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HOUSING
LAW NEWS & POLICY ISSUES
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Kerslake Commission on
Homelessness and Rough Sleeping
On 23 March 2021 Lord Kerslake announced
the formation of a new independent
Commission established to examine and
learn the lessons from the emergency
response which supported people sleeping
rough during the Covid-19 pandemic,
describing it as a ‘watershed moment’.
Chaired by Lord Kerslake, it aims to
help all agencies involved in supporting
those who are rough sleeping, or
homeless and at risk of rough sleeping,
to understand what worked during the
pandemic and what is now needed to embed
the good practice of the past year. An
Advisory Board comprised of 17 people
from housing, health and homelessness
bodies will meet four times between
March and September 2021. Secretariat
support for this independent Commission
will be provided by St Mungo’s. The
Commission will gather evidence from
across housing, health and homelessness
sectors to feed into a report produced
in the autumn with recommendations of
how to consolidate and improve this way
of working for the future. For the
website of the Commission, click
here. For the response
of the Local Government Association, click
here.
Legal aid statistics quarterly:
October to December 2020
On 25 March 2021 the Ministry
of Justice published legal aid
statistics for October to December 2020.
In that period, there were 4,892 legally
aided housing cases (down 39 per cent on
a year ago) costing £4.9 million (down
26 per cent on a year ago). Almost 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 October to December
2020 there was a 33 per cent decrease in
housing work starts compared to the same
quarter the previous year. There were
also decreases in completed claims (36
per cent) and decreases in expenditure
(19 per cent). Following a six-month
period with no starts between April and
September 2020, HPCDS resumed in October
2020. There was an average of 154 starts
per month between October and December
2020, with an increase to 454 starts in
January 2021. For the full statistics, click
here.
Grenfell Tower Inquiry
On 29 March 2021 the Guardian
reported claims made at the Grenfell
Tower Inquiry that in 2010 a resident
had warned the Royal Borough of
Kensington and Chelsea in writing that
an “inferno” could engulf the building
and “trap the residents … with no
escape”. Lawyers for the bereaved and
survivors accused the council of an
“ethos of indifference or hostility
[that] came to permeate the
non-negotiable matter of fire safety”
and claimed the fire was “a landmark act
of discrimination against disabled and
vulnerable people”. For the report, click
here.
Private renting: Citizens Advice
On 26 March 2021 Citizens
Advice published research showing that
it is “now helping one person every
minute with problems relating to renting
from a private landlord”. Figures from
the charity's website show that in the
first two months of the year 69,000
people viewed its advice pages dealing
with problems related to private
tenancies. In the same period Citizens
Advice also helped 16,530 people with
one-to-one advice on these issues. That
figure includes:
- 4,781 (29 per cent) who had problems
with repairs or maintenance
- 1,541 (9 per cent) who were worried
about possession action not related to
rent arrears
- 848 (5 per cent) who reported
harassment by their landlord
- 670 (4 per cent) who wanted help
with a possible illegal eviction.
Two-thirds of those surveyed had
experienced problems with maintenance or
disrepair in the last three months.
Citizens Advice says the forthcoming
Renters’ Reform Bill is an opportunity
to lay the foundations of a more
equitable private rented sector. The
charity wants:
- An end to Section 21 ‘no fault’
evictions, as promised by the
government in 2019.
- Indefinite tenancies used as
standard, to give renters more
certainty and flexibility, and reduce
their exposure to annual rent
increases.
- A new National Housing Body and
register to set consistent standards,
give tenants greater protection, and
help responsible landlords
For more details, click
here.
Private renting: NRLA
On 26 March 2021 the National
Residential Landlords Association
published research which shows that
there are an estimated 840,000 private
tenants who have accumulated rent
arrears since lockdown measures began.
With no action possible against them,
the NRLA says that these debts are
increasing to the point where there is
no hope of many being able to afford to
pay them back. In the opinion of the
NRLA, the outcome will be that most will
have to leave their homes as emergency
measures taper down from June; and the
situation for landlords is being made
worse by the strains that the courts are
now under in hearing the relatively few
cases that are being allowed to go
ahead. The NRLA is calling on the courts
to make much better use of technology to
ensure that legitimate possession cases
can be heard more swiftly. For the
research results, click
here. For the
associated press release, click
here.
Charities call for an end to
homelessness, hunger and poverty
On 26 March 2021, the
anniversary of Everyone In, Crisis,
Joseph Rowntree Foundation and The
Trussell Trust wrote an open letter to
the Prime Minister to seek a new
commitment that no one should be
homeless, hungry or living in poverty
today. For the letter, click
here.
Call for investment in long-term
solutions to end homelessness
On 26 March 2021 Homeless Link,
Centrepoint, National Housing Federation
and Shelter called for investment in
long-term solutions to end homelessness.
For the full statement, click
here.
Average weekly social housing
rents
On 25 March 2021 the MHCLG
published tables showing the average
local authority weekly rents, organised
by district (table 702) and private
registered provider average weekly
rents, organised by district (table
704). For the tables, click
here.
Housing options for serving and
ex-military personnel
On 24 March 2021 the House of
Commons Library published a paper
outlining the housing options open to
serving and ex-military personnel. It
does not cover service accommodation
provided by the Ministry of Defence. For
the paper, click
here.
Government’s Independent Review
of the Human Rights Act
On 23 March 2021 the Parliamentary Joint
Committee on Human Rights, in the final
session of its inquiry into the
Government's Independent Review of the
Human Rights Act, considered the impact
of the Act on the enforcement of human
rights in the UK and whether there is
any case for reform of the Act. Topics
for questions included:
- The balance between enabling
individuals to enforce their rights
and effective government
- The impact of the Human Rights Act
on Parliamentary sovereignty
- Territorial limits on the
application of the Human Rights Act
- The impact of any potential reforms
on the right to an effective remedy
- Whether more could be done to
address negative misconceptions about
the Act.
To view the session, click
here. For more details
of the inquiry, click
here.
Covid-19: Protecting tenants
from eviction – Wales
On 26 March 2021 Julie James, the Welsh
Government’s Minister for Housing and
Local Government, provided a written
statement on the range of powers granted
by the Coronavirus Act 2020 to the Welsh
Ministers to respond to and manage the
transmission of the virus. For the
statement, go to the Welsh Government
website at www.gov.wales and click on
‘Housing’.
Tenancy Saver Loan Scheme and
Discretionary Housing Payments – Wales
On 24 March 2021 Julie James,
the Welsh Government’s Minister for
Housing and Local Government, provided a
written statement concerning an
extension to the Tenancy Saver Loan
Scheme and additional funding for
Discretionary Housing Payments. For the
statement, go to the Welsh Government
website at www.gov.wales and click on
‘Housing’.
Renting Homes (Wales) Act 2016
consultations
On 24 March 2021 the Welsh Government
launched a consultation on:
- draft model written statements
regulations, including the design,
structure and order of the model
written statements
- draft explanatory information
regulations for written statements.
The consultation ends on 16 June 2021.
For the consultation document, click
here. For the draft
regulations, click
here. For the outcome
of a consultation on proposed
regulations, made under section 94 of
the Act, for determining whether a
dwelling is fit for human habitation, click
here.
Homelessness accommodation
provision and rough sleeping: January
2021 – Wales
On 25 March 2021 the Welsh
Government published information on
persons placed into temporary
accommodation and rough sleepers for
January 2021. In January 2021:
- Throughout Wales, 1,296 people
presenting as homeless were placed
into temporary accommodation during
the month, 377 more than in December
2020. Of these, 161 were dependent
children aged under 16, an increase of
54 from December 2020.
- At 31 January 2021, 5,952
individuals were in temporary
accommodation, an increase of 419 from
31 December 2020. 1,249 of these were
dependent children aged under 16, an
increase of 57 from 31 December 2020.
- 469 homeless individuals were moved
into suitable long-term accommodation,
76 fewer than in December 2020. Of the
individuals moved into suitable
long-term accommodation, 134 were
dependent children aged under 16, a
decrease of 47 from December 2020.
- At 31 January 2021, there were an
estimated 59 individuals sleeping
rough throughout Wales. This is a
decrease of 2 from the 61 individuals
sleeping rough at 31 December 2020.
- As at 31 January 2021, Newport (16),
Caerphilly (8), Powys (6) and
Ceredigion (5) were the local
authorities reporting the highest
numbers of individuals sleeping rough.
All other local authorities reported
fewer than five individuals sleeping
rough, with nine local authorities
reporting zero.
For the full data, go to the Welsh
Government website at www.gov.wales and
click on ‘Housing’.
Absence from school amongst
children living in homeless households
– Wales
On 24 March 2021 the Welsh Government
published data comparing school age
children living in households who
approach the City and County of Swansea
housing team, with those who do not or
the ‘stabily’ housed. The main findings
are:
- In any given academic year, just
over 1 per cent of pupils (between the
ages of 5 and 16 years old) were
living in households that have
accessed the City and County of
Swansea housing team.
- The proportion of children who were
eligible for free school meals was
greater amongst households accessing
the Swansea housing team.
- Absenteeism varied with academic
year, but rates were consistently
higher amongst children living in
households that were accessing the
Swansea housing team.
- Becoming homeless or at risk of
homelessness was associated with a 7
per cent increase in total sessions
absent from school.
For the report, go to the Welsh
Government website at www.gov.wales and
click on ‘Housing’.
Housing and homelessness
“critical” issue in local elections
On 24 March 2021 Homeless Link launched
a new campaign to raise the profile of
homelessness in the forthcoming local
elections in England. Homeless Link say
that every person who is elected will
have some responsibility for housing and
homelessness. The charity is working
through its 850+ member organisations
across the country to call on every
candidate to sign the Everyone In For
Good Pledge. The pledge commits elected
candidates to prioritising homelessness
and working to end homelessness for
good. Local members will be meeting with
candidates and organising hustings in
some areas. For more details, click
here.
Housing Ombudsman
On 24 March 2021 the Housing Ombudsman
published a new Systemic Framework
setting out how the Ombudsman will look
beyond individual disputes to identify
key issues that impact on residents and
landlords’ services. Learning will be
shared with the sector to promote good
practice and support a positive
complaint handing culture. For more
information, click
here.
Right to Buy fraudster ordered
to pay back £90,000
On 22 March 2021 Newcastle City Council
reported that Monica Li has been ordered
to repay more than £90,000 for her part
in a Right to Buy fraud. In July 2020 Ms
Li received a 10-month prison sentence
suspended for 18 months for the fraud.
In 2011 she purchased her council house,
valued at £65,000, from Your Homes
Newcastle for £40,950, successfully
applying for a £24,050 discount on the
strict condition that the property was
her principal home. She was actually
living in another house in Sunderland.
After buying the property at the
discounted price, she rented it out. At
a Proceeds of Crime hearing in March Ms
Li was ordered to pay back £90,950 after
the judge took into account the discount
at the time of the purchase, the rental
income, appreciation in the value of the
property over 10 years and other assets
she had accrued. For the report, click
here.
Green homes funding
On 27 March 2021 the Department for
Business, Energy & Industrial
Strategy announced that £300 million of
extra funding is to be invested to cut
greenhouse gas emissions from the
nation’s homes through energy efficiency
and low carbon heating schemes. The
funding will focus on delivering energy
saving upgrades and low carbon heating
to homes through local authorities in
England. Following a review, the Green
Homes Grant Voucher Scheme, launched
last year, will close to new
applications on 31 March at 5pm.
Applications made before the deadline
will be honoured and any vouchers
already issued may be extended upon
request. For more details of the new
funding, click
here. For the response
of the National Residential Landlords
Association, click
here.
Adapted properties
On 23 March 2021 the National
Residential Landlords Association
launched guidance to help inform
landlords of the role they can play in
supporting the UK’s ageing population
and disabled renters. It also called for
greater co-operation between private
landlords and local authorities “to
resolve the urgent need for more adapted
private rented accommodation”. For more
information, click
here.
Mortgage payment problems: FCA
guidance
On 25 March 2021 the Financial Conduct
Authority published finalised guidance
for firms, to ensure that mortgage
customers whose homes may be repossessed
are treated fairly and appropriately,
particularly where there are risks of
harm to customers who are vulnerable,
including as a result of coronavirus.
This means that firms considering or
taking repossession action should do so
only as a last resort and when all other
reasonable attempts to resolve the
situation have failed. Firms should also
take additional care when taking action
to enforce repossession if their
customer would be at greater risk of
harm from coronavirus if made to vacate
the property. For the guidance, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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.
Both Houses have agreed on the text of
the bill which now waits for the final
stage of Royal Assent when the Bill will
become an Act of Parliament. Royal
Assent is yet to be scheduled. 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.
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.
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
returned the Bill to the House of
Commons with amendments. The House of
Commons considered the Lords Amendments
on the floor of the House on 24 February
2021. The House of Lords considered the
Commons amendments to the Bill on 17
March 2021. Outstanding issues on the
bill were returned to the Commons for
consideration. The Commons considered
the Lords message on the Bill on 22
March 2021 and have returned the Bill to
the Lords as they disagreed with certain
Lords amendments. For the bill, as
amended on report, click
here. To read debates
on all stages of the bill, click
here. For a briefing
paper, published by the House of Commons
Library on 19 March 2021, click
here. To follow
progress of the bill, 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 Bill was agreed by the Senedd
on 23 February 2021. The bill now awaits
Royal Assent. For impact assessments, click
here. For the bill as
passed at Stage 4, all other documents
relating to it, and to follow progress
on the bill, click
here.
Housing and Homelessness
(Local Accommodation Duty) Bill
This private member’s bill, sponsored by
Karen Buck, would place a duty on local
authorities to ensure that persons for
whom a homeless duty has been accepted
are accommodated in the local area,
including on discharge into private
rented accommodation; and would require
local authorities to publish annual
reports on steps relating to housing
demand and supply taken or intended to
be taken to meet that duty. The bill had
its first reading on 8 March 2021 and is
due to have a second reading on a date
to be announced. The bill is being
prepared for publication. 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.
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.
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Ngnoguem v Milton Keynes
Council [2021]
EWCA Civ 396
The appeal raised two related points of
law. Firstly, where an applicant who is
dissatisfied with a decision made
pursuant to section 184 of the Housing
Act 1996 (“a s.184 Decision”) requests a
review of that decision pursuant to
section 202 of the Housing Act 1996,
what is the legal status of the
requested decision (“a Review Decision”)
when the authority had issued and
notified the applicant of the Review
Decision out of time? Secondly, where a
Review Decision has been issued and
notified to the applicant late, is it
open to the applicant to commence an
appeal to the county court against the
original s. 184 Decision relying upon
the terms of section 204(1)(b) of the
Housing Act 1996.
The Court of Appeal confirmed the
decision of HHJ Clarke in the county
court and dismissed the appeal on both
grounds.
Background
The appellant and her young daughter had
fled the family home due to domestic
violence and had been living in a refuge
in Merton since September 2017. In
January 2018, she made an application
for assistance to Milton Keynes Council,
as she felt that Milton Keynes was a
safe distance away from her ex-partner.
On the 10th April 2018, the respondent
notified the appellant that her
application had been successful.
However, before the s.184 Decision was
made, the appellant changed her mind and
wanted to live in London. She had not
withdrawn the application. On 10th
September 2018, months out of time, the
appellant requested a review of the
s.184 Decision. The respondent notified
and issued the Review Decision
(confirming the s.184 Decision) four
days late.
The appellant then issued separate
proceedings: the first challenged the
s.184 decision, the second challenged
the validity of the Review Decision.
The appeals came before HHJ Clarke on
24th May 2019. She held that the Review
Decision, despite being issued late, was
a decision which superseded the s.184
Decision and became the decision in
relation to which the appellant had a
right of appeal. She, therefore,
dismissed the appeal against the s.184
Decision. The judge then went on to
consider the appellant’s appeal against
the Review Decision on its merits and
dismissed it.
The Judgment
The appeal was originally listed to be
heard alongside Stanley v Welwyn
Borough Council [2020] EWCA Civ
1458, which raised similar issues. This
did not happen. However, the judgment in
Stanley includes obiter dictum
on the current case, namely HHJ Clarke
“was correct to say that, as at the date
of the review decision, that decision
replaced the original decision of the
authority and there would be no
legitimate interest in doing other than
addressing such legal challenge as there
might be to what was the decision on
review.”
The Court of Appeal confirmed the obiter
dictum in Stanley, save that
it be only in exceptional cases, where
there is an enduring benefit to the
applicant, that there is a justification
for pursuing an appeal to the county
court against the s.184 Decision. In all
other cases, there is no such
justification.
In dismissing the appeal, Stuart-Smith
LJ clearly set out the Court’s
conclusions at paragraph 40:
i) Where an applicant is
dissatisfied with a s.184 Decision,
their primary remedy is to request a
Review Decision;
ii) If such a request is duly
made, the authority is under a mandatory
obligation to review its s.184 Decision
and to notify the appellant of its
decision in the light of that Review
iii) Where the authority
provides a Review Decision, it becomes
the authority’s sole effective and
operative decision whether the Review
Decision is provided within time (as
specified in the regulations or as
extended by agreement in writing) or is
provided late;
iv) Where the applicant has
requested a review and is not notified
of the Review Decision within time then,
provided a (late) Review Decision has
not been notified before the appeal is
brought, the applicant has 21 days form
the date on which it should have been
notified to bring an appeal to the
County Court on any point of law arising
from the original s.184 Decision. If the
authority provides a Review /decision
after such an appeal to the County Court
has been commenced, it will render the
appeal academic save in exceptional
circumstances;
v) Where the applicant has
requested a review and is notified of
the Review Decision within time but
a (late) Review Decision has been
provided before the appeal is brought,
the applicant’s remedy is to appeal to
the County Court on any point of law
arising from the Review Decision
vi) An appeal to the County
Court against the s.184 Decision should
not be commended
after notification of a Review Decision,
whether that notification was in time or
late.”
Summary by Shada
Mellor, barrister, Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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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.
Renting Homes (Wales) Act 2016
Draft Regulations
The Welsh Government is consulting on:
- draft model written statements
regulations, including the design,
structure and order of the model
written statements
- draft explanatory information
regulations for written statements.
The consultation ends on 16
June 2021. For the
consultation document, click
here. For the draft
regulations, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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The dangers women face as
private renters Tilly
Smith Generation Rent 22 March
2021 – to read the article, click
here
This Much We Know Podcast: a
podcast all about Social Enterprises
in the homeless sector Murphy
Hopkins-Hubbard Homeless Link
23 March 2021 – to listen to the
podcast, click
here
Leasehold reform proposals:
Fairer for all? Kyle
Holling, William Bethune and Suzanne
Benson Trowers and Hamlins 24
March 2021 – to read the article, click
here
Mandatory relief when left
in unsuitable temporary
accommodation Giles
Peaker Nearly Legal 28 March
2021 – to read the article, click
here
Why it’s time for the
Renters’ Reform Bill Bronya
Smolen Shelter Blog 29 March
2021 – to read the article, click
here
Jobs and Homes: Stories of
the law in lockdown
David Renton Legal Action
March 2021 – to read the excerpt – click
here
Housing: recent developments
(April 21) Jan Luba QC
and Sam Madge-Wyld Legal Action
February 2021 – to read the article
(subscription required), click
here
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31 March 2021
Coronavirus Act 2020 (Residential
Tenancies: Protection from Eviction)
(Amendment) (England) Regulations 2021
come into force
1 April 2021
Housing Benefit (Persons who have
attained the qualifying age for state
pension credit) (Amendment) Regulations
2021 come into force
1 April 2021
Housing (Shared Ownership Leases)
(Exclusion from Leasehold Reform Act
1967 and Rent Act 1977) (England)
Regulations 2021 come into force
6 April 2021
Tribunal Procedure (Amendment) Rules
2021 come into force
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