Lime Legal's
Housing Law Week

General Editor: Jan Luba QC

30th September 2015 Update

POLICY ISSUES IN HOUSING LAW

Private sector tenancies in England (1)

Tomorrow (1 October 2015), the provisions of sections 33-40 of the Deregulation Act 2015 come into force in England. They make significant changes to the law relating to assured shorthold tenancies and are designed to end ‘retaliatory evictions’ For the Act, click here  For the commencement order, click here

 

Private sector tenancies in England (2)

Tomorrow (1 October 2015), the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 come into force. They provide: (A) a new prescribed form for a notice seeking possession under Housing Act 1988 section 21(1) or 21(4); (B) new restrictions on the use of the “no fault” eviction procedure for assured shorthold tenancies where a landlord has not complied with certain obligations; (C) the details of the new obligations that private landlords must comply with; and (D) requirements on landlords to provide tenants with a copy of Government’s booklet “How to rent: the checklist for renting in England”. The regulations only apply to tenancies in England granted on or after 1 October 2015. For the regulations, click here  For the explanatory memorandum, click here  For a commentary on the content, click here

 

Private sector tenancies in England (3)

Tomorrow (1 October 2015), the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 come into force. They require that smoke alarms be installed on every storey of a private rented property and that carbon monoxide detectors be installed in any room containing a solid fuel combustion appliance. For the regulations, click here   For the explanatory memorandum, click here  For the explanatory booklet designed to help landlords and tenants, click here   For the official impact assessment, click here Enforcement is undertaken by local authorities. For a copy of the guidance they have received, click here For the House of Commons Library briefing on the new requirements, click here

  

Private sector tenancies in England (4)

Tomorrow (1 October 2015), the provisions of sections 35 and 36 of the Small Business, Enterprise and Employment Act 2015 come into force. For tenancies entered into after 1 October 2015, the carrying on of a home business will no longer entitle domestic tenants to renew tenancy agreements as business tenancies. For the Act, click here For the commencement order, click here

  

Immigration status and housing (1)

The UK Government has published its Immigration Bill. Clauses 12-15 address residential tenancies.  They would create four new offences to target those rogue landlords and agents who deliberately and repeatedly fail to comply with the right-to-rent scheme or fail to evict individuals who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. For a copy of the Bill, click here  For the Explanatory Notes on Clauses, click here   For the official Impact Assessment, click here For a housing lawyer’s commentary, click here The Commons Second Reading is scheduled for 13 October 2015. For the ILPA Information sheet on the Bill, click here

  

Immigration status and housing (2)

On 21 September 2015, the House of Commons Library published an information note on the current arrangements – Private landlords: duty to carry out immigration checks. For a copy, click here

  

Housing Associations: Right to Buy

In an effort to avoid the statutory imposition of a right to buy at a discount (see discussion of the Housing Bill, below), the National Housing Federation has drawn up an offer to the UK Government of a voluntary scheme: An offer to extend Right to Buy discounts to housing association tenants. For a copy of the document, click here For a commentary on it, click here For media comment on the proposed ‘agreement’, click here

  

Compulsory sales of council houses

Shelter has published information on the likely direct and indirect impacts of the UK Government's proposals (see Housing Bill below) to force councils in England to sell their low rent homes in high value areas. For details of the relevant publications, click here  For media coverage of the Shelter research, click here

  

Council housing company

Barking and Dagenham Council in London has established a wholly owned landlord company – Barking and Dagenham Reside – to provide quality housing to local people. New housing is let at 20 per cent less than the market rate under a five year tenancy to people who are in employment. For more details, click here

  

Letting Agents

The House of Commons Communities and Local Government Select Committee has issued a Second Special Report – Private rented sector: the evidence from banning letting agents' fees in Scotland: Government Response to the Committee's Eighth Report of Session 2014-15.  The Government’s response is that it “has no plans to further regulate the private rented sector by banning letting agent fees in England, as this would only reduce the numbers of properties available to rent which would not help tenants or landlords.” For a copy of the Special Report, click here

  

Homeless migrants

The Strategic Alliance on Migrant Destitution brings together professionals from the homelessness, refugee and migrant sectors to create opportunities to work together more effectively to address migrant destitution. The primary focus of the Strategic Alliance is on organisations that work with non-EU destitute migrants. For more details of the Alliance, click here

  

Private renting in Scotland

The Private Rented Housing Panel (Landlord Applications) (Scotland) Regulations 2015 have been laid in draft and are intended to come into force on 1 December 2015. For a copy of the draft regulations, click here

 

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HOUSING LAWS IN THE PIPELINE  

Welfare Reform and Work Bill

This UK Government Bill was published on 9 July 2015. It makes provision about: (1) the benefit cap; (2) social security and tax credits; (3) loans for mortgage interest; and (4) social housing rents. It had its Second Reading in the House of Commons on 20 July 2015 and is being considered in detail by a public bill committee during September and October. For the Bill, click here For the explanatory notes, click here To follow the progress of the Bill, click here. For the documents relating to the Bill (including several impact assessments), click here The Committee which will review the Bill has issued a call for written evidence. For the details, click here  For the official records of the Committee debates to date, click here For the latest CPAG update on the Bill, click here For the Memorandum to the Joint Committee on Human Rights from the UK Government about the Bill, click here

  

Housing Bill

This UK Government Bill was announced in the Queen’s Speech on 28 May 2015 but has yet to be published. For the official outline of its content, click here The official briefing about the Queen’s Speech contains the details at pages 27-29. For that, click here For a commentary on the likely content of the Bill, click here  On 4 July 2015 the Chancellor and the Prime Minister released a joint statement indicating that their plans, “which will form part of the Housing Bill to be introduced this autumn, include steps to build discounted homes for first time buyers on all reasonable sized developments, unlock public land for hundreds of thousands of new homes and back small builders with planning changes” (emphasis added). For the statement, click here  

Renting Homes (Wales) Bill
This is a Welsh Government Bill introduced in the Welsh Assembly. For a copy of the Bill, click here For the Explanatory Memorandum, click here To monitor the progress of the Bill, click here The Communities, Equality and Local Government Committee has completed its examination of the Bill and has made 37 recommendations. The Bill is expected to resume its Committee Stage in the Assembly (Stage 2) today - 30 September 2015. For the amendments marshalled for discussion, click here and scroll to the foot of the page. 

Housing (Amendment) Bill
This is a Bill introduced in the Assembly on 30 June 2015 by the Northern Ireland Executive. It would make provision for the better sharing of information relating to empty homes or to anti-social behaviour and provide for the registration of certain loans as statutory charges. For a copy of the Bill, click here For the explanatory memorandum (listed under ‘All associated documents and links’), click here  For a commentary on the Bill, click here The Bill has been referred to the Committee for Social Development which has responsibility for the Committee Stage of the Bill. For further details of that stage, click here . To read the evidence submitted to the Committee, click here

  

Houses in Multiple Occupation Bill

This is a Bill introduced in the Assembly on 7 September 2015 by the Northern Ireland Executive.  It would make provision for and in connection with the licensing of houses in multiple occupation In Northern Ireland. For a copy of the Bill, click here For the explanatory memorandum, click here  

  

Homes (Fitness for Human Habitation) Bill

This is a Private Members Bill introduced by Karen Buck MP. It would amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation. It had a First Reading on 24 June 2015 and its Second Reading is scheduled for 16 October 2015. For details on the progress of the Bill, click here For a commentary on its content, click here

 
Local Government Finance (Tenure Information) Bill

This is a Private Members Bill introduced by Dame Angela Watkinson MP. It would amend the Local Government Finance Act 1992 to make provision for collecting information about tenure and the details of private landlords. It had a First Reading on 24 June 2015 and its Second Reading is scheduled for 30 October 2015. For details on the progress of the Bill, click here

  

Crown Tenancies Bill

This is a Private Members Bill introduced by Mark Pawsey MP. It would provide that Crown tenancies (mainly of properties owned by Government Departments) may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions, and would modify the assured tenancies regime in relation to certain Crown tenancies (including by provision of a new ground for possession).  It had a First Reading on 24 June 2015 and its Second Reading had been scheduled for 11 September 2015 but was objected-to and has now been put back to 6 November 2015. For a copy of the Bill, click here For the Explanatory Notes, click here  For details on the progress of the Bill, click here For the House of Commons Library Briefing note that has been prepared for the Second Reading, click here

 

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NEW HOUSING CASES

R (Brooks) v Islington LBC

22 September 2015

The claimant applied as homeless to this inner North London borough council. It opened enquiries into her application and provided her with interim accommodation. All the accommodation supplied was out-of-borough. The last address provided was in Bexley, in outer South East London. The claimant refused the accommodation. The council decided that the offer had been suitable and that its duty to provide interim accommodation had been brought to an end by the refusal. The claimant sought a judicial review, contending that the duty continued until notification of a decision on the homelessness application. The High Court rejected the claim. The judge said “The housing authority will have performed their duty under section 188 of the Act if they have secured an offer of suitable accommodation intended to be available until notification of their decision as to whether a duty is owed, subject to any material change of circumstances which means that the offer is no longer suitable.” For the judgment, click here For a legal commentary on it, click here

  

Health & Safety Executive v Karl Locher

18 September 2015

The defendant was employed to install a new heating system in a domestic property. In the course of the work, he removed the redundant pipework that was lagged with asbestos, using a powered electric saw. He then transported the pipework through the property and deposited it outside on the drive. He did so with no precautions to prevent his own exposure to asbestos fibres and with the potential for other people to be exposed to them. The owners later had to move out of their home pending decontamination of the property. At Trafford Magistrates’ Court, the defendant pleaded guilty to breaching Health and Safety at Work Act 1974 section 3(2) and was fined £5,000 with £3,000 costs. For details of the prosecution, click here

  

Cowling v Worcester Community Housing Ltd

14 September 2015

An assured tenant was liable to pay a service charge for the provision of a TV aerial service. In default of payment, the landlord obtained a county court judgment for the amount from a district judge. An appeal to the circuit judge was dismissed on the basis that the amount due was payable under the tenancy agreement as a fixed service charge. Permission to appeal to the Court of Appeal was refused. The tenant applied to a leasehold valuation tribunal to determine the reasonableness of the charge which, by this stage, the parties were agreed was ‘variable’ not fixed. The Upper Tribunal held that the LVT had no jurisdiction. The issue was concluded by the county court order. For the judgment, click here

  

Health & Safety Executive v Cornwall Housing Ltd and Barry Shipton

11 September 2015

The first defendant (an ALMO established by a local authority) commissioned work to be undertaken at two properties. The second defendant was the building contractor. He capped the chimneys which were used to flue working gas boilers and fires at the properties, meaning the gases had no means to escape and could build up inside. Poisonous and potentially fatal gasses could have been pumped into the loft space of the two properties. After the work was completed, the first defendant’s own gas engineers inspected the properties and classed the situation as ‘immediately dangerous’. At Bodmin Magistrates’ Court, the first defendant pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 and was fined £6,660 with £697 costs. The second defendant pleaded guilty to a breach of the Gas Safety (Installation and Use) Regulations 1998 and was fined a total of £2,664 with £692 costs. For details of the prosecution, click here

  

Hyndburn Borough Council v Brown & Anor

11 September 2015

The council had adopted a scheme for selective licensing of privately rented properties. Conditions 6 and 8 of the licences issued under the scheme required landlords to provide: (a) carbon monoxide alarms and (b) electrical safety certification. A residential property tribunal allowed appeals against those conditions. The council successfully appealed to the Upper Tribunal. It held that both conditions were imposed within the statutory powers available to the council; for the judgment, click here

  

Health & Safety Executive v Graham and Michael Atkinson

11 September 2015

The first defendant was not GasSafe registered. The second defendant was registered, but only in relation to work for his employer. At the direction of the first defendant, the second defendant carried out gas work which was left in such a state as to be dangerous. The first defendant himself undertook dangerous work at two other properties. The first defendant (Graham Atkinson): (1) pleaded not guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974, relating to the fitting of a gas boiler. He was found guilty at trial in June 2015 and sentenced on 11 September 2015 to 26 weeks in prison; (2) pleaded not guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974, relating to issuing a fraudulent gas safety certificate. He was found guilty at trial in June 2015 and sentenced on 11 September 2015 to 16 weeks in prison; (3) pleaded guilty in April 2015 to three counts of breaches of the Gas Safety (Installation & Use) Regulations 1998. For each breach, he was sentenced on 11 September 2015 to 16 weeks in prison.  All prison sentences to run concurrently. He was ordered to pay £3,000 costs and a victim surcharge. The second defendant (Michael Atkinson) pleaded guilty in April 2015 to two counts of breaches of the Gas Safety (Installation & Use) Regulations 1998. He was sentenced in July 2015 – fined £1,000 for one breach and £4,000 for the other breach. He was ordered to pay £1,190 costs and a victim surcharge. For details of the prosecution, click here

  

Health & Safety Executive v Nitin King

8 September 2015

The defendant was a private landlord.  In March 2014, as part of a joint intervention between the HSE and Medway Council housing officers, statements were taken from various of his tenants. Of the seven interviewed, only one had a valid Landlord Gas Safety Record in place. At Medway Magistrates’ Court, the defendant pleaded guilty to four breaches of regulation 36(3) of the Gas Safety Installation and Use Regulations 1998. He was fined a total of £32,000, with £4,560 in costs. For details of the prosecution, click here

  

Westfoot Investments Limited v European Property Holdings Incorporated

31 August 2015

Westfoot was a UK registered lender. EPHL was a Panamanian registered corporation with offices in the USA. The lender granted bridging finance secured on two residential properties in Glasgow.  EPHL defaulted on the loans and the lender sought possession. EPHL then sought to rely on measures to protect mortgage borrowers, in default, from eviction. The court rejected the defence. The statutory provisions were designed for the protection of natural persons, not legal corporations. For the judgment, click here

  

North Lincolnshire Homes Ltd v Bentley

13 August 2015

An assured tenant referred their notice of rent increase to the first tier tribunal. The tribunal identified the market rent but reduced it on account of the disrepair. The tenant acknowledged that access to carry out repairs had been refused. The tribunal held that the landlord had a right of access which it had not enforced and it was accordingly responsible for the state of repair. The Upper Tribunal allowed an appeal. The tenant had been under an obligation to give access. No deduction ought to have been made for disrepair where access had been refused. For the judgment, click here

 

 
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HOUSING LAW CONSULTATIONS    

New measures on Local Courts for Housing Cases

The Ministry of Justice is consulting on the closure of 91 courts and tribunals across England and Wales, and the integration or merger of 31 more. This represents a reduction in capacity by 139 county court rooms (17% of all county court rooms) and 63 tribunal rooms (13% of all tribunal rooms). For the consultation documents, click here The consultation closes on 8 October 2015. The Law Society has produced a series of campaigner packs to help respondents raise the issue with MPs and AMs. For details, click here

Taxation of Private Renting
On 17 July 2015, the UK Government launched a consultation on the reform of the ‘Wear and Tear Allowance’ applicable to property businesses. The reform is designed to improve the consistency and fairness in the taxation of residential property businesses. For the consultation paper, click here Responses are due by 9 October 2015.


NEW HOUSING LAW ARTICLES & PUBLICATIONS

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2015] September issue of Legal Action magazine. Available in print and on-line for Legal Action subscribers. To read the article, click here  

The impact of economic downturns and budget cuts on homelessness claim rates across 323 local authorities in England, 2004–2012 Rachel Loopstra et al [2015] Oxford Journal of Public Health. To read the article, click here  

New government measures on Gypsies and Travellers on a collision course with human rights Chris Johnson and Andrew Ryder [2015] Race & Class Blog 24 September. To read the article, click here  

Disabled people hit by housing crisis are told: 'Your life is too expensive' Dawn Foster [2015] Guardian Housing Network 18 September. To read the article, click here  

Youth homelessness update for September 2015 Paul Anderson [2015] Homeless Link Blog 23 September. To read the article, click here  

A rough guide to John Healey, the new shadow housing minister Dawn Foster [2015] Guardian Housing Network 16 September. To read the article, click here  

How local must local housing be (Nzolameso considered) Nicholas Dobson [2015] 165 New Law Journal No.7668 p13. To read the article, click here (Note: New Law Journal subscription required)

CIEH supports tougher rogue landlord measures
Will Hatchett [2015] EHN Blog, 16 September. To read the article, click here

Charging ahead (service charges) Alexander Bastin [2015] 165 New Law Journal No.7668 p12. To read the article, click here (Note: New Law Journal subscription required)


THE HOUSING LAW DIARY

30 September 2015      
Committee Stage of the Renting Homes (Wales) Bill begins in the Welsh Assembly (see Housing Laws in the pipeline above)

8 October 2015           
Deadline for responses to UK Government consultation on court closures in England & Wales (see Housing Law Consultations, above)

9 October 2015            
Lime Legal’s Social Housing Tenancy Agreements Conference 2015 in London. For details click here

9 October 2015            

Deadline for responses to UK Government’s consultation on the taxation of income from residential property (see Housing Law Consultations, above)

13 October 2015
          
House of Commons Second Reading of the Immigration Bill (see Housing Laws in the pipeline above)

16 October 2015         

Lime Legal’s Allocations Conference 2015 in London. For details click here

16 October 2015          

House of Commons Second Reading of the Homes (Fitness for Human Habitation) Bill (see Housing Laws in the pipeline above)

30 October 2015          
House of Commons Second Reading of the Local Government Finance (Tenure Information) Bill (see Housing Laws in the pipeline above)

6 November 2015          
House of Commons Second Reading of the Crown Tenancies Bill (see Housing Laws in the pipeline above)

 

RECRUITMENT

Tenancy Sustainment Officer

 

Full time, permanent

 

Salary: £29,727 - £31,986

 

Are you passionate about helping people facing homelessness?

Can you work in a fast-paced environment?

The Housing Options Service at Barnet Homes is at the frontline of homelessness in Barnet, providing housing and homelessness advice in one of the most popular places to live in London.

We have restructured to meet the challenges of increasing housing demand and reduced supply and are now looking for highly motivated and enthusiastic people to join our Homeless Prevention team.

The Tenancy Sustainment Officer will have a proven track record of preventing homeless by working with landlords to keep tenants in their homes. They will provide specialised casework and will need a strong working knowledge of Landlord and Tenant Law, court procedures, welfare benefits and the Protection from Eviction Act 1977 in order to be successful in the role.

Closing date: 11 October 2015

For more information please click here

 


Westminster CAS Manager

13 Month Fixed Term Contract

The Connection at St Martin-in-the-Fields (CSTM) aims to provide advice and services which help homeless people in London avoid, move away from and stay off the streets.

The Manager will supervise a team who operate across the City of Westminster ensuring that the CAS meets the requirements of the contract awarded to us by Westminster City Council whilst supporting the mission and values CSTM.

The hours of work will be 35 a week. Although primarily a daytime role, the post holder will occasionally need to work unsocial hours [with shifts between 6am and 3am Monday to Sunday]

To be successful you must demonstrate an extensive understanding of the issues relating to street homelessness, these include relevant legislation, policy, practice and welfare benefits.  You must have the ability to manage staff. You must also have experience of developing services and working within a multi-agency setting.

The post is graded at JNC Scale PO6/7, scale points 46 to 54 currently £43,623 - £51,042.  Post holders are normally appointed at the bottom of the scale, a higher starting salary may be available for an exceptional candidate.

For full details and an application form click here

C.Vs will not be accepted.

Closing date: Monday  5 October 2015 10.00am – Late applications will not be considered

Interview Date – Thursday 15 October 2015

 

GT Stewart Solicitors & Advocates



Three Housing Solicitor vacancies

We are a leading Legal Aid firm with vacancies in London and Kent for Housing solicitors to work within the Housing Team Department.

We are seeking the following:-

  1. A Housing solicitor who is very experienced in housing law or can attain Legal Aid Agency Housing Category Supervisor Status for our Dartford Office. 
  2. Two Housing solicitors for our Camberwell office. 

Interested candidates should email their CV and covering letter to recruitment@gtstewart.co.uk

Closing date for applications: 7 October 2015

Take advantage of the opportunity to advertise your job vacancies here FREE
Call us on 01249 701555 or email details of the vacancy to info@limelegal.co.uk

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