HOUSING LAW NEWS & POLICY ISSUES

Understanding the possession action process: guidance for landlords and tenants
On 1 October 2021 the Department for Levelling Up, Housing & Communities (DLUHC) published guidance for landlords and tenants in the private and social rented sectors to explain the possession action process in the county courts in England and Wales. The guidance has been updated to reflect changes to required notice periods in England and Wales, the end of the furlough scheme and changes to international travel rules. For the guidance, click here.

Domestic abuse support within safe accommodation
On 1 October 2021 the DLUHC published statutory guidance underpinning the new duties on local authorities relating to the provision of accommodation-based support to domestic abuse victims and their children. The guidance has been developed in consultation with local authorities, expert domestic abuse organisations, the Domestic Abuse Commissioner and other government departments. The duties came into force on 1 October 2021. For the guidance, click here. For the government’s response to the consultation, click here.

Assured tenancy forms
On 1 October 2021 the DLUHC published new versions of Form 3, Form 6A and the notes to Form 6A to reflect notice periods returning to the pre-Covid position. New notes to Form 3 have also been included. For the revised forms, click here.

Secure tenancy forms
On 1 October 2021 the DLUHC published new versions of prescribed forms under section 83 of the Housing Act 1985 to reflect notice periods returning to the pre-Covid position. For the revised forms, click here.

Covid-19 and renting: guidance for landlords, tenants and local authorities
On 1 October 2021 the DLUHC published non-statutory guidance for landlords, tenants and local authorities in the private and social rented sectors in the context of Coronavirus. The guidance has been updated to reflect the return to pre-Covid notice period lengths on 1 October 2021. For the guidance, click here.

Universal credit and rent arrears
On 30 September 2021 Crisis presented new analysis of UK government data showing that in England over 100,000 low-income renters on Universal Credit will be at least two or more months behind on their rent as a result of the planned £20 cut, raising fears “that thousands will be at risk of being pushed into homelessness as they struggle to keep their heads above water”. Crisis is calling for a reversal of the government’s decision to cut the £20 per week uplift of UC, introduced during the pandemic. For the Crisis statement, click here. For an article in the Guardian, click here.

Legal aid statistics quarterly: April to June 2021
On 30 September 2021 the Ministry of Justice published legal aid statistics for April to June 2021. During that period, there were 6,130 legally aided housing cases (up 15 per cent on a year ago) costing £4.2 million (down 13 per cent on a year ago). Over 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In April to June 2021 there was a 64 per cent increase in housing work starts compared to the same quarter last year. There were also increases in completed claims (35 per cent) and increases in expenditure (2 per cent). However, housing legal aid starts, completed claims and expenditure in the current quarter remain lower compared to the same period of 2019 (by 35, 21 and 17 per cent respectively).For the full statistics, click here.

Civil court fees
On 30 September 2021 HM Courts & Tribunals Service published EX50, a leaflet setting out a selection of civil and family court fees. For the leaflet, click here.

Homelessness
On 29 September 2021 Heriot-Watt University published research showing that rates of the worst forms of homelessness are significantly lower in Scotland than in England. According to The 2021 Homelessness Monitor Scotland, the rate of ‘core homelessness’, which includes people rough sleeping, using unsuitable temporary accommodation such as B&Bs, sofa surfing or sleeping in garages or industrial premises, was almost twice as high in England as in Scotland. Overall, it found that 0.94 per cent of households in England were experiencing a form of core homelessness, compared with 0.66 per cent in Wales and 0.57 per cent in Scotland, with the report identifying Scottish homelessness and housing policy as one cause of lower rates. For the report, click here. For the executive summary, click here. For comment by Crisis, who commissioned the report, click here.

Homelessness accommodation provision and rough sleeping – Wales: July 2021
On 29 September 2021 the Welsh Government published information on persons placed into temporary accommodation and rough sleepers during July 2021. The data show:

• 1,210 people presenting as homeless were placed into temporary accommodation during the month, three fewer than in June 2021. Of these, 223 were dependent children aged under 16, a decrease of 20 from June 2021.
• At 31 July 2021, 6,685 individuals were in temporary accommodation, an increase of 233 from 30 June 2021. 1,623 of these were dependent children aged under 16, an increase of 98 from 30 June 2021.
• Between the beginning of the Covid-19 pandemic and the end of July 2021, over 13,300 people who were previously homeless have been supported into emergency temporary accommodation.
• 433 homeless individuals were moved into suitable long-term accommodation, 84 fewer than in June 2021. Of the individuals moved into suitable long-term accommodation, 124 were dependent children aged under 16, a decrease of 36 from June 2021.
• At 31 July 2021, there were an estimated 103 individuals sleeping rough throughout Wales. This is a decrease of three from the 106 individuals sleeping rough at 30 June 2021.
• At 31 July 2021, Newport (19), Cardiff (15), Pembrokeshire (12), Caerphilly (11), Denbighshire (8) and Ceredigion (7) were the local authorities reporting the highest numbers of individuals sleeping rough. All other local authorities reported six, or fewer, individuals sleeping rough, with six local authorities reporting zero.

For the full figures, go to gov.wales, click on ‘housing’ and then on ‘statistics and research’.

Housing Quality Standard – Wale: as at 31 December 2020
On 29 September 2021 the Welsh Government published information on the progress made by social landlords in achieving the Welsh Housing Quality Standard (WHQS) for all their stock as at 31 December 2020. The main points are:

• The number of social housing dwellings that are compliant with WHQS (including acceptable fails) continues to increase.
• 99 per cent of all social housing dwellings were WHQS compliant (including acceptable fails) compared to 93 per cent as at 31 March 2019.
• 75 per cent of all social housing dwellings were fully compliant with the WHQS at 31 December 2020.
• WHQS compliance is higher for RSLS with nearly all dwellings achieving WHQS compliance (including acceptable fails) compared to 97 per cent of local authority dwellings.
• The most common reason for an acceptable fail was ‘Timing of Remedy’; occurring in just over half of all dwellings containing an acceptable fail.

For the full details, click here.

Housing Ombudsman: resident waits seven years for repairs
On 29 September 2021 the Housing Ombudsman reported that it had found severe maladministration in complaint handling by Golding Homes. It followed a resident’s report of repairs, that she repeatedly made over a period of seven years from 2012 to early 2019. The Housing Ombudsman ordered the landlord to apologise, pay £2,500 in compensation and set out the steps it was taking to meet its repair obligations. Recommendations were also made to the landlord, including to review its record keeping, comply with the Ombudsman’s Complaint Handling Code and report back on any lessons learned. For the full report, click here.

Section 21 ‘no fault’ evictions
On 26 September 2021 Generation Rent reported that since April 2019, when the government promised to abolish Section 21 ‘no fault’ evictions, more than 40,000 households in England have been threatened with homelessness by landlords using no-fault eviction grounds, according to government figures analysed by Generation Rent. The organisation says that “the worst hit area is Outer London, with Havering, Hillingdon and Barking & Dagenham having the highest rates of private renters facing homelessness on no-fault grounds (the rate in Havering is 30 in every 1,000 private renters, and 27 in Barking & Dagenham). Towns in the wider south and midlands are also affected, with Wolverhampton and Derby facing twice the national rate”. For the report, click here.

Homes for Afghan refugees – Islington
On 30 September 2021 the Mayor of London, Sadiq Khan, announced that Islington is the first borough to secure funding from his Right to Buy Back scheme to secure long-term housing for Afghan refugees. The north London borough has agreed a deal to bring 80 homes back into council ownership, including 20 family-sized (ie three or four bed) homes for Afghan refugees. For the announcement, click here.

HOUSING LAWS IN THE PIPELINE

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 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.

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 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.

HOUSING LAW CONSULTATIONS

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.

Local taxes for second homes and self-catering accommodation – Wales
The Welsh Government is consulting on the discretionary powers which allow local authorities to levy a higher rate of council tax on:

• second homes
• long-term empty properties.

The consultation also asks for views and evidence on the criteria used to define a property as self-catering accommodation for local tax purposes.

For the consultation, which closes on 17 November 2021, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Evicted in less than ten minutes: courts fail tenants broken by pandemic Bureau of Investigative Journalism 23 September 2021 – to read the article, click here

Assessment of costs in disrepair claims Stathis Kosteletos and Elena-Lucia Singleton Local Government Lawyer 1 October 2021 – to read the article, click here

The one where counsel is a witness Giles Peaker Nearly Legal 1 October 2021 – to read the article, click here

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed Sarah Salmon Local Government Lawyer 1 October 2021 – to read the article, click here

Bedrooms – hypothetical rather than actual. Bedroom tax and actual use. Giles Peaker Nearly Legal 3 October 2021 – to read the article, click here

Builders should pay for the mistakes that led to cladding crisis David Walker Observer 3 October 2021 – to read the article, click here

Possession – more change in England Suzanne Gregson Local Government Lawyer 4 October 2021 – to read the article, click here

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

HOUSING LAW DIARY

15 October 2021                                   
Deadline for submissions to the consultation on the Building Safety Levy (see Housing Law Consultations)

15 October 2021                                   
Deadline for applications for funding under the Government's Social Housing Decarbonisation Fund (Wave 1 Competition)

22 October 2021                                   
Homeless People (Current Accounts) Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

26 October 2021                                   
Public Bill Committee expected to report to the House of Commons in respect of the Building Safety Bill (see Housing Laws in the Pipeline)

29 October 2021                                   
Caravan Sites Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

29 October 2021                                   
Caravan Site Licensing (Exemptions of Motor Homes) Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

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