16th November 2016
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HOUSING LAW NEWS & POLICY ISSUES

Housebuilding
On 11 November 2016 the DCLG announced that a new £18 million fund had been established to “speed up house building on large sites and [to] provide thousands of new homes where people want to live”. Councils can bid for a share of the ‘capacity fund’ to tackle planning issues that can cause delay and prevent builders from getting on site and starting work quickly. For more details, click here For the Local Government Association’s response, click here

Social housing letting figures
On 10 November 2016 the DCLG released statistics for social housing lettings in England for the period of April 2015 to March 2016. Lettings by private registered providers decreased by 3% to 261,000 in 2015/16, continuing the fall from the previous year. Lettings as a proportion of total stock remained constant at 8%. Local authority lettings also decreased by 3%, to 113,000 in 2015/16, a continuation of their long-term trend. In the fifth year of the affordable rent programme, 47,000 properties were let at affordable rents, up 18% from 2014/15. For the full statistics, click here

Landlord possession statistics – England and Wales
On 10 November 2016 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. Landlord possession claims (34,414), orders for possession (26,157), warrants of possession (18,450) and repossessions by county court bailiffs (9,689) were down 11%, 10%, 8% and 14% respectively compared to the same quarter last year. This is continuing the annual downward trend in landlord possession claims, seen since April to June quarter 2014. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – England and Wales
On 10 November 2016 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. Mortgage possession claims (4,486), orders for possession (2,694), warrants of possession (4,335) and repossessions by county court bailiffs (1,210) were down 10%, 22%, 31% and 15% respectively compared to the same quarter last year, continuing the long-term downward trend seen since January to March 2009. For the statistics (combined with those for landlord possession above), click here

Landlord possession statistics – Wales only
On 11 November 2016 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. There were 1,335 landlord possession claims made during July to September 2016, a decrease of 10% on the same quarter of 2015. There were 1,032 landlord possession orders made during the quarter, down by 13% compared with July to September 2015. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – Wales only
On 11 November 2016 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. During July to September 2016, there were 354 mortgage possession claims and 216 mortgage possession orders made, down by 1% and by 7%, respectively, on the same quarter of 2015. For the statistics (combined with those for landlord possession above), click here

Home buying
On 14 November 2016 the Conveyancing Association, the trade body for the conveyancing industry, published its White Paper on ‘Modernising the Home Moving Process’ in which it outlines how a future, more certain and transparent process might operate. The proposals include amending the Commonhold and Leasehold Reform Act 2002 to resolve the unreasonable cost and delay now associated with the leasehold sales process. To read the Association’s press release, click here To access the White Paper, click here

Overcrowded housing – England
On 14 November 2016 the House of Commons Library published a briefing paper explaining the current statutory overcrowding standard in England, efforts to update the standard, and Government approaches to tackling the problem. To read the briefing, click here

Registered social landlords – Scotland
On 11 November 2016 Ian Brennan, Director of Regulation (Finance and Risk) at the Scottish Housing Regulator, told a gathering of registered social landlord finance professionals that most RSLs remain in good financial health, but the sector is facing new challenges. Mr Brennan referred, in particular, to challenges that may arise from BREXIT, the ONS’s reclassification of RSLs, and increased development activity. To read the speech, click here

Social landlords and rent increases – Scotland
On 8 November 2016 the Scottish Housing Regulator published a report, ‘How social landlords consult tenants about rent increases – a thematic inquiry’, which found that some landlords need to do more to discuss with their tenants what they want their rent to pay for and what they can afford. The report concluded that tenants’ views on the value of rent consultation are driven by how they are consulted, whether they are given genuine options to consider; and whether they feel that their landlord has listened to their views. Tenants on the regulator’s National Panel reported variations in the quality of their experiences of rent consultation. To read the report, click here

Child homelessness – Wales
On 11 November 2016 WalesOnline reported that a film producer from Cardiff has made a silent short film about child homelessness to raise awareness of the problem across the country. To view the 8-minute film, accompanied by music written by Andrew Taylor of Cardiff University, click here

Housing associations – regulation fees
On 10 November 2016 Julian Ashby, chair of the regulation committee of the Homes and Communities Agency told delegates at a conference that the social housing regulator will propose in a consultation that it charge English housing associations annual fees of £5 per social housing unit owned towards the costs of regulation. John Bryant, Policy Officer at the National Housing Federation, responded: “The introduction of fees will simply take away from housing associations’ capacity to build and provide other services of public benefit. We are, of course, in agreement that the regulator needs to be adequately resourced; but if the fee income simply off-sets a smaller contribution by the Treasury, the regulator will be no better funded than it is now.” For the Inside Housing report (subscription required) of the proposal, click here For the full NHF response, click here

Housing providers – planning for the future
On 11 November 2016, Altair, the specialist housing consultants, published the result of a survey of 70 housing providers which revealed that “65% of organisations are currently transforming their organisations, and a further 29% are planning a transformation programme, driven by the need to be more commercial, more agile and more efficient in the light of less government grant and dwindling rental income.” To read the report, click here To read a summary, click here

Housing provision and poverty – Wales
On 8 November 2016 the Joseph Rowntree Foundation published a report – ‘Prosperity without Poverty’ –  setting out a framework for action to be taken in Wales to eradicate poverty. In respect of housing it recommends that the Welsh Government and social landlords should: prioritise the supply of genuinely affordable housing further to meet objectively-assessed need; review social rents so that they are aligned with local incomes and earnings; continue efforts to encourage private landlords to improve conditions and affordability in the private rented sector; compensate tenants who are affected by the under-occupation penalty and are either willing to move but cannot because there is no suitable property available, or who need additional space because of specialist needs arising from a disability or shared parenting responsibilities. For more details, click here

Homelessness – Northern Ireland
On 9 November 2016 Crisis and the Joseph Rowntree Foundation published a report which found that statutory homelessness in Northern Ireland has remained at historically high levels since 2005/6. In 2015/16, 18,600 households presented as homeless in Northern Ireland (including elderly people rehoused from unsuitable accommodation). 60% (11,200) were accepted as being owed a legal duty under the law. For more details, click here

Homelessness – Wales
On 9 November 2016 the Welsh Government published data on the number of households applying during April to June 2016 to local authorities for housing assistance under the Housing Wales Act 2014 and the number of homeless households in temporary accommodation: 2,439 households were assessed as threatened with homelessness within 56 days and for 1,458 households (60%) homelessness was successfully prevented for at least 6 months; 2,667 households were assessed as being homeless and owed a duty to help secure accommodation of which 1,071 households (40%) were helped to secure accommodation that was likely to last for 6 months, following intervention by the local authority. For more details, click here

Housing stock
On 15 November 2016, the DCLG published tables of dwelling stock (including vacants), organised by tenure and districts. To find them, click here

Housing supply
On 15 November 2016 the DCLG published statistics for housing supply in England for 2015-16. There were 189,650 net additional dwellings in 2015-16, up 11% on 2014-15. The 189,650 net additions in 2015-16 resulted from 163,940 new build homes, 30,600 gains from change of use between non-domestic and residential, 4,760 from conversions between houses and flats and 780 other gains (caravans, house boats etc.), offset by 10,420 demolitions. To consult the statistics, click here

Low income households and cold homes – Wales
On 10 November 2016 the Welsh Government published research to identify which low income households are the most vulnerable from living in cold homes and therefore are likely to be in the greatest need of a home energy efficiency intervention. To read the results, click here

Housing for armed services– Wales
On 10 November 2016 the Cabinet Secretary for Communities and Children, Carl Sargeant, announced plans to help former members of the Armed Forces community and Service personnel transferring back into civilian life find suitable accommodation and avoid homelessness. For the associated press release, click here

Rough sleeping and ‘tent city’ – Hull
On 15 November 2016 Local Government Lawyer reported that Hull City Council is to take legal action to close down a ‘tent city’, claiming that a number of its occupants are protesters from outside the area. On 10 November the council had issued a press release stating: “Following a meeting with the organisers of the tent city protest on Monday 7 November, we offered to meet and assess the needs of the rough sleepers present on the site and to provide emergency accommodation. Assessments were carried out yesterday and all of those who came forward were found suitable accommodation. … Since tent city was established, our priority has been to get rough sleepers off the street and into warm accommodation, particularly as we are experiencing poor weather conditions. Outreach workers have visited the site and offered the occupants hostel places. There are currently enough bed places in Hull for all rough sleepers who need one.” For the Local Government Lawyer’s article, click here For the full council press statement, click here

Right to rent
On 15 November 2016 the Residential Landlords Association reported the results of a survey of landlords which suggested that 43% were less likely to rent to those who do not have a British passport because of the fear of criminal sanctions for getting it wrong under the Right to Rent legislation. From this the RLA conclude that British people who do not have passports may struggle to rent homes. For the press release, click here For a report in The Guardian on this story, click here

Private renting and home ownership
On 14 November 2016 The Guardian reported that almost two-thirds of renters in the UK believe they are unlikely to buy a home in the next five years, according to research for the Redfern Review into the housing decline which was due to report on 16 November 2016. To read the article, click here

HOUSING LAWS IN THE PIPELINE

Homelessness Reduction Bill
This is a Private Members’ Bill introduced in the House of Commons by Bob Blackman which seeks to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes. The Bill has won the support of the Government; for the DCLG press statement in that respect, click here The Bill received its Second Reading on 28 October 2016; for a record of the debate, click here For the Bill as introduced, click here For progress of the Bill, click here The House of Commons Select Committee for Communities and Local Government has published a report following its pre-legislative scrutiny of the Bill; to read the report, click here For the Law Society’s parliament briefing on the Bill, click here

Renters’ Rights Bill
This is a Private Members’ Bill introduced in the House of Lords by Baroness Grender which seeks to provide tenants and prospective tenants with certain rights, including affording access to a local housing authority’s database of rogue landlords, ending certain letting fees and providing for certain mandatory electrical safety checks. The Bill had its Second Reading on 10 June 2016 and will enter the Committee stage on 18 November 2016. For the Bill as introduced, click here To read debates at all stages of the Bill’s passage, click here For progress of the Bill, click here

Crown Tenancies Bill

This is a Private Members’ Bill introduced in the House of Commons by Wendy Morton which seeks to provide that ​Crown tenancies may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions; to modify the assured tenancies regime in relation to certain Crown tenancies; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 16 December 2016. For progress of the Bill, click here

Housing (Tenants' Rights) Bill
This is a Private Members’ Bill introduced by Caroline Lucas which seeks to establish a Living Rent Commission to conduct research into, and provide proposals for, reducing rent levels in the private rented sector and improving terms and conditions for tenants; to require the Secretary of State to report the recommendations of the Commission to Parliament; to introduce measures to promote long-term tenancies; to establish a mandatory national register of ​landlords and lettings agents; to prohibit the charging of letting or management agent fees to tenants; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 20 January 2017. For progress of the Bill, click here

NEW HOUSING CASES

R (on the application of Hindis Abdulrahman) v The London Borough of Hillingdon [2016] EWHC 2647 (Admin)
This judgment concerns an application for judicial review of a decision by the London Borough of Hillingdon (“the Council”) to decline to accept the Claimant’s application under section 183 of the Housing Act 1996. The Claimant contended firstly, that the Council had adopted the wrong test when considering whether the application was based upon exactly the same facts as a previous application and second, (that even if the Council had applied the correct test) its decision-making process was irrational. 

The first accommodation application which was made in 2013 had been a joint one by the Claimant and her husband but that relationship came to an end and the 2016 application had been made by the Claimant alone.  The 2016 application was based on a family/household of three fewer dependent children than in 2013.  Furthermore, by the time of the 2016 application the Claimant had spent over two years in temporary accommodation.

The judicial review application was heard by Neil Cameron QC, sitting as a Deputy High Court judge. He stated [para. 39] that, …. “In my judgment it is not appropriate to subject a local authority's decision not to accept an application under Part VII of the 1996 Act to the same sort of analysis as may be applied to a contract drafted by solicitors, to an Act of Parliament, or to a court's judgment. It is also important that the letter or letters by which such decisions are communicated should be considered as a whole.” 

The judge considered the correspondence between the Council and the Claimant and concluded that it could not be said that the Council had applied the wrong test.  However, the judge concluded that it had been irrational for the Council to conclude that the 2016 application was based upon exactly the same facts as the 2013 application because the facts were clearly different. In particular, the identity of the applicant changed from a joint application by the Claimant and her husband to a sole application by the Claimant and “the number of people seeking assistance had changed.” The judge considered that both of those facts were relevant to an application under s.183 of the Housing Act 1996. Accordingly, the application for judicial review was allowed and the Council’s decision to treat the 2016 application as an application under ss. 183 and 184 of the Housing Act 1996 was quashed. For the full text of the judgment click here

Successful Enforcement Action by Birmingham City Council
Birmingham City Council report a successful prosecution of a local landlord following an investigation which revealed that there had been intimidation of tenants and threats to change the locks of the tenanted property. The landlord was convicted of breaching the Protection from Eviction Act 1977, failure to obtain a HMO licence and breach of HMO Management Regulations.  Birmingham Magistrates fined the Defendant landlord £2,000 as well as ordering him to pay costs of £5,070.93 and a victim surcharge.  He was also ordered to undertake 150 hours of community service. For the full report click here.

Bristol Magistrates impose heavy fine on Property Management Company
Bristol City Council reports that on 2 November 2016 Bristol Magistrates sentenced a property management company that houses vulnerable tenants. The Council reports that the company was sentenced in its absence after being found guilty of six breaches of HMO regulations and offences under s.234 of the Housing Act 2004. The court ordered fines and costs of in excess of £16,000. For the full report click here

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HOUSING LAW CONSULTATIONS

Houses in multiple occupation and residential property licensing
The DCLG has opened a consultation on extending the mandatory licensing of houses in multiple occupation. The consultation seeks views on the Government’s proposed details for: the mandatory licensing of houses in multiple occupation; the assumptions made in its associated impact assessment; national room sizes; the fit and proper person test; refuse disposal facilities; and purpose built student accommodation. For the consultation document, click here To respond online, click here  The consultation closes on 13 December 2016.

Regulations and policy supporting the Private Housing (Tenancies) (Scotland) Act 2016
The Private Housing (Tenancies) (Scotland) Act 2016 creates the new private residential tenancy which will replace current assured and short assured tenancies. The purpose of the new tenancy is to improve security of tenure for tenants balanced with appropriate safeguards for landlords, lenders and investors. This consultation seeks views on the secondary legislation and further policy to support the new tenancy. The policy proposals outlined in this document are complimentary to the provisions in the 2016 Act. For the consultation document, click here To respond online, click here The consultation closes on 25 December 2016.

Recovery of Capital Grant from Unregistered Bodies General Determination 2017
The consultation paper concerns the making of a new determination by the Homes and Communities Agency to recover Social Housing Assistance given to unregistered bodies only. It seeks views on a new determination to recover capital grant given to Unregistered Bodies (bodies that are not registered with the Social Housing Regulator as Registered Providers of Social Housing). Consultees are invited to comment on the proposed set of changes, which are shown in the form of a draft Determination included in the body of the consultation paper. For the consultation document, click here Directions for responding are set out in the document. The consultation closes on 30 November 2016.

HOUSING LAW ARTICLES & PUBLICATIONS

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2016] November 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

Is crowdfunding the new way of financing judicial reviews? Isabel McArdle and Michael Deacon [2016] Solicitors Journal 8 November. To read this article, click here

With and without foundation – Bedroom tax in Supreme Court Giles Peaker [2016] Nearly Legal 9 November. To read this article, click here

Supreme Court finds DWP acted unlawfully in two 'bedroom tax' cases [2016] Local Government Lawyer 9 November. To read this article, click here

The bedroom tax supreme court rulings: what happened and what does it mean? Patrick Butler [2016] Guardian 9 November. To read this article, click here

Government’s ‘bedroom’ tax unlawful Matthew Rogers [2016] Solicitors Journal 9 November. To read this article, click here

The bedroom tax: court case should prompt government to scrap policy Heather Spurr [2016] Shelter Blog 9 November. To read this article, click here

London boroughs prepare for impacts of lowered benefit cap Dave Hill [2016] Guardian 10 November. To read this article, click here

The fight goes on to free more families from the bedroom tax nightmare Dawn Foster [2016] Guardian 11 November. To read this article, click here

Accelerating change in housing: what does the future look like? Jon Marshall [2016] Chartered Institute of Housing 14 November. To read this article, click here

How innovative legal help is supporting destitute migrants Addison Barnett [2016] Homelessness Link 14 November. To read this article, click here

Homelessness Reduction Bill: what is homelessness? Deborah Garvie [2016] Shelter Blog 14 November. To read this article, click here

How many shared ownership homes are there and who's buying them?
Dawn Foster [2016] Guardian 15 November. To read this article, click here

THE HOUSING LAW DIARY

18 November 2016        
Committee stage Renters’ Rights Bill (see Housing Laws in the Pipeline)

23 November 2016        
Deadline for registration by residential landlords in Wales

30 November 2016        
Consultation closes on Recovery of Capital Grant from Unregistered Bodies General Determination 2017 (see Housing Law Consultations)


13 December 2016        
Consultation closes on houses in multiple occupation and residential property licensing (see Housing Law Consultations)

RECRUITMENT


Featured Job of the Week

Head of Law and Governance
The Royal Borough of Windsor and Maidenhead
(Ref: CP0120-1611)

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Service Charge Manager
Hammersmith & Fulham London Borough Council
Ref. No. 2087
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Housing & Homelessness Assessment Officer
Royal Borough of Kensington & Chelsea
Ref. No. 2086
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Housing Services Apprentice
St Albans City & District Council
Ref: HS.C17
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Three Rivers District Council
Housing Options Officer
(16 hours per week, part time)
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Derventio Housing Trust
Intensive Housing Officer (Derby)
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Property Compliance Surveyor
Hammersmith & Fulham London Borough Council
Ref. No. 2078
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Supported Housing Officer
Centrepoint
Ref. NOV20161078
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Homelessness Prevention Officer
Epping Forest DC
(Post Ref: COT13)
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Housing Officer (Management)
Epping Forest DC
(Post Ref: CNO09)
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