14th July 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

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.

HOUSING LAWS IN THE PIPELINE
 

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
 

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.

HOUSING LAW ARTICLES & PUBLICATIONS
 

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
HOUSING LAW DIARY
 

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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