16th March 2022
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HOUSING LAW NEWS & POLICY ISSUES
 

Terminating a flexible tenancy in the fixed term: Supreme Court judgment in Kalonga
On 9 March 2022 the Supreme Court gave judgment in Croydon London Borough Council v Kalonga [2022] UKSC 7. It held that a landlord under a fixed term tenancy can recover possession during the fixed term in two circumstances only. Firstly, if the tenancy contains a contractual break clause, the landlord may exercise that clause and then seek possession in a way similar to that applicable to periodic tenancies. Secondly, if the tenancy contains a forfeiture clause, sections 82 and 86 of the Housing Act 1985 provide for a special form of forfeiture to apply. For a summary of the judgment, see New Housing Law Cases below. For the full judgment, click here. For a brief explanation of the judgment by Justin Bates of Landmark Chambers, who appeared for Ms Kalonga in the Supreme Court, click here.

Building safety: Levelling-Up Committee
On 11 March 2022 the Commons Levelling Up, Housing and Communities Committee published a report that finds that too many leaseholders will fall through the cracks of the Government’s “piecemeal measures” to protect leaseholders from the costs of building safety remediation. The report features a series of recommendations for Government, including calls to:

  • Scrap the proposed cap on non-cladding costs for leaseholders
  • Implement a Comprehensive Building Safety Fund to cover the costs of remediating all building safety defects on any buildings of any height where the original “polluter” cannot be traced
  • Compensate leaseholders for costs already paid out, including for interim measures and for rises in insurance premiums
  • Require all relevant parties who played a role in the building safety crisis to contribute to funds for remediation
  • Ensure the Affordable Homes Programme is protected at its current level and that social housing tenants do not pay the price through costs or diversion of funds away from maintaining their homes or other vital services.

For the report, click here. For comment by the Chair, click here. For comment by the National Residential Landlords Association, click here.

Whitechapel tower fire
On 8 March 2022 the Guardian reported that residents of the Relay Building in Whitechapel High Street, where a major fire broke out the previous day, complained that they had not heard the fire alarms that sounded during the incident. Some said that they had complained about the alarms and “stay put” policy prior to the incident. For the report, click here.

Social housing conditions: Levelling Up Committee
On 14 March 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. It heard from Daniel Hewitt, Political Correspondent, ITV News, whose reporting has highlighted a series of concerns regarding poor social housing conditions, and from tenants Angela Price and Nicole Walters, who have previously spoken about their experiences in social housing. To watch the session, click here. For the inquiry’s terms of reference, click here.

Rough sleeping: Minister’s letter to local authorities
On 7 March 2022 the Minister for Rough Sleeping and Housing Eddie Hughes wrote to local authorities following the publication of the annual single night snapshot of the number of people sleeping rough across England. In his letter the Minister set out what the annual rough sleeping statistics (published on 25 February 2022 and covered in Housing Law Week of 2 March 2022) show and the vision for how government intends to build on this to end rough sleeping for good. For the letter, click here. For the annual rough sleeping statistics, click here. For the response of Homeless Link to the rough sleeping snapshot, click here.

No Homeless Veterans campaign: survey responses needed
On 11 March 2022 Homeless Link asked accommodation managers within accommodation providers to complete a survey to help understand their level of knowledge in relation to meeting the housing needs of veterans. The call is being made ahead of the launch of stage two of the No Homeless Veterans campaign, organised by Homeless Link and the National Housing Federation. For more details, click here.

Vacant dwellings
On 9 March 2022 the DLUHC published a table showing the number of vacant dwellings in England, organised by local authority. For the table, click here and go to Table 615.

Families and households in the UK: 2021
On 9 March 2022 the Office for National Statistics published data showing trends in living arrangements including families (with and without dependent children), people living alone and people in shared accommodation, broken down by size and type of household. The main points are:

  • In 2021, there were 19.3 million families in the UK, which represents a 6.5 per cent increase over the decade from 2011 to 2021.
  • In 2021, there were 3.0 million lone parent families, which accounts for 15.4 per cent of families in the UK; the proportions ranged from 13.1 per cent in the South East of England to 17.8 per cent in the North East of England.
  • The number of families that include a couple in a legally registered partnership in the UK has increased by 3.7 per cent in the past decade, to 12.7 million; by comparison, the number of cohabiting couple families saw an increase of 22.9 per cent over the same period, to 3.6 million.
  • There were an estimated 28.1 million households in the UK in 2021, an increase of 6.3 per cent over the last 10 years.
  • The number of people living alone in the UK has increased by 8.3 per cent over the last 10 years; in 2021, the proportion of one-person households ranged from 25.8 per cent in London to 36.0 per cent in Scotland.
  • In 2021, 3.6 million people aged 20 to 34 years were living at home with their parents; this represents 28 per cent of people in this age group, an increase from 24 per cent a decade ago.

For the full data, click here.

Cost of living and renting: warning from Crisis
On 9 March 2022 Crisis warned that “families across England will be forced to go without essentials in order to keep a roof over their heads as financial effects of the cost-of-living crisis, a real terms cut to housing benefit and further UK Government funding cuts to housing support all start to mount”. New analysis by the charity indicates that families relying on housing benefits face, on average, a £372 deficit that they need to make up in other ways. Inflation, it says, will push up yearly food prices by an average of £290 and energy bills are expected to rise by nearly £550, taking the combined increase in living costs for the poorest families to an average of just over £1,200 in a year. For the report, click here.

Cost of living and renting – London
On 9 March 2022 the Mayor of London, Sadiq Khan, called on the Government to give him the powers to freeze private rents in the capital for two years and help to save £3,000 in rent for thousands of Londoners struggling to cope with the rocketing cost of living. New City Hall analysis, based on estate agent Savills’ forecasts, shows that freezing private rents for two years would save Londoners on average a total of £2,988 across both years, with £881 in the first year and £2107.60 in the second year. For the report, click here.

Grenfell Tower Inquiry
On 8 March 2022 the Grenfell Tower Inquiry announced that current Inquiry Secretary Mark Fisher will leave the Inquiry at the point that formal hearings are scheduled to finish. Mr Fisher has been appointed, from July, as the first Chief Executive of the Greater Manchester Health Integrated Care Board, to be responsible for the NHS across Greater Manchester. For the announcement, click here.

Housing Ombudsman publishes annual review of complaints
On 9 March 2022 the Housing Ombudsman published its first annual review of complaints. It found 66 per cent of investigations into complaint handling were upheld. The review says that poor complaint handling can considerably affect the trust residents have in their landlords to put things right, and sets out the challenges for the social housing sector to overcome. The review covers April 2020 to March 2021 and draws insight from:

  • The annual landlord performance reports, published for the second time
  • New annual surveys of the Ombudsman’s 600-member strong Resident Panel and landlords
  • Complaint Handling Failure Orders issued in the final quarter of the year.

For the review, click here.

Council's fine on landlord upheld at two tribunals
On 11 March 2022 Welwyn Hatfield Council reported that a Civil Penalty Notice served by the council on a Hatfield landlord has been upheld following two appeals. The £5,000 fine had been handed to Mr Pinto for not having an HMO (House in Multiple Occupation) licence. He appealed this at a First Tier Tribunal, which agreed with the council's action but reduced the fine to £2,500. The landlord then appealed to the Upper Tribunal (Lands Chamber) on the grounds that the council had served the notice out of time and did not have sufficient evidence. The Upper Tribunal Judge Elizabeth Cooke agreed with the First Tier Tribunal decision and rejected the appeal on both counts. This is the first time that one of the council's cases has been tested at both the First Tier Tribunal and the Upper Tribunal. It also comes after the council's Private Sector Housing team had the fine for another landlord, given for not having a valid Electrical Installation Condition Report (EICR), upheld at appeal. For the report, click here.

NRLA launches new property redress scheme pilot
On 11 March 2022 the National Residential Landlords Association, in association with the Property Redress Scheme (PRS) and The Dispute Service (TDS), launched a pilot redress scheme to help landlords and tenants resolve disputes. The scheme will allow participants to access a service which will try to facilitate a swift and effective early resolution of landlord/tenant disputes. Tenants will be able to raise complaints to the independent redress scheme, whereby a case assessor will work to encourage early resolution of disputes or arrive at decisions to provide fair resolution to a wide range of tenancy issues. For more details, click here.

People from abroad who are eligible for homeless assistance
On 9 March 2022 Shelter updated its advice on people from abroad who are eligible for homeless assistance in the light of the launch of the Ukraine Family Scheme on 4 March 2022. The relevant page now includes information on the scheme and links to relevant government guidance. For the advice, click here.

Regulator of Social Housing: preferred candidate for chair announced
On 14 March 2022 the Secretary of State for Levelling Up, Housing and Communities announced that Bernadette Conroy has been selected as the preferred candidate for the post of Chair of the Regulator of Social Housing. For more details, including a brief resumé of Ms Conroy’s career, click here.

Renting Homes (Safeguarding Property in Abandoned Dwellings) (Wales) Regulations 2022
These regulations, which come into force on the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, make provision about the landlord’s requirement to safeguard property in a dwelling when an occupation contract ends under section 220 (possession of abandoned dwellings) of the 2016 Act. For the regulations, click here. For the 2016 Act, click here. For a summary of responses to the consultation on the proposals for these regulations, click here.

Possession of abandoned dwellings and safeguarding of property: guidance – Wales
On 10 March 2022 the Welsh Government published guidance as to how landlords can get ownership of an abandoned dwelling and what to do with any belongings left behind. For the guidance, go to wales.gov, then to ‘Housing’ and then to ‘Publications’.

Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022
These regulations, which come into force on the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, prescribe information a landlord must give to a contract-holder (or person who has paid a deposit on behalf of the contract-holder) where that landlord receives a deposit  in connection with an occupation contract. For the regulations, click here. For the 2016 Act, click here.

Renting Homes (Review of Decisions) (Wales) Regulations 2022
These regulations, which come into force on the day on which section 239 of the Renting Homes (Wales) Act 2016 (‘the Act’) comes into force, prescribe the procedures to be followed by landlords in connection with a review requested by a contract-holder of a decision to —

(a) terminate an introductory standard contract or a prohibited conduct standard contract, under the Act,

(b) extend an introductory period of an introductory standard contract under paragraph 3 of Schedule 4 to the Act, and

(c) extend a probation period of a prohibited conduct standard contract under paragraph 4 of Schedule 7 to the Act.

For the regulations, click here. For the Act, click here.

Renting Homes (Prescribed Forms) (Wales) Regulations 2022
These regulations, which come into force on the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, prescribe the form of certain notices and other documents required or authorised to be given or made by or because of the 2016 Act. For the regulations, click here. For the 2016 Act, click here.

Housing demolitions: April 2020 to March 2021 – Wales
On 8 March 2022 the Welsh Government published information on the number of dwellings demolished in Wales between April 2020 and March 2021. During 2020-21:

  • 141 dwellings were demolished across Wales, 88 per cent more than 2018-19.
  • In the 18 local authorities where demolitions were carried out, the highest numbers were in Neath Port Talbot (30), Flintshire (21), Gwynedd (14) and Cardiff (13).
  • 25 renewal area demolitions [footnote a] took place in 2020-21, accounting for 18 per cent of all demolitions. With 21 occurring in Flintshire and the other 4 in Torfaen.

For the full statistics, go wales.gov, then to ‘Housing’ and then to ‘Statistics and research’.

HOUSING LAWS IN THE PIPELINE
 

Housing Standards (Refugees and Asylum Seekers) Bill UPDATED
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 6 May 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Evictions (Universal Credit) Bill UPDATED
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 6 May 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Fire Safety Remediation Charges (Recovery and Enforcement) Bill UPDATED
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. The scheduled second reading has been postponed to 6 May 2022. The Bill awaits publication. 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 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.

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 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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NEW HOUSING CASES
 

Croydon London Borough Council v Kalonga [2022] UKSC 7

Background to the appeal

The Appellant local housing authority, Croydon Borough Council ("Croydon"), granted the Respondent, Ms Kalonga, a fixed-term secure tenancy of five years from 25 May 2015 over 61 The Crescent, Croydon, Surrey (the "Property"). On 2 August 2017, Croydon served Ms Kalonga with notice that it intended to seek possession of the Property on the grounds of rent arrears and anti-social behaviour. Each of those acts would have constituted a breach of her tenancy conditions and, subject to the issues in the appeal, a ground for seeking possession under Schedule 2 to the Housing Act 1985 (the "1985 Act"). [10] – [11]

There are two issues in the appeal. The first is whether Croydon was able to determine Ms Kalonga’s tenancy and seek possession in those circumstances or whether it was prevented from doing so in light of the statutory protections for secure tenancies under the 1985 Act as they apply to fixed-term tenancies granted by public sector landlords. That issue turned on the proper construction of the statutory regime governing secure tenancies, now to be found in Part IV (sections 79 and following) of the 1985 Act. The second issue is whether Ms Kalonga’s tenancy agreement contained a forfeiture clause, under which Croydon could terminate Ms Kalonga’s lease because of some fault on her part. [1], [13]

Ms Kalonga succeeded on both preliminary issues at first instance in the High Court and before the Court of Appeal. The Court of Appeal held that the only way to bring a secure fixed–term tenancy to an end under the 1985 Act during the period of the fixed–term was by the exercise of a forfeiture clause to obtain a termination order in lieu of forfeiture pursuant to section 82(3) of the 1985 Act. That required compliance with the provisions under the Law of Property Act 1925 governing forfeiture, including the right for the tenant to seek relief from forfeiture. Croydon had not purported to rely upon forfeiture in seeking to terminate Ms Kalonga’s fixed–term tenancy and the Court of Appeal held that her tenancy agreement did not, in any event, contain a forfeiture clause. As a result, Croydon could not terminate Ms Kalonga’s fixed–term tenancy prior to the end of the five year fixed–term. Croydon appealed to the Supreme Court. Ms Kalonga’s tenancy had expired by effluxion (passage) of time before the High Court gave judgment on 2 June 2020 but the Court of Appeal and Supreme Court elected to hear the case given the importance of the issues involved. [14] – [15]

Judgment

The Supreme Court unanimously allows the appeal in part. Lord Briggs gives the leading judgment with which all other members of the Court agree.

Reasons for the judgment

The construction of the relevant provisions of the 1985 Act advanced by the parties and by the courts below all gave rise to significant difficulties which either did not reflect the language used or gave rise to unpalatable results which did not reflect the purpose of the legislation. The provisions had to be interpreted so as to accommodate sensibly all situations, not just that of Ms Kalonga. On Ms Kalonga's interpretation, a social housing landlord could never terminate a fixed–term secure tenancy early, including for beneficial public purposes such as to permit a redevelopment, even where it has made express contractual provision to do so via a relevant break clause in the tenancy agreement. On Croydon’s case, a model tenant under a fixed–term tenancy containing no break clause would be exposed to the constant risk of eviction on any of the "no–fault" grounds in Schedule 2 to the 1985 Act, for example to enable the landlord to redevelop. Such a tenant’s contractual and proprietary rights under their tenancy agreement would therefore be substantially interfered with. [25] – [37]

A different solution was therefore required. In order to reach this solution, the critical question was whether Parliament intended via the security of tenure provisions of the 1985 Act to grant greater protections to social housing tenants compared with the contractual and proprietary rights under their tenancy agreements or to replace and to some extent reduce or remove them. [7], [38]

A fixed–term tenancy confers substantial security of tenure. Legislation to improve tenants' rights should not be construed lightly as taking that away. The 1985 Act did not demonstrate that Parliament intended the possession regime to apply to all fixed–term secure tenancies. Those without provisions for early termination were immune until the end of the fixed–term. Parliament could not be taken as intending to expose a tenant to a loss of contractual security of tenure earlier than the landlord could have obtained possession under the terms of the tenancy. [38] – [40].

The key to reaching this conclusion was attention to the words of section 82(1) and, in particular, reading "subject to termination by the landlord" with "cannot be brought to an end by the landlord except…" in section 82(1) of the 1985 Act. The latter phrase assumed that a fixed–term tenancy could be brought to an end by the landlord in accordance with the terms of the tenancy agreement. Without a provision for earlier termination however, an unexpired fixed–term created a bar to termination. Even where there was such a provision for earlier termination, until the necessary conditions were met, the tenancy was not "subject to termination by the landlord". The same was true in relation to forfeiture. A fixed-term tenancy without a forfeiture or break clause could not be terminated until the fixed–term expired by effluxion of time. A fixed–term tenancy with a forfeiture clause however could not be terminated otherwise than by termination in lieu of forfeiture under section 82(3) of the 1985 Act. In short, a landlord is able to seek possession against a tenant with a secure fixed–term tenancy where there is a presently exercisable break or forfeiture clause. That approach prevents the tenant being deprived of their contractual and proprietary rights but also means that the landlord may rely upon a contractual right to terminate or forfeit where it has been granted one under the tenancy agreement where such a right has actually became exercisable. [41] – [47]

The Court's conclusion in relation to issue one was fatal to Croydon's case because, regardless of whether Ms Kalonga’s tenancy agreement contained a forfeiture clause, Croydon had not sought to rely upon it. Lord Briggs nevertheless went on to decide the second issue. Whether a particular clause amounted to a forfeiture clause was a matter of substance, not form, and a landlord would not be permitted to dress up a forfeiture clause as something else to avoid relief from forfeiture being available to the tenant. Ms Kalonga's tenancy agreement permitted Croydon to seek an order for possession from the Court "at any time" if the tenant breached the terms of the agreement. That was a forfeiture clause applying the established test derived from Clays Lane Housing Co-operative Ltd v Patrick [1985] 17 HLR 188 and the Courts below had been wrong to conclude otherwise. [48] – [59]

The cumulative result was that Ms Kalonga's tenancy agreement contained numerous provisions granting Croydon the right to bring her secure fixed–term tenancy to an early end. Some of those were forfeiture provisions predicated on some fault on the part of Ms Kalonga and some merely break clauses which required no fault on her part (though none of this latter category was satisfied or relied upon on the facts of the case). The Judge was therefore right to dismiss the claim in circumstances where Croydon had not sought termination in lieu of forfeiture but her declarations were only partially correct because the tenancy agreement did contain a forfeiture clause. That meant that Croydon's appeal succeeded in part. [60] – [64]

References in square brackets are to paragraphs in the judgment.

Supreme Court Press Summary

For the full judgment, 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
 

What does International Women’s Day mean for women’s homelessness? Homeless Link 8 March 2022 – to read the article, click here

Housing is a women’s issue Deborah Garvie Shelter Blog 8 March 2022 – to read the article, click here  

Using the NatCen panel to shine a spotlight on our homes and communities during the pandemic Aideen Young Centre for Ageing Better 9 March 2022 – to read the article, click here

Supreme Court judgment in Croydon LBC v Kalonga to have significant impact on secure tenancies Justin Bates Landmark Chambers 11 March 2022 – to read the article, click here

A ‘triage’ approach to increasing help to those in most urgent need Jemima Stevens Shelter Blog 10 March 2022 – to read the article, click here

Possession appeal sends a warning to landlords Joel Semakula Landmark Chambers 11 March 2022 – to read the article, click here

Scotland and Wales’ private rented sectors are better than ours. Here's why Nikita Quarshie Shelter Blog 11 March 2022 – to read the article, click here

The forthcoming Ukrainian housing scheme J Nearly Legal 13 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
 

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)

22 March 2022                                    
The Housing (Approval of Code of Management Practice) (Student Accommodation) (England) Order 2022 comes into force

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