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HOUSING
LAW NEWS & POLICY ISSUES
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Rough sleepers
On 29 October 2021 the DLUHC
announced a further £66 million of
funding to help rough sleepers into
safe, warm accommodation and treatment
services for drug and alcohol dependency
this winter. The funding comprises:
- Up to £52 million, allocated to more
than 60 councils, as a share of the
Drug and Alcohol Treatment Grant
scheme for specialist support services
for rough sleepers and those at risk,
including one-to-one support and
mentoring;
- £3.8 million in grants from the
Homelessness Transformation Fund for
voluntary, faith and community groups
to transform shared accommodation into
Covid-secure, self-contained
accommodation, giving rough sleepers
safe places to stay; and
- £10 million from the Winter
Pressures Fund to provide up to 3,500
rough sleepers with emergency
accommodation, with areas most in need
of support to tackle rough sleeping
invited to bid for the funding.
For more details, including the
allocation of funding, click
here. For comment by
the Local Government Association, click
here.
Statutory homelessness in
England: April to June 2021
On 28 October 2021 the DLUHC
published official statistics on
statutory homelessness in England. They
show that between April to June 2021:
- 66,040 households were initially
assessed as homeless or threatened
with homelessness and owed a statutory
homelessness duty, up 1.0 per cent
from April to June 2020.
- 31,210 households were assessed as
being threatened with homelessness,
and therefore owed a prevention duty,
up 18.4 per cent from the same quarter
last year and linked to a 105.0 per
cent increase in threatened
homelessness due to service of a
Section 21 notice to end an Assured
Shorthold Tenancy to 3,280 households.
This is likely to reflect the removal
of most of the restrictions on private
rented sector evictions from May 2021
- 34,830 households were initially
assessed as homeless and therefore
owed a relief duty, down 10.8 per cent
from the same quarter last year,
driven by an 18.5 per cent fall in
single households owed relief duty.
Households with children owed a relief
duty increased 27.9 per cent from the
same quarter last year to 8,250
households in April to June 2021 – a
similar level to April to June 2019.
- 9,600 households were accepted as
owed a main homelessness duty, down
8.0 per cent from April to June 2020.
Households with children fell by 15.0
per cent.
On 30 June 2021, 96,600 households
were in temporary accommodation, down
1.7 per cent from 30 June 2020, which
saw the peak of the impact of Covid -19
on temporary accommodation due to the
Everyone In campaign. This decrease is
driven by a fall in households with
children reducing by 3.5 per cent to
60,490, while single households
increased 1.5 per cent. Compared to the
previous quarter, the number of
households in temporary accommodation
has risen 1.4 per cent from March 2021.
For the full statistics, click
here. For tables,
showing the information organised
according to local authority, click
here. For comment on
the figures by Crisis, click
here and
for that of Shelter, click
here. For a House of
Commons Library briefing providing
statistics on statutory homelessness in
England, explaining local authorities'
duties to homeless households and
including comment on work to reduce
homelessness, click
here.
Spending Review and homelessness
The Chancellor of the
Exchequer’s Spending Review, delivered
to Parliament on 27 October 2021,
pledged “£639 million resource funding
by 2024-25, a cash increase of 85 per
cent compared to 2019-20, as part of the
government’s commitment to end rough
sleeping. This brings total resource
funding to £1.9 billion over the
Spending Review period”. For the Autumn
Budget and Spending Review, click
here. The housing
section begins at para 2.23 on page 50.
For comment by Crisis on this
commitment, click
here. For the response
of Homeless Link, click
here. For comment by
Shelter, click
here.
Rehoming the homeless – Wales
On 27 October 2021 the Welsh Government
published guidance for local authorities
and partners on “how to plan for the
change to faster rehoming of the
homeless”. For the guidance, click
here.
Rough sleeping – London
On 29 October 2021 the Combined
Homelessness and Information Network
(CHAIN) revealed that from July to
September 2021:
- 2,918 people slept rough across
London, a 13 per cent increase on the
previous quarter and 15 per cent drop
on the same period last year.
- 1,361 slept rough for the first
time, a 16 per cent rise on the last
quarter.
- 1,615 people had support needs
including 1,146 with mental health
needs.
For comment by Crisis, click
here.
Forces Help to Buy Scheme
quarterly statistics
On 28 October 2021 the Ministry
of Defence published statistics on the
number of applications and payments made
under the Forces Help to Buy Scheme
(FHTB) since its launch in April 2014.
Since the Scheme began:
- 60,378 First Stage FHTB applications
have been received.
- 29,922 of these applications have
proceeded to the Second Stage.
- Payment has been made to around
25,956 applicants, totalling over £395
million, an average of approximately
£15,240 per claim.
- At least 95 per cent of payments, as
at 30 September 2021, have already
resulted in a purchased property or
extension.
For the full statistics, click
here.
Legal aid: Standard Civil
Contract (Housing Possession Court
Duty Scheme) 2013
On 29 October 2021 the Legal Aid Agency
published updated contract documents for
providers delivering Housing Possession
Court Duty Schemes. For the documents,
including a table of amendments, click
here.
Grenfell Tower Inquiry update
On 26 October 2021 the Grenfell Tower
Inquiry published an update on its work.
The update contains: a revised
provisional timetable; arrangements for
Module 6; monthly community drop-in
sessions; disclosure figures; Core
Participant figures; support
arrangements during hearings; and
contact information. For the update, click
here.
Estate management partnership
fined £120,000 for fatal gas safety
breaches
On 27 October 2021 the Health and Safety
Executive reported that Burghill Farms,
a partnership trading as Dalhousie
Estates, and Mr Piers Le Cheminant have
been fined following an incident where
one of the occupants of a holiday
cottage was found collapsed in a
bathroom heated by a portable cabinet
propane gas heater. He later died from
carbon monoxide poisoning (though
failings by the accused could not be
proven to be causally connected to the
death). Burghill Farms pleaded guilty to
breaching Regulation 36(2)(a) of The Gas
Safety (Installation and Use)
Regulations 1998 and Section 33(1)(c) of
the Health and Safety at Work etc. Act
1974. The company was fined £120,000.
Piers le Cheminant pleaded guilty to
breaching Regulation 35 of The Gas
Safety (Installation and Use)
Regulations 1998, and Section 33(1)(c)
the Health and Safety at Work etc. Act
1974. He was fined £2,000. Speaking
after the hearing, HSE principal
inspector Niall Miller said: “Landlords
have a duty to maintain gas heaters in a
safe condition, which in the context of
movable gas appliances includes
maintaining an appropriate operating
environment.” For a full report, click
here.
Damp and mould: Housing
Ombudsman urges zero tolerance
On 26 October 2021 the Housing
Ombudsman published a Spotlight report
which urges social landlords to adopt a
zero-tolerance approach to damp and
mould. The report – Spotlight on
damp and mould – It’s not lifestyle
– examined 410 complaints investigated
concerning 142 landlords over a two-year
period, with maladministration found in
56 per cent, rising to 64 per cent for
complaint handling alone. The report
draws not only on casework but more than
500 responses to the call for evidence
issued earlier this year. This failure
rate was often the result of inaction,
excessive delays or poor communication.
For the report, click
here. For the Housing
Ombudsman’s October newsletter, click
here.
Social housing sector stock and
rents statistics show impact of
pandemic: RSH
On 26 October 2021 the Regulator of
Social Housing published its annual
social housing sector stock and rents
statistics as at 31 March 2021. The
Regulator states that returns from all
registered providers of social housing
show that the sector provides 4.4
million homes across England with around
a 25,000 net increase in social homes in
the year. The number of Affordable Rent
and low-cost home ownership homes
increased, while the number of social
rent homes fell. General needs (social
rent) homes still make up the majority
of the social housing sector at 77 per
cent of all stock, with supported
housing at 13 per cent and low cost home
ownership at 7 per cent. For the report,
click
here. For the
associated press release, click
here.
Purpose-built village for rough
sleepers planned in Manchester
On 1 November 2021 the Guardian
reported: “[p]lans are under way to
build the UK’s largest village for rough
sleepers in one of Manchester’s most
desirable neighbourhoods. Embassy
Village will provide homes for 40 men in
purpose-built pods underneath 10 railway
arches in the Castlefield district,
where one-bedroom flats regularly sell
for £250,000.” For the report, click
here.
Judicial Review and Courts Bill
On 26 October 2021 the Judicial
Review and Courts Bill was debated in
the House of Commons at second reading
and has now been sent to a Public Bill
Committee which will scrutinise the Bill
line by line. It is expected to report
to the House by Tuesday 23 November
2021. For the Bill, as introduced, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 expected to have its
second reading debate on a date to be
announced. For the Bill as brought from
the House of Lords, click
here. For a House of
Commons Library briefing concerning the
Bill, published on 22 September 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 postponed to 19 November
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.
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 will
receive its second reading on 29
October 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 postponed to 26
November 2021.The Bill awaits
publication. To follow progress of the
Bill, click
here.
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HOUSING
LAW CONSULTATIONS
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Housing Ombudsman’s
consultation on three year plan
The Housing Ombudsman has
launched a consultation on its Corporate
Plan for 2022-25. Set within the context
of an unprecedented increase in the
volume of casework and major change in
the social housing sector, the plan
reinforces the changing role and
importance of complaint handling. The
Housing Ombudsman has experienced
significant increases in demand with a
139 per cent increase in enquiries and
complaints in the year to date compared
with 2020-21, plus a 65 per cent
increase in cases for formal
investigation. Externally, the
implementation of the Social Housing
White Paper and future policy changes to
improve access to complaints are likely
to sustain increasing volumes of
casework.
The Corporate Plan aims to respond to
this increase in complaints and it sets
out ways the Ombudsman will work with
the sector to promote fairness through
investigations, strengthen complaint
handling, encourage learning to improve
services and potentially prevent
complaints.
Built around values of fairness,
learning, openness and excellence, the
key elements of the plan are to:
- Increase awareness of the
Ombudsman’s role, together with
improving access to our service for
those facing barriers.
- Extend fairness through
high-quality, inquisitorial and
impartial investigations to establish
if there was service failure with
robust remedies and undertake thematic
inquiries into systemic issues.
- Use proactive interventions to
improve landlords’ complaint handling
and support earlier, local resolution
for the benefit of all residents.
- Establish a Centre for Learning to
promote complaint handling excellence
among social landlords by using
insight from our casework, data and
intelligence.
For the consultation, which closes on
12 November 2021, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Increased infections,
declining temperatures and stretched
resources; a national ambivalence
around emergency provision this
winter Jo Prestidge Homeless
Link 25 October 2021 – to read
the article, click
here
Designing homes for everyone
Jacquel Runnals Centre
for Ageing Better 27 October 2021
– to read the article, click
here
For a lasting solution to
the housing emergency, the
Conservative party should learn from
its past Chris Wood Shelter
Blog 28 October 2021 – to read
the article, click
here
Mortgagee protection clauses
Sharon Kirkham and Chris
Drabble Local Government Lawyer
29 October 2021 – to read the article, click
here
Affordable housing
investment to lead the way out of
the crisis? John
Perry CIH Blog 29 October 2021
– to read the article, click
here
Rent Repayment applications
– time limits for substituting
parties Giles Peaker
Nearly Legal 31 October 2021 –
to read the article click
here
Waiver and determining
breach of lease Giles
Peaker Nearly Legal 31 October
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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12 November 2021
Deadline for submissions to the
Housing Ombudsman’s consultation on
three year plan (see Housing Law
Consultations)
19 November 2021
Postponed second reading of Caravan
Sites Bill (see Housing Laws in the
Pipeline)
26 November 2021
Postponed second reading of Homeless
People (Current Accounts) Bill (see Housing
Laws in the Pipeline)
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