4th August 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

Kerslake Commission: interim report published
On 27 July 2021 the Kerslake Commission on Homelessness and Rough Sleeping published an interim report – When We Work Together – learning the lessons. Based on the evidence received and expertise, it states that the Government must learn from the success of the Covid-19 response and continue the increased investment in homelessness services to avoid a post-pandemic surge in rough sleeping. The Commission has concluded that the Government needs to maintain the additional funding that it made available during the pandemic – equating to £82m a year on top of its previous spending commitment – if it is to have any chance of achieving its pre-election promise to end rough sleeping by the end of this parliament. In total, the report makes 22 recommendations around increased funding for homeless services, changes to the welfare system, partnership working across agencies involved in supporting those rough sleeping or at risk of homelessness, the increased involvement of health services in solutions for people experiencing homelessness and a tailored approach for women, young people and those with no recourse to public funds. To read the report, click here.

Legal aid needs urgent reform to secure fairness of the justice system: Commons Justice Committee
On 27 July 2021 the House of Commons Justice Committee published a report which found that legal aid is in urgent need of reform to protect the fairness of the justice system and to ensure that the most vulnerable can have access to justice. The report warns that a rigid system of fixed fees and low pay is leaving firms specialising in legal aid struggling. The sustainability of legal aid providers is critical to ensure that those eligible for legal aid are able to be supported through what, it finds, can be a complex and daunting system. The Committee calls for the civil legal aid system to be overhauled. Providers of civil legal aid are also facing sustainability issues, resulting in 'legal aid deserts' in respect of certain specialist advice such as housing. The Committee recommends that the Government takes a more flexible approach to legal aid funding, so that the providers can be given the support to help the most vulnerable. The Government should also consider changing the eligibility thresholds and regularly increase them in line with inflation. For the report, click here. For a summary, click here. For the conclusions and recommendations, click here.

Housing complaints to the Local Government and Social Care Ombudsman
On 28 July 2021 the Local Government and Social Care Ombudsman published his annual report which reveals that of 330 details investigations of housing complaints, 71 per cent were upheld. The report refers to Home Truths, a report published in July 2020 by the Ombudsman which shares the learning from the first 50 detailed investigations about the Homelessness Reduction Act, giving practical advice to councils from early findings. The Ombudsman has found delays in the process and difficulties in how Personalised Housing Plans are administered. The Ombudsman has called on all councils with homelessness responsibilities to read the report and review their practices in light of its good practice advice. For the annual report, click here and follow the link at the top right of the page opened. For Home Truths, click here and follow the link at the top right of the page opened.

Domestic Abuse Act 2021: six more factsheets published
On 28 July 2021 the Home Office made six new additions to the series of factsheets providing more information about each of the provisions in the Domestic Abuse Act 2021. The new factsheets cover: tackling perpetrators; amendment to the controlling or coercive behaviour offence; section 91(14) barring orders; prohibition on charging for the provision of medical evidence of domestic abuse; strangulation and suffocation; and threats to disclose private sexual photographs and films. For all the factsheets, click here.

Domestic Abuse Act statutory guidance
On 3 August 2021 the Home Office issued a consultation seeking views on draft domestic abuse statutory guidance which will support the implementation of the definition of domestic abuse at sections 1 to 3 of the Domestic Abuse Act 2021. The key objectives of the guidance are to:

  • provide clear information on what domestic abuse is in order to assist with its identification
  • provide guidance and support to frontline professionals, who have responsibilities for safeguarding and supporting victims of domestic abuse, for example through outlining relevant strategic and operational frameworks
  • improve the institutional response to domestic abuse by conveying best practice and standards for commissioning responses.

The consultation seeks the views of, amongst other professionals, local housing and homelessness teams, and registered social landlords. For details of the  consultation, which closes on 14 September 2021, click here.

European Convention on Human Rights protocol no. 15 comes into force
On 1 August 2021 Protocol no. 15 to the European Convention on Human Rights came into force, following its ratification by all 47 State Parties. Amongst other changes, the protocol:

  • includes a reference to the principle of subsidiarity (according to which the primary responsibility for protecting human rights under the European Convention on Human Rights falls to each individual State Party) and the doctrine of the margin of appreciation (the “space for manoeuvre” that State Parties are given in fulfilling their obligations under the Convention) to the Preamble to the Convention
  • shortens from six to four months the time limit within which an application must be made to the ECtHR (this is from the date on which the final decision was taken at the national level, when all domestic remedies have been exhausted)
  • removes the rule preventing rejection of an application that has not been duly considered by a domestic tribunal where the applicant has not suffered a “significant disadvantage”.

For more details, click here.

Housing First Pilots: national evaluation reports
On 28 July 2021 the MHCLG published a second interim process evaluation report​ for the Housing First Pilots. In the report the Pilots describe their expectations and key challenges to the end of their funding periods. These include:

  • Housing supply: the key concern across the Pilot areas. Efforts are ongoing to engage more with the private rented sector. There is some evidence that service users waiting long periods to be housed may disengage from their Pilots.
  • Caseloads and staffing: while the fidelity assessment findings suggested the Pilots are broadly maintaining the 1:7 staff to service user ratio required to maintain fidelity, some providers reported that this was difficult to maintain within existing resources.
  • Systems challenges: the challenges of operating within a ‘broken system’ were expected to continue, although some progress had been made to promote multiagency working. As before, access to mental health provision was a widely reported challenge.

For the report, click here. For an article by Alex Smith of Homeless Link concerning the lessons learned from the evaluation report, click here.

Temporary accommodation
On 31 July 2021 the Local Government Association called for further reform of the Right to Buy scheme so that councils can retain 100 per cent of receipts, have flexibility to combine Right to Buy receipts with other Government grants and be able to set the size of discounts locally. The LGA, using latest Government figures, calculated that the number of children spending the summer holidays in temporary accommodation would fill more than 4,500 classrooms, underlining the need to build more social housing. For the LGA press notice, click here.

The end of ‘no fault’ section 21 evictions
On 30 July the House of Commons Library published a briefing paper explaining the use of section 21 and reactions to its proposed abolition. For the paper, click here.

Forces Help to Buy Scheme quarterly statistics: 2021/22
On 29 July 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:

  • 58,841 First Stage FHTB applications have been received.
  • 29,276 of these applications have proceeded to the Second Stage.
  • Payment have been made to around 25,100 applicants, totalling around £380 million, an average of approximately £15,200 per claim.
  • At least 95 per cent of payments, as at 30 June 2021, have already resulted in a purchased property or extension.

For the full report, click here.

Unlicensed landlord receives £21,000 fine – Brent
On 29 July 2021 Brent Council reported that a private landlord operating an unlicensed and overcrowded property in Kensal Green was recently fined more than £21,000 by Willesden Magistrates' Court. The property was the subject of numerous complaints from neighbours concerning anti-social behaviour at the unlicensed HMO in Holland Road, NW10. Despite being given ample opportunity, the landlord failed to obtain a licence, and Private Housing Services pursued enforcement action against him. Having pleaded guilty to five separate offences, he was fined a total of £21,115.50, including a prosecutions cost of £3,925.00 and a victim surcharge of £190. For the report, click here.

Rough sleeping – London
On 30 July 2021 Crisis reported new figures from the Combined Homelessness and Information Network (CHAIN) revealing that from April to June 2021, 2589 people slept rough across London. This was down 14 per cent on the previous quarter, while 395 people were seen living on the streets for three weeks or more. For comment by Crisis, click here.

Homelessness accommodation provision and rough sleeping – Wales: May 2021
On 29 July 2021 the Welsh Government published information on persons placed into temporary accommodation and rough sleepers. It shows:

  • Throughout Wales, 1,094 people presenting as homeless were placed into temporary accommodation during May 2021, 44 fewer than in April 2021. Of these, 223 were dependent children aged under 16, an increase of 46 from April 2021.
  • At 31 May 2021, 6,383 individuals were in temporary accommodation, an increase of 105 from 30 April 2021. 1,394 of these were dependent children aged under 16, an increase of 58 from 30 April 2021.
  • 483 homeless individuals were moved into suitable long-term accommodation in May 2021, 52 more than in April 2021. Of the individuals moved into suitable long-term accommodation, 144 were dependent children aged under 16, an increase of 31 from April 2021.
  • At 31 May 2021, there were an estimated 76 individuals sleeping rough throughout Wales. This is an increase of 6 from the 70 individuals sleeping rough at 30 April 2021.
  • As at 31 May 2021, Caerphilly (14), Cardiff (11), Newport (8) and Denbighshire (7) were the local authorities reporting the highest numbers of individuals sleeping rough. All other local authorities reported 5, or fewer, individuals sleeping rough, with five local authorities reporting zero.

For the full details, go to wales.gov and click on the ‘Housing’ section.

Grenfell Tower Inquiry update
On 29 July 2021 the Grenfell Tower Inquiry published an update on its work.  The update provides a digest of: news on Inquiry hearings; an updated provisional timetable for Phase 2; disclosure figures; Core Participant figures; support arrangements during limited attendance hearings; and contact information’. For the update, click here.

Homelessness and supported housing: job description templates
On 26 July 2021 Homeless Link published a suite of job description templates “of many of the most popular roles in the homelessness and supported housing sectors … developed through consultation with Homeless Link members”. For the templates, which are free to download and use, click here. For a guide by Homeless Link to help organisations decide which roles are subject to a DBS check and which level of check is relevant to these roles, click here.

Gas safety and repairs: Housing Ombudsman
On 27 July 2021 the Housing Ombudsman published a further batch of decisions which feature issues ranging from gas safety and repairs to anti-social behaviour. For the decisions, click here.

Public Services Ombudsman Wales
On 2 August 2021 the Public Services Ombudsman Wales launched his newest tool: ‘Our Findings’. Members of the public will now be able to browse or search recent investigations outcomes and reports. To use the tool, click here.

Dispute resolution in England and Wales
On 3 August 2021 the Ministry of Justice issued a call for evidence in respect of dispute resolution from all interested parties, the judiciary, legal profession, mediators and other dispute resolvers, academics, the advice sector, court users. The MoJ is particularly interested in collecting evidence from individuals or organisations with data to share on the relevant questions; or those who have had experience of dispute resolution within and outside of the courts system to support the development of more effective dispute resolution mechanisms. For the consultation document, which closes on 30 September 2021, click here.

HOUSING LAWS IN THE PIPELINE
 

The House of Commons and the House of Lords each rose for its summer recess on 22 July and will return on 6 September.

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 Bill has now been sent to a Public Bill Committee which will scrutinise the Bill line by line and is expected to report to the House by 26 October 2021. For the Bill as introduced, 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.

Leasehold Reform (Ground Rent) Bill
This Government Bill would make provision about the rent payable under long leases of dwellings. First reading in the House of Lords took place on 12 May 2021. Second reading took place on 24 May 2021. The Bill completed its committee stage on 14 June 2021 and report stage on 20 July 2021. The third reading will take place on a date to be scheduled. For the Bill as amended at the report stage, click here. To follow progress of the Bill, 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 will receive its second reading on 29 October 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 will receive its second reading on 22 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

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HOUSING LAW CONSULTATIONS
 

Warm Home Discount: better targeted support from 2022
The Warm Home Discount scheme obliges participating energy suppliers to provide rebates to their customers, to reduce energy bills for low-income and vulnerable households and tackle fuel poverty.

This consultation proposes to expand and reform the scheme in England and Wales until 2026, in line with the commitments announced in the Energy White Paper in 2020. The objective of the reforms is to improve the fuel poverty targeting rate of the scheme and ensure more fuel poor households can receive rebates on their energy bills automatically, through the use of data matching. The Department for Business, Energy & Industrial Strategy would particularly welcome responses from energy suppliers and charities and other organisations focusing on fuel poverty and vulnerable people.

For the consultation, which closes on 22 August 2021, click here.

The Building Safety Levy
This consultation seeks views on the design of a proposed levy on developers who seek regulatory permission to build certain high rise residential buildings. The consultation also seeks evidence of possible impacts on housing supply and regeneration, and the housebuilding industry.

The powers to create and set the terms of the levy are set out in the Building Safety Bill. Subject to the passage of the Bill through Parliament, this levy will apply to developments in England seeking building control approval from the Building Safety Regulator to start construction of certain buildings: the “Gateway 2” stage of the new building safety regime.

For documents relating to the consultation, which closes on 15 October 2021, click here.

Domestic Abuse Act statutory guidance
On 3 August 2021 the Home Office issued a consultation seeking views on draft domestic abuse statutory guidance which will support the implementation of the definition of domestic abuse at sections 1 to 3 of the Domestic Abuse Act 2021. The key objectives of the guidance are to:

  • provide clear information on what domestic abuse is in order to assist with its identification
  • provide guidance and support to frontline professionals, who have responsibilities for safeguarding and supporting victims of domestic abuse, for example through outlining relevant strategic and operational frameworks
  • improve the institutional response to domestic abuse by conveying best practice and standards for commissioning responses.
The consultation seeks the views of, amongst other professionals, local housing and homelessness teams, and registered social landlords. For details of the  consultation, which closes on 14 September 2021, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Let’s End Overcrowding, Let’s Build Social Housing Andrew Soar Shelter Blog 27 July 2021 – to read the article, click here

Not so full and frank disclosure SS Nearly Legal 28 July 2021 – to read the article, click here

Judicial Review and Courts Bill – limited proposals which lead to unexpected consequences? Rebecca Lawrence and Lucy James Trowers & Hamlins 29 July 2021 – to read the article, click here

Pick the first landlord up Giles Peaker Nearly Legal 29 July 2021 – to read the article, click here

“You can’t do Housing First to people.” How the second evaluation of the Housing First regional pilots shows the importance of choice and co-production Alex Smith Homeless Link 29 July 2021 – to read the article, click here

Podcast: Affordable housing secured funding – Trends, challenges and opportunities Katie Dyer and Richard Petty Trowers & Hamlins 29 July 2021 – to listen to the podcast, click here

Damages for breach of lease? Possibly not… Giles Peaker Nearly Legal 1 August 2021 – to read the article, click here

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

HOUSING LAW DIARY
 

7th August 2021                                   
Civil Procedure (Amendment No. 4) Rules 2021 come into force in respect of rule 12 which amends Part 83.8A (notice of execution of writs and warrants of possession)


22 August 2021                                   
Deadline for submissions to the consultation on the Warm Home Discount: better targeted support from 2022 (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

   


Homeless Prevention Officers x2

(Ref No: CHOU997)
Temporary 2 year Fixed Term Contract
£23,541 pa - £25,991 pa  + Car Allowance up to £1,239 pa

Mid Sussex District Council is an ambitious, forward thinking local authority and a great employer to work for, with great staff benefits to offer, including subsided leisure centre membership, generous holiday, pension and free car parking.

We are looking for a Homeless Prevention Officer to join our busy frontline Housing Needs Team to implement the new Prevention Duty under the Homelessness Reduction Act 2017.

You will be able to work on your own initiative and have a positive, enthusiastic, and cheerful attitude towards the public and colleagues.  You will have excellent interpersonal skills, including the ability to communicate calmly even when under pressure.  

Detailed knowledge of homelessness legislation, welfare benefits and landlord & tenant law would be desirable but is not essential.  Keeping clear and concise records will be an essential part of your work.  You will also be expected to visit people in their own homes.

For an informal discussion about the role(s), please contact Samantha Horne, Housing Needs Team Manager, on 01444 477429 or via email  samantha.horne@midsussex.gov.uk.

For a recruitment pack, apply on-line by visiting the Jobs at Mid Sussex section of our website by clicking here. For more details about the position, click here. CVs will not be accepted.  Please note that any job offer is subject to Basic Disclosure and Barring Service (DBS) clearance.

Close Date: 9th August 2021. Interview Date: 19th/20th August 2021


 
Housing Solutions Senior Officer (Assessment)
Milton Keynes Council
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Housing Finance Manager
Milton Keynes Council
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Housing Solutions Support Worker (Assessment)
Milton Keynes Council
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Housing Service Advisor (Fixed Term)
Brighton and Hove City Council
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Housing Support Worker
Southampton City Council
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Homelessness Accommodation Officers
Swindon Borough Council
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Private Sector Housing Team Manager
Royal Borough of Kensington and Chelsea
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ASB Team Leader
Sheffield City Council
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Nuisance and Anti-Social Behaviour Caseworker
Crawley Borough Council
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Domestic Abuse Housing Coordinator
London Borough of Hammersmith and Fulham
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Domestic Abuse Act Officer
London Borough of Merton
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Housing Management Administrator
Hightown Housing Association
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Senior Empty Homes Enforcement Officer
London Borough of Waltham Forest
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