HOUSING LAW NEWS & POLICY ISSUES

Department for Levelling Up, Housing & Communities
On 20 September 2021 it was announced that the Ministry of Housing, Communities & Local Government would be renamed the Department for Levelling Up, Housing & Communities. On 15 September 2021 Michael Gove was appointed Secretary of State for Levelling Up, Housing and Communities. To access the Department online, click here.

Kerslake Commission report on ending rough sleeping
On 23 September 2021 the Kerslake Commission on Ending Rough Sleeping published its final report. The report states that that without urgent action the benefits and lessons learned from the joint working during the pandemic will be wasted, and the number of people having to sleep on the streets will rise again. The ending of pandemic support measures, including the £20-a-week uplift in Universal Credit and the furlough scheme, coupled with rises in energy prices, inflation and National Insurance, is likely to put more and more people at risk of homelessness.

The Commission’s final report makes 12 key recommendations which it says must be actioned if the positives achieved during the pandemic are not to be lost. These include: the Government developing a longer term rough sleeping strategy built on the success of their Everyone In policy; the maintenance of the £20 Universal Credit uplift; increased joint working by all organisations involved in homelessness by extending the Homelessness Reduction Act’s Duty to Refer, to make it a Duty to Collaborate; introducing a Quality Assurance framework for those providing homelessness accommodation; establishing a clear policy position that limiting access to benefits for non UK nationals should stop short of causing destitution; reducing the reliance on communal shelters through improving planning in relation to extreme cold or severe heat.

For the report, click here. For comment by the Local Government Association, click here.

Supporting rough sleepers at a time of national crisis: Local Government Association
On 22 September 2021 the Local Government Association published the presentations from its event on supporting rough sleepers. To download them, click here.

Coronavirus: support for landlords and tenants
On 26 September 2021 the House of Commons Library published an updated briefing explaining measures during the coronavirus outbreak to help renting households retain their homes. It covers calls for more assistance to prevent evictions and homelessness. For the briefing, click here.

Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (No. 3) (Wales) Regulations 2021
These Regulations, which come into force on 30 September 2021, amend Schedule 29 to the Coronavirus Act 2020. Schedule 29 modifies various statutory provisions relating to notices that need to be given in order to seek possession of dwellings during “the relevant period” (as defined by paragraph 1(1) of that Schedule). The effect is that in Wales, with some exceptions, a notice period of six months applies up to 31 December 2021. For the 2021 Amendment Regulations, click here. For the response of the National Residential Landlords Association, click here.

Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021
Regulation 2 of these Regulations, which came into force on 16 September 2021, amends the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 to ensure that persons granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of the Afghan Relocations and Assistance Policy or the previous scheme for locally-employed staff in Afghanistan (otherwise known as the ex-gratia scheme) and certain persons who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021, are eligible for an allocation of housing accommodation and for housing assistance. The amendments also exempt those persons from the habitual residence test. Regulation 3 amends the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 to enable housing authorities in Scotland and Northern Ireland to provide housing accommodation and housing authorities in England, Scotland and Northern Ireland to provide homelessness assistance to those persons referred to above that are subject to immigration control without application of the habitual residence test. For the 2021 Amendment Regulations, click here.

Domestic Abuse Act 2021 (Commencement No. 2) Regulations 2021
These Regulations are the second commencement regulations made under the Domestic Abuse Act 2021 (the Act). Of particular interest to housing professionals are:

• Regulation 2(e), which comes into force on 1 October 2021 and brings into force Part 4 (sections 57-61) of the Act, which relates to local authority support for victims of domestic abuse;
• Regulation 3(c) which comes into force on 1 November 2021 and brings into force section 79 of the Act which amends Part 4 of the Housing Act 1985 (the 1985 Act). Part 4 of the 1985 Act relates to secure tenancies and the rights of secure tenants. Section 79 of the Act amends Part 4 of the 1985 Act to require local authorities to grant certain current or former victims of domestic abuse a new lifetime secure tenancy when housing or rehousing them for reasons connected with that abuse.

For the Commencement Regulations, click here. For the Domestic Abuse Act 2021, click here.

Legal help: where to go and how to pay
On 24 September 2021 the House of Commons Library published a briefing paper providing information about where to seek legal help and advice, including: finding legal help; self-representation; legal aid; pro bono legal help; other ways of finding legal advice, including organisations which provide help and advice in connection with specific legal issues. For the briefing, click here.

£111K penalty imposed for illegal renting of properties
On 20 September 2021 Brent Council reported that on 1 September 2021, Ms Orofena St. John had been ordered to pay £111,582.57 for the income received from illegally renting properties to tenants for a profit. In addition to this, she was fined £15,000 for the breach of enforcement notices and ordered to pay £18,000 in council legal costs. Ms St. John had built a number of extensions and converted them into seven flats and two bedsits, all without planning permission. Two enforcement notices were issued in 2017 requiring that the extensions be demolished and the premises be converted back to one house. Both orders were ignored. She was convicted of breaching these notices in 2019 and the matter was then referred to Harrow Crown Court under the Proceeds of Crime Act. During the proceedings it was revealed that St. John was also in breach of another enforcement notice issued in respect of a second property which had similarly been illegally converted into two homes, with rooms being rented out to multiple students on a short term basis without permission. For the report, click here.

Benefit cap: number of households capped to May 2021
On 21 September 2021 the Department for Work and Pensions published statistics on households that have had their benefits capped between 15 April 2013 and May 2021. The statistics show:

• 190,000 households had their benefit capped at May 2021. This is a 5 per cent drop from February 2021.
• This figure compares with 79,000 at February 2020, an increase of 141 per cent.
• Households had their benefits capped by an average of £55 a week at May 2021. This equates to £238.15 per month.

For the full statistics, click here. For comment by Crisis, click here.

Unsuitable and low-quality housing in England: Good Home Inquiry
On 16 September 2021 the Good Home Inquiry published its final report examining the problem of unsuitable and low-quality housing in England’s existing housing stock. The report finds that a lack of urgency in improving the quality of homes has left residents in danger, as figures showed that excess winter deaths increased by almost 20 per cent from winter 2018-19 to 2019-20. Meanwhile 4 million homes fail to meet basic standards of decency – 2 million of which (one in 10 homes in England) contain a ‘category 1 hazard’, meaning they are of such poor quality that they put their residents’ health or safety at risk. For the report, click here.

Private renting: deposit cap
On 21 September 2021 Generation Rent reported that as a consequence of the cap on deposits introduced in June 2019, private renters have benefited by an average of £113. According to Freedom of Information requests made to the MHCLG, the average deposit value before the cap was £1,108 and this fell to £1,025 in March 2021. If there had been no cap, and deposits had increased at the same rate as rents in those two years (2.69 per cent), the average deposit would have been £1,138 –  £113 more than the actual average. For the report, click here.

Homelessness provision: Homeless Link
On 16 September 2021 Homeless Link published two reports examining the state of the homelessness sector and best practice as the country emerges from the pandemic. Using an online survey, interviews with sector leaders and information gathered through the charity’s work with its 900+ members, Working Together: the homelessness sector’s path beyond COVID describes how the many challenges of the past eighteen months have fostered a time of rapid change and growth across homelessness provision in England. The second report, Homelessness Provision for the Future, expands on the themes identified in Working Together by exploring best practice during the pandemic. Fifteen case studies from across England are used to examine how the new ways of working have presented a chance for organisations to rethink and reprioritise. To read the reports, click here and then on the links at the foot of the page opened.

Housing Ombudsman’s Advisory Board
On 22 September 2021 the Housing Ombudsman announced that it has appointed a new Advisory Board, which is intended to bring an independent and external perspective to help to drive forward our plans. The Board takes effect from 1 October 2021. For the announcement, click here.

Low-rise buildings
On 26 September 2021 the Guardian reported that despite a government announcement in July that external wall surveys, or EWS1 certificates, would no longer be required on buildings not higher than 18 metres, mortgagees are still requiring checks which can take several months to carry out. 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 is 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.

HOUSING LAW CONSULTATIONS

The Building Safety Levy
This consultation seeks views on the design of a proposed levy on developers who seek regulatory permission to build certain high rise residential buildings. The consultation also seeks evidence of possible impacts on housing supply and regeneration, and the housebuilding industry.

The powers to create and set the terms of the levy are set out in the Building Safety Bill. Subject to the passage of the Bill through Parliament, this levy will apply to developments in England seeking building control approval from the Building Safety Regulator to start construction of certain buildings: the “Gateway 2” stage of the new building safety regime.

For documents relating to the consultation, which closes on 15 October 2021, click here.

Local taxes for second homes and self-catering accommodation – Wales
The Welsh Government is consulting on the discretionary powers which allow local authorities to levy a higher rate of council tax on:

• second homes
• long-term empty properties.

The consultation also asks for views and evidence on the criteria used to define a property as self-catering accommodation for local tax purposes.

For the consultation, which closes on 17 November 2021, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

What’s causing structural racism in housing Khem Rogaly, Joseph Elliott and Darren Baxter Joseph Rowntree Foundation 14 September 2021 – to read the article, click here

Landlord register is a start in protecting private renters Polly Neate Shelter Blog 16 September 2021 – to read the article, click here

Pulling down the ladder: The case for a proportional property tax Shreya Nanda Institute for Public Policy Research 17 September 2021 – to read the article, click here

Gove's first 100 days in office: what he needs to prioritise to end the housing emergency Alastair Harper Shelter Blog 17 September 2021 – to read the article, click here

When a specified sum is a variable service charge Giles Peaker Nearly Legal 19 September 2021 – to read the article, click here

How can we work together to support people sleeping rough this winter? Fiona Colley Guardian 21 September 2021 – to read the article, click here

Housing disrepair claims and costs Alex Bagnall Local Government Lawyer 24 September 2021 – to read the article, click here

Fixed recoverable costs in housing conditions claims Matthew Lake Local Government Lawyer 24 September 2021 – to read the article, click here

Things! Useful and allowing for schadenfreude Giles Peaker Nearly Legal 26 September 2021 – to read the article, click here

Building communities = building long-term value Sara Bailey Trowers and Hamlins 27 September 2021 – to read the article, click here

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

HOUSING LAW DIARY

30th September 2021                                   
Expiry of special measures in respect of notice of intention to seek possession, introduced by Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021

30th September 2021                                   
Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 come into force (except for regs 3 to 6)

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