HOUSING LAW NEWS & POLICY ISSUES

Legal aid statistics quarterly: July to September 2021
On 16 December 2021 the Ministry of Justice published legal aid statistics for July to September 2021. During that period, there were 6,422 legally aided housing cases (up 32 per cent on a year ago) costing £4.5 million (down 30 per cent on a year ago). Over 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In July to September 2021 there was a 36 per cent increase in housing work starts compared to the same quarter the previous year. There were also increases in completed claims (61 per cent) and expenditure (2 per cent). For the full statistics, click here.

Consultation launched on reforms to Human Rights Act
On 14 December 2021 the Ministry of Justice launched a consultation on its proposals to revise the Human Rights Act 1998 and replace it with a Bill of Rights. The government says that the proposed new legislation aims to strike a proper balance between individuals’ rights, personal responsibility and the wider public interest. This would be achieved while retaining the UK’s commitment to the European Convention on Human Rights (ECHR). According to the MoJ, the proposed measures will restore Parliament’s role as the ultimate decision-maker on laws impacting the UK population, allowing more scope to decide how we interpret rulings from the European Court of Human Rights in Strasbourg, so putting an end to “us gold plating any decisions made by Strasbourg when we incorporate them into UK law”.

The MoJ adds that the plans will give the Supreme Court more ability to interpret human rights law in a UK context without fear of intervention from Strasbourg. Proposals also include measures to introduce a permission stage which will intercept “frivolous” claims. The consultation closes on 8 March 2022. For the announcement of the consultation, click here. For the consultation document, click here. For the response of the Equality and Human Rights Commission, click here.

Freehold houses: estate charges
On 18 December 2021 the House of Commons Library published a paper covering requirements on freeholders to pay for the upkeep of an estate’s communal areas and facilities, known as ‘fleecehold’, and setting out the Government’s proposed reforms. For the paper, click here.

Rough sleepers and vaccination
On 20 December 2021 the DLUHC announced £28 million funding intended to help rough sleepers to get their COVID-19 vaccines and move into safe accommodation over the winter. The Protect and Vaccinate scheme will help to increase vaccine uptake among people who are homeless and sleeping rough, supporting those who are hesitant about getting their vital booster jabs and funding emergency accommodation to get people off the streets. For more details, click here.

Grenfell Tower: Firm linked to refurbishment blocked from government housing scheme
On 16 December 2022 the DLUHC announced that Rydon Homes, which has been linked to the refurbishment of Grenfell Tower, is being excluded from the government’s Help to Buy scheme, pending the outcome of the Grenfell Inquiry. This follows concerns over unacceptable business practices in their company group. For the announcement, click here.

Ventilation guidance for landlords and residents to help combat the transmission of COVID-19 during winter
On 16 December 2021 the DLUHC published a letter from the Housing Minister to all local authorities in England to summarise ventilation guidance and encourage behaviours by landlords and residents to help reduce the transmission of COVID-19 in residential settings. For the letter, click here.

Traveller caravan count: July 2021 – England
On 15 December 2021 the DLUHC published data from the count of traveller caravans in England which took place in July 2021. The data show:

• Overall, the number of traveller caravans has increased since the last count in July 2019. The total number of traveller caravans in England in July 2021 was 24,203. This is 770 (3 per cent) more than the 23,433 reported in July 2019.
• The growth in number of caravans has been led mainly by a rise in the number of private caravans (with permanent planning permission), resulting in an increase in the total authorised caravans despite a decrease in socially rented caravans.
• The number of caravans on authorised privately funded sites was 14,785. This was 1,183 more (9 per cent) than the 13,602 recorded in July 2019.
• The number of caravans on authorised socially rented sites was 6,395. This is a decrease of 323 (5 per cent) since the July 2019 count, which recorded 6,718.
• Overall, the July 2021 count indicated that 88 per cent of traveller caravans in England were on authorised land and that 12 per cent were on unauthorised land.
• The number of unauthorised caravans has decreased since July 2019, with this decrease stemming from a decline in caravans on sites on land not owned by Travellers, counteracting a slight increase in the number of unauthorised caravans on sites on Travellers’ own land.
• The number of caravans on unauthorised developments on land owned by Travellers was2,316. This is an increase of 238 (11 per cent) compared to the July 2019 figure of 2,078.
• The number of caravans on unauthorised encampments on land not owned by Travellers was 707. This was 328 caravans fewer (32 per cent) than the July 2019 count of 1,035.

For the statistical release, click here.

Requirement of six months’ notice before eviction extended until March 2022 – Wales
On 17 December 2021 the Welsh Government announced a further extension to the emergency legislation requiring landlords to provide a minimum of six months’ written notice in most cases before evicting a tenant. The legislation will now remain in place until 24 March 2022. For the announcement, go to wales.gov, click on ‘housing’ and then on ‘Announcements’. For the response of the NRLA, click here.

COVID-19 emergency accommodation survey data: January 2021
On 15 December 2021 the DLUHC published new management information about the support for rough sleepers and those at risk of rough sleeping during the COVID-19 pandemic, including for the first time monthly single night snapshots of rough sleeping and nationality information for those in emergency accommodation. For the information, click here.

Private rental market summary statistics in England: October 2020 to September 2021
On 15 December 2021 the Office for National Statistics published median monthly rental prices for the private rental market in England, calculated using data from the Valuation Office Agency. The main points are:

• The median monthly rent was £755 for England, recorded between October 2020 and September 2021; this is the highest ever recorded.
• London had the highest median monthly rent at £1,425; this is nearly double the median monthly rent for England.
• The North East had the lowest median monthly rent at £500.
• The difference in monthly rental price between the most and least expensive local authorities was nearly £1,800.

For the full figures, click here.

Homelessness and employment
On 16 December 2021 Crisis published the results of research showing that four out of 10 employers (42 per cent) would likely seek to terminate an employee’s contract if they were homeless, despite nearly one in four households in England being at risk of or experiencing homelessness. The research draws on a survey of 250 UK employers, new analysis of UK government homelessness data and in-depth interviews with people from across Great Britain who have experienced being in-work and homeless in the last two years. The report also highlighted the following regional disparities in the number of people trying to hold down a job without a home:

• The highest proportion of working households facing homelessness are in the East of England (25 per cent) closely followed by London (24 per cent) where challenges with high rents and a lack of affordable housing remain pervasive. As of September, London now has more people on zero hour contracts than at any point since 2013. 
• Bracknell Forest (41 per cent) in Berkshire and Hyndburn (38 per cent) in Lancashire have the greatest number of workers who are at risk of or experiencing homelessness compared to the rest of England. 
• While traditional housing costs have remained lower in the North of England compared to the South there is an indication that this is beginning to change, with the North West having the third highest number of people in full-time work facing homelessness just behind the South East and London. 

For more details, click here.

Homelessness: April 2020 to March 2021 – Wales
On 16 December 2021 the Welsh Government published data on the number of households applying to local authorities for housing assistance under the Housing Wales Act 2014 and the number of households in temporary accommodation from April 2020 to March 2021. The data show that during that period:

• 7,290 households were threatened with homelessness, a decrease of 27 per cent on 2019-20.
• Homelessness was successfully prevented for at least six months in 65 per cent of cases.
• 13,161 households were assessed as homeless and owed a duty to help secure accommodation, a 6 per cent increase on 2019-20.
• Homeless households were successfully helped to secure accommodation in 39 per cent of cases.
• 3,795 households were identified as unintentionally homeless and in priority need, a 24 per cent increase on 2019-20.
• Homeless households accepted an offer of settled suitable accommodation in 75 per cent of cases.
• At 31 March 2021, 3,729 households were placed in temporary accommodation, an increase of 60 per cent on March 2020.
• At 31 March 2021, 1,463 households were placed in temporary B&B accommodation, an increase of 196 per cent on March 2020.

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

Private renting: effect of tax changes on the rental market
On 20 December 2021 the National Residential Landlords Association reported the results of research, carried out for it by the London School of Economics, revealing that over half of private landlords responding to a new survey say recent tax changes in the rental market have deterred them from making further investment and acquiring more properties. The changes have included restricting mortgage interest relief to the basic rate of income tax, a three per cent stamp duty levy on the purchase of additional homes and a decision to cut Capital Gains Tax to 18 per cent for everything other than on gains from the sale of residential property. For the report, click here.

Housing Ombudsman: Complaints added to online casebook
On 14 December 2021 the Housing Ombudsman reported that a group complaint about parking and a shared owner’s complaint about windows are among the latest additions to its online casebook, demonstrating the impact of its decisions on individuals and for wider benefit. The casebook, which has now reached more than 1,200 decisions, provides an ever-expanding resource, sharing learning for the sector and demonstrating the difference complaints can make. For the report, click here. For the casebook itself, click here.

Regulator of Social Housing: Regulation fees 2022/23
On 16 December 2021 the Regulator of Social Housing wrote to all registered providers stating that overall fees will be held at the same amount for 2022/23. The fee per unit paid by large providers, with 1,000 or more units, will be £5.31. This is a reduction from last year’s level of £5.36 due to sector growth. Fees for providers with fewer than 1,000 units will remain at £300 per year. For the letter, click here.

HOUSING LAWS IN THE PIPELINE

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. Second reading has been further postponed to 14 January 2022.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. Second reading has been further postponed to 14 January 2022. 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 was been further postponed to 21 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. The second reading has been postponed to 14 January 2022.The Bill awaits publication. 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. 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 received its second reading debate on 29 November 2021. The Public Bill Committee reported the Bill with amendments to the House on 9 December 2021. The Bill is due to have its report stage and third reading on a date to be announced. For the second reading debate, click here. For the Bill as brought from the House of Lords, click here. For a House of Commons Library briefing concerning the Bill, published on 25 November 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.

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.

HOUSING LAW CONSULTATIONS

Housing Legal Aid: the way forward
The Ministry of Justice is consulting on a proposed new model for the delivery of housing possession legal aid. This aims to ensure the sustainability of the service and to improve the breadth and quality of advice available for individuals facing the loss of their home. The key proposals in this consultation are:

• remodelling the delivery of the Housing Possession Court Duty Scheme (HPCDS) to become a new Housing Loss Prevention Advice Service (HLPAS), incorporating both the existing service of advice and representation at court but also early legal advice before court;
• expanding the scope of legal aid so that HLPAS providers can offer early legal advice on social welfare law matters to individuals facing procession proceedings;
• contracts for individual courts rather than larger geographical areas;
• allowing providers to claim for the court duty fee in addition to a Legal Help fee for follow on work; and
• introducing a set attendance fee for all schemes, replacing the existing nil session payment.

The consultation closes on 20 January 2022. For the consultation document, click here.

Regulator of Social Housing: Consultation on the introduction of tenant satisfaction measures
The Regulator of Social Housing is seeking views on its proposals for tenant satisfaction measures which are part of implementing changes to consumer regulation set out in the Government’s ‘The Charter for Social Housing Residents: Social Housing White Paper’. The measures would provide data about social housing landlords’ performance and the quality of their services to help tenants hold their landlord to account and help RSH in its future consumer regulation role. The Regulator looks forward to hearing from landlords, tenants and anyone with an interest in social housing by 3 March 2022. For the consultation documents, click here.

HOUSING LAW ARTICLES

Could building social rented homes save the government money? John Perry and Sam Lister CIH Blog 15 December 2021 – to read the article, click here

How Centrepoint Supports Young Refugees & Asylum Seekers Pascale Day Centrepoint Blog 16 December 2021 – to read the article, click here

Property Guardian firms, HMOs, licences, penalties and RROs – it is all here Giles Peaker Nearly Legal 16 December 2021 – to read the article, click here

Did 2021 give us the green light for the green agenda? Alexandra Gibson CIH Blog 16 December 2021 – to read the article, click here

Omicron preparedness in homelessness settings Julie Cook Homeless Link 16 December 2021 – to read the article, click here

Boosting supply of supported housing and integration of housing, health and care Caroline Mostowfi Local Government Lawyer 17 December 2021 – to read the article, click here

Addendum to essential guide to Building Safety Bill Rachel Rees Trowers and Hamlins 17 December 2021 – to read the article, click here

Looking back – The Welsh housing landscape in 2021 Matthew Kennedy CIH Blog 17 December 2021 – to read the article, click here

Various notes – anniversaries, punishments, evictions and RROs Giles Peaker Nearly Legal 19 December 2021 – to read the article, click here

One pay packet away from the streets: the workers who became homeless in the pandemic Danielle Lavelle Guardian 20 December 2021 – to read the article, click here

Housing: recent developments (December 21/ January 22) Sam Madge-Wyld and Jan Luba QC Legal Action – to read the article (subscription required), click here

HOUSING LAW DIARY

14th January 2021                                   
Postponed second reading of Caravan Site Licensing (Exemptions of Motor Homes) Bill (see Housing Laws in the Pipeline)

14th January 2021                                   
Postponed second reading of Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

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