24th February 2016
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HOUSING LAW NEWS & POLICY ISSUES
Housing survey: England
The DCLG has published the English Housing Survey for 2014-15. The findings include that in 2014-15, 19% (4.3 million) of households were renting privately, while 17% (3.9 million) of households lived in the social rented sector. There was no change in the size of either sector between 2013-14 and 2014-15. The overall proportion of social tenants who expected to buy their current home increased from 35% in 2010-11 to 42% in 2014-15. There was a decline in the proportion of private renters who expected to buy (from 61% to 57%). For the headline report, click here For the ministerial statement in respect of it, click here For comment by CIH, click here

Letting to migrants (1)
On 12 February 2016 the DCLG published a further updated version of its Code of Practice for landlords, homeowners and letting agents affected by the introduction of right to rent immigration checks. The list of ‘acceptable professional persons’ in Annex A has been amended. For the Code of Practice, click here

Letting to migrants (2)
The Residential Landlords Association has highlighted a recent case (in a non-housing context) in which Ryanair appealed successfully against fines imposed by the Home Office for carrying illegal immigrants into the UK. The judge said that the airline’s staff could not be expected to spot cleverly forged passports that even trained immigration officers found hard to detect. For the RLA news item, click here

Housing market (1)
The House of Commons Library has published a research briefing on the key economic indicators relating to the housing market, including: data on house prices, mortgage approvals and house-building. For the briefing, click here

Housing market (2)
On 17 February 2016 the Local Government Association released analysis, commissioned from Savills, which states that discounted starter homes will be out of reach for all people in need of affordable housing in 220 council areas (67 per cent) and are out of reach for more than 90 per cent of people in need of affordable housing in a further 80 (25 per cent) council areas. People in need of affordable housing are defined as those who would have to spend more than 30 per cent of their household income to rent or buy a home. For the LGA press release, click here

Housing benefit
On 17 February 2016 the DWP published statistics recording the number of people beginning and ending Housing Benefit claims from November 2008 to November 2015. They also include a breakdown by local authority. For the data, click here

‘Spare room subsidy’
On 19 February the House of Commons Library published a briefing paper summarising some key findings arising from research into the impact of the under-occupation deduction from housing benefit (also referred to as the 'Removal of the Spare Room Subsidy' or 'bedroom tax'). For the briefing paper, click here

Sheltered accommodation – fire risk
The Chief Fire Officers Association is calling for closer collaboration with environmental health officers to stem a five-year increase in fires in sheltered accommodation housing the elderly vulnerable. For more details, click here

Housing associations
On 17 February 2016 the Homes and Communities Agency published Global Accounts for 2015 demonstrating, the HCA said, that ‘the sector delivered a solid year of balance sheet growth, underpinned by a strong financial operating performance. The value of housing properties increased by £7.1 billion, to £138 billion. Debt increased by £4.1 billion. A surplus of £3.0 billion was recorded in the year. For the HCA announcement, click here For the Global Accounts, click here

Housing policy – London
The think tank Policy Exchange has published a report – The Homes London Needs – in three parts. The report suggests that 50,000 new homes need to be built every year in order to accommodate London's growing population and address the current housing shortage. To access the various parts of the report, click here

Empty homes – Bristol
Bristol City Council has published a report – Improving the Private Rented Sector and Empty Properties – summarising the work being undertaken by the council to tackle conditions in the private rented sector to ensure that standards are improved in this rapidly growing area and also the actions that the council is taking to bring empty private properties back into use for housing. At any one point there are about 900 homes which have been unoccupied for at least six months. For the report, click here

Empty homes – London
The Guardian reports that a Freedom of Information request, to which 31 of the 33 London boroughs responded, has revealed that there are more than 22,000 London homes which have been left empty by their owners for more than six months. For the report, click here

Anti-social behaviour
The Housing Act 1985 (Amendment of Schedule 2A) (Serious Offences) (Wales) Order 2016, art 2 amends Schedule 2A to the Housing Act 1985. Schedule 2A lists the serious offences relating to the absolute grounds for possession for anti-social behaviour provided for by section 84A of the Housing Act 1985 (secure tenancies), and ground 7A of Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies). Sections 1 and 2 of the Modern Slavery Act 2015 introduce offences relating to slavery, servitude and forced or compulsory labour, and human trafficking respectively. This Order adds these offences to Schedule 2A to the Housing Act 1985. The order came into force on 16 February 2016. To access the order, click here

Social housing allocation – Government White Paper
On 22 February 2016 the Government published its White Paper in accordance with section 6 of the European Union Referendum Act 2015: The best of both worlds: the United Kingdom’s special status in a reformed European Union. Para 2.97 states: ‘[W]e will deliver changes to the allocation of social housing. Our statutory guidance already makes clear local authorities in England should require a person to live in a local area for at least two years before they are considered for social housing. This is aimed at ensuring sufficient affordable housing is available for those amongst the local population who are on low incomes or otherwise disadvantaged and who would find it particularly difficult to find a home on the open market.52 We will extend this period to 4 years.’ To read the White Paper, click here

Tenants with learning disabilities
The report by Sir Stephen Bubb – Winterbourne View: Time for Change – recommends (at recommendation 4): ‘The Government should look at ways to protect an individual’s home tenancy when they are admitted to hospital, so that people do not lose their homes on admission and end up needing to find new suitable accommodation to enable discharge.’ The report also recommends the appointment of a Learning Disabilities Commissioner akin to the Children’s Commissioners for England and Wales. For the report, click here
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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 entered Committee on 9 February 2016. For a copy of the Bill as presented in the Lords, 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

Welfare Reform and Work Bill
This UK Government Bill makes provision about: the benefit cap; social security and tax credits; loans for mortgage interest; and social housing rents. It has completed all its House of Commons stages and has progressed through the House of Lords. The third reading took place on 9 February 2016. The amendments made to the Bill in the House of Lords were considered by the Commons under the ‘ping pong’ procedure on 23 February 2016. The Commons accepted certain of the amendments but rejected others. Reasons are being given to the Lords for those rejected. For the Lords amendments to the Bill, click here For the Bill, as amended on Report, click here For the Explanatory Notes for that version of the Bill, click here To follow the progress of the Bill, click here. For the documents relating to the Bill (including several impact assessments), click here For a House of Commons Library briefing published in advance of the Commons’ consideration of the Lords’ amendments, 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 and has entered Committee. For minutes of proceedings of Committee on 9 February, click here For a copy of the Bill as amended in Committee, click here For the Explanatory Notes for the Bill as it entered the Lords, click here For the official Impact Assessment, 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 The Bill completed Stage 1 on 22 January 2016. For a report on the debate, click here Committee consideration of the Bill at Stage 2 will take place over February 2016, with the Stage 3 Debate expected to take place mid-March 2016. For the Bill as amended at Stage2, click here For the evidence submitted to that Committee by the Chartered Institute of Housing (Scotland), 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 is now scheduled for the Final Stage on 23 February. 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. For a copy of the Bill, click here For the explanatory memorandum, click here To follow the progress of the Bill, click here A Second Stage debate took place in the Assembly on 7 December 2015. For the record of that debate, click here The Bill has completed the Committee Stage. For a report of the Committee, click here For an executive summary of the report, click here The Consideration Stage is scheduled for 23 February. For a marshalled list of amendments, click here For a grouping list of amendments, 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 is again listed for a Second Reading, now scheduled for 11 March 2016. 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, 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. 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 has been re-scheduled (again) for 26 February 2016. 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

Nottingham City Council v Dominic Parr and Trevor Parr Associates Ltd [2016] UKUT 0071 (LC)
The Respondent Landlords succeeded in their appeal to the First-tier Tribunal (Property Chamber), seeking the removal of a prohibition on their HMO licences in respect of the use of attic bedrooms at two properties, as sleeping accommodation. The First-tier Tribunal allowed the appeals and deleted the conditions. The Council’s appeal was heard by Martin Rodger QC, Deputy President of the Upper Tribunal (Lands Chamber) who rejected the submission that the Housing Act 2004 requires that an HMO must be capable of occupation by all potential occupiers. He also held that the restriction in the use of the bedroom to a period of 10 months of the year was not unlawful. Both appeals were dismissed and the Council was directed to grant the licence on the conditions previously approved by the First-tier Tribunal but including an additional condition in respect of one of the properties that: “…the second floor front bedroom may only be used for sleeping accommodation by a person engaged in full-time education and who resides in the dwelling for a maximum period of 10 calendar months over a period of one year.” For the full judgment click here

Fresca-Judd v Golovina [2016] EWHC (QBD) 5 February 2016
Mrs Golovina rented a country cottage from Mrs Fresca-Judd on a 18 month tenancy. During a period when Mrs Golovina was not staying at the property a water pipe burst causing extensive damage. The landlord’s insurers settled the claim but sought to recover £128,000 from the tenant, asserting that she had breached the tenancy agreement by turning off the heating. The tenancy agreement contained an obligation upon the landlord to insure the property against certain specified risks and these included water damage. Mr Justice Holgate dismissed the claim, concluding that it had not been established that the tenant had omitted to turn on the heating, it being possible that there may have been a fault with the heating system. Furthermore, the insurance policy was for the benefit of both the landlord and the tenant so that the principle of subrogation whereby an insurer is subrogated to the position of the insured did not apply. For media coverage click here and for a commentary on the case click here

Abandonment of Refuse Offence
Manchester City Council report that a Manchester resident who after having been served with an order to remove refuse from his property, threw the rubbish into a neighbour’s garden and then refused to accept a fixed penalty notice, failed to attend for an interview under caution and failed to attend court has been convicted in his absence of the offence of Abandonment of Refuse. He was fined £770 with costs of £1,044 and a £77 victim of crime surcharge. For details click here

Right to Buy Fraud Conviction
Central Bedfordshire Council report that a tenant who purchased her council home under the Right to Buy scheme has been prosecuted and forced to hand the property back after admitting to illegally subletting the property and to one charge of fraud. She was sentenced to ten months’ imprisonment, suspended for one year and ordered to pay costs of over £2,500. For the Council’s report click here

Closure Order
Wrexham Council has utilised powers under the Anti-Social Behaviour Crime and Policing Act 2014 to issue a closure order in respect of a flat where there had been persistent anti-social behaviour. This is the first closure order the Council has issued and the order prohibits anyone entering the flat for a period of three months. For further details click here

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HOUSING LAW ARTICLES & PUBLICATIONS

Tens of thousands of London homes deemed 'long-term vacant' David Pegg [2016] Guardian 21 February. To read the article, click here

The desperate councils buying back homes they were forced to sell Dawn Foster [2016] Guardian Housing Network 19 February. To read the article, click here

How many are hit by the bedroom tax? Nobody knows!!!! Joe Halewood [2016] Speye Joe 19 February. To read the article, click here

Money, money, money - councils make the world go around John Coane and Gurbinder Sangha [2016] Local Government Lawyer 18 February. To read the article, click here

Eviction is the last refuge for poor tenants Dawn Foster [2016] Guardian 18 February. To read the article, click here

Landlords holding over £500m in deposits an ‘isolated view’ of the problem [2016] Solicitors Journal 17 February. To read the article, click here

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

Young renters have it hard, but it’s even worse if you’re older Penny Anderson [2016] Guardian 16 February. To read the article, click here

Our support for vulnerable tenants will be destroyed by this benefits cap Tony Stacey [2016] Guardian 16 February. To read the article, click here

THE HOUSING LAW DIARY

26 February 2016           
Adjourned Commons Second Reading of the Crown Tenancies Bill (see Housing Laws in the Pipeline above)

11 March 2016           
Adjourned Commons Second Reading of the Homes (Fit for Human Habitation) Bill (see Housing Laws in the Pipeline above)

RECRUITMENT

Housing /Civil Solicitor Vacancy
Mayflowers Solicitors

Mayflowers Solicitors are looking for a self-motivated Housing/Civil solicitor (0 - 5 years PQE) interested in taking on a lead role in the challenge of building a sustainable legal practice with us. You should have a working knowledge and experience of Housing Law.
Ideally, you should be able to demonstrate experience of general Civil Work, in particular, Litigation. There is the possibility for future progression in alternative practice areas, including Employment law and Commercial law.

Closing Date: Friday 4 March 2016

Further details click here

 
 
 

Housing Law Caseworker Vacancy

Sternberg Reed is a well established Lexcel Accredited law firm with offices in Essex and London A vacancy has arisen for a Caseworker to join our Housing Law Department to support and assist the fee earners in the preparation and conduct of cases. The role will include undertaking administrative tasks.

This position will be based in our Barking office but the successful candidate may be expected to work from any of our other offices as and when required

The job would offer excellent experience of working in a busy legal practice for a Paralegal or Law Graduate who has passed the LPC and has a keen interest in making a career in this area of law.

The successful candidate will have the following attributes:

  • Previous experience of working in Housing Law
  • Solid IT, drafting and research skills
  • Excellent communication & presentation skills - over the telephone and in person
  • Good time management
  • Ability to handle an extensive and varied workload
  • Ability to work under pressure and to tight deadlines

Please apply to: julie.young@sternberg-reed.co.uk with your CV and a covering letter stating why you are interested in this role and how your experience and skills match the requirements for this role.

We are an Equal Opportunities Employer

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