HOUSING LAW NEWS & POLICY ISSUES

Homelessness
An expert panel of council members, lawyers and housing experts, convened by Crisis, has published its final proposals for a new English law requiring councils to prevent more people from becoming homeless. To read the report, click here To hear BBC Radio 4’s Today programme’s coverage of the issue, click here (the report is at about 8.40).

Allocations
As reported in ‘New Housing Cases’ last week, the High Court held in R (H and others) v Ealing LBC [2016] EWHC 841 (Admin) that a scheme under which the defendant council removed 20% of available lettings from the general pool and reserved them for working households and ‘model tenants’ was discriminatory and unlawful. For a commentary on the case in Local Government Lawyer, click here

Housing benefit
The Department for Work and Pensions has published HB Bulletin G4/2016. To read the Bulletin, click here

Housing lawyers
The Legal Aid Agency has published an updated list of legal aid providers by category of law, including housing law. To access the list, click here

Electricity safety checks
The House of Lords has voted for an amendment to the Housing and Planning Bill which would require landlords to have electricians carry out safety checks before letting properties. For progress of the Bill, click here (and below under ‘Housing Laws in the Pipeline’) For more details of the Lords’ amendment, click here

Homelessness – Northern Ireland
On 14 April 2016  the Chartered Institute of Housing (CIH) Northern Ireland published its Agenda for Change in advance of the Northern Ireland Assembly elections. According to housing professionals locally, housing and homelessness needs to be a higher priority for the new government. Nicola McCrudden, CIH director for Northern Ireland, said: “CIH members have a clear message for Stormont – our housing system is in need of urgent repair and must be a higher priority in the new programme for government.” For more details, click here

Private sector rents – Wales
The Welsh Government has published Private sector rents for Wales, 2015. The annual report’s findings include that during 2015 the lowest median private rental price recorded for properties across Wales was £303.33 per month for a non self-contained single room or bedsit. The highest median private rental price was £750 per month for larger four bedroom properties including houses, bungalows and flats. To read the report, click here

Housing supply
Redbridge Council is proposing to tackle the lack of affordable housing in the borough by buying properties requiring repairs. The properties will be bought on the open market and brought up to decent home standards. They will be purchased by using Right To Buy (RTB) receipts to provide 30 per cent of the funds, which is in-line with Government policy.  The other 70 per cent will be funded through the Housing Revenue Account. The RTB receipts will need to be spent before they expire in December 2016. For the council’s announcement, click here

Housing supply – Wales
The Welsh Government has published dwelling stock estimates for the twelve months to 31 March 2015. According to the report, at 31 March 2015 there were an estimated 1.4 million dwellings which represents an increase of 10.3 per cent since 2000-01. The estimated number of private sector dwellings has increased steadily over the last ten years, mainly due to an increase in the number of privately rented dwellings which accounted for 15 per cent of all dwellings at 31 March 2015. For the report, click here

Social housing investment
The European Investment Bank has agreed to provide £1 billion for new social housing investment across the UK in partnership with the Housing Finance Corporation. The expanded Affordable Housing Finance programme is intended to help alleviate shortages in affordable housing and accelerate construction of new build social housing. To read the EIB’s press release, 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 completed its Report stage on 25 April 2016 and has its Third Reading on 27 April 2016. For a copy of the Bill as amended on Report,  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 had its Third Reading on 12 April 2016. The Bill will return to the House of Commons as part of the ‘ping pong’ procedure. For the House of Lords’ amendments to the Bill, click here  For Commons’ reasons and amendments in lieu, click here For a House of Commons Library briefing paper explaining the amendments made in the House of Lords, 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) Act 2016
This Government Bill received Royal Assent on 22 April 2016. For a copy of the Bill as passed, 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

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 and is awaiting Royal Assent. 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 is due to resume on 13 May 2016 but the Bill is not likely to 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 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

Winterstein and Others v. France (no. 27013/07)
The European Court of Human Rights will rule on the question of just satisfaction in a judgment which will be published on the ECHR website on 28 April 2016.  The case concerns eviction proceedings brought in France against a number of traveller families who had been living in the same place for many years.  Eviction orders were made by the French courts on pain of penalties for non-compliance.  The families assert that the eviction order breached Article 8 of the ECHR, violating their right to respect for their private and family life.

In a judgment of 17 October 2013 on the merits, the Court found that there had been a breach of Article 8 in respect of all of the applicants in so far as they had not had the benefit of an examination of the proportionality of the interference.  Furthermore, in relation to those applicants who had applied for relocation on family plots there had been a breach of their Article 8 rights by virtue of the failure to give sufficient consideration to their needs. The Court concluded that the issue of just satisfaction (Article 41) should be postponed to a later date.  For the 2013  judgment dealing with the merits click here For the Practice Direction on Just Satisfaction claims click here

The text of the just satisfaction ruling will be available at 10 a.m. (local time) on 28 April on the ECHR website at www.echr.coe.int )

The Mayor’s Office for Policing and Crime (Appellant) v Mitsui Sumitomo Insurance Co (Europe) Ltd and others (Respondents) [2016] UKSC 18
On appeal from [2014] EWCA Civ 682
The Supreme Court has delivered its judgment in this appeal which concerned the question of liability for consequential loss (including loss of rent and lost profits) sustained, as a result of rioting in London when a warehouse and the stock and plant within it were destroyed.  Lord Hodge (with whom all of the Supreme Court Justices agreed) concluded that section 2 of the Riot (Damages) Act 1886, sets out “a self-contained statutory compensation scheme which does not extend to cover consequential losses.” For the Supreme Court’s Press Summary (which does not form part of the reasons for the judgment) click here  For the full text of the judgment click here

Gas Safety Prosecution: Suspended Sentence, Electronic Tag and Curfew for Non-compliant Landlord
Despite repeated warnings an Accrington landlord failed to arrange for mandatory annual gas appliance checks and even failed to comply with an improvement notice.  The landlord was convicted of single breaches of Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998 and section 33(1)(g) the Health and Safety at Work Act 1974.  Several of his properties were classified as “at risk” or “immediately dangerous.” The landlord was sentenced to 6 months’ imprisonment suspended for 12 months, for the first three months of which he will be electronically tagged and subject to a curfew between 7pm and 7am.  He was also ordered to pay £20,000 towards the Health & Safety Executive’s costs. For the full report click here

Unlawful Eviction Attempts Result in Prosecution
A managing agent who had failed to issue a tenancy agreement and failed to give the tenants adequate notice to vacate and who attempted to force tenants to leave by attempting to change the locks, filling the stopcock chamber with cement in order to stop the supply of water has been convicted and sentenced at Luton Crown Court.  The prosecution followed an investigation by Central Bedfordshire Council’s Housing Solutions and Trading Standards teams. The Defendant pleaded guilty to offences under the Protection from Eviction Act 1977 and the Consumer Protection from Unfair Trading Regulations 2008 and was sentenced to an 8 month suspended prison sentence, ordered to undertake 100 hours of unpaid community service and a three month curfew running from 9pm to 7am each day. For the Council’s report click here

Company Director Disqualification and Suspended Prison Sentence for Businessman who Misled Landlord
A businessman who misled a landlord by assuring him that he was qualified and authorised to carry out gas inspection safety checks at the landlord’s tenanted properties and who certified the gas safety certificate with a Gas Safety Register number belonging to another company has been prosecuted by the Health & Safety Executive.  In addition to a sentence of imprisonment of eight months suspended for one year the Defendant was ordered to complete 180 hours of community work (unpaid) and costs of £4000.  Notably, he was also disqualified from acting as a company director for three years. For the Health & Safety Executive’s press release 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.

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

Affordable homes
The Communities Policy Commission, which leads the Labour Party’s policy development on local government, has launched a consultation entitled Housing: How can we increase the number of affordable homes to rent and buy? The Commission seeks the views of Labour members and affiliates, businesses and other organisations, and the wider public on this issue. The consultation ends on 8 June 2016. For the consultation document, click here

HOUSING LAW ARTICLES & PUBLICATIONS

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

Misc on taxes – council and bedroom Giles Peaker [2016] Nearly Legal 19 April. To read this article, click here

New research shows the impact of welfare reforms on social tenants Gerald Koessl [2016] National Housing Federation 19 April. To read this article, click here

Rate-your-landlord or more prefabs? Four visions for the future of housing Dawn Foster [2016] The Guardian 20 April. To read this article, click here

Half the staff, but double the work: why housing workers are taking industrial action Paul Kershaw [2016] The Guardian 21 April. To read this article, click here

This Woman Could Go Blind Because Of Poor Housing Conditions Patrick Smith [2016] BuzzFeed News 21 April. To read this article, click here

Housing associations and judicial review Jon Holbrook [2016 Local Government Lawyer 21 April. To read the article, click here

Cuts mean families are packages in a cross-country pass the parcel Dawn Foster [2016] The Guardian 22 April. To read this article, click here

More rent than pay a mortgage: the Tory dream for London has crashed and burned Aditya Chakrabortty [2016] The Guardian 26 April. To read this article, click here

THE HOUSING LAW DIARY

6 May 2016        
Closure of consultation on Warm Home Discount Scheme (see Housing Law Consultations)

13 May 2016        
Third Reading of Homes (Fit for Human Habitation) Bill

19 May 2016        
Closure of consultation on McKenzie Friends in the courts

RECRUITMENT

South Gloucestershire Council

Job Title – Housing Officer

Summary of Post

Under the general supervision of the Housing Access Team Manager, you will be responsible for procuring and managing quality private sector accommodation provided for people who are homeless or threatened with homelessness through the Council’s private sector access schemes. You will be responsible for managing all agreements with landlords for the use of their accommodation, including leasing schemes, property management agreements or tenant introduction. You will be supporting tenants to sustain their tenancies.
This includes accommodation let as temporary accommodation, accommodation let for homelessness prevention and offers made to homeless households for discharge of duties or for the provision of supported housing for adults with disabilities.
You will be liaising with landlords and tenants on a daily basis in all aspects of housing and tenancy management.

Main Duties

Under the guidance of the line manager, the post holder will be responsible for all housing management responsibilities for properties within their case load and ensuring that the tenant fulfils the terms of their occupancy, including arrears control, assessing repair and maintenance reports, arranging for these to be done, recharging tenants where appropriate, and supporting the tenant in doing so and taking enforcement action when necessary.
The post holder is expected to operate within Policy & Legislative guidelines and on their own initiative. The Housing Access Team Manager will provide day-to-day advice for complex cases.
The post-holder will deliver a high quality service to landlords, fulfilling the terms of any agreements to lease or manage their properties, assessing and settling claims and negotiating disputes. S/he will arrange for repairs and maintenance, and manage any financial arrangements in relation to tenancies and the use of the landlord’s property. 

The post holder will sometimes be providing services to customers with support needs who are experiencing stress as a result of their housing situation and who may exhibit angry and challenging behaviour. The post holder is expected to deliver services in these circumstances and to ensure that the customer is able to receive an appropriate response to enable them to sustain their tenancies.

Selection Criteria

To enable us to shortlist in a fair and unbiased way it is absolutely vital that you provide us with sufficient information to demonstrate how you meet or exceed the criteria outlined in the vacancy description.  Please include this information in the knowledge, skills and experience section of the application form.

Essential
  
You will hold a relevant qualification e.g. minimum of NVQ 3, 2 A levels or equivalent qualification or equivalent relevant experience in a housing, homelessness or housing management environment. 

Demonstrate a working understanding of housing management practices, and good experience of delivering housing services to vulnerable people and minority groups.

Demonstrate knowledge of landlord and tenant responsibilities and undertaking enforcement action, including legal processes.

Demonstrate that you are able to manage your own workload, make decisions within your level of responsibility and resolve most issues with tenants and landlords, and landlord claims.

An ability to give clear information to customers and landlords and record information accurately.
Proven experience of dealing with customers, landlord and other partners, including statutory/voluntary bodies, and other officers at different levels to negotiate and influence outcomes for customers
Proven track record of team work and making a positive contribution
An ability to carry out financial assessments related to managing properties, manage rent accounts and maintain payments to landlords, and use the Councils IT skills to do so.
Includes using databases, Microsoft office, the internet and electronic mailing.

Additional Information

For further information after reading the job summary, please contact Kim Mylchreest 01454 865495 or via email Kim.Mylchreest@southglos.gov.uk,

Salary:   £23,698 - £26,293                              
Hours: 37
Closing Date: 9 May 2016      
Vacancy Ref:    SGC0424       

Community Care & Housing Solicitor / Caseworker
 
South West London Law Centres

South West London Law Centres (SWLLC), one of the largest and most progressive Law Centres in the country, is seeking a Community Care and Housing Solicitor/Caseworker to be based in our Wandsworth Branch with some outreach in our other offices. 

We are looking to expand our capacity to undertake community care casework and there is considerable demand for housing work. There are currently 11 solicitors in the housing team and one trainee. One of the solicitors also undertakes community care casework.  We run a wide range of housing and community care cases covered by Legal Aid including a significant amount of representation work as part of the housing court duty schemes. We are considering looking further at a range of fixed fees and conditional fee agreements for areas that have now gone out of the scope of Legal Aid.

We want to expand our team and are willing to consider applicants at the start of their career as well as those with significant experience. 

Salary:            Up to £33,510 p.a. (NJC Scale 35 including Inner London) depending on experience

Reports to:    Team Leader

Term:              Permanent

Based at:        Wandsworth with duty at courts in Kingston, Wandsworth and Croydon

Closing date: 12pm, Tuesday 24th May 2016 with interviews soon after.

The post is available for an immediate start. If you would like to discuss the post further, please email recruitment@swllc.org. Applications should be made on our application form available here. You can download the application pack here and the application form 

Housing Solicitor (Hammersmith & Fulham Law Centre)

Salary: £30-£32,000 per annum
Working hours: 35 per week
Benefits include 30 days annual leave, the possibility of flexible working and significant opportunities for learning and development.
We have a 36 year history of providing an excellent service to the local community.
We have Housing and Immigration/Asylum contracts with the LAA and grant funding to cover out of scope work.

We require a solicitor/caseworker for our Housing team. At least 2 years’ experience of Housing law is required.

The successful candidate will conduct the housing and debt matter starts we have been allocated, be proactive in commencing and conducting certificated cases for clients and will participate in the court duty scheme, again looking to maximise certificated work from those cases.

Hammersmith & Fulham Law Centre is an equal opportunities employer and encourages applications from all candidates who meet the person specification regardless of age, religion, gender, sexual orientation, disability or race.

For an application pack email: hflaw@hflaw.org.uk

Closing date: 29 April 2016