|
Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
|
|
4
March 2015 Update
|
|
HOUSING LAW NEWS
Policy
Issues in Housing Law
Housing
Ombudsman
The UK Government has appointed Denise Fowler to be the Housing Ombudsman
for England following the retirement of Dr Mike Biles. Ms Fowler was most
recently employed in the Government Legal Service having previously
practised as a legal aid housing lawyer. For the announcement, click
here For her CV, click
here
Homelessness
in England
The
DCLG has published the latest statistics on rough sleeping by the
homeless. These official figures reveal a 37% increase in rough sleeping
in London. For the full report, click
here
The key social indicators on homelessness are captured in a new House of
Commons Library dataset. For a copy, click
here
Private
Renting
The
Property Ombudsman has reported that two thirds of complaints made to him
(by landlords and tenants) against letting agents are being upheld. For
the detailed breakdown, see the Ombudsman’s press release for 23
February 2015, available
here
The Association of Residential Letting Agents has produced a new free
guide for students thinking about renting in the private sector. For a
copy, click
here
Right
to Buy
The
latest official statistics show that sales of social housing under the
right to buy were running at over 1,000 per month in England from October
to December 2014. That is 15% up on the same period in 2013. For the full
statistics, click
here For a commentary on the figures, click
here
Housing in England
The
Office for National Statistics and DCLG have published the headline
results of the English Housing Survey for 2013/14. The data deal with
tenure, rents and housing conditions across the housing stock in England.
For the headline report, click
here
Housing Fraud
A London borough is introducing Identity Scanners in its Housing Service
offices to deter and detect fraudulent housing applications and address
unlawful subletting of social housing. The ID scanners will be used to
read the machine readable zones found on passports, European Identity
Cards and driving licences. The scanners will capture visible, infra-red
and ultra violet images which will help validate identification. For more
details, click
here
Housing & Anti-social behaviour
The
House of Commons Library has produced a new briefing on the latest tools
and powers to control anti-social behaviour which confirms that the
injunction provisions will come into force on 23 March 2015. For a copy of
the updated briefing, click
here For its companion
briefing note relating to anti-social behaviour in privately owned and
privately rented housing, click
here
A parliamentary committee has reviewed draft regulations under
which councils will be able to authorise housing associations to issue
community protection and fixed penalty notices. For the text of the
committee’s debate, click
here
Rent
arrears and welfare reform
The
shortfall between social housing rent and reduced housing benefit
(resulting from the ‘bedroom tax’) can be made good by a successful
claim for a discretionary housing payment. The Scottish Government has
published a new statistical report indicating that it has released funds
in 2014/15 to enable all councils to award sufficient DHPs to make good
all shortfalls. 100,000 DHP awards worth £46m have already been made this
year to reduce impact on tenants. For the details, click
here
Housing in Northern Ireland
The latest Northern Ireland Housing Bulletin
(covering July – Sept 2014) was published on 25 February 2015. It
reports that the number of homeless households accepted by the Northern
Ireland Housing Executive as owed the main housing duty was 2,912 for the
quarter, an increase of 31% compared to the previous quarter. For a copy
of the Bulletin, click
here
|
|
Housing
Laws in the Pipeline
Household Safety (Carbon
Monoxide Detectors) Bill
This private members Bill
would introduce a requirement that a functioning carbon monoxide detector
be installed in all newly built and all rented residential properties. A
second reading is scheduled for Friday 6 March 2015. For a copy of
the Bill, click
here.
Private Rented Sector
(Decent Homes Standard) Bill
This private members Bill
would require private landlords to ensure that any property they let meets
the requirements of the Decent Homes Standard. It is moved by Conservative
MP Laura Sandys. For her description of the Bill’s proposals, click
here For the debate on
its introduction, click
here For more details
of the Bill itself, click
here The Second Reading is scheduled for Friday 6 March 2015.
Carers Bedroom Entitlement
(Social Housing Sector) Bill
This private members Bill
is also expected to have its second reading debate on Friday 6 March
2015. It would provide that people in receipt of Universal Credit and
Housing Benefit and accommodated in the social housing sector should be
entitled to an additional bedroom related to caring responsibilities or
overnight care. For a copy of the Bill, 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. For
more details about the bill and its progress, click
here
The bill has completed its House of Lords stages and the
consideration of Lords Amendments by the House of Commons took place on 12
January 2015. The Commons disagreed with Lords Amendment 12
and have returned the Bill to the House of Lords. The Bill now travels
back and forth between the two Houses, until both agree on the text of the
Bill. A motion to extend the carry-over period of the bill by 67 days
until 30 March 2015 was agreed on 12 January 2015 following the
consideration of Lords amendments. The Bill is
scheduled to receive further Parliamentary consideration in the House
of Commons on 9 March 2015. If passed, the Act is then expected to
come into force in October 2015. The UK Government is consulting on the
draft guidance it proposes to issue on the new unfair terms provisions.
For the consultation papers, 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 has completed its House of Lords Committee Stage and
Report Stage and is scheduled to have its Third Reading on 4 March 2015.
For more details about the bill and its progress, click
here For the
Government amendments passed on 11 February 2015 designed to insert
provisions relating to retaliatory eviction into the Bill (and to achieve
the other changes described above), click
here For the Bill as it appears with the amendments included, click
here
Renting (Homes) 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 . There is a consultation
exercise associated with the content of the Bill, see below.
|
|
NEW
HOUSING LAW CASES
R
v Rosemary Hill
27
February 2015
The defendant was a private landlady. She let a property to tenants but
later subjected them to harassment after they asked for defects to be
repaired. She was convicted after a jury trial. At Norwich Crown Court,
she was fined £2,000 with £2,500 costs and made subject to a 10 year
restraining order which prohibits her from engaging in further harassment.
For details of the sentencing hearing, click
here
Dudley Council v Latif Rehman
27
February 2015
In February 2014 the defendant landlord had pleaded guilty to 14 offences
of failing to comply with the Housing Act 2004. The offences included
failing to ensure fire escapes were not obstructed and failing to ensure
fixtures, fittings and electrical appliances were safely maintained. He
was fined £6,000 for not being licensed to let his property and £400
each for the remaining 13 offences with £725 in costs and a £120 victim
surcharge, making a total of £12,045. The
council then applied for a rent repayment order. A Birmingham First Tier
Tribunal (Property Chamber) took into account the court fines but ordered
further payment of £3,483 – equivalent to a third of the total housing
benefit received during the 12 month period prior to the prosecution. For
further details, click
here
X
& Y v Leeds City Council
26
February 2015
The council used its powers under Local Government Act 1972 section 122 to
obtain an injunction against “persons unknown” preventing anyone from
“sitting or loitering on a thoroughfare or Leeds City Station with any
article to be used for begging, such as caps, hats, boxes or similar
receptacles.” Mr X and Mr Y were both served with the injunction and
applications were later made to commit them to prison for breaching it. In
the High Court, the council conceded that the injunction should be
discharged against Mr X and Mr Y and that the committal applications
should be dismissed with costs but asked for the remainder of the
injunction to remain in place. The judge decided to discharge the
injunction entirely. For the details, click
here
Health & Safety Executive v Topflite (North West) Ltd
26
February 2015
The defendant company undertook loft conversion building works on a house.
The house shared a common flue with an adjoining property. A steel beam
installed in the new loft had broken through the flue and caused it to
become blocked. The neighbours later suffered the effects of carbon
monoxide poisoning. At Liverpool Magistrates’ Court, on pleading guilty
to a breach of the Health and Safety at Work etc Act 1974, the firm was
fined £4,000 and ordered to pay £1,276 costs. For details of the
prosecution, click
here.
Southend
on Sea BC v Armour
25
February 2015
Mr Armour was an introductory tenant. During his ‘trial period’, the
council served notice and sought possession. The court decided that
although the notice and review process had been correctly conducted, an
eviction would infringe the right to respect for a home (Article 8) and
dismissed the possession claim. The council’s appeal to the High Court
was dismissed. The council’s appeal to the Court of Appeal was
dismissed. The Supreme Court has now refused the council’s application
to bring a further appeal. For the Court of Appeal’s decision, click
here For a commentary, click
here
Morgan v Warwick District Council
25
February 2015
Mrs Morgan owed council tax for periods before 1 April 2013, when the
modern schemes for council tax support and discretionary relief were
introduced. She applied to the council to grant her discretionary help to
reduce her bills to nil. The council said that the power could not or
would not be exercised in relation to periods before April 2013. Mrs
Morgan appealed but the council contended that the Valuation Tribunal had
no jurisdiction. After a hearing on 11 February 2015, the Tribunal (the
President presiding) held that it did have jurisdiction and gave
directions for a hearing of the appeal on its merits. For information
relating to the appeal, click
here
Home Group Ltd v Matrejek
23
February 2015
A social landlord began a possession claim against a tenant based on
anti-social behaviour. The claim was struck-out when the landlord failed
to attend a directions hearing. It applied for relief from that sanction
and a judge re-instated the claim. The tenant appealed. The High Court
rejected the appeal. The judge had not wrongly exercised his powers in
re-instating the claim. For the judgment, click
here
Medway Council v Gareth Davies
20
February 2015
Following complaints of noise nuisance, resulting from the repeated
playing of loud music, the council served an abatement notice. The
nuisance continued and the council returned to seize £3,000 worth of
equipment from the defendant’s home. At Dartford Magistrates’ Court,
the defendant was found guilty of seven breaches of the noise abatement
notice. The court ordered the equipment be forfeited and imposed a fine of
£50 on each of the charges with £500 costs. For details of the
prosecution, click
here
Oldham Council v Mohammed Aslam
20
February 2015
The defendant was the owner of a former pub. He had poorly partitioned-off
the ground floor to make bedrooms. There was no heating. The only washing
facilities were the original pub toilets and there were no bathing
facilities. There were no fire precautions. The fire exits and the means
of escape were blocked. The defendant was using the premises as living
accommodation for his migrant labour workforce. Council officers found
several men living in the property and served a prohibition notice. The
defendant failed to comply. He later pleaded guilty to 11 offences under
the Housing Act 2004 and the Management of Houses in Multiple Occupation
(England) Regulations 2006. He was fined £2,200 with £2,600 costs. For
details of the prosecution, click
here
Salford Council v Tapiwa Madovi
18
February 2015
The defendant was a private landlord of a property in an area of selective
licensing. He failed to get a licence despite being sent application packs
and numerous warning letters. At Manchester City Magistrates' Court, he
admitted failing to have a licence as required under the Housing Act 2004.
He was fined £1,200 with costs of £963 and a victim surcharge of £120.
For details of the prosecution, click
here
Samuels
v Birmingham City Council
27
January 2015
Ms Samuels had a shortfall of over £150 a month
between her rent and housing benefit. When she lost that accommodation,
and applied as homeless, the council decided that she had become homeless
intentionally. An appeal to the county court was dismissed. The Court of
Appeal has granted permission for a further appeal on three grounds: (1)
the council erred in its approach to ‘affordability’; (2) the judge
had wrongly relied on an e-mail from the reviewing officer produced at the
hearing which for the first time set out the number of children that he
had included in her family; and (3) inadequate reasons were given as to
how the accommodation was ‘affordable’ and what expenditure had been
excessive when Ms Samuels was entirely reliant on state benefits. The
appeal will be heard on 6 or 7 October 2015. For more details, click
here
|
|
Sign up here to
ensure you receive your own copy of this invaluable free weekly update
|
|
HOUSING
LAW CONSULTATIONS
The Welsh Government has initiated a consultation on the future
of the Right to Buy in Wales. The consultation runs until 16 April 2015.
For the consultation arrangements, click
here
For the consultation paper itself, click
here
The Competition and Markets Authority is seeking views on draft
guidance relating to the new unfair terms provisions of the Consumer
Rights Bill (see above) currently being debated in Parliament. For the
consultation documents, click
here
Responses should be made by 5pm on 30 March 2015.
The Communities, Equality and Local Government Committee of the
Welsh Assembly is consulting on the contents of the Welsh Government’s
Renting Homes (Wales) Bill. For the consultation documents and details, click
here Any submissions should arrive by 27
March 2015.
The Welsh Government has published its consultation draft of its
new statutory Code of Guidance on Homelessness & Allocations. For
details of the consultation exercise and arrangements for responses, click
here The deadline is 23 March 2015.
|
|
NEW
HOUSING LAW
ARTICLES & PUBLICATIONS
The
scandal of councils turning away the homeless is finally being exposed Hannah
Fearn [2015] The Guardian Housing Network 27 February. To read the
article, click
here
Recent
Developments in Housing Law. Jan
Luba QC & Nic Madge [2015] February issue Legal Action magazine.
Available in print and on-line. To read the article, click
here
What
the latest statistics tell us about housing – in six charts Liam
Kelly [2015] The Guardian Housing Network 26 February. To read the
article, click
here
Charities
say homeless being let down as rough sleeping rises again Patrick
Butler [2015] The Guardian 26 February. To read the article, click
here
Six
ways landlords can help social housing tenants to move home Charlotte
Smith [2015] The Guardian Housing Network 24 February. To read the
article, click
here
Are
Council Tax hardship funds an effective means of support? Sam
Aston [2015] Z2k Blog 26 February. To read the article, click
here
Easing
the renting pain
Alex Hilton [2015] Inside Housing 27 February. To read the article,
click
here
Ready,
set, go (social
landlords and the new regulatory framework) Gemma Bell [2015] Inside
Housing 27 February. To read the article, click
here
Retaliatory evictions and proposed changes to the law Sarah
Cummins [2015] Anthony Gold Blog 23 February 2015. To read
the article, click
here
Repair despair Julie Cameron [2015] 175 Taxation No.4490.
To read the article, click
here
|
|
THE HOUSING LAW DIARY
4 March 2015
Scheduled House of Lords Third Reading of the Deregulation Bill (see
above)
6 March 2015
Scheduled House of Commons Second Readings for Household Safety (Carbon
Monoxide Detectors) Bill, Private Rented Sector (Decent Homes Standard)
Bill and the Carers Bedroom Entitlement (Social Housing Sector) Bill (see
above)
9 March 2015
Final stages (‘ping-pong’) for the Consumer Rights Bill in the House
of Commons (see above)
Supreme Court to consider whether an Austrian national was ineligible for
housing assistance in the UK. For the details, click
here
17
March 2015
Supreme
Court to hear appeal about out-of-borough placement of homeless
households. For the Court of Appeal judgment, click
here
23
March 2015
Consultation
closes on draft Code of Guidance on Homelessness & Allocations for
Wales (see above)
27
March 2015
Consultation
closes on the contents of the Welsh Government’s Renting Homes (Wales)
Bill (see above)
30
March 2015
Consultation
closes on draft guidance relating to the new unfair terms provisions (see
above)
|
|
RECRUITMENT
Housing
& Property Disputes Solicitor
Hodge
Jones & Allen LLP, a leading firm of solicitors based in London NW1
has an exciting opportunity for a solicitor with a minimum of 2+ years PQE
to join their dedicated social housing and property disputes team.
It is essential that you
have good social housing law experience in addition to property litigation
experience in a variety of residential property disputes.
You will be expected to be competent in litigation with excellent client
care skills. In addition you will have excellent communication and
written skills, be a good team player and able to work under pressure.
The firm offers a competitive salary & benefits, as well as excellent
career prospects, broad training, first-class IT facilities and
comprehensive administrative support.
Please apply by sending a covering letter and CV to Joe Cooper at the
following email address jcooper@hja.net.
Closing date
for applications is 5 March 2015. Interviews are planned to take
place in the week commencing 9 March 2015.
For full details click
here
Housing
Solicitor Vacancy (locum maternity cover)
Greenwich Housing Rights seeks a 3+ years PQE Housing
Solicitor to join its specialist casework team to provide locum maternity
cover.
Fixed-term 9 month contract which will ideally start before 17 April 2015
(possibility of extension)
Experience of running a busy publicly-funded caseload is essential.
Experience of community care and public law will be an advantage.
Salary: £31,000 p.a. + 5% pension contribution
Closing date for applications: 27 March 2015
Apply by email to chris.minnoch@grhr.co.uk
or call 020 8854 8848 to
request an application pack.
For full details click
here
|
|
Lime
Legal's Housing Law Week
All rights reserved
If you have any comments, support queries, suggestions or ideas for
articles or would like to subscribe to this newsletter please email info@limelegal.co.uk
or call us on 01249 701555.
|