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HOUSING
LAW NEWS & POLICY ISSUES
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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’.
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HOUSING
LAWS IN THE PIPELINE
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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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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.
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HOUSING
LAW CONSULTATIONS
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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.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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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
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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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Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
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