HOUSING LAW NEWS & POLICY ISSUES

Right to buy
The DCLG has published statistics on the number of sales of dwellings under the Right to Buy scheme, as well as providing statistics on receipts resulting from those sales and starts on site as part of the one-for-one additions policy. In October– December 2015, local authorities sold an estimated 3,250 dwellings under the Right to Buy scheme. This is a decrease of 1% from the 3,288 sold in the same quarter in the previous year. Local authorities in London accounted for 26% of sales in that quarter; that is 7% lower than in the same quarter of the previous year. For the statistics, click here

Private rental prices
The Office for National Statistics has published an index of private housing rental prices which shows that private rental prices paid by tenants in Great Britain rose by 2.6% in the 12 months to February 2016, unchanged when compared with the year to January 2016. Private rental prices grew by 2.8% in England, 0.2% in Wales and 0.7% in Scotland in the 12 months to February 2016. Rental prices increased in all the English regions over the year to February 2016, with rental prices increasing the most in London (3.8%). For the index, click here

Private renting
Camden Council is to set up a new housing company – Camden Living – to offer more affordable rents to residents. The company also has potential to generate income for the Council to reinvest in services. The new company will provide an intermediate rental housing offer, ie improve housing opportunities for residents who cannot afford private rents but who do not qualify for the housing register. To read the council’s press release, click here

Land registration
The Law Commission is reviewing the legal framework that governs the registration of land in England and Wales. It has launched a consultation which asks how the Land Registration Act 2002 is working in practice and whether there are opportunities for the system to be clarified and updated. For the consultation and related documents, click here The consultation closes on 30 June 2016.

Homelessness (1)
The DCLG has published tables showing the level of homelessness during the period of October to December 2015. 14,470 households were accepted as homeless by English local authorities in that period. This is 5.8% higher than in the same quarter of 2014. There were 56,510 acceptances over the period of January to December 2015, which is approximately 5.8% greater than the total for the previous 12 months. To access the tables, click here

Homelessness (2)
On 14 March, as previously reported, the Communities and Local Government Select Committee heard from charities helping homeless people as part of its inquiry into homelessness, its causes and the effectiveness of work undertaken to address it. For a report of the proceedings, click here

Homelessness (3)
On 10 April 2016 Local Government Association’s Conservative, Labour and Liberal Democrat groups wrote to The Guardian to urge peers to back amendments to the Housing and Planning Bill. They say that the current provisions in the Bill, currently passing through the House of Lords, are ‘likely to have the unintended consequence of increasing homelessness and pushing more families into the more expensive private rented sector.’ To read the letter, click here

Homelessness – Scotland
The Scottish government has published information on homelessness applications, assessments and outcomes in the period of October to December 2015. It also provides snapshot data on households in temporary accommodation on 31 December 2015 together with data on the implementation of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014.For the bulletin, click here  

Homelessness – Wales
The Welsh government has published homelessness statistics for October to December 2015. 2,025 households in Wales were threatened with homelessness within 56 days and for 1,335 households (66%) homelessness was successfully prevented for at least 6 months. 2,110 households were accepted as being homeless and owed a duty of help to secure accommodation during the quarter. Of these, 925 households (44%) were helped to secure accommodation that was likely to last for 6 months, following intervention by the local authority. For the report, click here

Housing – London
The Liberal Democrats’ Caroline Pidgeon has published her manifesto for the Mayor of London election.  It contains a number of pledges to address homelessness and rough sleeping, including a promise to encourage landlords to offer longer minimum (at least two years) tenancies, especially those landlords being used to discharge councils’ homeless re-housing duties. For the manifesto, click here For Zac Goldsmith’s housing manifesto, click here For Sadiq Khan’s housing manifesto, click here For Sian Berry’s manifesto, click here The Residential Landlords Association has also launched a London Mayoral Manifesto. To read it, click here

Co-operative housing – Wales
The Welsh government has published research exploring the early, developmental stages of co-operative housing in Wales, with a view to understanding how co-operative housing schemes have progressed so far. Amongst other findings, the report notes that RSL representatives interviewed generally felt that the co-operative model has potential to increase tenant satisfaction. Some also consider it a possible strategy for improving problematic housing estates. For the research, click here For a summary, click here

Anti-social behaviour
At the 5th April 2016 meeting of Adur & Worthing Councils' Joint Strategic Committee, the Committee agreed to recommend to the next full council meeting the adoption of three Public Space Protection Orders (PSPOs). For the council’s press release, click here For an article in The Independent (October 2015) about the use of PSPOs to counter rough sleeping, click here

Housing associations’ merger (1)
L&Q, The Hyde Group and East Thames have entered into merger talks with a view to creating one of the country’s top four largest house builders. The three organisations say that together they will be able to build 100,000 new homes across London and the South East. The new organisation will be holding a special consultation event for involved residents from all three organisations early this summer. To read the press release, click here To read a commentary on the merger in Red Brick, click here

Housing associations’ merger (2)
From 1 April 2016  Chevin Housing, Green Vale Homes, Housing Pendle, Pennine Housing 2000 and Twin Valley Homes have combined as Together Housing Association Limited which says that tenants’ rights and local services will be unaffected by the changes. For the press release, click here

Gypsy and traveller caravans – Wales
The Welsh government has published the results of its latest biannual count of gypsy and traveller caravans, including information on authorised, unauthorised and local authority sites. There were 931 gypsy and traveller caravans reported in Wales on 16 January 2016. There were 108 sites across Wales. For the report, click here

Assured tenancy forms
On 6 April 2016 the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 came into force. Regulation 2 substitutes new Forms 3, 4 and 5 for the equivalent forms prescribed in the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015. For the regulations, click here For the explanatory note, click here

Housing cases and legal aid
On 31 March 2016 the Ministry of Justice published legal aid statistics for the period of October to December 2015. The report shows that in that quarter there was a 11% decrease compared to the same quarter the previous year. Workload figures in this category of law are driven by legal help, which comprises more than 80% of overall housing legal aid volume. Of a total spend on civil legal aid for the period of January to December 2015 of £709 million, housing cases accounted for £31 million. For the report, click here

HOUSING LAWS IN THE PIPELINE

Housing and Planning Bill
This is a UK Government Bill about social and private rented housing, rogue landlords, estate agents, planning and compulsory purchase. It has completed all its House of Commons stages and is now passing through the House of Lords. The Bill has completed its Committee stage and entered the Report stage on 11 April 2016. For a copy of the Bill as amended in Committee, click here For the Explanatory Notes, click here For the official Impact Assessment of the Bill, click here  To follow the progress of the Bill, click here . To read the debates at all stages of the Bill, click here. For the House of Lords Library research briefing on the Bill, click here For a comment from the National Federation of ALMOs calling for changes to the provisions in the Bill relating to HMRC data sharing (and relevant to ‘Pay to Stay’ proposals), click here For a letter to The Guardian, signed by more than 70 academics, objecting to the proposals in the Bill, click here

Immigration Bill
This UK Government Bill would create four new offences to target those landlords and agents who repeatedly fail to comply with the ‘right-to-rent scheme’ by letting to tenants subject to immigration restrictions or who fail to evict tenants who they know or have reasonable cause to believe are disqualified from renting as a result of their immigration status. The Bill has completed its House of Commons stages and has now moved into the House of Lords where it has completed the Report stage. The Bill was due to have its Third Reading on 12 April 2016. For a copy of the Bill as amended on Report, click here  For the Explanatory Notes for the Bill as it entered the Lords, click here  For the official Impact Assessment, click here  For the debates at all stages of the passage of the Bill, click here To follow the progress of the Bill, click here 

Private Housing (Tenancies) (Scotland) Bill 2015
This is a Government Bill introduced in the Scottish Parliament on 7 October 2015. For a copy of the Bill, the Explanatory Notes and related official documents, and to follow the progress of the Bill, click here For the final Business and Regulatory Impact Assessment on the Bill, click here For the Children’s Rights and Wellbeing Impact Assessment on the Bill, click here For the final Equality Impact Assessment for the Bill, click here For the Briefing on the Bill produced by the Scottish Parliament Information Centre, click here For a supplemental memorandum describing provisions in the Bill conferring power to make subordinate legislation which were either introduced to the Bill or amended at Stage 2, click here The Bill passed Stage 3 on 17 March 2016. The Bill is now in the 4 week reconsideration stage and if it not challenged by the Advocate General during that period will be submitted for Royal Assent. For the Bill as passed, click here

Housing (Amendment) Bill
This is a Bill introduced in the Assembly 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 completed the Further Consideration Stage on 15 February. For an official report of the Further Consideration Stage, click here The Bill passed the Final Stage on 23 February and is awaiting Royal Assent. To read a report of proceedings (commencing at 3.30 pm), click here To follow progress of the Bill, click here

Houses in Multiple Occupation Bill
This is a Bill introduced in the Assembly by the Northern Ireland Executive.  It would make provision for and in connection with the licensing of houses in multiple occupation in Northern Ireland. The Bill completed the Further Consideration Stage on 7 March 2016 and Final Stage on 15 March 2016. For an official report of the proceedings, click here For a copy of the Bill as amended at Further Consideration Stage, click here For an Explanatory and Financial memorandum at that stage, 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. For a copy of the Bill, click here   It had its Second Reading on 16 October 2015 but was talked-out. It was again listed for a Second Reading on 11 March 2016 but was objected to and the Second Reading debate will resume on 22 April 2016. However, the House is not expected to be sitting on that date and, unless it does so, the Bill will not progress in this session. For details on the (unlikely) future progress of the Bill, click here For a lawyer’s commentary on its content, click here For the Shelter Blog on the Bill and its importance, click here For a commentary from Dr Stephen Battersby, click here For the House of Commons Library Briefing on the Bill, click here  For the MP’s own perspective on her Bill being talked-out in October 2015, click here For the response of the MP who talked-out the Bill, 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. For a copy of the Bill, click here  It had a First Reading on 24 June 2015 and its Second Reading is to be on a date yet to be announced. Since there are no available dates for Second Reading of Private Members’ Bills in the current session, the Bill will not progress in this session. For details on the progress of the Bill, click here For the Briefing Paper prepared by the House of Commons Library, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced by Mark Pawsey MP but which now has UK Government support. 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 was been re-scheduled for 11 March 2016 but on that occasion was not moved for a Second Reading. Since there are no available dates for Second Reading of Private Members’ Bills in the current session, the Bill will not progress in this session. 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  

NEW HOUSING CASES

R (on the application of MacLeod) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin)
Mr Macleod was an assured tenant of a flat in London. His landlords at the commencement of his tenancy in June 2009 were The Crown Estate Commissioners (“CEC”).  In 2011 CEC transferred a number of properties to the Defendant (“Peabody”) and Mr Macleod’s tenancy was transferred to Peabody.  Peabody is a housing association with charitable status. In 2014 Peabody approved Mr Macleod’s application to register with a website facilitating mutual exchange of social housing tenancies. In July 2015 Mr Macleod brought judicial review proceedings challenging Peabody’s refusal of his application for a proposed exchange with a tenant of a property in Edinburgh. Mr Macleod contended that Peabody was amenable to judicial review as a public body and asserted that Peabody had failed to follow its own mutual exchange policy, failed to take account of its Equality Act 2010 duty (under s.149) and consequently had “unlawfully fettered its discretion and that its decision was irrational.”

Mr Justice William Davis decided that on the facts of this case he was not satisfied that Peabody was exercising a public function in relation to Mr Macleod’s tenancy.  He listed [at para 20] the factors he took into account in reaching that conclusion.  The arguments raised in support of Mr Macleod’s assertion that Peabody was a public body are summarised in the judgment [at para 22]. His Lordship considered that the fact that Peabody is regulated as a private registered provider of social housing and had statutory powers which exceeded those available to a private landlord would carry “significant weight” in relation to Peabody’s general housing stock but the properties such as that rented by Mr Macleod which had been transferred from CEC “fell into a different category”.

His Lordship also considered that the non-assignment clause in the tenancy agreement and the provisions of a nominations agreement between CEC and Peabody (which limited the power to let to someone other than a tenant nominated in accordance with the agreement) were significant factors. He concluded that those matters were sufficient to justify Peabody’s departure from its stated policy.  Furthermore, His Lordship was not satisfied that it had been demonstrated that exercise of the public sector equality duty would have made any difference to Peabody’s decision.

Whilst the judge concluded that there had been some poor administration by Peabody that did not mean that its final decision was irrational or otherwise amenable to judicial review. Accordingly, the application was dismissed. For the full judgment click here

Stevenage Borough Council v ML (HB) 2016 UKUT 164 AAC
ML lived in accommodation she rented from the local authority and was in receipt of Housing Benefit (HB). The local authority determined that ML was “under-occupying” her accommodation and that the HB payable should be reduced by 14% under Reg B13 of the HB Regulations 2006 (as amended). ML appealed and the tribunal allowed her appeal because it considered that the room in question could not properly be classified as a bedroom. The LA appealed. The Upper Tribunal considered the Upper Tribunal decision in SSWP v Nelson [2014] UKUT 525 (AAC) (“Nelson”) which decided, amongst other matters, that the provisions of the Housing (Scotland) Act 1987 relating to overcrowding (materially no different from those in the (English) Housing Act 1985) could not be imported to determine the meaning of a “bedroom” for the purposes of Regulation B13 of the HB Regulations 2006 (as amended).

The room in question was about 63 sq. ft. However, the useable space was considerably reduced by the fact it had a sloping ceiling. The room had been used as a bedroom for ML’s son for the first five years of his life after which she had concluded that it was no longer suitable as a bedroom and had used it as a store room. The tribunal had also found that the room would not qualify as a bedroom for the purposes of the provisions relating to the size of a bedroom for an adult in HMOs. 

Upper Tribunal Judge A Lloyd-Davies was concerned, especially given the room’s sloping ceiling, that all of the factors in para 31 of the judgment in Nelson (reproduced below) may not have been properly considered:

1. “31.When an issue arises as to whether a particular room falls to be treated as a bedroom that could be used by any of the persons listed in Regulation B13 (5) and (6) a number of case sensitive factors will need to be considered including (a) size, configuration and overall dimensions, (b) access, (c) natural and electric lighting,(d) ventilation, and (e) privacy.”

Accordingly, he set aside the tribunal decision and remitted the case back to a differently constituted tribunal for consideration.  For the full judgment click here For a commentary on the case and its possible implications click here

Health & Safety Executive Prosecution
A plumber, who was responsible for arranging gas safety checks for a Plymouth landlord, instructed a man whom he had met in the pub to undertake the work.  Following tenants’ complaints of dizziness and headaches, the Health & Safety Executive launched an investigation. The work was found to be ‘immediately dangerous’ and potentially leaking poisonous carbon monoxide into the tenanted property.  The investigation also discovered that the gas fitter was not a Gas Safe registered engineer and that the Gas Safety records had been completed with a false registration number and that the workman’s address was fictitious.  The defendant who had instructed the fitter was sentenced to 12 months imprisonment for each offence suspended for 18 months and was ordered to pay £2,000 in costs.

Breach of Noise Abatement Notice Prosecution
Cambridge City Council reports a prosecution arising from anti-social behaviour in the form of loud music and loud voices coming from the property of one of its residents.  Following complaints by neighbours the council’s environmental health officers issued a number of warnings but subsequently witnessed serious noise nuisance which led to them serving a noise abatement notice.  Unfortunately, further complaints were received and council officers noted continued unacceptable noise levels coming from the property in the early hours of the morning.  The prosecution led to a conviction and a forfeiture order of the noise-making audio equipment, a fine of £1,320, costs of £700 and a victim surcharge of £66. For the full report click here

Landlord Fined for Endangering Tenants
A gas boiler in a flat in Plymouth was in such a dangerous condition that it risked the lives of the tenants, reports the Health & Safety Executive (“HSE”). Plymouth City Council alerted the HSE about the absence of gas safety certificates (despite seven requests) for a number of flats which led to the HSE serving an improvement notice on the landlord requiring him to undertake the necessary gas safety check and maintenance but the landlord failed to comply by the latest date set out in that notice. An inspection by a gas engineer who had been instructed by one of the tenants revealed serious problems with the gas boiler at the flat and notified HSE. The gas boiler was classified as ‘immediately dangerous’ and was replaced by the Council after the landlord failed to undertake the necessary repairs. On 8 April the landlord was fined £11,000 and costs of £880 having pleaded guilty to breaches of Gas Safety (Installation and Use) Regulations 1998, and section 33(g) of the Health and Safety at Work etc Act 1974. For the full report click here

Illegal Gas Work Conviction for Gas Fitter
A gas fitter has been sentenced at Exeter Crown Court to a suspended prison sentence of 12 months; and ordered to undertake 200 hours unpaid work and to pay £3,327.80 costs.  The defendant undertook gas boiler installation and boiler checks at a tenanted property.  The installation was subsequently found to be dangerous.  The defendant was not registered with Gas Safe but used a fictitious Gas Safe registration number on the records he produced.  On a subsequent inspection by a qualified Gas Safe engineer a number of dangerous faults were discovered arising from the defendant’s work.  The defendant pleaded guilty to breaching the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974. HSE Inspector Simon Jones is quoted as saying after the hearing: “Only engineers registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of [the fitter’s] illegal and dangerous gas work". For the full report click here

HOUSING LAW CONSULTATIONS

Warm home discount scheme
The Department of Energy and Climate Change proposes a number of changes to the Warm Home Discount Scheme including who will receive the rebate in future scheme years. The consultation is aimed at all those with an interest in fuel poverty policies, especially those interested in the Warm Home Discount, including affected individuals and organisations that represent low income and vulnerable households. For the consultation document, click here The consultation closes on 6 May 2016.

Land registration
The Law Commission is reviewing the legal framework that governs the registration of land in England and Wales. It has launched a consultation which asks how the Land Registration Act 2002 is working in practice and whether there are opportunities for the system to be clarified and updated. For the consultation and related documents, click here The consultation closes on 30 June 2016.

Use of data in public sector organisations
The Cabinet Office has launched a consultation into the sharing and use of data in public sector organisations. One of the aims is stated as reduction “of the billions of pounds lost and cost to the taxpayer in preventing, detecting and dealing with fraud against the public sector.” For the press release click here For the consultation document and impact assessments, click here The consultation closes on 22 April 2016.

McKenzie Friends in the courts
The Judicial Executive Board (JEB) has issued a consultation paper proposing reforms to the existing guidance for 'McKenzie Friends', ie non-lawyers who offer assistance and in some cases seek to appear as advocates on behalf of litigants-in-person (LiPs) in civil cases. The JEB has invited comments from court users to be submitted by 19 May 2016. For the consultation paper, click here

HOUSING LAW ARTICLES & PUBLICATIONS

10 things you should know about homelessness Katie Coyne [2016] EHN-Online 30 March. To read the article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2016] April issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

The latest on 'Pay to Stay' John Murray [2016] Local Government Lawyer 7 April. To read the article, click here

AirBnBreach Giles Peaker [2016] Nearly Legal 4 April. To read the article, click here

RTB for housing association tenants: short-term political gain, long-term public pain ... Steve Hynes [2016] Legal Action April. To read the article, click here

Lessons in how the law works Dr Stephen Battersby [2016] UK Housing Professionals Forum Blog 1 April. To read the article, click here 

Grand plans but tenants just an afterthought (and worse) Steve Hilditch [2016] Red Brick 7 April. To read the article, click here

This Is Why People Really Don’t Like The Government’s Housing Bill Patrick Smith [2016] BuzzFeed 11 April. To read the article, click here

The law makes the bedroom tax history. Let’s ensure it is! Joe Halewood [2016] SPeye Joe blog 11 April. To read the article, click here and for associated articles, scroll down the page.

Homelessness Statistics Make Unconformable Reading for Politicians Worried About Welfare Cuts Jenny Pennington [2016] Huffington Post 24 March. To read the article, click here

Right to Buy replacement – four steps to good news Sara Mahmoud [2016] Shelter Blog 24 March. To read the article, click here

THE HOUSING LAW DIARY

22 April 2016           
Closing date for responses to the consultation on the use of data in public sector organisations review (see Housing Law Consultations above)

RECRUITMENT

Housing Management Lawyer Vacancy (Croftons Solicitors LLP)

The Firm:  Croftons Solicitors LLP is a leading provider of legal services and solutions to the housing and regeneration sector, acting for over 45 registered providers, RSLs, ALMOs and Local authorities, and served by 27 specialist lawyers across legal disciplines (including all aspects of property, finance, housing management, governance and regulation).
Band one in Chambers and Partners for social housing and gold accreditation for Investors in People.

Housing Management team:  Our current team consists of a Partner, an Associate, and has support from 4 Trainee Solicitors and a Paralegal.

Post:  As a result of continued growth, we are creating a new position targeted at a qualified solicitor or FILEX up to 2 years pqe, or may equally suit a part qualified candidate with strong relevant experience.  Conducting hearings is key to this role.  Advocacy experience is an advantage therefore, but at the least, all applicants should have an interest in advocacy and a sound understanding of housing management.

To apply please send your CV and covering letter to Melanie Dirom:  Melanie.Dirom@croftons.co.uk.  Please ensure your application includes full details of your experience/passion in the housing and regeneration sector, your relevant legal competencies, and your current salary.