HOUSING LAW NEWS & POLICY ISSUES

Vulnerable renters
On 23 October 2021 the DLUHC announced that vulnerable renters struggling due to the impact of the pandemic would be helped by a £65 million support package. The funding will be given to councils in England and will be available through the winter months for households at risk of eviction or homelessness who should contact their local council if they require support. The funding is an increase to the £310 million Homeless Prevention Grant provided to councils by government. For the announcement, click here. For guidance concerning the Homeless Prevention Grant, click here. For the response of the Local Government Association, click here, and for that of Crisis, click here. For comment by Citizens Advice, click here.

Low-income households and arrears
On 21 October 2021 the Joseph Rowntree Foundation published research which found that 3.8 million low-income households across the UK are in arrears and 4.4 million have had to take on new or increased borrowing through the pandemic. For a summary of the Joseph Rowntree Foundation’s recommendations and to access the report itself, click here.

Exempt accommodation
On 20 October 2021 Crisis reported that Freedom of Information data obtained by it shows that 153,701 households in Great Britain were housed in exempt accommodation as of May 2021. This represents a 62 per cent increase from 2016 to 2021. As Crisis explains, ‘exempt accommodation’ is intended for people with support needs, including those who have been homeless, recently left prison, fled domestic violence or are dealing with addiction issues. It is supposed to come with additional support, which makes it ‘exempt’ from caps on Local Housing Allowance to cover the costs. This allows providers to charge higher rents, which are covered entirely by the Department of Work and Pensions through Housing Benefit. Jon Sparkes, chief executive of Crisis has said that the exempt accommodation sector is dangerously under-regulated. For more details, click here.

Licensing landlords drives up standards in England
On 24 October 2021 Generation Rent reported that analysis of Government data revealed that councils which require landlords to be licensed take more than twice as much enforcement action as those that do not. Thirty-two councils with selective licensing schemes identified an average of 158 unsafe homes each during 2019-20, compared with 63 on average across 200 councils without such schemes. According to Generation Rent’s analysis, councils that license landlords also go on to resolve a higher proportion of these cases. For the report, click here.

Vagrancy Act
On 20 October 2021, the Prime Minister responded to a question in the House of Commons from Bob Blackman MP, who asked whether it was time that the amendments to the Police, Crime, Sentencing and Courts Bill should be adopted to abolish the Vagrancy Act and give the police the powers to combat trespass, aggressive begging and other antisocial behaviour. The Prime Minister replied: ‘No one should be criminalised simply for having nowhere to live, and I think the time has come to reconsider the Vagrancy Act—and also to redouble our efforts to fight homelessness.’ For the full exchange, click here.

Index of Private Housing Rental Prices, UK: September 2021
On 20 October 2021 the Office for National Statistics published its monthly index tracking the prices paid for renting property from private landlords in the UK. It shows that in the 12 months to September 2021:

• Private rental prices paid by tenants in the UK rose by 1.3 per cent, unchanged since July 2021.
• Private rental prices grew by 1.3 per cent in England, 1.2 per cent in Wales and 1.6 per cent in Scotland.
• The East Midlands and the South West both saw the highest annual growth in private rental prices (2.7 per cent), while London saw the lowest (negative 0.3 per cent).

For the index, click here.

Gypsy and Traveller caravan count: July 2021 – Wales
On 20 October 2021 the Welsh Government published data for Gypsy and Traveller caravans on authorised, unauthorised and local authority sites for July 2021. The data show:

• On 22 July 2021 there were 1,095 Gypsy and Traveller caravans and 143 sites reported in Wales.
• Between January 20211 and July 2021, the total number of Gypsy and Traveller caravans increased by 2.8 per cent (30 caravans) and the total number of sites (both authorised and unauthorised) has increased by 2.9 per cent (4 sites).
• There were 928 caravans on authorised sites with planning permission, accounting for 85 per cent of all caravans. Of these, 618 (67 per cent) were on socially rented sites and 310 (33 per cent) were on privately-funded sites.

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

Landlords receive confiscation order of more than £250,000 – Ealing
On 21 October 2021 Ealing Council reported that landlords from Southall have been ordered to pay over £290,000 after they failed to comply with a planning enforcement notice issued by the council. Mr and Mrs Khosa were served an enforcement notice by Ealing Council’s planning enforcement team when it was discovered that they had neglected to obtain the required planning permission to use the main property as a House in Multiple Occupancy (HMO) and the outbuilding in the rear garden as a self-contained residential dwelling. A confiscation order in the sum of £253,449.07 was ordered by the court. A default prison sentence of 30 months for Mr Khosa and 15 months for Mrs Khosa applies if they fail to pay. The couple were also ordered to pay a fine of £6,000 each, plus court costs of £25,250.70. For the report, click here.

Clampdown on landlords of properties with poor energy efficiency ratings
On 22 October 2021 the Department for Business, Energy & Industrial Strategy launched a campaign to raise awareness and enforce rules banning landlords renting homes with worst performing energy efficiency ratings. Since April 2020 privately rented homes must meet a minimum energy performance rating of EPC Band E, making it illegal to rent out homes below that unless landlords have a limited exemption. Landlords caught failing to fulfil their obligations can be fined of up to £5,000 per property and per breach. £4.3 million of extra funding from the BEIS to councils is designed to support them make an extra 100,000 engagements with the landlords with the worst performing properties. For more information, click here.

Energy efficiency
On 21 October 2021 Localis published a report, sponsored by the National Residential Landlords Association, which found that in some local authority areas of the north and midlands, the estimated costs of improving home energy can be around 25 per cent of property values, whereas in affluent parts of London and the south-east retrofitting with heat pumps represents less than 2 per cent of overall property value. The report calls for:

• local authorities to come up with local retrofit jobs strategies to make use of skills and supply chain opportunities;
• central government to provide clear and concise information and timelines as well as more readily understood incentives;
• The Department for Business, Energy and Industrial Strategy to frontload the £3.8bn Social Housing Decarbonations Fund Demonstrator to deliver cost savings through acting at scale.

For the report, click here. For comment by the NRLA, click here.

Heat and buildings strategy
On 19 October 2021 the Department for Business, Energy & Industrial Strategy published its strategy setting out how the UK will decarbonise its 30 million homes, and commercial, industrial and public sector buildings, as part of setting a path to net zero by 2050. For more information, click here.

Key risks facing social housing sector in 2021 and beyond: RSH
On 19 October 2021 the Regulator of Social Housing published a risk profile setting out the main risks facing the social housing sector and some of the actions registered providers should be taking to manage those risks. It identifies risks across a range of themes, as follows:

• Providers need to invest in existing stock to ensure the continued provision of good quality homes. Boards must have robust data on stock quality ahead of changes to the Decent Homes Standard, and to support decarbonisation.
• Tenant and building safety is a key, developing responsibility. Boards will need to understand how legal requirements are changing and have assurance about health and safety so that tenants are safe in their homes.
• Demands for transparency with tenants are increasing following the Social Housing White Paper, and Boards should take action now to ensure they provide good services and to strengthen their engagement with tenants.
• The current macroeconomic climate is uncertain and Boards will need to manage their access to labour, skills, and materials – particularly as these affect services to tenants and new development.
• Increased reliance on debt means Boards need to be able to effectively monitor interest cover and gearing, manage downside risk and evaluate the financial products they choose.
• Forecasts for development have returned to pre-pandemic levels and Boards will need to manage the significant risks associated with the development and, where applicable, sale of new housing.

For the risk profile, click here.

Queen’s Bench claims and appeals
From 18 October 2021 professional users filing a Queen’s Bench claim and appeal in the following district registries should now use HMCTS E-Filing service: Birmingham; Bristol; Cardiff; Leeds; Liverpool; Manchester; and Newcastle. Other district registries will not be affected. For more details, click here.

Gang victims and rehousing
On 19 October 2021 the Guardian reported that MPs and peers will launch a drive to put people who are at risk from gang violence on the priority housing list. The report refers to a Freedom of Information release showing that 26,500 people approached local authorities for support because the threat of violence from criminal gangs or involvement in serious organised crime risked leaving them homeless. For the report, click here.

Removal of combustible cladding
On 21 October 2021 BBC News reported on the plight of residents of tower blocks who are having combustible cladding removed. They described ‘paying to live in a dark, dull box' whilst the work is done. For the report, click here.

HOUSING LAWS IN THE PIPELINE

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 is expected to have its second reading debate on a date to be announced. For the Bill as brought from the House of Lords, click here. For a House of Commons Library briefing concerning the Bill, published on 22 September 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 Bill has now been sent to a Public Bill Committee which will scrutinise the Bill line by line and was expected to report to the House by 26 October 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 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.

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.

NEW HOUSING CASES

Raja v Salford City Council (HOUSING ACT 2004 - CIVIL PENALTY ORDER - burden and standard of proof) [2021] UKUT 261 (LC)

The Upper Tribunal heard an appeal regarding a decision of the FTT confirming a financial penalty of £22,500 under the Housing Act 2004 (‘the 2004 Act’) s.249A, arising out of Mr Raja’s failure to apply for a licence for a property which was subject to selective licensing under s.80 Housing Act 2004.

The court upheld the decision that the offence had been committed, but remitted the case for reconsideration of the level of the financial penalty to be imposed.

Background
Mr Raja is intermediate leasehold owner of the subject property located in an area designated under s.80 Housing Act 2004 as subject to selective licensing. Selective licensing is a scheme where all private landlords of properties within a defined boundary must have a licence before they can let those properties. The licence will have conditions attached to ensure the properties are and continue to be safe and well-managed. Salford City Council (“the Council”) ran such a scheme.

Mr Raja failed to apply for a licence. A fine was thereby imposed upon him under s.249A Housing Act 2004, which provides that:

“The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England.”

Basis of appeal
Mr Raja applied to the FTT for permission to appeal its decision on the grounds that:

i.          He did not receive the Council's initial letters as he was not living at the address.

ii.          The premises were being sublet in any event.

iii.         He did not have adequate representation and there were not checks that he understood the issues or the process.

iv.         The financial penalty imposed was grossly excessive and unfair and the FFT did not provide reasons for their decision in this regard.

Permission to appeal was granted on the basis that Mr Raja had ceased to be represented five months before the court date and in spite of this the court had accepted an assurance from the former representative that Mr Raja had no further evidence to give. Further, there were dangers involved in determining on papers whether an offence was committed.

Raza
The court analysed the decision in Raza v Bradford Metropolitan District Council [2021] UKUT 39 (LC)), a decision on three appeals brought by landlords from separate decisions of the FTT following a determination on the papers, without a hearing. In that case, the tribunal found that the FTT

“is responsible for the fairness of its procedure. Litigants may well consent to a procedure without understanding the implications of doing so, and it may be unfair to hold them to that agreement” [38].

It explained that it could not safely be assumed by the FTT that an unrepresented party would necessarily appreciate the material which ought to be provided, even in a simple case.

The UT judgment
The tribunal affirmed that the decision in Raza is correct, but highlighted that “the reliability and fairness of the adjudicative process in each case must turn on the particular facts and issues raised” [16].

It was found that:

i.          Mr Raja had failed to provide any evidence that he was not living at the correspondence address provided and did not receive the letters.

ii.          The letting of the premises post-dated the bulk of the relevant correspondence.

iii.         Mr Raja had been represented at the time he agreed to a paper determination [16].

The UT ultimately concluded that this “was not a case, like Raza, where there was any sufficient evidential basis before the FTT which should have led it to identify any dispute of relevant fact; nor is it a case of a wholly unrepresented appellant in relation to whom any duty of appropriate inquiry properly might have arisen” [19]. The UT was also mindful not to shift any burden onto the FTT in terms of advising or supporting clients, noting that it was for the defendant to ensure that they secure adequate representation [20].

The UT then considered the financial penalty. It was found that there was no indication of how the penalty was assessed or of how any personal mitigating or aggravating features were identified and factored into the Council’s calculation. there was also nothing to indicate whether or how the FTT had made their own determination [22]. On that basis the case was remitted for reconsideration of the financial penalty alone.

Summary by Parissa Najah, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS

Housing Ombudsman’s consultation on three year plan
The Housing Ombudsman has launched a consultation on its Corporate Plan for 2022-25. Set within the context of an unprecedented increase in the volume of casework and major change in the social housing sector, the plan reinforces the changing role and importance of complaint handling.  The Housing Ombudsman has experienced significant increases in demand with a 139 per cent increase in enquiries and complaints in the year to date compared with 2020-21, plus a 65 per cent increase in cases for formal investigation. Externally, the implementation of the Social Housing White Paper and future policy changes to improve access to complaints are likely to sustain increasing volumes of casework. 

The Corporate Plan aims to respond to this increase in complaints and it sets out ways the Ombudsman will work with the sector to promote fairness through investigations, strengthen complaint handling, encourage learning to improve services and potentially prevent complaints. 

Built around values of fairness, learning, openness and excellence, the key elements of the plan are to:

• Increase awareness of the Ombudsman’s role, together with improving access to our service for those facing barriers.
• Extend fairness through high-quality, inquisitorial and impartial investigations to establish if there was service failure with robust remedies and undertake thematic inquiries into systemic issues.
• Use proactive interventions to improve landlords’ complaint handling and support earlier, local resolution for the benefit of all residents.
• Establish a Centre for Learning to promote complaint handling excellence among social landlords by using insight from our casework, data and intelligence.

For the consultation, which closes on 12 November 2021, click here.  

HOUSING LAW ARTICLES & PUBLICATIONS

Homes fit for purpose for an ageing population CIH Blog 20 October 2021 – to read the article, click here

Net zero strategy: The Government's heat and buildings strategy Megan Coulton and Chris Paul Trowers and Hamlins 21 October 2021 – to read the article, click here

Heat and Buildings Strategy 2021: Do the Government’s plans go far enough? Hannah Langford and James Grinstead Devonshires 22 October 2021 – to read the article, click here

Our legal aid system is crumbling and it needs drastic action to save it Leanne Devine Shelter Blog 22 October 2021 – to read the article, click here

Over two million foreign nationals excluded from social housing and benefits John Perry CIH Blog 25 October 2021 – to read the article, click here

Black women experiencing homelessness are invisible Dionne Williams Homeless Link 25 October 2021 – to read the article, click here

9 years of unsuitable accommodation – LGO award of £27,000 Naomi Trewinnard Nearly Legal 25 October 2021 – to read the article, click here

Making housing and dementia a national priority: fourth update from the National Housing and Dementia Forum Ashley Campbell and Lesley Palmer CIH Blog 26 October 2021 – to read the article, click here

Fixing England’s housing crisis Liz Davies and Nick Bano Legal Action October 2021 – to read the article, click here

Ensuring legal aid has a future Rohini Teather Legal Action October 2021 – to read the article, click here

The crises in housing and legal aid desperately need the government’s attention Sue James Legal Action October 2021 – to read the article, click here

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

HOUSING LAW DIARY

29 October 2021                                   
Caravan Sites Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

29 October 2021                                   
Caravan Site Licensing (Exemptions of Motor Homes) Bill scheduled to receive second reading (see Housing Laws in the Pipeline)

12 November 2021                               
Deadline for submissions to the Housing Ombudsman’s consultation on three year plan (see Housing Law Consultations)

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Featured Jobs of the Week




Housing Options Officer

(Ref:  CHOU030)

Temporary 2 year fixed term contract

£26,511 pa - £28,672 pa + Car Allowance up to £1,239 pa

Based:  Haywards Heath, West Sussex

Mid Sussex District Council is a dynamic, forward thinking local authority in the heart of southern England. We have clear priorities, and are proud that local people consistently rate our services highly.

We are looking for a Housing Options Officer to join our busy frontline Housing Options Team.  The right candidate will enjoy team work and enthusiastically embrace our proactive housing options approach in preventing homelessness finding innovative and imaginative solutions for people in housing difficulties, enabling them to retain their current home or achieve a planned move to alternative accommodation.

You will also help implement the duties of the Council in respect of persons who are, or may become, homeless.  This will involve interviewing people, investigating formal homeless applications under the homelessness legislation, making legal decisions and securing temporary accommodation.

Detailed knowledge of homelessness legislation, welfare benefits and landlord & tenant law would be desirable but not essential.  Keeping clear and concise records will be an essential part of your work.  You will also be expected to visit people in their own homes.

For fuller information about the role including details on how to apply please click on:

https://ats-midsussex.jgp.co.uk/vacancies/168638?ga_client_id=f794ef2b-b3da-4a24-942a-729151146006

Close date:  15 November 2021

Interview date:  19 November 2021