HOUSING LAW NEWS & POLICY ISSUES

Homeless deaths
On 22 February 2021 the Dying Homeless Project reported the results of research into the deaths of homeless people in 2020 which included more than 300 Freedom of Information requests. It found:

• Fatalities rose 37 per cent to 976 as people struggled to access services already stretched by pre-pandemic cuts.
• Offers of hotel accommodation were successful at preventing deaths from Covid-19.

With someone homeless dying every nine and a half hours, campaigners are calling for a reset of government policy. Click here for more details.

Church of England land should be used for affordable housing: new report
On 22 February 2021 the Church of England published a report commissioned by the Archbishops of Canterbury and York – Coming Home – setting out “vital actions for the Church, Government and other Stakeholders to take with a focus on building better communities and more truly affordable homes, not just houses”. Amongst other recommendations, the report states that “the Church should enable the Church Commissioners’ strategic land portfolio – around 3 per cent of their total assets – to be used to help deliver the higher volumes of truly affordable housing that are needed.” The full report sets out options and recommends that a review is established to examine how this is best achieved, whilst ensuring that the ongoing financial obligations of the Church Commissioners can still be met. For the report, click here. For an executive summary, click here. For a report in the Guardian, click here.

Rent arrears during the pandemic: Resolution Foundation
On 16 February 2021 Resolution Foundation published research – Getting ahead on falling behind – showing that over 750,000 families are currently in arrears with their housing payments, and over half (450,000) of these families are likely to have fallen behind as a direct result of the Covid-19 crisis. Of these families in arrears, 300,000 include dependent children.

The report notes that the UK’s jobs crisis is driving this disparity across housing tenure. Close to one-in-four (24 per cent) private renters have seen their earnings fall during the Covid-19 crisis, compared to one-in-six (16 per cent) working age adults with a mortgage. Another factor is that over the course of the pandemic, one-in-ten (10 per cent) of families with a mortgage have received a mortgage holiday from their provider, giving them some much-needed respite. In contrast, just 3 per cent of private renters and 2 per cent of social renters successfully negotiated rent reductions over the pandemic period. Strikingly, 5 per cent of private renters were also refused reductions, despite asking for them – ten times the refusal rate for mortgagors in the same position. For the report, click here. For a press release in respect of it, click here.

Rent arrears during the pandemic: HouseMark data
On 22 February 2021 HouseMark published its latest Covid-19 impact data revealing that sector arrears have reached a record high, with more than £1 billion now outstanding in arrears. This represents a global increase of around 30 per cent, which equates to an additional £300 million since March 2020. Forecasts estimate that arrears levels may not return to pre-pandemic levels until March 2022. For more details, click here.

‘Chancellor must act to tackle rent debt crisis’
On 18 February 2021 The Big Issue Ride Out Recession Alliance, Crisis, Citizens Advice, Joseph Rowntree Foundation, Money Advice Trust, The Mortgage Works, National Residential Landlords Association, Nationwide Building Society, Propertymark, StepChange Debt Charity and Shelter issued a joint statement calling for:

• A targeted financial package to help renters pay off arrears built since lockdown measures started in March last year.
• A welfare system that provides renters with the security of knowing that they can afford their homes.

For the statement, click here.

Home First: CSJ report
On 19 February 2021 the Centre for Social Justice published a report – Close to Home: Delivering a national Housing First programme in England – calling for the roll-out of a national Housing First programme and drawing on recent learning to map out what this should entail. The CSJ says that Housing First is an effective way of tackling and preventing rough sleeping for people whose homelessness is compounded by serious mental health issues, drug or alcohol dependency, or a history of trauma. It does this by providing ordinary settled housing alongside intensive, person-centered support. The Government has recognised the role Housing First can play in tackling rough sleeping, with £28 million invested in three city region Housing First pilots and a commitment to further roll out. Unfortunately a direct link is not available. For a blog piece by Homeless Link concerning the report, click here.

Ministry of Housing, Communities and Local Government: second headquarters
On 20 February 2021  Communities Secretary Robert Jenrick confirmed that the Government will create a second headquarters in Wolverhampton with at least 500 MHCLG Group roles set to be based across the West Midlands by 2025, with further increases planned by 2030. For the announcement, click here.

Help to Buy: Equity Loan Scheme – England
On 18 February 2021 the MHCLG published statistics showing cumulative sales since the launch of the Help to Buy (Equity Loan) Scheme on 1 April 2013. From 1 April 2013 to 30 September 2020:

• 291,903 properties were bought with an equity loan.
• 82 per cent of all completions were by first-time buyers (240,083).
• The total value of these equity loans was £17.4 billion.
• The value of the properties sold under the scheme totals £79.2 billion.

Between 1 July and 30 September 2020, 13,211 properties were bought with an equity loan.

For the statistics, click here.

Help to Buy: ISA Scheme – England
On 18 February 2021 HM Treasury published official statistics on the Government’s Help to Buy: ISA Scheme. Between the launch of the Help to Buy: ISA Scheme on 1 December 2015 and 30 September 2020:

• 359,250 property completions have been supported by the scheme.
• 472,702 bonuses have been paid through the scheme with an average bonus value of £1,028.
• The highest number of property completions with the support of the scheme is in the North West, Yorkshire and The Humber, with the lowest number in the North East and Northern Ireland.
• The mean value of a property purchased through the scheme is £174,281 compared to an average first-time buyer house price of £204,964 and a national average house price of £244,513.
• The median age of a first-time buyer in the scheme is 28 compared to a national first-time buyer median age of 30.

For the full statistics, click here.

Stamp duty land tax
On 18 February 2021 the Law Society urged people to write to their MP calling for swift action to protect consumers ahead of the budget on 3 March and the stamp duty land tax (SDLT) holiday deadline on 31 March 2021. Law Society president David Greene said:

“[I]t has become increasingly clear that the abrupt end of the holiday on 31 March combined with a bottleneck in the market could cause significant disruption. Thousands of transactions and chains could collapse at the last minute.”

The Law Society has identified three different options for addressing this problem:

• extending the SDLT holiday
• implementing a tapered transition from the full SDLT holiday to the end of the scheme
• introducing a grandfathering scheme for transactions which have not completed by the cut-off date, so that buyers in transactions that have already progressed significantly by 31 March but which have not yet completed can continue to benefit from the SDLT holiday.

For the Law Society’s press release on the issue, click here.

Legal literacy: safeguarding people experiencing homelessness
On 15 February 2021 the Local Government Association posted a webinar, lasting 1 hour 48 minutes, on safeguarding people experiencing homelessness, together with supporting presentations. To access the webinar, click here.

Fire Safety Bill
On 19 February 2021 the House of Commons Library published a briefing on the Fire Safety Bill. The Bill amends the Regulatory Reform (Fire Safety) Order 2005 and is expected to result in greater clarity over responsibility for fire safety in buildings containing more than one home. The Commons will consider Lords amendments on 24 February 2021. For the briefing, click here. For more details of the Bill, see Housing Laws in the Pipeline (below).

Telecommunications Infrastructure (Leasehold Property) Bill
On 19 February 2021 the House of Commons Library published a briefing paper on the Telecommunications Infrastructure (Leasehold Property) Bill. The paper includes background information, stakeholder comment and a summary of Parliamentary stages. The Bill was introduced to the House of Commons and given its first reading on 8 January 2020. For the briefing, click here. For more details of the Bill, see Housing Laws in the Pipeline (below).

Coronavirus: Support for landlords and tenants
On 16 February 2021 the House of Commons Library published an updated briefing paper explaining measures taken by the Government during the coronavirus outbreak to assist households in the rented sector to retain their homes. The paper covers the introduction of extended notice periods and the end of the ban on evictions in England and Wales from 20 September 2020. It has been updated in light of the extended ban on enforcing eviction orders in England up to 31 March 2021. For the briefing paper, click here.

UK House Price Index summary: December 2020
On 17 February 2021 HM Land Registry published its monthly report for December 2020 showing changes in average house prices for England, Scotland, Wales and Northern Ireland. The average price of a property in the UK was £251,500. The annual price change for a property in the UK was 8.5 per cent. The monthly price change for a property in the UK was 1.2 per cent. The monthly index figure (January 2015 = 100) for the UK was 131.9. Estimates for the most recent months are provisional and are likely to be updated as more data is incorporated into the index.

For the full statistics, click here.

Rogue landlord ordered to pay back nearly three quarters of a million pounds – Brent
On 19 February 2021 Brent Council reported that a landlord has been ordered to pay back £739,263.58 in illicit earnings made from overcrowded properties in Willesden. It is believed to be the largest such order for a planning breach made anywhere in the country so far this year. The order was made against Mohammed Mehdi Ali of High Road Willesden, following a prosecution brought by Brent Council’s legal team. Mr Ali was told by the court that he would face a prison term of five years and nine months if he did not pay the order in full within three months. Mr Ali was found guilty of failing to comply with planning enforcement notices in April 2018 at Willesden Magistrates’ Court, after investigations by Brent’s planning enforcement team. For the report, click here.

Landlord forfeits £109,000 rent – Slough
On 17 February 2021 Slough Borough Council reported that a landlord who built unlawful extensions to a family home and squeezed up to 14 people into the rooms has forfeited the rent he was paid in a planning enforcement prosecution. Jagtar Phagura created five bedrooms in extensions built without planning permission and filled them with renters as part of a house in multiple occupation. A judge has ordered Mr Phagura to forfeit the rents he earned, more than £109,000, within three months or spend 18 months in jail. He was also ordered to pay a £18,000 fine. For the report, click here.

Preventing homelessness – Oxfordshire
On 19 February 2021 homelessness charity Crisis announced that Oxfordshire County Council and the county’s five district councils (Oxford City Council, Cherwell District Council, West Oxfordshire District Council, South Oxfordshire District Council and Vale of White Horse District Council) have agreed to work with Crisis in transforming their approach to preventing and ending homelessness with the development of a housing-led response to the issue. ‘Housing-led’ means getting people who are homeless into their own homes as quickly as possible and giving them the support they need to make maintaining a tenancy work. It aims to minimise both the time people spend in temporary accommodation and the number of moves they have to make before getting their permanent home. For more details, click here.

Registered social landlords business continuity survey: December 2020 – Wales
On 15 February 2021 the Welsh Government published the results of its survey as to how housing associations have been affected by the coronavirus pandemic. RSLs are continuing to report that pressures are being managed. Income continues to hold up reasonably well, although the expectation is that arrears may increase significantly as financial support mechanisms change and more tenants move to Universal Credit. Rent loss from void properties has remained stable and RSLs are actively stressing their business plans and monitoring financial performance very closely. All five of the tenant health and safety indicators have improved since the last return, although the difference between those with the lowest and highest levels of compliance has become more marked. For the survey return, click here.

Heating and hot water complaints: Housing Ombudsman
On 16 February 2021 the Housing Ombudsman published a report focused on complaints about heating and hot water. The report – Spotlight on complaints about heating, hot water and energy in social housing – is based on more than 200 cases investigated over an 18-month period from April 2019. The review shows:

• maladministration in 31 per cent of cases, increasing to 38 per cent for complaints about gas safety investigations, 60 per cent for complaints about heat networks and 60 per cent for those involving complaint handling; and
• the Housing Ombudsman made 158 orders to put things rights, including 108 orders to pay compensation totalling £58,486

The report makes several recommendations for improved practice including:

• putting things ‘right first time’, particularly where contractors are involved through effective management of contracts;
• providing clear information for residents at the start of the tenancy or lease on properties with heat networks, and again if the arrangements change; and
• planning gas safety inspections well ahead of the due date to allow for appointments to be made at a convenient time for residents and avoid missing renewal dates.

For the report, click here.

Housing Ombudsman’s Insight report
On 22 February 2021 the Housing Ombudsman published the latest quarterly Insight report on data and learning from casework, together with a new regional focus that starts with the north of England. The data from the three regions of North West, North East and Yorkshire and Humber show the most frequent topics of complaints as repairs, complaint handling and tenant behaviour. The case studies provide examples of these topics from the three regions. To read the report, click here.

HOUSING LAWS IN THE PIPELINE

Telecommunications Infrastructure (Leasehold Property) Bill
This Government bill would amend the electronic communications code set out in Schedule 3A to the Communications Act 2003; by doing so, it would address one stated policy barrier: making it easier for telecoms companies to access multi-dwelling buildings (such as blocks of flats) where a tenant has requested a new connection, but the landlord has not responded to requests for access rights. The bill received its first reading in the House of Commons on 8 January 2020 and its second reading on 22 January 2020. For the second reading debate, click here. The committee stage was completed on 11 February 2020. For the committee debate, click here. The third reading in the House of Commons was on 10 March 2020; for the debate, click here. First reading in the House of Lords was on 11 March 2020. The second reading was on 22 April 2020. The committee stage was completed on 2 June 2020 and the report stage on 29 June 2020. The third reading was on 28 January 2021. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on 24 February 2021. For the bill, as amended by the Lords, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library after second reading in the House of Commons, click here.

Renting Homes (Amendment) (Wales) Bill
This Welsh Government bill seeks to amend the Renting Homes (Wales) Act 2016 to provide greater security for people who rent their homes in Wales. This will particularly affect those who live in the private rented sector and occupy their homes under a ‘standard occupation contract’, the equivalent to the current assured shorthold tenancy, after the 2016 Act comes into force. This additional security will primarily be achieved by extending the minimum notice period for issuing a section 173 notice under the 2016 Act (the equivalent of the current section 21 notice under the Housing Act 1988) from two months to six months. Landlords will also be prevented from issuing such a notice until at least six months from the date of occupancy. Further provisions will also ensure that landlords are unable to issue rolling ‘speculative’ notices on a ‘just in case’ basis. The bill was introduced in the Senedd on 10 February 2020. The Stage 1 motion to agree the general principles of the Bill was agreed in Plenary on 13 October 2020. Stage 2 began on 14 October 2020. Stage 2 consideration took place in Committee on 27 November 2020. Stage 3 commenced on 30 November 2020. Stage 3 consideration was due to take place in Plenary on 10 February 2021 to consider amendments to the Bill (as amended at Stage 2). For impact assessments, click here. For the bill as amended at Stage 3, all other documents relating to it, and to follow progress on the  bill, click here.

Fire Safety Bill
This Government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill completed its final stages in the House of Commons on 7 September 2020. It received its first reading in the House of Lords on 8 September 2020 and its second reading on 1 October 2020. The committee stage was completed on 29 October 2020. The report stage took place on 17 November 2020. The third reading took place on 24 November 2020. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on 24 February 2021. For the bill, as amended on report, click here. To read debates on all stages of the bill, click here. For a briefing note prepared by the Local Government Association on second reading in the House of Lords, click here. To follow progress of the bill, click here.

Supported Accommodation Bill
This private member’s bill, sponsored by Steve McCabe, would require developers to disclose for planning purposes an intention to use a building for supported housing or other accommodation that is specified for the purposes of Universal Credit and Housing Benefit; establish a suitability test for accommodation proposed for such use; and make provision about the fitness of persons to be landlords or managers of supported or other specified accommodation. The bill had its first reading on 18 November 2020 and is due to have its second reading on a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Supported Housing (Regulation) Bill
This private member's bill, sponsored by Kerry McCarthy, would regulate supported housing; make provision about local authority oversight and the enforcement of standards of accommodation and support in supported housing; and prohibit the placing of children in care in unregulated accommodation. It received its first reading on 11 November 2020. The second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Domestic Properties (Minimum Energy Performance) Bill
This private member’s bill, sponsored by Sir David Amess, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to give the Secretary of State powers to require persons to take action in pursuance of that duty. The first reading was on 14 July 2020 and the second reading has been further postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Sublet Property (Offences) Bill
This private members’ bill, sponsored by Sir Christopher Chope, would make the breach of certain rules relating to sub-letting rented accommodation a criminal offence and would make provision for criminal sanctions in respect of unauthorised sub-letting. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been yet further postponed to a date to be announced. To follow progress of the bill, click here.

Mobile Homes and Park Homes Bill
This private members’ bill, sponsored by Sir Christopher Chope, would require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; make provision in relation to the residential status of such homes; and amend the Mobile Home Acts. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to a date to be announced. To follow progress of the bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend the Mobile Homes Act 1983. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to a date to be announced. For the bill as introduced, click here. To follow progress of the bill, click here.

Houses in Multiple Occupation Bill
This private member’s bill, sponsored by Ian Levy, would amend the law relating to the licensing of houses in multiple occupation and increase penalties for the contravention of such licences. The bill received its first reading on 9 September 2020. The second reading has been further postponed to a date to be announced. The bill is being prepared for 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. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

Caravan Sites Bill
This private members’ bill, sponsored by Sir Christopher Chope, would amend the Caravan Sites and Control of Development Act 1960 to remove planning permission requirements for caravan site licence applicants. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. For the bill as introduced, click here. 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 would establish asylum seeker accommodation eviction procedures for public authorities. The first reading was on 10 February 2020. The second reading has been postponed to a date to be announced. The bill is being prepared for publication. To follow progress of the bill, click here.

Vagrancy (Repeal) Bill
This private members’ bill, sponsored by Layla Moran, would repeal the Vagrancy Act 1824. It received its first reading in the House of Commons on 18 March 2020. The second reading has been further postponed to a date to be announced. For the bill as introduced, click here. To follow progress of the bill, click here.

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

Rented Homes Bill
This private member’s bill, sponsored by Baroness Grender, would amend the Housing Act 1988 to abolish assured shorthold tenancies; and to extend the grounds upon which landlords of residential housing may recover possession. First reading took place on 22 January 2020. The second reading will be on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Evictions (Universal Credit Claimants) Bill
This private members’ bill, sponsored by Chris Stephens, seeks to place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

Housing Act 2004 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend Part 3 of the Housing Act 2004 to provide that any selective licensing scheme for residential accommodation extends to social housing. The bill is being prepared for publication. It received its first reading on 10 February 2020. The second reading has been further postponed to a date to be announced. To follow progress of the bill, click here.

NEW HOUSING CASES

Raza v Bradford MDC; Ahmed & Ahmed v Ryan; Rendall v Vela [2021] UKUT 39 (LC)

This was a case concerning three appeals brought from decisions of the First Tier Tribunal. Judge Elizabeth Cooke gave the decision based on written representations.

Each of the three appeals to the UT was brought by a landlord following a determination by the FTT of his appeal on the papers, without a hearing. The issue was whether the FTT procedure was unfair because findings of fact which determined that the landlord had committed an offence (to the criminal standard of proof) had been made on the papers. The reason for determining these appeals on the papers was not pandemic-related.

Facts of each appeal

Raza

In the first appeal of Raza, Bradford MDC alleged against the landlord (Mr Raza) that he had not complied with the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 and had therefore committed a criminal offence under section 234 of Housing Act 2004 in respect of one of his properties. Following investigations, Bradford MDC decided a breach of the Regulations had been committed and a civil penalty was imposed in the sum of £25,000 pursuant to section 249A of the Housing Act 2004.

Mr Raza appealed this decision to the FTT on the basis that no offence had been committed under section 234 of the 2004 Act; and he also appealed the amount of the civil penalty imposed. He indicated that he was content for the hearing to be determined without a hearing. In fact, a hearing had been listed but at the insistence of Bradford MDC (due to witness protection issues) the hearing was adjourned and the matter proceeded to a paper determination. Based on written evidence alone, the FTT decided that it was satisfied beyond reasonable doubt that a criminal offence had been committed and affirmed the penalty of £25,000.

Mr Raza appealed this decision of the FTT on a number of grounds but was given permission only on the basis that there should have been an oral hearing.

Ahmed

The landlords in this case were owners of a property which was rented out and should have been licensed as a house in multiple occupation but it was not. The tenant of that house, Mr Ryan, applied to the FTT for a rent repayment order (RRO) pursuant to section 40 of the Housing and Planning Act 2016. The FTT directed witness statements from all parties and that the matter be heard on the papers, unless either party objected, and neither did. The statements from the landlords sought to argue the reasonable excuse defence as to the lack of knowledge of the need to have the property licensed. After a consideration on the papers, the FTT made a RRO in the tenant’s favour.

The landlords appealed the findings of fact made by the FTT and the conclusion that an offence was committed. However, permission to appeal was given solely on the basis that the decision was made on the papers without a hearing.

Rendell

This also relates to a RRO. Mr Rendell was the owner of a property which was let out to Ms Vela and during most of her occupation of the property as a tenant it was not licensed as a HMO when it should have been. She applied for a RRO. The FTT gave directions that the hearing would be heard on the papers unless any of parties requested a hearing and none did.

There was a second respondent in this case, Newman Property Services Ltd, who were the managing agents for the property. They submitted a bundle of documents for consideration by the FTT. Mr Rendell did not put in a statement. There was some consideration of the defence of reasonable excuse by the FTT, but it was found beyond reasonable doubt that an offence had been committed and a RRO was made.

Mr Rendell appealed the decision of the FTT on numerous grounds including financial hardship, but permission was given solely on the basis that there was no oral hearing.

Decision of the Upper Tribunal

In each of the three appeals, the parties had initially consented to the matter being considered on the papers. Even where that is the case, it is nevertheless for the FTT to consider whether it is appropriate to do so. Judge Cooke identified three difficulties with proceeding on the papers alone in cases of these types: (1) the landlords were at risk of being found to have committed a criminal offence, (2) there were factual issues in dispute and (3) findings of fact were made based on evidence which had not been tested in cross-examination.

Judge Cooke further said as follows in respect of those three difficulties:

“That made the procedure unreliable. It was also unfair because it resulted in a finding that a criminal offence had been committed without giving the landlord the opportunity to cross-examine the witnesses who gave evidence against him or to respond, under cross-examination, to the case against him.

“There might perhaps be cases where written evidence about disputed facts was sufficiently clear and consistent for a tribunal to make findings of fact on the balance of probabilities. But it is difficult to imagine cases where the FTT could be so sure of contested facts, on the basis of written evidence only, that it could find them proved to the criminal standard, beyond reasonable doubt. And even if the FTT could be sure, it would nevertheless be unfair, for the reasons explained, in a case where the party concerned was at risk of being found to have committed a criminal offence.”

Reference was made to the reasoning set out in the decision of the Upper Tribunal in Enterprise Home Developments LLP v Adam [2020] UKUT 151 (LC).

In respect of the individual facts of each case, Judge Cooke made the following points:

Raza – Bradford MDC’s explanation as to why it wanted a paper determination did not negate the necessity for Mr Raza to have a fair hearing; appropriate measures could have been taken for the protection of Bradford MDC’s witnesses.

Ahmed – even if the same outcome would have been reached after an oral hearing (as contended for by the Respondent), it was still the case that without an oral hearing a reliable and fair process had not been followed.

Rendell – the judge had some hesitation here because Mr Rendell did not put a statement in; but if there had been an oral hearing, the FTT would have been able to ask questions and might well have realised that the defence of reasonable excuse might be available, and might have given directions for further evidence; so, overall, the procedure was unreliable.

All three appeals were successful and were remitted to the FTT re-hearings.

Summary by Vilma Vodanovic, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS

Right to Regenerate: reform of the Right to Contest
This consultation is to help to shape a reform of the Right to Contest, in order to encourage the right to be utilised more effectively and more widely to stimulate regeneration and the more productive use of land. Strand 2 of the Community Right to Contest allows members of the public to request that the government directs the disposal of unused or underused land, including vacant homes and garages, owned by public bodies. This right is little-known and little-used, with only one direction to dispose issued since 2014.

The aim of this consultation, which will close on 13 March 2021, is to strengthen the right and make it simpler to use as the new ‘Right to Regenerate’. This will provide a quicker and easier route for individuals, businesses and organisations to identify, purchase and redevelop underused or empty land in their area. In turn, the strengthened right will support greater regeneration of brownfield land, boost housing supply and empower people to turn blights and empty spaces in their areas into more beautiful developments. For the consultation document, click here.

Safer buildings in Wales
The Welsh Government is consulting on proposals for comprehensive reform of legislation that contributes to building safety in Wales. It focuses on legislative change across the lifecycle of buildings as well as setting out aspirations for culture change in the way buildings are designed, constructed and managed. The consultation ends on 12 April 2021. For the consultation documents, click here.

Welsh Ombudsman: New draft Guidance on the Code of Conduct for members of County and Community/Town Councils
The Ombudsman for Wales has published new draft Guidance on the Code of Conduct for members of County and Community/Town Councils. Any comments should be submitted to communications@ombudsman.wales by 28 February 2021. For the draft guidance, click here.

NEW HOUSING LAW ARTICLES & PUBLICATIONS

How enforced sales can help the empty homes crisis Lyndon Campbell Local Government Lawyer 17 February 2021 – to read the article, click here

Coming out stories from Anchor Hanover – celebrating LGBTQ+ history month CIH Blog 18 February 2021 – to read the article, click here

#KeeptheLifeLine: “The uplift means I can breathe out” Georgette Thomas Joseph Rowntree Foundation 18 February 2021 – to read the article, click here

Extended halt on evictions (again, again): exemption applications; warrants and extensions Amy Kelly Local Government Lawyer 19 February 2021 – to read the article, click here

What the Social Housing White Paper says about: home ownership CIH Blog 22 February 2021 – to read the article, click here

Coming Home - tackling the housing crisis together David Orr CBE CIH Blog 23 February 2021 – to read the article, click here

Anti-Social Behaviour Injunctions (ASBIs): A New Practitioner’s Perspective Shada Mellor The Barrister (pp 27 & 28) Hilary term 2021 – to read the article, click here

Housing conditions: update (Feb 21) Catherine O'Donnell Legal Action February 2021– to read the article (subscription required), click here

Housing: recent developments (Feb 21) Jan Luba QC and Sam Madge-Wyld Legal Action February 2021 – to read the article (subscription required), click here

HOUSING LAW DIARY

24 February 2021                                   
Telecommunications Infrastructure (Leasehold Property) Bill: House of Lords amendments to be considered by the House of Commons (see Housing Laws in the Pipeline)

24 February 2021                                 
Fire Safety Bill: House of Lords amendments to be considered by the House of Commons (see Housing Laws in the Pipeline)

28 February 2021                                 
Closing date for submissions to Welsh Ombudsman’s consultation on new draft Guidance on the Code of Conduct for members of County and Community/Town Councils (see Housing Law Consultations)

8 March 2021                                   
Report stage in the House of Lords of the Domestic Abuse Bill

13 March 2021                                 
Closing date for submissions to the consultation on Right to Regenerate: reform of the Right to Contest (see Housing Law Consultations)

15 March 2021                                 
Loans for Mortgage Interest (Amendment) Regulations 2021 come into force (see Housing Law News and Policy Issues)

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