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HOUSING
LAW NEWS & POLICY ISSUES
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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.
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HOUSING
LAWS IN THE PIPELINE
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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
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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.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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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
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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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