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Legal's General Editor: Jan Luba QC |
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30th September 2015 Update |
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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
Housing (Amendment) Bill
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
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
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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
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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)
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)
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THE HOUSING LAW DIARY
30 September 2015 30 October 2015 6 November 2015 |
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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 Westminster CAS Manager 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 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:-
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. |
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