HOUSING LAW NEWS & POLICY ISSUES

Housing cases in the courts: April to June 2021
On 2 September 2021 the Ministry of Justice published statistics for the volume of civil and judicial review cases dealt with by the courts between 1 April  and 30 June 2021. Mortgage and landlord possession claims were down 71 per cent to 9,500 compared to the same quarter of 2019. This decrease has been driven by a fall in all claim types since March 2020 due to actions following Covid-19. The overall trend in mortgage and landlord possession claims has been decreasing since a peak of 60,000 in January to March 2014. For the full statistics, click here. For an annex specific to mortgage and landlord possession cases (published on 12 August 2021 and previously reported in Housing Law Week), click here.

Affordable Homes Programme
On 31 August 2021 the MHCLG announced that “nearly 120,000 new homes will be built as part of the largest single investment in affordable housing in a decade.” The MHCLG says that the Affordable Homes Programme funding (worth £8.6 billion) will deliver around 119,000 homes, including 57,000 for ownership, 29,600 for social rent and 6,250 affordable rural homes. For more information, click here.

Vulnerable children and families: new data sharing projects
On 3 September 2021 Rough Sleeping and Housing Minister Eddie Hughes announced the £7.9 million Data Accelerator Fund, which will see ten councils work more closely with police forces, local NHS services and schools to share data to ensure children and families receive the right help at the right time. The MHCLG says that by sharing information across schools, health, housing, police and social care, frontline workers can get a full picture of an individual family’s needs and the often interconnected challenges they face, such as mental health issues, employment, and substance misuse. For more details, click here.

Legal aid: HPCDS and Housing and Debt opportunity
On 26 August 2021 the Legal Aid Agency invited expressions of interest from 2018 Standard Civil Contract holders currently delivering housing and debt services to deliver services in the following HPCDSs, starting as soon as possible: Cambridge, Crewe and Chester, Sunderland, Stockport, and Hull (delivery of services at Hull to start from 1 November 2021). This is for the delivery of the HPCDS services until 30 September 2022.

The LAA is also inviting expressions of interest to deliver Housing and Debt contract work in the Cheshire procurement area until 31 August 2022. This opportunity to deliver Housing and Debt services is open to all holders of the 2018 Standard Civil Contract and is not limited to current housing and debt providers. There is no limit to the number of contracts that can be awarded to deliver Housing and Debt services in Cheshire. For more information or to apply, click here.

Disabled adaptations in leasehold flats and common parts
On 5 September 2021 the House of Commons Library published a briefing paper covering how leaseholders in flats can gain consent to home adaptations. It also covers the issue of adaptations in the common parts of residential buildings. For the paper, click here.

Disabled facilities grants for home adaptations
On 30 August 2021 the House of Commons Library published a briefing paper providing an overview of Disabled Facilities Grants for home adaptations and plans to improve how the system works. It focuses on England but includes details of the systems in Wales, Northern Ireland and Scotland. For the paper, click here.

Dispute Resolution in England and Wales: call for evidence
On 1 September 2021 the Ministry of Justice extended to 31 October 2021 its call for evidence on dispute resolution from all interested parties, the judiciary, legal profession, mediators and other dispute resolvers, academics, the advice sector, court users. For more information, click here.

Households in temporary accommodation (England)
On 27 August 2021 the House of Commons Library published a briefing paper providing data on the number of homeless households placed in temporary accommodation by English local authorities and outlining initiatives and issues associated with the use of temporary accommodation. For the briefing paper, click here.

Right to rent checks
On 26 August 2021 the Home Office updated its guidance for landlords carrying out right to rent checks during the coronavirus (Covid-19) pandemic. It reflects the decision to defer the end date for the temporary adjusted checks to 5 April 2022. For the guidance, click here.

Grenfell Tower Inquiry update
On 26 August 2021 the Grenfell Tower Inquiry published an August newsletter, offering an update of its work. For the newsletter, click here.

Housing Ombudsman: complaints continue to rise
On 1 September 2021 the Housing Ombudsman published the latest Insight report covering April to June 2021. It shows a 21 per cent increase in the volume of enquiries and complaints received compared to the previous quarter. 7,276 enquiries and complaints were received between April and June, up from 6,010 between January and March 2021. For the report, click here.

Keep the lifeline: open letter to the Prime Minister
On 2 September 2021 over 100 organisations across the UK joined together to write to the Prime Minister and urge the government not to proceed with the announced £20 per week cut to Universal Credit and Working Tax Credit. For the letter, click here.

London’s Violence Reduction Unit in partnership with housing associations
On 31 August 2021 London’s Violence Reduction Unit (VRU) announced a new partnership with nine housing associations to work with communities to identify and put in place projects to drive down violence. The VRU and housing associations will work together with communities to develop measures such as mentoring support for young people, the development of skills to help young people better manage conflict, counselling to prevent reoffending, training for parents and the wider community to identify risk factors and the provision of safe spaces for young people. For more details, click here.

Regulator of Social Housing: quarterly survey results
On 3 September 2021 the Regulator of Social Housing published the results of its latest quarterly (1 April to 30 June 2021) survey of registered providers’ financial health. The report shows that the sector is well placed to continue its recovery from the pandemic, with strong liquidity and high levels of investment in both new and existing homes. Investment in housing supply during the quarter was £3.1 billion – an increase of 11 per cent on the previous quarter. Twelve-month development and major repairs spend forecasts increased again and both exceed pre-pandemic levels. Capitalised repairs spend was £459 million in the quarter, which is the highest quarter one figure ever recorded. The number of unsold properties reduced in the quarter and providers’ total asset sales were £1.7 billion. The sales recorded were above forecast, reflecting the effects of the stamp duty holiday on the housing market. For full details, click here.

HOUSING LAWS IN THE PIPELINE

The House of Commons and the House of Lords each returned from summer recess 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.

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. It is due to receive its second reading on 10 September 2021. For the Bill, as introduced, 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 is scheduled for 14 September 2021. For the Bill as amended at the report stage, click here. For a House of Commons Library briefing concerning the Bill, published on 6 August 2021, 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) BillThis 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.

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.

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

‘Eating the elephant in chunks’: mapping the judicial review bill and other constitutional changes during the Boris Johnson era Lee Marsons Legal Action August 2021 – to read the article, click here

Who’s responsible for improving our homes? Mille Brown Centre for Ageing Better 26 August 2021 – to read the article, click here

UK councils say they are ‘ready to assist’ Afghan refugees but lack housing Diane Taylor Guardian 28 August 2021 – to read the article, click here

The cost of unwanted moves Dan Wilson Craw Generation Rent 28 August 2021 – to read the article, click here

Social housing tenant’s cry for help: Get me out of this ‘hellhole’ flat Anna Tims Guardian 29 August 2021 – to read the article, click here

Who manages the managers? – Tribunal appointed manager behaving badly Giles Peaker Nearly Legal 30 August 2021 – to read the article, click here

Costs and costs of repairs Giles Peaker Nearly Legal 30 August 2021 – to read the article, click here

Staycations: Things landlords should consider Rebecca Harris Trowers and Hamlins 1 September 2021 – to read the article, click here

Building Safety Bill: Essential guide Rebecca Rees Trowers and Hamlins 6 September 2021 – to read the guide, click here

We need to decarbonise our homes – but does technology help or hinder us? Fionnuala Ratcliffe Centre for Ageing Better 3 September 2021 – to read the article, click here

Late service charge demands and the importance of contemplating forfeiture for recovering legal costs Giles Peaker Nearly Legal 5 September 2021 – to read the article, click here

Where are you? The “missing” witnesses and drawing an adverse inference Andrew Lane Local Government Lawyer 6 September 2021 – to read the article, click here

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

HOUSING LAW DIARY

10 September 2021                              
Second reading in the House of Commons of the Fire and Building Safety (Public Inquiry) Bill (see Housing Laws in the Pipeline)

14 September 2021                              
Third reading in the House of Lords of the Leasehold Reform (Ground Rent) Bill (see Housing Laws in the Pipeline)

30 September 2021                              
Expiry of special measures in respect of notice of intention to seek possession, introduced by Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021

Advertise your vacancy to Housing Law Week Readers

Speak to a member of our team today: info@limelegal.co.uk

Featured Jobs of the Week



Housing Advisory Officer

37 hours per week
£29,577- £31,346 per annum

We require an experienced caseworker to join our team which offers a wide range of housing options and services to a diverse client group. The successful candidate will have excellent oral and written communication skills with the ability to work with customers in a front line setting. Your ability to negotiate with a range of agencies and partner organisations in both the private and voluntary sector to deliver support services and positive outcomes for clients is essential.

The successful candidate will have a sound knowledge of the Homeless Reduction Act (HRA) and can demonstrate how clients have been helped in innovative and proactive ways to prevent homelessness or secure accommodation.

There will be ongoing training opportunities to update or refresh work skills and housing law knowledge.

This role benefits from a minimum of 29 days’ Annual Leave plus 8 statutory Bank Holidays, access to the council’s Flexi Scheme, casual car user, access to the Local Government Pension Scheme.

For an informal chat about the role, please contact John Cameron, Senior Housing Advisory Officer, on 01772 906404 or j.cameron@preston.gov.uk  

Post Number: COAC02006
Closing Date: Thursday 9th September 2021
Interview Date: Wednesday 29th September 2021

For more details, click here

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Temporary Accommodation Officer

(Ref: CHOU987)
2 year fixed term contract
£23,541 pa - £25,991 pa + Car Allowance up to £1,239 pa
Based:  Haywards Heath, West Sussex

Mid Sussex District Council is an ambitious, forward thinking local authority in the heart of southern England and a very desirable place to work.

We are looking for a Temporary Accommodation Officer with a proven track record and experience of working in a support or housing role, preferably with a local authority, to join our frontline Housing Options Team.

You will provide a sustainment service to clients throughout their time in temporary accommodation to maintain the accommodation and work with the Housing Options Team to explore their housing options.

The right candidate will enjoy team work and enthusiastically embrace our proactive housing options approach in preventing homelessness to find real solutions for people in housing difficulties.  You will be a self-starter who is able to work on your own initiative and organise your own workload with a positive and flexible attitude.

You will have a good understanding and knowledge of the Council’s duties to those who are homeless and have detailed up to date knowledge of homelessness legislation relating to suitability of accommodation.

For fuller information about the role including details on how to apply please click on:
https://www.jobsgopublic.com/vacancies/217323?ga_client_id=49e595aa-088c-469e-bf55-7fc388dc6f83&search=b2037df067536f580f429835dbc14455ce432c89fa52176cb19b35dc4e79014c

Close date:  24 September 2021
Interview date: 8 October 2021

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Private Housing Options Officer

(Ref: CHOU988)
Temporary 2 year fixed term contract
£23,541 pa - £25,991 pa + Car Allowance up to £1,239 pa
Based:  HaywardsHeath, West Sussex

Mid Sussex District Council is a dynamic, forward thinking local authority in the heart of southern England. We have clear priorities and are proud that local people consistently rate our services highly.

We are looking for a Private Housing Options Officer with a proven track record and experience of working in such a role, preferably with a local authority, to join our frontline Housing Options Team.

The right candidate will increase the supply of private rented properties available to clients of the Council’s Housing Options Team.  You will proactively develop links and positive working relationships with private landlords and letting agents to source homes in the private rented sector.  By doing so, you will contribute to a proactive service for people who are homeless, or at risk of becoming homeless, by maximising opportunities for them to rent privately.

You will have a good understanding and knowledge of the private sector housing market in Mid Sussex, together with a good understanding of the terms and conditions contained in a tenancy agreement or lease and knowledge of landlord and tenant legislation and of the welfare benefits that are available to tenants.

For fuller information about the role including details on how to apply please click on:  https://www.jobsgopublic.com/vacancies/217599?ga_client_id=49e595aa-088c-469e-bf55-7fc388dc6f83&search=b2037df067536f580f429835dbc14455ce432c89fa52176cb19b35dc4e79014c

Closing date:  24 September 2021
Interview date:  5 October 2021

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Housing Options Officer

(Ref:  CHOU030)
Temporary 2 year fixed term contract
£26,511 pa - £28,672 pa + Car Allowance up to £1,239 pa
Based:  Haywards Heath, West Sussex

Mid Sussex District Council is a dynamic, forward thinking local authority in the heart of southern England. We have clear priorities, and are proud that local people consistently rate our services highly.

We are looking for a Housing Options Officer to join our busy frontline Housing Options Team.  The right candidate will enjoy team work and enthusiastically embrace our proactive housing options approach in preventing homelessness finding innovative and imaginative solutions for people in housing difficulties, enabling them to retain their current home or achieve a planned move to alternative accommodation.

You will also help implement the duties of the Council in respect of persons who are, or may become, homeless.  This will involve interviewing people, investigating formal homeless applications under the homelessness legislation, making legal decisions and securing temporary accommodation.

Detailed knowledge of homelessness legislation, welfare benefits and landlord & tenant law would be desirable but 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 fuller information about the role including details on how to apply please click on:
https://www.jobsgopublic.com/vacancies/217204?ga_client_id=49e595aa-088c-469e-bf55-7fc388dc6f83&search=b2037df067536f580f429835dbc14455ce432c89fa52176cb19b35dc4e79014c

Close date: 17 September 2021
Interview date: 28 September 2021