9th February 2022
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HOUSING LAW NEWS & POLICY ISSUES
 

Levelling up white paper published
On 2 February 2022 the DLUHC published its much heralded white paper on levelling up. In respect of housing, the government said:

  • The ‘80/20 rule’ which leads to 80 per cent of government funding for housing supply being directed at ‘maximum affordability areas’ – in practice, London and the South East – will be scrapped, with much of the £1.8 billion brownfield funding instead being diverted to transforming brownfield sites in the North and Midlands. The Metro Mayors will be allocated £120 million of this funding.
  • The government will announce a plan that all homes in the Private Rented Sector will have to meet a minimum standard – the Decent Homes Standard. Section 21 ‘no fault’ evictions will further be abolished, ending the unfair situation where renters can be removed from their homes for no reason. The government will consult on introducing a landlords register, and will set out plans for a crackdown on rogue landlords, making sure fines and bans stop repeat offenders leaving renters in terrible conditions.
  • Home ownership will be boosted due to a new £1.5 billion Levelling Up Home Building Fund being launched, which will provide loans to SMEs and support the UK government’s wider regeneration agenda in areas that are a priority for levelling up.
  • The government will further commit to building more genuinely affordable social housing. A new Social Housing Regulation Bill will deliver upon the commitments the government made following the Grenfell tragedy in 2017.

For the DLUHC announcement, click here. For the white paper, click here.

Levelling up white paper: responses
There have been may responses to the government’s white paper on levelling up. Some of those commenting specifically on the housing elements are as follows. For the response of the Local Government Association, click here and that of Crisis, click here. The Centre for Ageing Better also commented concerning the ‘dire state’ of housing; for that comment, click here. CIEH has welcomed the white paper and called the commitments to improving housing standards and introducing a national register for landlords a firm step in the right direction; for their response, click here. For comment by the National Residential Landlords Association, click here and for that of Shelter, click here.

Civil Procedure (Amendment) Rules 2022
These Rules, which come into force on 6 April 2022, make a raft of amendments to the Civil Procedure Rules 1998, reflecting (amongst other changes) current work to simplify and condense the Rules in respect, for example, to acknowledgement of service and default judgment. Anti-Social Behaviour CPR 65 is amended in response to a Civil Justice Council report and their recommendation on legal advice. For the Amendment Rules, click here. For the 1998 Rules, click here.

Regulation of social housing: Commons LUHC Committee inquiry
On 7 February 2022 the Commons Levelling Up, Housing and Communities Committee held the latest oral evidence session for its inquiry into the regulation of social housing in England. The session focused on questions around the condition of social housing, tenant engagement, financial pressures on housing providers, and the roles of the Housing Ombudsman and Regulator of Social Housing. To watch the session, click here. For more details of the Committee’s inquiry into the regulation of social housing, click here.

Leasehold high-rise flats: Who pays for fire safety work?
On 3 February 2022 the House of Commons Library published an updated briefing paper considering debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. For the paper, click here.

Human Rights Act reform: Justice Committee inquiry
On 8 February 2022 the House of Commons Justice Committee questioned former Supreme Court Justice Lord Carnwath, human rights barrister Kirsty Brimelow QC and leading academics in the second of two sessions examining proposals to reform the UK’s Human Rights Act. To watch the session, click here. For more details of the Committee’s inquiry, click here.

Tackling the under-supply of housing in England
On 4 February 2022 the House of Commons Library published a briefing covering trends in housing supply and considering barriers and potential solutions to delivering more homes. For the briefing, click here.

Improving access to social housing for victims of domestic abuse
On 25 January 2022 the DLUHC published updated guidance for local authorities to improve access to social housing for victims of domestic abuse. For the guidance, click here.

Renting homes: guidance for landlords – Wales
On 7 February 2022 the Welsh government published updated guidance for landlords explaining how new laws are planned to change the way properties will be rented from 15 July 2022. For the guidance, go to wales.gov and then to ‘Housing’ and then to ‘Announcements’.

Renting homes: guidance for tenants – Wales
On 4 February 2022 the Welsh government published updated guidance for tenants and licensees explaining what Renting Homes means. For the guidance, go to wales.gov and then to ‘Housing’ and then to ‘Announcements’.

Fitness of homes for human habitation: guidance for landlords – Wales
On 7 February 2022 the Welsh government published updated guidance explaining what landlords must do from 15 July 2022 to ensure their property is in good repair and fit for human habitation. For the guidance, go to wales.gov and then to ‘Housing’ and then to ‘Announcements’.

Issues arising from cavity wall insulation (CWI) installations: guidance – Wales
On 7 February 2022 the Welsh government published a consumer guide to issues arising from cavity wall insulation (CWI) in Welsh properties. For the guide, click here.

Supported accommodation: temporary exclusion guidance – Wales
On 4 February 2022 the Welsh government published guidance for landlords on the short term exclusion of the contract-holder from the property for up to 48 hours at a time. For the guidance, click here.

Housing Ombudsman issues Special Report on Lambeth’s complaint handling
On 1 February 2022 the Housing Ombudsman issued a Special Report on the London Borough of Lambeth following the volume and frequency of complaint handling failure orders issued and a series of formal investigations. For more details, click here.

Fees for social housing regulation
On 4 February 2022 the Regulator of Social Housing published updated principles of the regulator's fee-charging scheme for registered providers and practical guidance about its operation. For the guidance, click here.

HOUSING LAWS IN THE PIPELINE
 

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 completed its passage through the House of Commons on 19 January 2022. It received its first reading in the House of Lords on 20 February 2022. It received its second reading on 2 February 2022. Committee stage begins on 21 February 2022. For the Bill as brought from the House of Commons, 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 17 January 2022, click here. For a briefing produced by the Local Government Association in advance of the second reading in the House of Commons, click here. To follow progress of the Bill, click here.

Leasehold Reform (Ground Rent) Bill
This Government Bill would make provision about the rent payable under long leases of dwellings. The Bill completed its House of Lords stages on 14 September 2021 and was presented to the House of Commons on 15 September 2021. The Bill received its second reading debate on 29 November 2021. The Public Bill Committee reported the Bill with amendments to the House on 9 December 2021. The Bill had its third reading on 24 January 2022. The Bill returned to the House of Lords on 7 February 2022 for consideration of Commons amendments. For the Bill as brought from the House of Lords, click here. For a House of Commons Library briefing concerning the Bill, published on 20 January 2022, click here. To follow progress of the Bill, click here.

Caravan Sites Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the requirements for caravan site licence applications made under the Caravan Sites and Control of Development Act 1960. It was presented to Parliament on 21 June 2021 and its second reading was been further postponed to 25 February 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 postponed second reading on 25 February 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the Mobile Homes Act 1983. It was presented to Parliament on 21 June 2021 and will receive its postponed second reading on 25 February 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Homeless People (Current Accounts) Bill
This Private Members’ Bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. It was presented to Parliament on 21 June 2021. Second reading has been further postponed to 25 February 2022. The Bill awaits publication. To follow progress of the Bill, 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 postponed second reading on 25 February 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Fire Safety Remediation Charges (Recovery and Enforcement) Bill
This Private Members’ Bill would introduce a moratorium on recovery and enforcement action by freeholders and managing agents relating to service charges increases, fees or demands for payment in respect of leaseholders’ share of the costs of fire safety remediation work. It was presented to Parliament on 24 January 2022. Second reading is scheduled to take place on 18 March 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. Second reading was further postponed to 14 January 2022 but was nit debated on that day. The Bill awaits publication. To follow progress of the Bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal; and establish asylum seeker accommodation eviction procedures for public authorities. It was presented to Parliament on 21 June 2021. The second reading was postponed to 14 January 2022 but was not debated on that day.The Bill awaits publication. 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

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.

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HOUSING LAW CONSULTATIONS
 

Regulator of Social Housing: Consultation on the introduction of tenant satisfaction measures
The Regulator of Social Housing is seeking views on its proposals for tenant satisfaction measures which are part of implementing changes to consumer regulation set out in the Government’s ‘The Charter for Social Housing Residents: Social Housing White Paper’. The measures would provide data about social housing landlords’ performance and the quality of their services to help tenants hold their landlord to account and help RSH in its future consumer regulation role. The Regulator looks forward to hearing from landlords, tenants and anyone with an interest in social housing by 3 March 2022. For the consultation documents, click here.

Reforming the leasehold and commonhold systems in England and Wales
The DLUHC is consulting on a number of Law Commission recommendations that would broaden access to enfranchisement (buying the freehold) and the ‘right to manage’ a building. The proposals would increase the ‘non-residential limit’ from 25 to 50 per cent, allowing leaseholders in buildings with up to 50 per cent non-residential floorspace to buy their freehold or claim a right to manage. The DLUHC is also considering recommendations that allow leaseholders to require that a landlord take on leases for any non-participating units following a collective enfranchisement; the introduction of a non-residential limit for individual freehold acquisitions; and changes to voting rights in right to manage companies. On Commonhold, the Department is considering how shared ownership products could work in commonhold settings; and the provision of information for buying and selling a commonhold property.

For the consultation, which closes on 22 February 2022, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Tenants at risk of youth violence shouldn’t have to become homeless. It's putting young people's lives at risk Deborah Garvie Shelter Blog 31 January 2022 – to read the article, click here

Homeless and isolated: Working with non-UK nationals who identify as LGBTQI+ Sebastian Rocca Homeless Link 1 February 2022 – to read the article, click here

Making the case for local authority-led housing Rob Sellen Local Government Lawyer 2 February 2022 – to read the article, click here

The Renting Homes (Wales) Act 2016: the key changes Lee Russell and Victoria Smith Local Government Lawyer 2 February 2022 – to read the article, click here

Would your organisation like to learn more about effective ways of working with women who experience homelessness? Michaela Campbell Homeless Link 2 February 2022 – to read the article, click here

Tenant satisfaction measures, neighbourhood management and anti-social behaviour Chris Grose Local Government Lawyer 2 February 2022 – to read the article, click here

The end of 'trickle-down housing'. A chance to make housing genuinely affordable again Alastair Harper Shelter Blog 2 February 2022 – to read the article, click here

First Homes - what will it mean for rural areas? Jo Lavis CIH Blog 2 February 2022 – to read the article, click here

Deposits, possession claims and corporate landlords Justin Bates and Tom Morris Local Government Lawyer 2 February 2022 – to read the article, click here

Thousands of tenants in England could miss out on council tax cut Zoe Wood Observer 6 February 2022 – to read the article, click here

Suitability and affordability – Court of Appeal on assessing affordability Giles Peaker Nearly Legal 6 February 2022 – to read the article, click here

Work to be done on housing and human rights Callum Chomczuk CIH Blog 7 February 2022 – to read the article, click here

Caught in the rental trap, we’re trying to turn our flat into a co-op. Here’s what we’ve learned Ruby Lott-Lavigna Guardian 7 February 2022 – to read the article, click here

Give and take – recent developments, housing law and LAG Sue James Legal Action February 2022 – to read the article, click here

Housing conditions: update (Feb 22) Catherine O’Donnell Legal Action – to read the article (subscription required), click here

Housing: recent developments (February 22) Jan Luba QC and Sam Madge-Wyld Legal Action – to read the article (subscription required), click here

HOUSING LAW DIARY
 

22 February 2022                                 
Closing date for submissions to the consultation on Reforming the leasehold and commonhold systems in England and Wales (see Housing Law Consultations)

22 February 2022                                 
Committee stage begins in the House of Lords of the Building Safety Bill (see Housing Laws in the Pipeline)

25 February 2022                                 
Postponed second reading of the Caravan Sites Bill (see Housing Laws in the Pipeline)

25 February 2022                                 
Postponed second reading of the Mobile Homes Act 1983 (Amendment) Bill (see Housing Laws in the Pipeline)

25 February 2022                                 
Postponed second reading in the House of Commons of the Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

25 February 2022                                 
Postponed second reading in the House of Commons of the Housing Standards (Refugees and Asylum Seekers) Bill (see Housing Laws in the Pipeline)

25 February 2022                                 
Postponed second reading in the House of Commons of the Evictions (Universal Credit) Bill (see Housing Laws in the Pipeline)

3 March 2022                                       
Closing date for submissions to the consultation on Regulator of Social Housing: Consultation on the introduction of tenant satisfaction measures (see Housing Law Consultations)

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