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HOUSING
LAW NEWS & POLICY ISSUES
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Right to rent document checks:
a user guide
On 9 July 2021 the Home Office
published updated guidance for landlords
and tenants on how right to rent checks
should be carried out and which
documents are acceptable. The guidance
provides information about the rules for
document checks, examples of acceptable
documents and frequently asked
questions. It also includes information
on:
- checking the validity of documents
- retaining evidence
- what a tenant can do if he or she
does not have standard identity
documents.
For the guidance, click
here.
Domestic Abuse Act 2021
(Commencement No. 1 and Saving
Provisions) Regulations 2021
These Regulations brought into
force on 5 July 2021 sections 1 and 2
(for limited purposes), section 76 (in
specified areas for a specified period)
and section 78 of the Domestic Abuse Act
2021. For the
Regulations, click
here. For the 2021 Act,
click
here.
Use of Discretionary Housing
Payments: financial year 2020 to 2021
On 8 July 2021 the Department
for Work and Pensions published analysis
of local authorities' use of
Discretionary Housing Payment (DHP)
funds, based on end-of-year monitoring
and financial returns received from 327
out of 336 local authorities. The main
findings are:
- Local authorities spent £171m on
DHPs, including any additional funding
they provided.
- This expenditure represented 98 per
cent of their allocated funding and
compares to 103 per cent in the
previous financial year.
- For local authorities that submitted
awards data, the total number of DHP
awards given out in the financial year
was 251,667.
- Excluding any additional funding
they provided, local authorities spent
94 per cent of their allocated
funding, compared to 98 per cent the
previous financial year.
- Slightly below two-thirds (63 per
cent) of DHP expenditure was recorded
as being related to a welfare reform,
with Removal of the Spare Room Subsidy
(RSRS) accounting for the greatest
share of expenditure (25 per cent).
- Over a quarter (27 per cent) of DHP
expenditure was recorded as being
related to moving to alternative
accommodation.
For the analysis, click
here.
Retained Right to Buy receipts
and their use for replacement supply:
guidance
On 8 July 2021 the MHCLG
published guidance on how local
authorities can use the money raised
from Right to Buy sales to deliver
replacement homes. The guidance
incorporates major changes to the RTB
pooling system that took effect from 1
April 2021. It takes account of the
amended terms of the Retention
Agreements to be concluded between the
Secretary of State and authorities under
section 11(6) of the Local Government
Act 2003 to enable them to retain RTB
receipts, and the amendments to the
Local Authorities (Capital Finance and
Accounting) Regulations 2003 that came
into force on 30 June 2021. For the
guidance, click
here.
Stigma and Social Housing in
England: new report
On 8 July 2021 ARCH reported on the
publication of a new report – Stigma
and Social Housing in England –
by Mercy Denedo (Durham University) and
Amanze Ejiogu (University of Leicester).
The report finds that prior to 1970,
“stigma attached to living in social
housing was not widespread and usually
stemmed from the construction and build
quality of estates. Over time, a
stigmatizing perception of social
housing as cheap and subsidised housing
also started to emerge. Post-1970s,
there was an intensification, spread and
normalization of stigma in English
social housing. Politicians, politics
and policies; news media and social
housing providers (including the local
councils) and a lack of a strong tenant
voice at local and national levels drove
this stigma”. The report concludes that
efforts to challenge social housing
stigma suffer from structural and
organisational issues like the lack of
funding, political will and
institutional support. For the report, click
here.
New guidance issued on complaint
handling for governing bodies: Housing
Ombudsman
On 6 July 2021 the Housing
Ombudsman reported that 23 complaint
handling failure orders had been issued
between April to June 2021, highlighting
problems with progressing complaints and
meeting the Ombudsman’s standards on
complaint handling. The second report on
failure orders marks one year since the
launch of the Ombudsman’s Complaint
Handling Code in July 2020 setting out
clear expectations on complaint handling
by landlords in the Housing Ombudsman
Scheme. The Ombudsman has also issued
new guidance on the effective
involvement of board members and
councillors, who have an important role
in promoting a positive complaints
culture within their organisations. The
guidance shares best practice, outlines
expectations of governing bodies and
sets out how complaints information can
support them to improve service
delivery. For more information, click
here.
Human Rights Act Review: Select
Committee report
On 8 July 2021 the Parliamentary Joint
Committee on Human Rights published its
report setting out their views on the
key topics underlying the review of the
Human Rights Act. The report considers
the terms of reference set for the
independent review and concludes that
there is no case for amending the Act.
As a result of the Human Rights Act,
human rights cases are now heard first
by UK judges in UK courts. Cases are
heard sooner; court action is less
prohibitively costly and UK judges are
able to take better account of the UK’s
national context. The report says that
as a result, the enforcement and
accessibility of human rights in the UK
has improved. For the report, click
here. For a summary, click
here. For the report’s
conclusions and recommendations, click
here.
Private renting – London
On 7 July 2021 the Mayor of
London, Sadiq Khan, warned that the cost
of renting privately in the capital
could increase by almost 20 per cent
over the next five years, unless he is
given powers to control the rental
market. Analysis by City Hall shows
that, if left unchecked, average asking
rents in the capital could rise by an
average of £370 a month to almost £2,300
over the next five years. For more
details, click
here.
English Housing Survey
The English Housing Survey is an annual
national survey commissioned by the
MHCLG. It collects information about
people’s housing circumstances and the
condition and energy efficiency of
housing in England. The latest survey
covers the period 2019 to 2020. Reports
relating to specific aspects of housing
are set out below. For more general
information about the English Housing
Survey, click
here.
English Housing Survey 2019 to
2020: social and private renters
On 8 July 2021 the MHCLG published
demographic and economic data on social
and private renters, including tables
on: demographic and economic
characteristics of renters;
accommodation characteristics; rents and
housing benefit; and types of letting.
To access the data, click
here.
English Housing Survey 2019 to
2020: attitudes and satisfaction
On 8 July 2021 the MHCLG published data
on levels of public satisfaction with
housing and community issues, including
tables on: satisfaction with local area
and accommodation; problems in local
area; feelings of safety in home and
local area; and satisfaction with
landlord repairs and maintenance. To
access the data, click
here.
English Housing Survey 2019 to
2020: new households and recent movers
On 8 July 2021 the MHCLG published data
on the mobility, demographics and
tenancies of new households and ones
that have recently moved, including
tables on: mobility among all
households; length of residence;
demographic characteristics of movers;
movement between tenures; movement into
and out of tenures; and tenancy
deposits. To access the data, click
here.
English Housing Survey 2019 to
2020: tenure trends and cross-tenure
analysis
On 8 July 2021 the MHCLG published data
on the nature and number of tenancies,
including tables on: national tenure
trends; cross-tenure comparisons of
characteristics of households and their
accommodation; overcrowding and
under-occupation; and need for specially
adapted accommodation. To access the
data, click
here.
English Housing Survey 2019 to
2020: owner occupiers, recent first
time buyers and second homes
On 8 July 2021 the MHCLG
published data on ownership, mortgages
and second homes for owner occupiers and
first time buyers in England, including
tables on: trends in ownership; types of
purchase; recent first-time buyers;
types of mortgage; mortgage payments;
leaseholders; moves out of owner
occupation; and second homes. To access
the data, click
here.
English Housing Survey 2019 to
2020: data on energy performance
On 8 July 2021 the MHCLG published data
on energy performance of dwellings,
including tables on: heating and
insulation. To access the data, click
here.
English Housing Survey 2019 to
2020: data on dwelling condition and
safety
On 8 July 2021 the MHCLG
published data on dwelling condition and
safety, including tables on: Decent
Homes criteria; health and safety; damp
and mould; and repair costs and
electrical safety. To access the data, click
here.
English Housing Survey 2019 to
2020: feeling safe from fire
On 8 July 2021 the MHCLG
published a report on the extent to
which people feel safe from fires in
their homes. The release provides
information on whether people feel safe
from fire in their homes, and whether
this varies by tenure, dwelling type,
age and ethnicity. Data was collected
between April 2019 and March 2020 as
part of the English Housing Survey. For
the report, click
here.
English Housing Survey 2019 to
2020: home ownership
On 8 July 2021 the MHCLG
published a report on the housing
circumstances and characteristics of
owner occupiers in England. The report
presents a profile of outright owners
and mortgagors, along with comparisons
to the social and private rented
sectors. It analyses housing costs and
housing flows, as well as conditions and
energy efficiency of owner occupied
homes. For the report, click
here.
English Housing Survey 2019 to
2020: home adaptations
On 8 July 2021 the MHCLG
published a report on adaptations
required and installed in homes where
households include one or more persons
with a long term limiting disability.
Home adaptations can range from simple
grab rails and ramps to accessible
shower rooms and stair lifts. For the
report, click
here.
English Housing Survey 2019 to
2020: private rented sector
On 8 July 2021 the MHCLG published a
report on the housing circumstances and
characteristics of private renters in
England. The report presents a profile
of those living in the private rented
sector, housing costs and affordability,
housing history and future aspirations,
as well as conditions and energy
efficiency within the private rented
sector. For the report, click
here.
English Housing Survey 2019 to
2020: social rented sector
On 8 July 2021 the MHCLG published a
report on the characteristics and
circumstances of social renters in
England. The report presents a profile
of households living in the social
rented sector, housing costs and
affordability, housing history and
future aspirations, as well as
conditions and energy efficiency within
the social rented sector. For the
report, click
here.
Estimated number of leasehold
dwellings 2019 to 2020– England
On 8 July 2021 the MHCLG published
statistics which provide an estimate of
the number of leasehold dwellings in
England, by tenure, dwelling type and
region. In 2019-20:
- There were an estimated 4.6 million
leasehold dwellings in England. This
equates to 19 per cent of the English
housing stock. Of these, 2.6 million
dwellings (56 per cent) were in the
owner occupied sector and 1.8 million
(39 per cent) were privately owned and
let in the private rented sector. The
remaining 269,000 (6 per cent) were
dwellings owned by social landlords
and let in the social rented sector.
- More than two-thirds (68 per cent,
3.2 million) of the leasehold
dwellings in England were flats; 32
per cent (1.5 million) were houses.
- At regional level, London and the
North West had the highest proportion
of leasehold dwellings, at 34 per cent
and 31 per cent respectively, while
the East Midlands had the lowest (9
per cent).
For the report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 will receive its second
reading on 21 July 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 8 July 2021, click
here. To follow
progress of the Bill, 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. The
Bill will now proceed to the report
stage which is yet to be scheduled. For
the Bill as introduced, 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) Bill
This Private Members’ Bill, sponsored by
Peter Bone, would require banks to
provide current accounts for homeless
people seeking work. It was presented to
Parliament on 21 June 2021 and will
receive its second reading on 22
October 2021.The Bill awaits
publication. To follow progress of the
Bill, click
here.
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HOUSING
LAW CONSULTATIONS
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Domestic abuse support within
safe accommodation: statutory guidance
and regulations consultation
In this consultation, the MHCLG
seeks views on the draft statutory
guidance and the following draft
statutory instruments:
- The Domestic Abuse Support (Relevant
Accommodation) Regulations 2021
- The Domestic Abuse (Local Authority
Strategies) Regulations 2021
On 29 April the Domestic Abuse Act
2021 received Royal Assent. The Act
includes within Part 4 (sections 57-61)
new duties on tier 1 local authorities
in England relating to the provision of
support for victims and their children
residing within relevant safe
accommodation and a duty on tier 2
authorities to co-operate with tier 1
authorities.
The Act also places a requirement to
consult on the statutory guidance and
two regulations. Under section 60 of
Part 4 of the Act, the Secretary of
State is required to consult on and
issue statutory guidance to assist local
authorities in exercising their new
functions. Once finalised, local
authorities will need to have regard to
the guidance in exercising their
functions.
For the consultation documents, click
here. The consultation
closes on 27 July 2021.
Personal Emergency Evacuation
Plans
Following the Fire Safety Consultation,
which ran from 20 July to 12 October
2020, the Home Office is seeking views
on new proposals to implement the
Grenfell Tower Inquiry Phase 1
recommendations on Personal Emergency
Evacuation Plans (PEEPs) in high-rise
residential buildings. This consultation
supports delivery of two of the Grenfell
Tower Inquiry Phase 1 recommendations
and is part of the government’s package
of reforms to improve building and fire
safety in all regulated premises where
people live, stay or work.
For a full package of documents to
support this consultation, which closes
on 19 July 2021, click
here.
Warm Home Discount: better
targeted support from 2022
The Warm Home Discount scheme obliges
participating energy suppliers to
provide rebates to their customers, to
reduce energy bills for low-income and
vulnerable households and tackle fuel
poverty.
This consultation proposes to expand and
reform the scheme in England and Wales
until 2026, in line with the commitments
announced in the Energy White Paper in
2020. The objective of the reforms is to
improve the fuel poverty targeting rate
of the scheme and ensure more fuel poor
households can receive rebates on their
energy bills automatically, through the
use of data matching. The Department for
Business, Energy & Industrial
Strategy would particularly welcome
responses from energy suppliers and
charities and other organisations
focusing on fuel poverty and vulnerable
people.
For the consultation, which closes on 22
August 2021, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Building Safety Bill Update
Devonshires 7
July 2021 – to read the article, click
here
Good news for landlords! No
requirement to provide EPC for
pre-2015 tenancies Michael
Grant Local Government Lawyer
8 July 2021 – to read the article, click
here
Housing case law update -
June 2021 Daniel
Skinner, Sarah Christy and Laura Waby
Local Government Lawyer 8 July
2021 – to read the article, click
here
'This bill will lead to the
criminalisation of people for being
homeless' Alastair
Harper Shelter Blog 8 July
2021 – to read the article, click
here
Doors, fixtures and demises
Giles Peaker Nearly
Legal 8 July 2021 – to read the
article, click
here
The Building Safety Bill
2021: a summary guide Rebecca
Rees Trowers and Hamlins 8
July 2021 – to read the article, click
here
The Domestic Abuse Act 2021:
What does it mean for social housing
providers? Tara
O’Leary Local Government Lawyer
8 July 2021 – to read the article, click
here
Committed to committal Giles
Peaker Nearly Legal 8 July
2021 – to read the article, click
here
Co-Production in Action Vicky
Album Homeless Link 8 July
2021 – to read the article, click
here
The New Model for Shared
Ownership Lease: a decade of repair
costs for landlords Mark
Foxcroft Local Government Lawyer
8 July 2021 – to read the article, click
here
3 tests the Heat and
Buildings Strategy must pass Dhara
Vyas Citizens Advice 9 July
2021 – to read the article, click
here
Introduction of the Building
Safety Bill Lorna
Kenyon Local Government Lawyer
9 July 2021 – to read the article, click
here
Domestic Abuse Act: a missed
opportunity? Sue
James, Cris McCurley and Marina Sergides
Legal Action July 2021 – to
read the article, click
here
Gypsy and Traveller: case
note – Barking and Dagenham LBC and
others v Persons Unknown and others
Chris Johnson, Marc
Willers QC, Owen Greenhall and Tessa
Buchanan Legal Action July /
August 2021 – to read the article
(subscription required), click
here
HB and UC housing costs:
update 2021 (Jul/Aug 21) Bethan
Harris, Desmond Rutledge and Kevin
Gannon Legal Action July /
August 2021 – to read the article
(subscription required), click
here
Housing: anonymity orders
(Jul/Aug 21) Sioned
Wyn Roberts Legal Action July /
August 2021 – to read the article
(subscription required), click
here
Housing: recent developments
(July/ August 21) Sam
Madge-Wyld and Jan Luba QC Legal
Action July / August 2021 – to read
the article (subscription required), click
here
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19 July 2021
Closing date for responses to the
consultation on Personal Emergency
Evacuation Plans (see Housing Law
Consultations)
21July 2021
Second reading in the House of Lords of
the Building Safety Bill (see Housing
Laws in the Pipeline)
27 July 2021
Closing date for responses to the
consultation on Domestic abuse support
within safe accommodation: statutory
guidance and regulations consultation
(see Housing Law Consultations)
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