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HOUSING
LAW NEWS & POLICY ISSUES
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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.
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HOUSING
LAWS IN THE PIPELINE
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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.
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HOUSING
LAW CONSULTATIONS
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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.
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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
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14th January 2021
Postponed second reading of
Caravan Site Licensing (Exemptions of
Motor Homes) Bill (see Housing Laws
in the Pipeline)
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14th January 2021
Postponed second reading of
Homeless People (Current Accounts) Bill
(see Housing Laws in the Pipeline)
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14th January 2021
Postponed second reading
of Asylum Seekers (Accommodation
Eviction Procedures) Bill (see Housing
Laws in the Pipeline)
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21th January
2021
Postponed second
reading of Caravan Sites
Bill (see Housing
Laws in the Pipeline)
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31th January
2021
Rent Officers
(Housing Benefit and
Universal Credit
Functions) (Amendment
and Modification) Order
2021 comes into force
(see Housing Law
News and Policy Issues)
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