Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
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29
October 2014 Update
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HOUSING LAW NEWS
Policy
Issues in Housing Law
Social housing fraud
On 23 October 2014 the Audit Commission has published its latest (and
last) annual report on action against fraud in local government. It
reveals a 15% increase, since last year, in the number of social housing
properties recovered from fraudsters. The total number of detected cases
of housing tenancy fraud has increased by 92% since 2009/10. For a copy of
the report, click
here.
Housing & anti-social behaviour (1)
On
20 October 2014 most of the new tools and powers introduced by the
Anti-social Behaviour etc Act 2014 came into force (but not the new
provisions relating to injunctions). For a copy of the official Home
Office guidance on the Act, issued to frontline ASB practitioners, click
here.
For the new material relating to dangerous dogs, click
here. For an introduction to the new provisions, written by the
CIH’s ASB consultant, click
here. For a summary of the new legal tools, click
here.
Housing
& anti-social behaviour (2)
On
24 October 2014 the Scottish Government published the responses received
to its consultation on technical changes to help ASB practitioners use
existing anti-social behaviour legislation and systems more effectively.
For access to those responses, click
here.
Homelessness
On
22 October 2014 the House of Commons Library published the latest updates
to its two key briefing notes on homelessness. For a copy of Homelessness
in England, click
here. For a copy of Homeless
households in temporary accommodation (England), click
here.
Private Renting (1)
On 22 October 2014 Salford Council called for improved sentencing guidance
for Magistrates Courts when dealing with prosecutions of rogue private
sector landlords. The call followed the imposition of a fine of only £150
on a landlord guilty of serious failures to maintain one of his
properties. For more details, click
here.
Private Renting (2)
On 24 October 2014 the UK Government published the latest official annual
statistics on private sector rents. They show that in Great Britain such
rents rose by 1% in the 12 months to September2014. For the full
statistical report, click
here
Private Renting (3)
On 21 October 2014 the Welsh Government published the latest official
annual statistic on private sector rents in Wales. For that report, click
here
Possession
Claims
The
Supreme Court has been asked to grant permission to appeal from a Court of
Appeal judgment which decided that the ‘right to respect for a home’
in Article 8 could not be used to argue that an eviction sought by a
private landlord or landowner would be disproportionate. For that
judgment, click
here. On 16 October 2014, Lord Justice Christopher Clarke,
the supervising Lord Justice dealing with appeals to the Court of Appeal
from the county court, directed that three similar appeals to the Court of
Appeal be stood out of the list pending the decision of the Supreme Court.
There are likely to be many other cases similarly stayed in the High court
and county courts.
Legal aid for housing cases
On
21 October 2014 a team of housing lawyers, including Connor Johnson
(Garden Court Chambers Housing Team), Sara Stephens (Housing Law
Practitioners Association) and John Gallagher (Solicitor, Shelter) gave
evidence to the Justice Select Committee of the House of Commons about the
impact of legal aid cuts on access to justice in Housing cases. To watch
the evidence session, click
here. For further details of the Committee’s inquiry into the
legal aid cuts, click
here.
Social housing tenants
On
20 October 2014 new research was published indicating that, contrary to
widespread public perceptions, 74% of social housing tenants who are able
to work are in employment. For further details, click
here.
Housing Benefit (1)
On
17 October 2014 the DWP published its latest General Information Bulletin
(HB G10/2014) covering issues and developments relating to Housing
Benefit. For a copy, click
here.
Housing Benefit (2)
On
22 October 2014 the organisation Rightsnet added digests of five
recent ‘bedroom tax’ appeals to the Upper Tribunal to its
‘briefcase’ information service, with links to the judgments. For more
details, click here.
Discretionary housing payments
The
charity Zacchaeus 2000 Trust (Z2K) has been granted permission by the High
Court to seek a judicial review of the practice of Westminster City
Council in making awards of discretionary housing payments subject to
conditions relating to work-seeking and finding alternative housing. For
more details, click
here.
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Housing
Laws in the Pipeline
Affordable
Homes Bill
This Private
Members Bill would (1) introduce three new exemptions to the application
of the under-occupation deduction from Housing Benefit (or the housing
element of Universal Credit) for claimants who are deemed to be
under-occupying their social rented homes and (2) secure a review of the
availability of affordable and intermediate housing by the Secretary of
State. The
bill is currently in its House of Lords Committee Stage which resumed on
29 October 2014. For more details about the bill and its progress, click
here
Consumer Rights Bill
This is a government bill that relates to housing by: (1) repealing and
replacing laws dealing with unfair terms in tenancy agreements and other
contracts; and (2) requiring letting agents to publish their fees. The
bill is currently in its House of Lords Committee Stage which resumed on
27 October 2014. For more details about the bill and its progress, click
here
Deregulation Bill
This is a government bill that relates to housing by: (1) reducing the
qualifying period for right to buy; (2) removing the power to require
preparation of housing strategies; and (3) amending the law on tenancy
deposits. The bill is currently in its House of Lords Committee Stage
which resumed on 28 October 2014. For more details about the bill and its
progress, click
here
Tenancies (Reform) Bill 2014-15
This is a Private Members Bill introduced by Sarah Teather MP. Its purpose
is to protect tenants against retaliatory eviction and to amend the law on
notices requiring possession relating to assured shorthold tenancies. The
government has stated that it supports the principles of the Bill which
will have its second reading on 28 November 2014. For more details about
the bill and its progress, click
here. The All Party Parliamentary Group for the Private
Rented Sector has launched a consideration of the Bill’s proposals and
issued a call for the submission of evidence. For more details, click
here.
Carers Bedroom Entitlement (Social Housing Sector) Bill
This is a Private Members Bill introduced by Barbara Keeley MP. Its
purpose is to provide that people living in the social housing sector, who
are in receipt of Universal Credit or Housing Benefit, be entitled to that
benefit based on needing an additional bedroom related to caring
responsibilities or overnight care. For a copy of the Bill, click
here. The
Bill’s Commons Second Reading is scheduled for 21 November 2014. For
further details, click
here.
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NEW
HOUSING LAW CASES
Morris
v Blackpool Borough Council
24 October 2014
This was an appeal brought by one of over 400 homeowners holding
right-to-buy leases granted by the council. The issue was whether the
council was entitled to charge certain management and administration
charges as part of the service charge recoverable under those leases. The
charges related to the services provided by an ALMO. The homeowners had
won at the Leasehold Valuation Tribunal and lost at the Upper Tribunal.
The Court of Appeal rejected a further appeal and upheld the
interpretation of the leases advanced by the council. For the judgment, click
here
Nzolameso v City of Westminster
22 October 2014
The appellant applied to the council when she became homeless from her
private rented home in Westminster. Her five children attended schools and
colleges in Westminster and she had a local support group of friends in
the council’s area able to assist her when her disabilities prevented
her caring for the youngest children. The council accepted the main
housing duty and offered her accommodation near Milton Keynes. When it was
refused, the council ended its duty. A review and a county court appeal
failed. The Court of Appeal dismissed a further appeal. Notwithstanding
the Code of Guidance and Housing Act 1996 section 208(1), the council’s
decision had not been unlawful. For the judgment, click
here
For
a commentary on the judgment, click
here.
Scott v Southern Pacific Mortgages
22
October 2014
Homeowners each agreed to sell their homes for less than the market price,
on terms that they would be granted long term tenancies by the purchasers.
The purchases were funded with buy-to-let mortgages. The new owners
granted the promised tenancies but some then defaulted on their mortgage
repayments. The lenders sought possession. The Supreme Court held that the
mortgages took priority over the tenancies. The tenancies had only been
granted after the loans and purchases had taken place. For the judgments, click
here
R(Cotton) v Secretary of State for Work & Pensions
22
October 2014
The claimants received housing benefit. Each had shared care of a child
who stayed with them for about half the time (and the other half of the
time with the other parent). They retained a bedroom for the child’s
use. Each was then affected by the ‘bedroom tax’ rules on benefits for
spare bedrooms. They sought a judicial review, contending that the benefit
rules breached Articles 8 and 14 of the Human Rights Act 1998 Schedule 1
and/or were irrational. The High court dismissed the claim. For the
judgment, click
here
. For a commentary on the judgment, click
here
JL v United Kingdom
30
September 2014
The applicant faced eviction from her home.
She had no security of tenure and her right to occupy had ended.
Her Article 8 right to respect for that home was not considered at the
trial and possession was ordered. She
sought judicial review of the decision to seek to enforce the possession
order. The High Court held that she could, exceptionally, raise her
Article 8 rights at the enforcement stage but it found that her claim
failed on the facts. The Court of Appeal dismissed an appeal.
The European Court of Human Rights ruled that her application to it
was inadmissible. The lack of a proportionality assessment at the
possession order stage had been made good at the later stage. For the
judgment, click
here
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HOUSING
LAW CONSULTATIONS
Local
welfare provision in 2015 to 2016
Parts of the discretionary Social Fund were abolished by the Welfare
Reform Act 2012 and the new local welfare schemes adopted by local
authorities replaced Community Care Grants and Crisis Loans. On 10 October
2014 DCLG and the DWP opened a consultation seeking views on how local
welfare provision should be funded in 2015 to 2016. Closing date: 21
November 2014. For a copy of the consultation paper, click
here
Travellers
The DCLG is consulting on new planning restrictions which will affect
gypsies and travellers without authorised sites. In addition to the formal
consultation paper, there is an easy read version and an equality
assessment. Closing date: 23 November 2014. For a copy of the
consultation paper, click
here
Consultation on a New Tenancy for the Private Sector
The Scottish Government is consulting on new arrangements for security of
tenure and/or rent control in the private rented sector. Closing date: 28
December 2014. For a copy of the consultation paper, click
here
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NEW
HOUSING LAW
ARTICLES & PUBLICATIONS
Watchdog
fines council £1000 for pregnant woman ‘gatekeeping’
by Heather Spurr Inside Housing 21 October 2014. To read the
article, click
here
The private rented sector divide by Pete Apps Inside
Housing 23 October 2014. To read the article, click
here
Lower benefit cap would ‘push affordable rents out of reach’ by
Pete Apps Inside Housing 23 October 2014. To read the
article, click
here
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THE
OCTOBER HOUSING LAW DIARY
29
October 2014
The Supreme Court
will hand down its judgment in R(Moseley) v Haringey LBC
concerning consultation requirements for local authorities (about the
adoption of a council tax reduction scheme). For more details, click
here.
31 October 2014
The Allocation of Housing and Homelessness
(Eligibility) (Wales) Regulations 2014 come into force in Wales. For a
copy of the regulations, click
here.
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