HOUSING LAW NEWS & POLICY ISSUES

Housing cases in the courts: October to December 2021
On 3 March 2022 the Ministry of Justice published statistics for the volume of civil and judicial review cases dealt with by the courts between 1 October and 31 December 2021. Mortgage and landlord possession claims were down to 17,000 and by 46 per cent compared to the same quarter of 2019. This decrease has been driven by a fall in all claim types since March 2020 due to actions following Covid-19. The overall trend in mortgage and landlord possession claims has been decreasing since a peak of 60,000 in January to March 2014. For the full statistics, click here. For an annex specific to mortgage and landlord possession cases (published on 16 February 2022 and previously reported in Housing Law Week), click here.

Supreme Court: termination of a flexible tenancy agreement
On 9 March 2022 the Supreme Court will deliver judgment in Croydon London Borough Council v Kalonga as to whether a landlord can terminate a flexible tenancy agreement prior to the expiry of the fixed term if the tenancy agreement does not expressly provide for re-entry or forfeiture. For the judgment, click here. When available, it will be listed under ‘Latest judgments’. For the judgment in the Court of Appeal, click here.

Housing (Approval of Code of Management Practice) (Student Accommodation) (England) Order 2022
This Order, which comes into force on 22 March 2022, approves a new Code of Practice (and withdraws approval of an earlier Code of Practice) laying down standards of conduct and practice to be followed with regard to the management of houses in multiple accommodation or of living accommodation falling within Schedule 14 to the Housing Act 2004. Certain buildings occupied by students are excepted accommodation pursuant to paragraph 4 of that Schedule. The approved Code of Practice is the Accreditation Network UK/Unipol Code of Standards for Larger Developments for Student Accommodation Not Managed and Controlled by Educational Establishments dated 1 March 2022. For the Order, click here.

Tackling Violence against Women and Girls – Lambeth
On 2 March 2022 the Local Government Association published as a case study details of the Lambeth Made Safer VAWG Strategy 2021-27. It “has been developed by experts by experience, residents and those working with victims and survivors of all forms of VAWG. It sets out the partnership’s vision, goals and commitments to make Lambeth a borough where everyone is safe”. For full details, click here.

Social housing complaints
Since 21 February 2022 the DLUHC have been running a second campaign to raise awareness of, and confidence in, the social housing complaint making process. For the campaign webpage, click here.

Homelessness accommodation provision and rough sleeping: December 2021 – Wales
On 3 March 2022 the Welsh Government published information on persons placed into temporary accommodation and rough sleepers for December 2021. The main points are:

• Throughout Wales, 967 people presenting as homeless were placed into temporary accommodation during the month, 271 fewer than in November 2021. Of these, 147 were dependent children aged under 16, a decrease of 101 from November 2021.
• At 31 December 2021, 7,372 individuals were in temporary accommodation, an increase of 134 from 30 November 2021. 1,941 of these were dependent children aged under 16, an increase of 150 from 30 November 2021.
• Between the beginning of the Covid-19 pandemic and the end of December 2021, over 18,000 people who were previously homeless have been supported into emergency temporary accommodation.
• 551 homeless individuals were moved into suitable long-term accommodation, 20 fewer than in November 2021. Of the individuals moved into suitable long-term accommodation, 188 were dependent children aged under 16, an increase of 14 from November 2021.
• At 31 December 2021, there were an estimated 99 individuals sleeping rough throughout Wales. This is a decrease of 2 from the 101 individuals sleeping rough at 30 November 2021.
• As at 31 December 2021, Cardiff (21), Newport (16), Caerphilly (14), Ceredigion (10), Pembrokeshire (8), and Powys (7) were the local authorities reporting the highest numbers of individuals sleeping rough. All other local authorities reported 6, or fewer, individuals sleeping rough, with seven local authorities reporting zero.

For the full details, go to wales.gov, then to ‘housing’ and then to ‘publications’.

Housing Ombudsman: new three-year plan published
On 3 March 2022 the Housing Ombudsman published a three-year corporate plan for 2022-25 setting out its response to an unprecedented increase in demand for its service and how it will work across the sector to promote fairness through its investigations, strengthen local complaint handling and encourage learning to improve services. The plan sets out ambitious goals built around the Housing Ombudsman’s four values of fairness, learning, openness and excellence. Within these are three key strategic programmes aiming to:

• Extend fairness – by supporting early resolution at a local level, strengthening the framework for Ombudsman investigations, enhanced thematic insights and systemic investigations, providing evidence to support an extension to its powers and closing gaps in redress
• Encourage learning – through a new Centre for Learning, that champions learning from complaints among social landlords, and driving a positive complaints culture
• Increase openness – through raising awareness and building understanding of the Ombudsman among all residents and collaborating with partners to extend the reach of the service.

For more information, click here.

Social housing: Levelling Up Committee hears from local authority and housing organisations
On 3 March 2022 the Commons Levelling Up, Housing and Communities (LUHC) Committee held the latest oral evidence session for its inquiry into the regulation of social housing in England. The LUHC Committee heard from witnesses representing tenants, finance sectors, and housing organisations. The first panel of the evidence session focused on tenant engagement and empowerment, the stigmatisation of social housing tenants and accusations of racism within the sector. The second panel considered the condition and energy efficiency of the social housing stock and the regime for regulating the consumer standards, including the effectiveness of the Decent Homes Standard. To watch the session, click here.

Housing Ombudsman: two severe maladministration findings for failings on damp and mould case
On 1 March 2022 the Housing Ombudsman reported that two severe maladministration findings had been made in respect of the London Borough of Lambeth’s significant failings in dealing with a long-standing complaint about damp and mould caused by leaks. The resident had been dealing with water coming into her property and causing damp and mould since 2015. The Ombudsman had previously investigated a complaint from the resident about repairing leaks at the property and ordered the landlord to carry out a range of works to resolve the issue. The landlord confirmed that works had either been completed or were planned. In 2020 the resident complained to the landlord and asked for proof of the works ordered having been completed, and she contacted the Ombudsman. She said the problem had been extremely stressful and had a huge negative impact on her and her family’s wellbeing, as well as their use and enjoyment of their home. The Ombudsman found (i) severe maladministration for the landlord’s failings in dealing with the leaks and associated damp and mould at the property and (ii) severe maladministration for the landlord’s handling of the complaint with long delays and failure to address the complaint in any meaningful way. For a case summary, click here.

Private renting and Ukrainian refugees
On 1 March 2022 the National Residential Landlords Association called on the Government to provide landlords with additional guidance on how they can flag the availability of properties which can house individuals or families fleeing the Ukraine conflict. For the press release, click here.

‘Almost 85,000 new private rented homes a year needed in London’: NRLA
On 3 March 2022 the National Residential Landlords Association published the finding of a new report that London needs almost 85,000 new private rented homes a year to meet its housing needs. The report, authored by economics consultancy Capital Economics and commissioned by the NRLA, reveals the shortage in the supply of rented homes across London. The conclusions are based on government targets which state that 340,000 homes a year must be built across the UK by the middle of this decade to meet future demand. For more details, click here.

How to report suspicions of fraud, bribery or corruption at the RSH
On 28 February 2022 the Regulator of Social Housing published guidance as to how to report suspicions of fraud, bribery or corruption at the RSH, including the contact details for doing so. For the guidance, click here.

Non-British rough sleepers
On 6 March 2022 the Observer reported that “the personal data of dozens of non-British rough sleepers has been shared with the Home Office under a controversial programme that could lead to their deportation”. According to documents obtained by Liberty Investigates and the Observer, councils and homelessness charities have shared the details of homeless people 85 times with the Home Office under the Rough Sleeping Support Service. The Home Office has not disclosed how many people have been removed from the UK. For the report, click here.

HOUSING LAWS IN THE PIPELINE

Building Safety Bill UPDATED
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. The Committee stage was concluded on 2 March 2022. For the Bill as amended in Committee, click here. The Report stage is yet to be scheduled. 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, produced on 18 February 2022 and setting out four ‘core asks’, click here. To follow progress of the Bill, click here.

Social Housing (Emergency Protection of Tenancy Rights) Bill
This Private Members' Bill, sponsored by Helen Hayes, would give social housing tenants the right to continuity of secure tenancy in circumstances when they have to move because of a threat to the personal safety of the tenant or someone in their household; and to place associated responsibilities on local authorities and social housing providers. Second reading of the Bill is scheduled to take place on 18 March 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 18 March 2022. 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. Second reading has been further postponed to 18 March 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. Second reading has been further postponed to 18 March 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. Second reading has been further postponed to 18 March 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 18 March 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. Second reading has been further postponed to 18 March 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.

HOUSING LAW CONSULTATIONS

Local connection requirements for social housing for victims of domestic abuse
The DLUHC is seeking views on:

• Proposals to introduce regulations to enable victims of domestic abuse who need to move to another local authority district to qualify for an allocation of social housing in the new area; and
• How local authorities are making use of the existing legislation and guidance to support victims of domestic abuse who wish to move within and across local authority boundaries.

During the passage of the Domestic Abuse Act 2021 concerns were raised relating to local connection tests for domestic abuse victims who apply for social housing. The consultation closes on 10 May 2022. For the consultation document, click here.

The impacts of joint tenancies on victims of domestic abuse
The DLUHC is seeking views on the impacts of the law on joint tenancies on victims of domestic abuse in the social rented sector. It is interested in whether:

• Perpetrators are using their ability to end a joint tenancy to threaten the victim with homelessness;
• Victims feel trapped in their joint tenancy with the perpetrator;
• The current guidance for social landlords is sufficient to support victims in joint tenancies; and
• The law on transferring joint tenancies is functioning successfully for victims.

During the passage of the Domestic Abuse Act 2021, concerns were raised over the current rules on joint tenancies, which mean that victims of domestic abuse who are in a joint tenancy with their abuser can be vulnerable to the threat of being made homeless by their abuser. Should the victim want to stay in the family home, there is currently no straightforward means to remove the abuser from the tenancy and remove the risk of homelessness.

The DLUHC is gathering evidence from victims, landlords, the legal profession, advisory services and other organisations and individuals associated with the domestic abuse sector with an understanding of the issues impacting victims in joint social housing tenancies.

The consultation closes on 10 May 2022. For the consultation document, click here.

London Fire Safety Guidance
On 11 February 2022 the London Mayor launched a consultation on the draft Fire Safety London Plan Guidance (LPG). It sets out how applicants should demonstrate compliance with London Plan Policies D12 Fire Safety and D5(B5) Inclusive design (evacuation lifts) in order to demonstrate their schemes achieve the highest standards in fire safety. The Fire Safety LPG reiterates that the fire safety of developments needs be considered from the outset to ensure the most successful outcomes are achieved for building occupants and users. It is essential fire safety measures and the evacuation strategy are integral to the overall layout and design of a development, rather than considered for the first time at Building Control stage. For the consultation, that closes for submissions on 20 June 2022, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Neglecting owner occupied homes is a missed opportunity to level up David Orr Centre for Ageing Better 1 March 2022 – to read the article, click here

Helping the homeless in the cost of living crisis Centrepoint 1 March 2022 – to read the article, click here

"Everyone In”: policy or no policy and the duty to consult/publish Matthew Feldman Local Government Lawyer 2 March 2022 – to read the article, click here

Property Guardians and HMOs – they are, you know Giles Peaker Nearly Legal 2 March 2022 – to read the article, click here

Right to Buy receipts: the new acquisition cap Scott Dorling and Sarah Monaghan Trowers & Hamlins 2 March 2022 – to read the article, click here

Seeking ASB injunctions Sara Powell Local Government Lawyer 2 March 2022 – to read the article, click here

Key points for local authorities and housing associations: Government Response to the Transforming Public Procurement consultation Rebecca Rees and Stuart Brown Trowers & Hamlins 2 March 2022 – to read the article, click here

The new shared ownership model leases – FAQs Keith Cornell and Suzanne Benson Trowers & Hamlins 2 March 2022 – to read the article, click here

The Building Safety Bill: the Amendments Devonshires 2 March 2022 – to read the article, click here

Offering deferred payment arrangements to leaseholders while remaining compliant with FCA regulation Tom Wainwright Trowers & Hamlins 2 March 2022 – to read the article, click here

Levelling Up and housing Lee Stone Local Government Lawyer 2 March 2022 – to read the article, click here

This is how we've campaigned to fix renting – so, what next?  James Austin Shelter Blog 3 March 2022 – to read the article, click here

An HMO by any other name… Alexander Campbell Field Court Chambers 4 March 2022 – to read the article, click here

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

HOUSING LAW DIARY

9 March 2022                                       
Supreme Court to deliver judgment in Croydon London Borough Council v Kalonga as to whether a landlord can terminate a flexible tenancy agreement prior to the expiry of the fixed term if the tenancy agreement does not expressly provide for re-entry or forfeiture

18 March 2022                                     
Scheduled second reading in the House of Commons of the Social Housing (Emergency Protection of Tenancy Rights) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading in the House of Commons of the Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading of the Caravan Sites Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading of the Mobile Homes Act 1983 (Amendment) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading in the House of Commons of the Housing Standards (Refugees and Asylum Seekers) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading in the House of Commons of the Housing Standards (Refugees and Asylum Seekers) Bill (see Housing Laws in the Pipeline)

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

22 March 2022                                    
The Housing (Approval of Code of Management Practice) (Student Accommodation) (England) Order 2022 comes into force (see Housing Law News and Policy Issues)

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