HOUSING LAW NEWS & POLICY ISSUES

Home Affairs Committee investigates domestic abuse during Covid-19 pandemic
On 3 February 2021 the Home Affairs Committee held an evidence session to examine the prevalence of domestic abuse during the Covid-19 pandemic and the adequacy of the Government's response.

Ahead of the session, the designate Domestic Abuse Commissioner supplied the Committee with data from domestic abuse victims and survivors helplines up to December 2020:

• From 1 April to 31 December 2020, calls and contacts logged on the National Domestic Abuse Helpline database increased by 34 per cent on the same period the previous year (114,986 in 2020 compared with 85,771 in 2019). NDAH advisers made 3,785 referrals to emergency refuge accommodation in this period.
• For the same period the national LGBT+ helpline run by Galop received 5011 calls. This represented a 36 per cent increase on the 3,679 calls in the same period the previous year. Calls from 16-24 year olds increased by over 50 per cent on levels the previous year.
• The Karma Nirvana helpline for victims and survivors of so-called 'honour-based' abuse saw its most significant monthly increase (79 per cent) during the first lockdown.
• The Respect helpline for male victims of domestic abuse saw calls increase by 39 per cent over the nine-month period.
• The Respect helpline for domestic abuse perpetrators looking for help to stop saw calls increase by 62 per cent over the nine-month period.

To watch the evidence session, click here.

Human Rights Act
On 3 February 2021 the Parliamentary Joint Committee on Human Rights heard from the former President of the Supreme Court, Baroness Hale, for the Committee's second session of the inquiry into the Government’s Independent Human Rights Act Review. To view the session, click here.

Leasehold and commonhold reform
On 7 February 2021 the House of Commons Library published a paper considering trends in leasehold ownership, ongoing problems associated with the sector, and Government plans for reform. The 2017 Government committed to legislate in this area "as soon as Parliamentary time allows". The Conservative Manifesto 2019 contained a pledge to “continue with our reforms to leasehold.” There is an intention to legislate in the forthcoming Parliamentary Session to set future ground rents to zero as the first part of "seminal two-part reforming legislation in this Parliament". The paper includes analysis of leasehold transaction data, including constituency statistics. For the paper, click here.

Breathing Space Scheme for people struggling with debt
On 4 February 2021 Arch published an article concerning the Government’s new debt respite scheme (the Breathing Space Scheme) which will give someone in problem debt the right to legal protections from creditors. Almost all kinds of debt can be included in a moratorium on enforcement action, including rent arrears, and local authority landlords will need to prepare for the introduction of the scheme in May 2021. For the article, click here. For the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, which govern the scheme, click here.

‘Chancellor must set up a Covid Rent Debt Fund’: Generation Rent
On 2 February 2021 Generation Rent called on the Chancellor of Exchequer to use the Budget next month to create a Covid Rent Debt Fund to clear rent arrears and keep renters in their homes. Under the proposal, the Government would clear renters’ arrears, keeping them in their homes, while allowing landlords to apply for compensation up to 80 per cent of the original monthly rent. Generation Rent says that this would cost around £288 million, based on estimates by Citizens Advice. For more details, click here.

£50 million fund to support students impacted by Covid-19
On 2 February 2021 the Department for Education announced £50 million of new funding intended to help students impacted by the pandemic, for example those facing additional costs for alternative accommodation, loss of employment, or extra costs to access their teaching online. Universities will distribute the funding and will be able to prioritise the funding to those most in need of help. For more details, click here. For the response of the National Residential Landlords Association, click here.

New affordable homes – Wales
On 3 February 2021 the Welsh Government published provisional statistics showing the number of additional affordable housing units delivered in Wales between April 2019 and March 2020. During that period:

• 2,940 additional affordable housing units were delivered across Wales. This is an increase on the 2,592 units delivered in the previous year and the 2019-20 figure is the highest annual total to date.
• Registered Social Landlords delivered over 80 per cent of all additional affordable housing provision (2,437 units).
• An additional 60 housing units were delivered under the Rent to Own – Wales scheme introduced in February 2018.

For the full statistics, click here.

Homelessness accommodation provision and rough sleeping: November 2020 – Wales
On 4 February 2021 the Welsh Government published information on persons placed into temporary accommodation and rough sleepers for November 2020. The main points are:

• Throughout Wales, 988 people presenting as homeless were placed into temporary accommodation during the month, 347 fewer than in October 2020. Of these, 136 were dependent children aged under 16, an increase of 21 from October 2020.
• At 30 November 2020, 4,855 individuals were in temporary accommodation, an increase of 120 from 31 October 2020. 1,258 of these were dependent children aged under 16, an increase of 98 from 31 October 2020.
• 572 homeless individuals were moved into suitable long-term accommodation, 94 fewer than in October 2020. Of the individuals moved into suitable long-term accommodation, 156 were dependent children aged under 16, 21 fewer than in October 2020.
• At 30 November 2020, there were 96 individuals sleeping rough throughout Wales. This is a decrease of 14 per cent from the 112 individuals sleeping rough at 31 October 2020.
• As at 30 November 2020, Newport (24), Cardiff (15) Caerphilly (14) and Ceredigion (10) were the local authorities reporting the highest numbers of individuals sleeping rough. All other local authorities reported fewer than 10 individuals sleeping rough, with eight local authorities reporting zero.

For the full data, click here.

Homelessness migrants with No Recourse to Public Funds – England
On 2 February 2021 Homeless Link announced, in conjunction with the No Accommodation Network (NACCOM), a new project aiming to improve the homelessness offer for migrants with No Recourse to Public Funds (NRPF) in England. With funding from the Lloyds Bank Foundation, the project will work with “services, commissioners and people with lived experience to develop a shared roadmap towards inclusive homelessness services”. For more information, click here.

Housing Ombudsman creates new resident panel
On 3 February 2021 the Housing Ombudsman announced that recruitment for a new Resident Panel has opened. The aim is to create a stronger resident voice by seeking input and feedback from residents as plans are developed. Initially it will be a virtual panel, made up of around 100 residents from a cross-section of landlords in the Housing Ombudsman Scheme. There will be a mix of residents reflecting the different types, size and location of landlords in the scheme. For more details, click here.

Rent arrears during pandemic
On 29 January 2021 HouseMark published its latest Covid-19 impact data which revealed that sector arrears have reached a record high, with more than £1 billion now outstanding in arrears. This represents “a global increase of around 30 per cent, which equates to an additional £300 million since March 2020. Forecasts estimate that arrears levels may not return to pre-pandemic levels until March 2022”. For more information, click here.

Single Living Accommodation: National Audit Office report
On 3 February 2021 the National Audit Office published a report on Single Living Accommodation (SLA), by which the Ministry of Defence has committed to provide service personnel in the Armed Forces with high-quality subsidised accommodation. SLA is normally in accommodation blocks inside military bases. At 31 October 2020, 79,963 service personnel, around 52 per cent of the total Armed Forces, occupied SLA, which can vary considerably by type and quality. According to the NAO, at this date, around half of SLA residents lived in ‘good’ SLA (Grade 1 and 2), but 36 per cent lived in poorer grade accommodation (Grade 4 or below). In addition, approximately two-fifths of SLA buildings are more than 40 years old, although MoD has confirmed that all SLA was built in compliance with the standards applicable at the time of construction. For the report, click here. For a press release in respect of it, click here.

‘Renters face supply crisis’: National Residential Landlords Association
On 5 February 2021 the National Residential Landlords Association called on the Chancellor of the Exchequer to scrap the three per cent stamp duty levy on the purchase of homes to rent where landlords invest in properties that add to the net supply of housing. This would include developing new housing, converting large properties into affordable units, changing the use of a property from commercial to residential or bringing one of the almost 650,000 empty homes in England back into use. For more information, click here.

HOUSING LAWS IN THE PIPELINE

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 amendments will be considered on the floor of the House on a date to be announced. 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.

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 Stage 1 motion to agree the general principles of the Bill was agreed in Plenary on 13 October 2020. Stage 2 began on 14 October 2020. Stage 2 consideration took place in Committee on 27 November 2020. Stage 3 commenced on 30 November 2020. Stage 3 consideration will take place in Plenary on 10 February 2021 to consider amendments to the Bill (as amended at Stage 2). Amendments may now be tabled to the Bill (as amended at Stage 2). For the bill as amended at Stage 2, all other documents relating to it, and to follow progress on the  bill, 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 amendments will be considered on the floor of the House on a date to be announced. 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.

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.

Welsh Ombudsman: New draft Guidance on the Code of Conduct for members of County and Community/Town Councils
The Ombudsman for Wales has published new draft Guidance on the Code of Conduct for members of County and Community/Town Councils. Any comments should be submitted to communications@ombudsman.wales by 28 February 2021. For the draft guidance, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Landlord & Tenant Webinar – Forfeiture & Rights of Entry Tom Tyson Trinity Chambers – to view the webinar, click here

The Guardian view on the cladding scandal: rip off panels, not people Editorial Guardian 2 February 2021 – to read the article, click here

The cladding scandal reveals how Britain treats its poorest people  Owen JonesGuardian 2 February 2021 – to read the article, click here

What the Social Housing White Paper says about: tenant and resident engagement Sarah Davis CIH Blog 2 February 2021 – to read the article, click here

'In the dark': millions left in flats they can't sell or fix due to unsafe cladding Hilary Osborne Guardian 2 February 2021 – to read the article, click here

Terminating flexible tenancies Anneli Robins Local Government Lawyer 2 February 2021 – to read the article, click here

Housing case law update – January 2021 Michael Owen, Natalie Hurst and Claire Hogan-Clark Local Government Lawyer 2 February 2021 – to read the article, click here

Incapacious respondents to closure order proceedings: Ealing LBC v M Siân McGibbon and Joshua Hitchens Local Government Lawyer 2 February 2021 – to read the article, click here

Fire safety, cladding and compartmentalisation John Murray and Stephen Radcliffe Local Government Lawyer 2 February 2021 – to read the article, click here

Judgement from Shelter’s second ‘No DSS’ court win reveals letting agent caused ‘distress and humiliation’ to disabled tenant Rose Arnall Shelter Blog 3 February 2021 – to read the article, click here

Flexible tenancies appear decidedly inflexible following recent Court of Appeal decision Rebecca Brady Devonshires 4 February 2021 – to read the article, click here

The cladding scandal: another symptom of our housing crisis Tarun Bhakta Shelter Blog 4 February 2021 – to read the article, click here

Domestic abuse: BEIS report and Acas guidance Emma Burrows and Nicola Ihnatowicz Trowers and Hamlins 4 February 2021 – to read the article, click here

#KeepTheLifeline: How evictions can pull people into poverty Georgette Thomas Joseph Rowntree Foundation 5 February 2021 – to read the article, click here

Business or government, we all have a role to play in fixing the housing crisis Stuart Heslop Shelter Blog 5 February 2021 – to read the article, click here

We must do more to protect domestic abuse survivors CIH Blog 8 February 2021 – to read the article, click here

Housing conditions: update (Feb 21) Catherine O'Donnell Legal Action February 2021– to read the article (subscription required), click here

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

HOUSING LAW DIARY

10 February 2021                                 
Consideration in Plenary of amendments to the Renting Homes (Amendment) (Wales) Bill (as amended at Stage 2) (see Housing Laws in the Pipeline)

18 February 2021                                 
Closing date for legal aid tenders for housing and debt advice

28 February 2021
Closing date for submissions to Welsh Ombudsman’s consultation on new draft Guidance on the Code of Conduct for members of County and Community/Town Councils (see Housing Law Consultations)

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