10th November 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

End of the ‘overall arrangements for possession proceedings’
On 3 November 2021 the Master of the Rolls, Sir Geoffrey Vos, released a statement confirming that following the end, on 1 November 2021, of the stay of proceedings in possession cases in consequence of the Covid-19 pandemic, the procedures to be followed for the future are those set out in Rules and Practice Directions. A cross-sector working group, under the leadership of Mr Justice Knowles, has been working to ensure that the courts are prepared for the resumption of possession proceedings, and that so far as possible court users are not adversely effected by the resumption of proceedings. The group produced a report in July 2021, which can be obtained by those interested from the office of the Master of the Rolls. For the full statement, click here.

Building Back Britain Commission releases first report
On 5 November 2021 the Building Back Britain Commission advised ministers that a “radical rethink” on housing delivery is needed if the Government is to succeed in levelling up the country, as new research, published by the Commission, revealed that over the next two decades as many as 140,000 homes will be required every year, particularly in the North and the Midlands. Key findings of the report include:

  • Over the next 20 years around 86,000 to 140,000 homes will be needed every year in the areas government defines as most in need of levelling up – a third of these will be ‘affordable housing’.
  • This is around an additional 13,000 to 67,000 homes every year compared to the Government’s current estimates for those areas.
  • Birmingham would require the largest increase in new homes. Currently, 4,829 homes a year have been earmarked under the standard way the Government assesses need. This would rise to 12,430 homes a year under a scenario based on future growth.
  • Manchester requires the second largest increase in new homes. Using the present housing assessment, 3,527 homes are needed a year. This more than doubles to 7,469 homes a year based on future growth.

For the report, click here. For a press release related to the report, click here. For the response of the Local Government Association, calling for further reform of Right to Buy, click here.

Legal aid: Housing Possession Court Duty Scheme
On 1 November 2021 the Legal Aid Agency announced that it was making two changes to the Housing Possession Court Duty Scheme (HPCDS) contract, which took effect on 1 November 2021 and will initially be in place until 30 April 2022. The changes are:

  • providers will now be able to claim both the HPCDS fee and the legal help matter start fee when a client assisted through the HPCDS goes on to be assisted under legal help;
  • where a provider attends court for a possession listing and no clients are seen, ie a nil session, or only one client is seen, they will now be able to claim as though they have seen two clients, ie two HPCDS fees will be claimed and paid.

The arrangements will be reviewed on a six-month rolling basis. For revised HPCDS provider guidance and reporting tools, click here.

Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2021
This Order, which comes into force on 29 November 2021, designates the parishes listed in the Schedule to the Order as rural areas under section 157(1)(c) of the Housing Act 1985 (the Act), and provides for the regions of South Somerset, West Lindsey and Wyre to be designated regions under section 157(3) of the Act in relation to dwelling-houses situated in the designated rural areas falling within those districts. Where a dwelling-house in a designated rural area is sold under the right to buy, the vendor may, in the circumstances specified by respectively sections 157 and 156A of the Act, impose a covenant requiring its consent to any further disposal or reserve a right of pre-emption. For the Order, click here. For the Act, click here.

Guidance for landlords on disrepair claims: Housing Ombudsman
On 3 November 2021 the Housing Ombudsman issued new guidance for landlords on disrepair claims and the complaints process alongside the publication of the new Spotlight report on damp and mould. The guidance aims to support case handling between the landlord and resident in order to minimise legal action “that could prove stressful, costly and time-consuming for both residents and landlords”. It sets out the Housing Ombudsman’s approach to assessing cases involving potential legal claims where the Ombudsman will often consider how the landlord handled both the substantive repairs complained of and the associated formal complaint. For the guidance, click here. For the Spotlight report on damp and mould, click here.

More specialist support for LGBT+ victims of domestic abuse needed: Domestic Abuse Commissioner
On 3 November 2021 the Domestic Abuse Commissioner launched a report, produced by the charity Galop, which shows the need for more specialist support for LGBT+ victims of domestic abuse. Amongst many recommendations, the report calls for increased emergency accommodation and housing programs/provision for LGBT+ people and in particular for GBT+ men and non-binary people. For the report, click here.

Rehousing victims of domestic abuse
From 1 November 2021 section 79 of the Domestic Abuse Act 2021 amends Part 4 of the Housing Act 1985 to require local authorities to grant certain current or former victims of domestic abuse a new lifetime secure tenancy when housing or rehousing them for reasons connected with that abuse. For section 79, click here. For the Domestic Abuse Act 2021 (Commencement No. 2) Regulations 2021, which brings into force section 79, click here.

Coronavirus: Support for landlords and tenants
On 5 November 2021 the House of Commons Library published an updated briefing paper explaining measures during the coronavirus outbreak to help renting households retain their homes. It covers calls for more assistance to prevent evictions and homelessness. For the briefing paper, click here.

Building Safety Bill: Redress factsheet published
On 8 November 2021 the DLUHC published within its suite of factsheets explaining the provisions in the Building Safety Bill and how they will be implemented, a factsheet detailing changes that are intended to enhance the ability of building owners, homeowners, and leaseholders to seek compensation for defective work carried out on their properties. For the factsheet, click here.

Mobile (park homes): 10 per cent commission on sales
On 2 November the House of Commons Library published a research briefing explaining the requirement to pay 10 per cent commission on the sale price of a mobile (park) home to the site owner and providing information on the various reviews of that requirement. For the paper, click here.

Stigma and social housing in England
On 1 November 2021 the National Federation of ALMOs published its response to a series of consultation questions following up research into the stigmatisation of social housing undertaken by Durham University and the University of Leicester. The response links the stigmatisation of social housing to its rarity and calls for a “new generation of generally affordable high quality housing. For the response, click here.

Retrofitting social homes – Wales
On 2 November 2021 the Welsh Government announced an additional £150 million to retrofit social homes with new technologies and insulation to help curb Wales’ emissions. For the announcement, go to gov.wales, click on ‘housing’ and then on ‘announcements’.

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

  • Throughout Wales, 1,183 people presenting as homeless were placed into temporary accommodation during the month, 27 fewer than in July 2021. Of these, 252 were dependent children aged under 16, an increase of 29 from July 2021.
  • At 31 August 2021, 6,817 individuals were in temporary accommodation, an increase of 132 from 31 July 2021. 1,645 of these were dependent children aged under 16, an increase of 22 from 31 July 2021.
  • Between the beginning of the Covid-19 pandemic and the end of August 2021, over 14,300 people who were previously homeless have been supported into emergency temporary accommodation.
  • 525 homeless individuals were moved into suitable long-term accommodation, 92 more than in July 2021. Of the individuals moved into suitable long-term accommodation, 171 were dependent children aged under 16, an increase of 47 from July 2021.
  • At 31 August 2021, there were an estimated 110 individuals sleeping rough throughout Wales. This is an increase of 7 from the 103 individuals sleeping rough at 31 July 2021.
  • As at 31 August 2021, Cardiff (25), Newport (16), Pembrokeshire (13), Swansea (10), Caerphilly (9) and Monmouthshire (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 seven local authorities reporting zero.

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

Local authority secures an unlawful profit order for subletting since 2003
On 4 November 2021 Cornerstone Barristers reported that the London Borough of Southwark had obtained a forthwith possession order and an unlawful profit order in the sum of £113,393.22 against secure tenants who had not occupied their property since around December 2003. Since that date, they had sublet and parted with possession of the whole. HHJ Luba QC – who described such subletting as a "blight on our modern society" – found:

(a) The property had been sublet and the tenants had parted with possession of the whole so that security of tenure was lost pursuant to section 93, Housing Act 1985.

(b) The notice to quit operated so as to end the contractual tenancy and a possession order should be granted forthwith.

(c) The criteria in section 5 of the Prevention of Social Housing Fraud Act 2013 were satisfied: there has been subletting and parting with possession in breach of express and implied terms of the tenancy, the tenants were not occupying the property as their only or principal home and a tenant had received money as a result of that conduct.

For the report, click here.

Grenfell Tower Inquiry
On 2 November 2021 the Grenfell Tower Inquiry updated the provisional timetable for Phase 2 hearings to include approximate timings for opening and closing submissions. The timetable is subject to change depending upon the Inquiry's continuing investigations and planning which may affect the length of each module. To view the provisional timetable, click here.

Landlord fined and sentenced to a community order for gas safety breaches
On 3 November 2021 the Health and Safety Executive reported that a landlord has been sentenced to a 12-month community order and ordered to pay costs of £3,292.05 and a victim surcharge of £85 for failing to maintain gas appliances at a rental property. Colchester Magistrates’ Court heard that landlord Hannah Leek had failed in her duty to have the gas appliances at her rental property in Tendring, Essex, regularly inspected and maintained and failed to provide a Landlord Gas Safety Record.  Ms Leek also failed to comply with an Improvement Notice issued by an HSE inspector which required her to take action to deal with these issues. For the report, click here.

Affordable housing – London
On 4 November 2021 the Mayor of London, Sadiq Khan, stated that new analysis of planning data shows that the proportion of affordable homes in schemes approved by City Hall has nearly doubled – from 22 per cent in 2016 to 40 per cent in 2020. The introduction of the planning Fast Track Route for schemes that include at least 35 per cent affordable housing – or 50 per cent on public or redeveloped industrial land – has seen the number of planning applications meeting this threshold increase by 45 per cent since 2018. For the Mayor’s press release, click here.

Private renting: Landlords forced to rely on savings to cover lost rental income
On 5 November 2021 the National Residential Landlords Association reported the findings from research conducted by BVA/BDRC for the NRLA which shows that 61 per cent of those landlords who, in the second quarter of the year, had offered at least one tenant a rent free or deferred rent period absorbed the losses from their savings. The NRLA is warning that reliance on landlord savings is not sustainable in supporting tenants facing rent problems. For the report, 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 Public Bill Committee completed its scrutiny on 26 October 2021. The Bill is now due to have its report stage and third reading on a date to be announced. For the Bill as amended in Committee, click here. For the Government response to the Housing, Communities and Local Government Committee's pre-legislative scrutiny of the Bill, click here. For a House of Commons Library briefing about the Bill, published on 16 July 2021, click here. To follow progress of the Bill, click here.

Fire and Building Safety (Public Inquiry) Bill
This Bill, sponsored by Daisy Cooper, would establish an independent public inquiry into the Government’s response to concerns about fire and building safety. It was introduced to Parliament on Tuesday 6 July 2021 under the Ten Minute Rule. Second reading has been rescheduled to 18 March 2022. For the Bill, as introduced, click here

Evictions (Universal Credit) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Housing Standards (Refugees and Asylum Seekers) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for national minimum standards in accommodation offered to refugees and asylum seekers. It was presented to Parliament on 21 June 2021 and will receive its second reading on 21 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Under-Occupancy Penalty (Report) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would require the Secretary of State to report to Parliament on the merits of repealing those provisions of the Welfare Reform Act 2012 which provide for persons to be paid reduced rates of housing benefit or Universal Credit because their accommodation is deemed to be under-occupied. It was presented to Parliament on 21 June 2021 and will receive its second reading on 14 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal; and establish asylum seeker accommodation eviction procedures for public authorities. It was presented to Parliament on 21 June 2021 and will receive its second reading on 3 December 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Sites Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the requirements for caravan site licence applications made under the Caravan Sites and Control of Development Act 1960. It was presented to Parliament on 21 June 2021 and its second reading has been postponed to 19 November 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the Mobile Homes Act 1983. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Site Licensing (Exemptions of Motor Homes) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would exempt motor homes from caravan site licensing requirements. It was presented to Parliament on 21 June 2021 and will receive its second reading on 29 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Homeless People (Current Accounts) Bill
This Private Members’ Bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. It was presented to Parliament on 21 June 2021 and its second reading has been postponed to 26 November 2021.The Bill awaits publication. To follow progress of the Bill, click here.

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HOUSING LAW CONSULTATIONS
 

Housing Ombudsman’s consultation on three year plan
The Housing Ombudsman has launched a consultation on its Corporate Plan for 2022-25. Set within the context of an unprecedented increase in the volume of casework and major change in the social housing sector, the plan reinforces the changing role and importance of complaint handling.  The Housing Ombudsman has experienced significant increases in demand with a 139 per cent increase in enquiries and complaints in the year to date compared with 2020-21, plus a 65 per cent increase in cases for formal investigation. Externally, the implementation of the Social Housing White Paper and future policy changes to improve access to complaints are likely to sustain increasing volumes of casework. 

The Corporate Plan aims to respond to this increase in complaints and it sets out ways the Ombudsman will work with the sector to promote fairness through investigations, strengthen complaint handling, encourage learning to improve services and potentially prevent complaints. 

Built around values of fairness, learning, openness and excellence, the key elements of the plan are to:

  • Increase awareness of the Ombudsman’s role, together with improving access to our service for those facing barriers.
  • Extend fairness through high-quality, inquisitorial and impartial investigations to establish if there was service failure with robust remedies and undertake thematic inquiries into systemic issues.
  • Use proactive interventions to improve landlords’ complaint handling and support earlier, local resolution for the benefit of all residents.
  • Establish a Centre for Learning to promote complaint handling excellence among social landlords by using insight from our casework, data and intelligence.

For the consultation, which closes on 12 November 2021, click here.  

HOUSING LAW ARTICLES & PUBLICATIONS
 

Destination Zero Emily Braham NFA 1 November 2021 – to read the article, click here

There’s a cheque on the table – s.21 and return of deposit Giles Peaker Nearly Legal 2 November 2021 – to read the article, click here

Transforming Rehabilitation: Impact and Lessons Learned Donna Lawson Shelter Blog 2 November 2021 – to read the article, click here

Housing case law update: October 21 Daniel Skinner, Sarah Christy and Kirsten Taylor Local Government Lawyer 3 November 2021 – to read the article, click here

How do you solve the problem of funding retrofit work? Chris Paul and Naomi Roper Trowers and Hamlins 3 November 2021 – to read the article, click here

5 reasons we took to the streets for a Renters’ Reform Bill Sophie Wills-Virk Shelter Blog 4 November 2021 – to read the article, click here

What it’s like for young people facing homelessness in winter Pascale Day Centrepoint 5 November 2021 – to read the article, click here

Health and Care Reforms are an Opportunity for Homelessness Organisations Sue Christoforou Homeless Link 5 November 2021 – to read the article, click here

Britain’s hidden homeless kids: how children are being failed by our broken housing system Osama Bhutta Shelter Blog 5 November 2021 – to read the article, click here

Damp and Mould – “It’s not lifestyle” Giles Peaker Nearly Legal 7 November 2021 – to read the article, click here

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

HOUSING LAW DIARY
 

12 November 2021                               
Deadline for submissions to the Housing Ombudsman’s consultation on three-year plan (see Housing Law Consultations)

19 November 2021                               
Postponed second reading of Caravan Sites Bill (see Housing Laws in the Pipeline)

23 November 2021                               
Public Bill Committee scrutinising the Judicial Review and Courts Bill expected to report to the House of Commons

26 November 2021                               
Postponed second reading of Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

29 November 2021                               
Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2021 comes into force (see Housing Law News and Policy Issues)

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