Climate change and housing –
ensuring we tackle climate equitably
Alastair Harper Shelter Blog
29 November 2021 – to read the article,
click
here
Housing: recent developments
(November 21) Jan Luba
QC and Sam Madge-Wyld Legal Action
– to read the article (subscription
required), click
here
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3rd December 2021
Postponed second reading in the
House of Commons of the Caravan Site
Licensing (Exemptions of Motor Homes)
Bill (see Housing Laws in the
Pipeline)
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3rd December 2021
Postponed second reading in the
House of Commons of the Homeless People
(Current Accounts) Bill (see Housing
Laws in the Pipeline)
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3rd December 2021
Postponed second reading
in the House of Commons of the
Caravan Sites Bill (see Housing
Laws in the Pipeline)
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3rd December
2021
Second reading in
the House of Commons of
the Asylum Seekers
(Accommodation Eviction
Procedures) Bill (see
Housing Laws in the
Pipeline)
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