3rd March 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

Rough sleeping snapshot in England: autumn 2020
On 25 February 2021 the MHCLG published its annual single night snapshot of the number of people sleeping rough in local authorities across England. This year’s snapshot coincided with a national lockdown throughout November and the tier restrictions in October. This is likely to have impacted people’s risk of rough sleeping and should be noted when comparing this year’s figures with previous years. The snapshot found:

  • The number of people estimated to be sleeping rough on a single night in autumn has fallen for the third year in a row from its peak in 2017 but remains higher than 2010 when the snapshot approach was introduced.
  • There were 2,688 people estimated to be sleeping rough on a single night in autumn 2020. This is down by 1,578 people or 37 per cent from last year and down 43 per cent from the peak in 2017 but is up by 920 people or 52 per cent since 2010.
  • Nearly half (44 per cent) of all people sleeping rough on a single night in autumn are in London and the South East. The largest decrease in the number of people estimated to be sleeping rough was in the South East, where there were 474 people this year compared to 900 people last year.
  • The number of people estimated to be sleeping rough in London has decreased for the last two years, and the decrease between 2019 and 2020 is the largest in London since the series began in 2010. There were 714 people estimated to be sleeping rough in London on a single night in autumn 2020. This is down by 422 people or 37 per cent from last year. The North East of England was the only region where there was a very small increase in the number of people sleeping rough. All other regions decreased.
  • Most people sleeping rough in England are male, aged over 26 years old and from the UK. This is similar to previous years.

For the full figures, click here. For comment by the Local Government Association, click here. For the response of Crisis, click here; and for that of Homeless Link, click here.

Rough sleeping and the Vagrancy Act: Commons debate
On 25 February 2021 the House of Commons held a debate on rough sleeping. During the course of the debate, the Housing Secretary, Robert Jenrick, responding to an intervention by Nickie Aiken, said:

“It is my opinion that the Vagrancy Act should be repealed. It is an antiquated piece of legislation whose time has been and gone. We should consider carefully whether better, more modern legislation could be introduced to preserve some aspects of it, but the Act itself, I think, should be consigned to history.”

For the Hansard record of the debate, click here.

‘Eviction orders being issued despite UK government Covid pledge’: Guardian
On 28 February 2021 the Guardian reported that eviction orders are being issued to tenants in rent arrears because of the pandemic despite a promise by the Housing Secretary, Robert Jenrick, that “no renter who has lost income due to coronavirus will be forced out of their home”. The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021, which generally extended the ban on evictions, amended the exemption from the provision for ‘substantial rent arrears’ from nine months’ rent arrears prior to the pandemic to six months’ rent arrears. For the article, click here.

The Homelessness Monitor: England 2021
On 1 March 2021 Crisis published the Homelessness Monitor: England 2021 which found that thanks to temporary protective measures (especially income protection programmes and eviction moratoria), the Covid-19 pandemic triggered no immediate overall increase in homelessness applications. The number judged as threatened with homelessness between April-June 2020 fell 35 per cent on the previous quarter. Temporary accommodation placements surged, however, particularly of single homeless people, as a result of the emergency measures to protect people at risk of rough sleeping (‘Everyone In’) during the pandemic. Local authorities agreed as to the combined impact that key policies such as raising the Local Housing Allowance (LHA) and suspending evictions have had in preventing homelessness during the pandemic. Despite this progress, the pandemic has further exposed England’s severe shortage of affordable homes. Access to long-term housing was the capacity challenge most widely seen as having been posed (or emphasised) by the pandemic by local authorities. For the report, click here.

Cladding remediation proposals
On 1 March 2021 the Commons Housing, Communities and Local Government Committee held a session examining the likely impact of the Government’s measures to support the removal of unsafe cladding from residential buildings. The Committee sought to gain the perspectives of a range of stakeholders, including homeowners, building managers, housebuilders and local authorities. To watch the session, click here.

Domestic Abuse Bill
On 1 March 2021 the Government announced that it would present a raft of new amendments to the Domestic Abuse Bill, providing greater protections for victims. The proposals include making non-fatal strangulation a specific criminal offence, punishable by up to five years in prison. The act typically involves an abuser strangling or intentionally affecting their victim’s breathing in an attempt to control or intimidate them. The announcement follows concerns that perpetrators were avoiding punishment as the practice can often leave no visible injury, making it harder to prosecute under existing offences. The Government will also strengthen legislation around controlling or coercive behaviour, no longer making it a requirement for abusers and victims to live together. For the announcement, click here. For the bill in its current form, click here.

Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Amendment) Regulations 2021
These Regulations, which come into force on 1 April 2021, amend the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to include new rates of housing benefit for those not subject to the transitional protection associated with the removal of the savings credit uplift (the uplift). The savings credit element of state pension credit was abolished for people reaching state pension age from 6 April 2016 when the new state pension was introduced, but it was decided to retain the higher personal allowances in housing benefit for a further five years. Where an individual person, both members of a couple, or all members of a marriage attain pensionable age on or after 1 April 2021, they will not receive the uplift. Where one or more members of a household attained pensionable age before 1 April 2021, the benefit unit will continue to receive the uplift.

Regulation 2(2) amends the 2006 Regulations so that the uplift is maintained for those who are already receiving it. Regulation 2(3) describes the categories of those who will not receive the uplift going forward and sets out the amount of housing benefit they will receive instead. For the 2021 Regulations, click here. For the 2006 Regulations, click here.

Mobilising Housing First toolkit
On 25 February 2021 the MHCLG published the Mobilising Housing First toolkit which provides information for those looking to implement Housing First at a regional or local level. It includes examples of good practice in the pilot areas to help other services design and deliver Housing First. For the toolkit, click here.

Social Housing Sales: April 2019 to March 2020 – England
On 23 February 2021 the MHCLG published statistics on the number of sales of existing social housing stock in England for 2019 to 2020. They show:

  • In 2019-20, there were 24,120 sales of social housing dwellings, a 1.7 per cent increase compared to 2018-19 (23,710).
  • Local authorities were responsible for 44 per cent of social housing sales in 2019-20, a proportion that has been dropping since 2017-18.
  • In 2019-20, there were 4,676 demolitions of social housing stock held by local authorities and private registered providers. There has been a general decrease in number of demolitions since 2001-02.
  • There were 10,569 sales by local authorities under Right to Buy, and 4,689 sales by private registered providers under Preserved and Voluntary Right to Buy.
  • Sales under all Right to Buy schemes constituted 63 per cent of all social housing sales in 2019-20, and this is consistent with recent years (62 per cent in 2018-19, 65 per cent in 2017-18).
  • In 2019-20, local authority Right to Buy sales had an average discount of 43 per cent of the selling price, 16 percentage points higher than in 2011-12 (pre-reinvigoration).
  • Private registered provider Right to Buy sales had an average discount of 51 per cent of the selling price, 20 percentage points higher than in 2011-12 (pre-reinvigoration).

For the full statistics, click here. For tables on the sales of social housing stock, organised by various criteria, click here.

Tackling loneliness
On 22 February 2021 the House of Commons Library published a briefing paper concerning the Government's Loneliness Strategy which was published in October 2018. The Strategy set out a wide variety of cross-departmental measures that the Government would take to provide 'national leadership' to tackle loneliness in England. As well as explaining the Strategy and the steps taken so far by the Government, the briefing also looks at research into the causes and impact of loneliness and possible interventions. The impact of the Covid-19 pandemic on loneliness is also considered, alongside the measures introduced by the Government in response. Finally, the paper briefly outlines the situation in Wales, Scotland and Northern Ireland. For the briefing, click here.

Registered provider social housing stock and rents 2019 to 2020 – England
On 23 February 2021 the Regulator for Social Housing published details of the stock owned by registered providers of social housing in England on 31 March 2020. The key facts are:

  • There are 4.4m units of social stock owned by registered providers (RPs). Private registered providers (PRPs) own 2.8m units compared to 1.6m units owned by local authority registered providers (LARPs).
  • 84 per cent of social stock is general needs. Most social stock owned by RPs is general needs low cost rental (including Affordable Rent) (84 per cent or 3.66 million units). Proportionally more LARP owned stock is general needs (93 per cent) than PRP owned stock (78 per cent).
  • There has been a 0.3 per cent increase in overall low cost rental stock since 2019. This has been driven by the 28,218 unit increase in Affordable Rent units (which offsets the 15,647 reduction in social rent units).
  • There has been a near 4 per cent reduction in average rents since 2016. LARPs and PRPs both report average net rent falls of nearly 4 per cent for their general needs social rent stock.

For the release, click here. For comment by the Regulator, click here.

Private renting and energy efficiency
On 25 February 2021 Generation Rent reported research from the Generation Rent Renters' Panel which found that two-thirds of private renters need much stronger energy efficiency standards if they are to enjoy warmer homes that are affordable to heat and free of damp and mould. For the research, which has identified barriers to better insulated homes, click here. For comment by the National Residential Landlords Association on the issue of energy efficiency in privately rented properties, click here.

Housing Ombudsman: elderly resident had no heating or hot water for almost three years
On 24 February 2021 the Housing Ombudsman reported that it had found severe maladministration by Woking Borough Council in a case where an elderly resident had no heating or hot water for almost three years. The Ombudsman found several missed opportunities by the landlord to try to resolve the matter and limited action to check the resident’s welfare. The annual gas checks were in line with the landlord’s obligations, but it was not appropriate to comply with these alone. The landlord was ordered to pay the resident £6,000 compensation. For the report, click here.

Hundreds of letting agents face fines in London-wide enforcement operation
On 22 February 2021 London Trading Standards reported that hundreds of letting agents are being issued with fines of up to £30,000 by council trading standards officers in a London-wide enforcement operation aiming to crack down on rogue elements within the renting sector. The fines relate to failures by the letting agents to register with an approved Client Money Protection scheme to ensure that tenant and/or landlord money is protected should the business fail. For the report, click here.
HOUSING LAWS IN THE PIPELINE
 

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 Bill was agreed by the Senedd on 23 February 2021. The Bill is now in the four week period (24 February – 23 March 2021) during which, the Counsel General or the Attorney General may refer the question whether the Bill, or any provision of the Bill, would be within the Assembly’s legislative competence to the Supreme Court for decision (section 112 of the Government of Wales Act). Similarly, the Secretary of State for Wales may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent. For impact assessments, click here. For the bill as amended at Stage 3, all other documents relating to it, and to follow progress on 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 was on 28 January 2021. The House of Lords have returned the Bill to the House of Commons with amendments. The House of Commons considered the Lords Amendments on the floor of the House on 24 February 2021 and disagreed to them with reasons. The Bill will be returned to the House of Lords for further consideration. For the bill, as amended by the 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.

Fire Safety Bill
This Government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill completed its final stages in the House of Commons on 7 September 2020. It received its first reading in the House of Lords on 8 September 2020 and its second reading on 1 October 2020. The committee stage was completed on 29 October 2020. The report stage took place on 17 November 2020. The third reading took place on 24 November 2020. The House of Lords have returned the Bill to the House of Commons with amendments. The House of Commons considered the Lords Amendments on the floor of the House on 24 February 2021 and disagreed with reasons. The Bill will return to the House of Lords for further consideration. For the bill, as amended on report, click here. To read debates on all stages of the bill, click here. For a briefing note prepared by the Local Government Association on second reading in the House of Lords, click here. To follow progress of the bill, click here.

Supported Accommodation Bill
This private member’s bill, sponsored by Steve McCabe, would require developers to disclose for planning purposes an intention to use a building for supported housing or other accommodation that is specified for the purposes of Universal Credit and Housing Benefit; establish a suitability test for accommodation proposed for such use; and make provision about the fitness of persons to be landlords or managers of supported or other specified accommodation. The bill had its first reading on 18 November 2020 and is due to have its second reading on a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Supported Housing (Regulation) Bill
This private member's bill, sponsored by Kerry McCarthy, would regulate supported housing; make provision about local authority oversight and the enforcement of standards of accommodation and support in supported housing; and prohibit the placing of children in care in unregulated accommodation. It received its first reading on 11 November 2020. The second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Domestic Properties (Minimum Energy Performance) Bill
This private member’s bill, sponsored by Sir David Amess, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to give the Secretary of State powers to require persons to take action in pursuance of that duty. The first reading was on 14 July 2020 and the second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Sublet Property (Offences) Bill
This private members’ bill, sponsored by Sir Christopher Chope, would make the breach of certain rules relating to sub-letting rented accommodation a criminal offence and would make provision for criminal sanctions in respect of unauthorised sub-letting. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been yet further postponed to a date to be announced. To follow progress of the bill, click here.

Mobile Homes and Park Homes Bill
This private members’ bill, sponsored by Sir Christopher Chope, would require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; make provision in relation to the residential status of such homes; and amend the Mobile Home Acts. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to a date to be announced. To follow progress of the bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend the Mobile Homes Act 1983. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to a date to be announced. For the bill as introduced, click here. To follow progress of the bill, click here.

Houses in Multiple Occupation Bill
This private member’s bill, sponsored by Ian Levy, would amend the law relating to the licensing of houses in multiple occupation and increase penalties for the contravention of such licences. The bill received its first reading on 9 September 2020. The second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Homeless People (Current Accounts) Bill
This private members’ bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

Caravan Sites Bill
This private members’ bill, sponsored by Sir Christopher Chope, would amend the Caravan Sites and Control of Development Act 1960 to remove planning permission requirements for caravan site licence applicants. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. For the bill as introduced, click here. To follow progress of the bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This private members’ bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal and would establish asylum seeker accommodation eviction procedures for public authorities. The first reading was on 10 February 2020. The second reading has been postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Vagrancy (Repeal) Bill
This private members’ bill, sponsored by Layla Moran, would repeal the Vagrancy Act 1824. It received its first reading in the House of Commons on 18 March 2020. The second reading has been further postponed to 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.

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.

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 a date to be announced. 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 a date to be announced. To follow progress of the bill, click here.

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NEW HOUSING CASES
 

Ficcara & Ors v James (HOUSING – RENT REPAYMENT ORDER) [2021] UKUT 38 (LC) (20 February 2021)

This appeal centred on the question of whether tenants can obtain more than one rent repayment order under Chapter 4 of Part 2, Housing and Planning Act 2016 in circumstances where a landlord has committed several offences under Chapter 4 of the 2016 Act. 

At first instance, the First-tier Tribunal (Property Chamber) (FFT) was satisfied that the landlord had committed three separate offences but made only one rent repayment order in favour of each of the four former tenants. The Upper Tribunal upheld this decision concluding that 12 months’ rent is the maximum which a landlord can be ordered to repay on an application under s.41, irrespective of the number, timing or duration of the offences committed.  

The Law
The issue raised in this appeal was principally the interpretation of sections 40, 43 and 44 Housing and Planning Act 2016.

Section 40(1) states: 

“(1) This Chapter confers power on the First-tier Tribunal to make a rent repayment order where a landlord has committed an offence to which this Chapter applies.”

The seven offences to which Chapter 4 applies are identified in section 40(3); in short, relating to violence or harassment, failure to comply with an improvement notice or a prohibition order, or being on control or management of an unlicensed HMO or house and breach of a banning order contrary to section 21 of the 2016 Act.  

Section 40(2) outlines:

“A rent repayment order is an order requiring the landlord under a tenancy of housing in England to—

(a) repay an amount of rent paid by a tenant, or

(b) pay a local housing authority an amount in respect of a relevant award of universal credit paid (to any person) in respect of rent under the tenancy.”

Where the FTT decides to make a rent repayment order, section 44 outlines the framework for determining that amount. Section 44(3) imposes a cap in any award, as follows:

“The amount that the landlord may be required to repay in respect of a period must not exceed— 

(a)  the rent paid in respect of that period, less 

(b)  any relevant award of universal credit paid (to any person) in respect of rent under the tenancy during that period.” 

Section 44(4) also outlines factors to be taken into account in determining the amount to be repaid, in particular the conduct of the landlord and the tenant, the financial circumstances of the landlord, and whether the landlord has at any time been convicted of an offence to which Chapter 4 applies.

The Facts
The property, 28 Malden Crescent, is a three-bedroomed former council flat in Camden. The appellant landlord was the registered proprietor of the long lease of the flat, and provided four tenancy agreements to the respondent tenants in July and August 2018. On 12th November 2019, each of the four former tenants applied to the FTT for a rent repayment order under s.41 HPA 2016, alleging that the landlord had committed three offences to which Chapter 4 of the 2016 Act applied, namely:

  • Contrary to s.72(1), Housing Act 2004, the landlord had control/ was the person managing a house in multiple occupation which was required to be licensed but was not licensed,
  • Contrary to s.1(3) and 1(3A), Protection from Eviction Act 1977, the landlord had done acts likely to interfere with the peace or comfort of the tenants with intent to cause them to give up the occupation of the flat or to refrain from exercising rights or pursuing remedies in respect of it, and
  • Contrary to s.1(2) of the 1977 Act, the landlord had unlawfully deprived the tenants of their occupation of the flat without reasonable cause to believe that they had ceased to reside there.

Decision of the FTT
The FTT was satisfied beyond a reasonable doubt that the appellant had committed the three relevant offences and by virtue of s.42(1) it had the power to make rent repayment orders in favour of each of the tenants. The FTT however rejected the argument that there should be separate rent repayment orders for each of the three offences, determining that the Tribunal only had the power to award one rent repayment order per tenant regardless of the number of offences committed. The fact that multiple offences had been committed was a factor that could be taken into account as relevant conduct on the part of the landlord when determining the amount to be repaid under section 44(4) but the total amount ordered could not exceed 12 months’ rent.

Decision of the Upper Tribunal
The Upper Tribunal agreed with the FTT and considered that the proper interpretation of s. 44(3) is that the amount repayable in respect of a single period may not exceed the rent paid during that period, no matter how many offences are committed. The Upper Tribunal outlined that very clear guidance is provided by s.44 as to the amount which may be ordered to be repaid under a rent repayment order and it is significant the limit imposed by s.44(3) is expressed by reference to the rent paid in respect of a period of time rather than by reference to a particular offence. 

As to the point of unfairness to tenants who had suffered numerous offences to be limited to a single rent repayment order, the Upper Tribunal noted that the purpose of repayment orders is primarily to deter landlords rather than to compensate tenants and that a tenant has additional rights to claim loss or damage resulting from an unlawful eviction or breach of repairing obligations. Moreover, if more than one offence has been committed, the FTT may properly take that into account under s.44(4) when considering the relevant amount to order.

As to the potential for a number of offences occurring over different periods to be aggregated to exceed 12 months, the Upper Tribunal considered that had Parliament intended that more than 12 months’ rent could be repayable this would have been clearly set out in section 44(3). It followed, the Upper Tribunal considered that 12 months’ rent was the maximum that could be awarded under section 41, irrespective of the number, timing or duration of the offences committed.

On a final point, the Upper Tribunal observed it had not been considered in this appeal whether, absent aggravating or mitigating factors, the direction in section 44(2) that the amount must “relate” to the rent paid during the relevant period should be interpreted as the amount must “equate” to that rent. The tribunal noting that issue would have to await a future appeal, but in the meantime observed that Vadamalayan v Stewart [2020] UKUT 183 (LC) should not be treated as conclusive on the exercise of the discretion which s.44 requires, where the rent paid by the tenant was described as “the obvious starting point” for the repayment order.

Summary by Henry Percy-Raine, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS
 

Right to Regenerate: reform of the Right to Contest
This consultation is to help to shape a reform of the Right to Contest, in order to encourage the right to be utilised more effectively and more widely to stimulate regeneration and the more productive use of land. Strand 2 of the Community Right to Contest allows members of the public to request that the government directs the disposal of unused or underused land, including vacant homes and garages, owned by public bodies. This right is little-known and little-used, with only one direction to dispose issued since 2014.

The aim of this consultation, which will close on 13 March 2021, is to strengthen the right and make it simpler to use as the new ‘Right to Regenerate’. This will provide a quicker and easier route for individuals, businesses and organisations to identify, purchase and redevelop underused or empty land in their area. In turn, the strengthened right will support greater regeneration of brownfield land, boost housing supply and empower people to turn blights and empty spaces in their areas into more beautiful developments. For the consultation document, click here.

Safer buildings in Wales
The Welsh Government is consulting on proposals for comprehensive reform of legislation that contributes to building safety in Wales. It focuses on legislative change across the lifecycle of buildings as well as setting out aspirations for culture change in the way buildings are designed, constructed and managed. The consultation ends on 12 April 2021. For the consultation documents, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Now is the time for a national Housing First programme Sarah Rowe CIH Blog 25 February 2021 – to read the article, click here

Fixing the economy starts with home Robin White Shelter Blog 1 March 2021 – to read the article, click here

Housing case law update - February 2021 Daniel Skinner, Katrina Robinson and Kirsten Taylor Local Government Lawyer 1 March 2021 – to read the article, click here

Housing: recent developments (March 21) Sam Madge-Wyld and Jan Luba QC Legal Action February 2021 – to read the article (subscription required), click here

HOUSING LAW DIARY
 

3 March 2021                                       
Spring Budget

8 March 2021                                       
Report stage in the House of Lords of the Domestic Abuse Bill

13 March 2021                                     
Closing date for submissions to the consultation on Right to Regenerate: reform of the Right to Contest (see Housing Law Consultations)

15 March 2021                                     
Loans for Mortgage Interest (Amendment) Regulations 2021 come into force

23 March 2021                                     
End for the four-week period during which, the Counsel General or the Attorney General may refer the question whether the Renting Homes (Amendment) (Wales) Bill would be within the Assembly’s legislative competence to the Supreme Court for decision Bill (see Housing Laws in the Pipeline)

1 April 2021      
Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Amendment) Regulations 2021 come into force
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