HOUSING LAW NEWS & POLICY ISSUES

Building safety and remediation: Commons LUHC Committee questions Michael Gove
On 21 February 2022 the Commons Levelling Up, Housing and Communities Committee questioned Michael Gove, Secretary of State of Levelling Up, Housing and Communities, on his plans to solve the building safety crisis. The Committee’s inquiry on Building Safety: Remediation and Funding is principally examining the announcements Mr Gove made in the House of Commons on 10 January 2022. It will also consider the announcement from the Department on 14 February on proposals to force industry to pay to remove cladding and to protect leaseholders from exorbitant costs. To watch the session, click here. For the Secretary of State’s announcement on 10 January, click here. For the Department’s announcement on 14 February, click here. For more details of the Committee’s inquiry, click here.

Right to rent checks: information for landlords   
On 17 February 2022 the Home Office published an updated A4 factsheet giving information for landlords on right to rent checks of EU, EEA and Swiss citizens who are  tenants or prospective tenants now the EU Settlement Scheme deadline has passed. For the factsheet, click here.

Levelling up: What are the Government’s proposals?
On 18 February 2022 the House of Commons Library published a briefing examining the Government’s “levelling up” agenda, including a summary of its February 2022 levelling up white paper, which includes an aim to increase home ownership and improve housing quality. Policies include reforms of the planning system, the target of building 300,000 new homes per year in England, a new Levelling Up Home Building Fund and a new white paper on the private rented sector. For the briefing, click here.

Allocating social housing – England: Commons Library briefing
On 17 February 2022 the House of Commons Library published a paper explaining the framework within which local authorities allocate their housing stock. For the briefing paper, click here.

Social housing reform in England: What next?
On 16 February 2022 the House of Commons Library published a briefing paper outlining the measures set out in the Government's social housing white paper which is intended to deliver transformational change for social housing residents in England, as well as stakeholder reaction to it and the next steps. For the briefing paper, click here.

Help to Buy (equity loan scheme): data to 30 September 2021
On 17 February 2022 the DLUHC published statistics showing cumulative sales since the launch of the Help to Buy (equity loan) scheme on 1 April 2013. The key figures are:

• Between 1 July and 30 September 2021, 7,270 properties were bought with an equity loan, a decrease of 39 per cent from the same period in 2019.
• From 1 April 2013 to 30 September 2021, 346,656 properties were bought with an equity loan.
• The total value of these equity loans so far totals £21.4 billion.
• The value of the properties sold under the scheme totals £96.4 billion.

For the full statistics, click here.

Help to Buy: ISA Scheme Quarterly Statistics: December 2015 to 30 September 2021
On 17 February 2022 HM Treasury published statistics on the government’s Help to Buy: ISA scheme. The key points are:

• Since the launch of the Help to Buy: ISA, 460,567 property completions have been supported by the scheme.
• 604,720 bonuses have been paid through the scheme (totalling £674 million) with an average bonus value of £1,115.
• The highest number of property completions with the support of the scheme is in the North West, with the lowest numbers in the North East and Northern Ireland.
• The mean value of a property purchased through the scheme is £175,680 compared to an average first-time buyer house price of £225,607 and a national average house price of £269,945.
• The median age of a first-time buyer in the scheme is 28 compared to a national first-time buyer median age of 30.

For the full statistics, click here.

Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022
These Regulations, which come into force on the day on which section 239 of the Renting Homes (Wales) Act 2016 (the 2016 Act) comes into force, amend Schedule 9A (standard contracts: restrictions on giving notice under section 173, under section 186, and under a landlord’s break clause) to the 2016 Act. Schedule 9A to the Act contains certain restrictions on giving notice under section 173 (landlord’s notice under a periodic standard contract), under section 186 (landlord’s notice in connection with end of fixed term contract within Schedule 9B) and under a landlord’s break clause in a fixed term standard contract. These restrictions relate to breaches of certain statutory obligations. For the 2022 Regulations, click here. For the 2016 Act, click here.

Removing a registered social landlord from the register: guidance – Wales
On 18 February 2022 the Welsh Government published guidance as to what registered social landlords must do if they choose to be removed from the register. For the document, go to wales.gov, then to ‘Housing’, and then to ‘Publications’.

Model written statement for fixed term standard contracts – Wales
On 17 February 2022 the Welsh Government published an updated version of a document landlords can use as the basis for creating a new fixed term standard contract for a term of less than 7 years. For the document, go to wales.gov, then to ‘Housing’, and then to ‘Publications’.

Model written statement for periodic standard contracts – Wales
On 17 February 2022 the Welsh Government published an updated version of a document landlords can use as the basis for creating a new periodic standard contract. For the document, go to wales.gov, then to ‘Housing’, and then to ‘Publications’.

Model written statement for secure contracts – Wales
On 17 February 2022 the Welsh Government published an updated version of a document landlords can use as the basis for creating a new secure contract. For the document, go to wales.gov, then to ‘Housing’, and then to ‘Publications’.

Housing Ombudsman creates web page for regional landlord forums
On 15 February 2022 the Housing Ombudsman announced that a new page for landlord regional forums had been created on the HO website. It has been set up for landlords with a focus on discussions about learning from complaints. The events are informal and aim to provide an opportunity for landlords to share information and ideas about systems and processes for capturing intelligence from complaints. The forums also aim to encourage landlords to be pro-active in ensuring lessons learnt are used positively to improve complaint handling practices and the provision of housing services. They all take place virtually from 10am to 12.30pm. To access the forums, click here.

115,000 of London’s social homes fail to meet decent standards
On 17 February 2022 the Mayor of London, Sadiq Khan, pledged to work with social housing providers to improve standards for tenants after new City Hall analysis revealed that one in seven (15 per cent) of London’s social properties fail to meet the Government’s Decent Homes Standard. Three in 10 social tenants said they have considered making a complaint in the last year and, of those who complained, 59 per cent were unhappy with the response from their landlord or management organisation. In response to the issue, the Deputy Mayor for Housing, Tom Copley, brought together social housing providers from across London, including some of London’s largest housing associations, to share best practice and discuss how they can improve conditions for social tenants. For more details, click here.

Removal of dangerous cladding
On 15 February 2022 the DLUHC said that it proposed to make amendments to the Building Safety Bill which would have the effect of blocking developers and manufacturers from the housing market if they did not help fix cladding safety issues. It said the changes would put into law a commitment to protect leaseholders living in medium- or high-rise buildings from having to pay anything for the removal of unsafe cladding. For a report in the Guardian, 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 began 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, produced on 18 February 2022 and setting out four ‘core asks’, 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.

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.

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.

Amendments to the Home Office code of practice for landlords
This consultation seeks views on proposed amendments to the Home Office code of practice for landlords on avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector. The consultation is aimed at landlords and those who undertake ‘right to rent’ checks on a landlord’s behalf, such as letting agencies. This consultation closes on 25 February 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’s the problem with First Homes? Hannah Keilloh CIH Blog 15 February 2022 – to read the article, click here

Making progress in the fight for fair renting Shelter Blog 17 February 2022 – to read the article, click here

The importance of professional standards in social housing Michael Cameron CIH Blog 17 February 2022 – to read the article, click here

Soaring rents and frozen housing benefit leaves renters facing housing cost crisis Charlie Berry Shelter Blog 17 February 2022 – to read the article, click here

Heat Network regulation on the horizon Hannah Giebus Local Government Lawyer 18 February 2022 – to read the article, click here

Hoarding: when clutter becomes anti-social David Low and Lewis Brown Local Government Lawyer 18 February 2022 – to read the article, click here

Homelessness – second applications and new facts threshold Giles Peaker Nearly Legal 19 February 2022 – to read the article, click here

The death knell for local connection referrals? Elizabeth England Local Government Lawyer 21 February 2022 – to read the article, click here

This is how the government can fix renting Ruth Ehrlich Shelter Blog 21 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

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)

25 February 2022                                
Closing date for submissions to the consultation on amendments to the Home Office code of practice for landlords (see Housing Law Consultations)

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)

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk

Featured Job of the Week


Citizens Advice Bradford and Airedale and Bradford Law Centre
Housing Litigation Solicitor / Chartered Legal Executive

The Post-holder will offer housing law (residential landlord and tenant) advice and representation to clients under a Legal Aid Agency contract. The post-holder may also be required to provide support in relation to housing law on other contracts.

Salary: £28,672 (Plus 5% contribution to pension scheme)

Hours: 37 per week

Holidays: 25 days plus 8 bank holidays plus 3 additional days

Location: Main base Bradford Manor Row Office

Closing date: 9am Monday 7 March 2022

Interview date: Tuesday 22nd  March 2022

For an Application pack please contact Naj Ilyas, by email: admin@bradfordcab.com or by telephone; 01274-758030 between 9am-4pm.

We are committed to working towards equal opportunities for all groups subject to discrimination.