HOUSING LAW NEWS & POLICY ISSUES

Domestic abuse – Improving access to social housing for victims
On 30 October 2017 the DCLG published proposed new guidance to ensure victims of domestic abuse can easily access safe, long-term accommodation. The guidance, which is subject to a 10-week consultation, makes it clear that local authorities should treat victims of domestic abuse, currently in safe accommodation such as a refuge, as a priority for social housing. It also makes clear that those victims who have fled to refuges in other parts of the country should not be disadvantaged in accessing social housing. For the DCLG announcement, click here For details of the consultation, see Housing Law Consultations below.

Funding for supported housing
On 31 October 2017 the DCLG published its response to the Communities and Local Government and Work and Pensions Select Committees joint report on the future of supported housing, launched two consultation documents and outlined (what it termed) ‘a tailored approach to protect and encourage the supply of a wide range of supported housing’. The government said that all long-term housing will remain in the welfare system and a proposed ‘sheltered rent’ for sheltered and extra care housing will keep rent and service charge at an appropriate level, protecting the housing needs of older and vulnerable people. Local areas will take a bigger role in providing short-term and emergency housing through a ring-fenced grant to local authorities by April 2020, allowing vulnerable people to access secure accommodation ‘without worrying about meeting housing costs at a difficult point in their lives’. The grant will be underpinned by a National Statement of Expectation setting out how local authorities should plan effectively for provision in their area. For the DCLG announcement, click here For the response to the Select Committees’ report, click here For the consultation documents, see Housing Law Consultations.

Local Housing Allowance cap and supported housing
On 25 October 2017 the Chairs of the House of Commons Work and Pensions and Communities and Local Government Committees welcomed Theresa May’s announcement during Prime Minister's Questions that the Government will not apply the Local Housing Allowance cap to supported housing. For the Committees' joint report on the future of supported housing, published in May 2017, click here For the Hansard record of a House of Commons debate on the subject, held on 25 October 2017, click here For The Guardian’s report of the Prime Minister’s announcement, click here

Universal Credit – Select Committee report
On 26 October 2017 the House of Commons Work and Pensions Committee published a report on Universal Credit which concluded that no proper justification had been offered for the minimum six week wait linked to problem debt, foodbank use and rent arrears. The committee said that the government should aim to cut the ‘baked-in’ six week wait for the first payment of Universal Credit to a month, as this is a major obstacle blocking the potential success of the policy. For the report and summary, click here

Universal Credit and rent arrears
On 27 October 2017 the House of Commons Work and Pensions Committee published evidence from Halton Housing Trust as to the effect on rent arrears of the rollout of Full Service Universal Credit. The Trust said that just 18 per cent of its tenants owe 55 per cent of all its arrears. Over the last 12 months the number of referrals the Trust has made to local food banks has more than doubled. For more details, click here

Universal Credit: Landlord request form for a managed payment or rent arrears deduction
On 25 October 2017 the Department for Work and Pensions added a link to the online service to request a managed payment or rent arrears deduction from a tenant’s Universal Credit. To access the facility, click here

Assessing housing need
On 23 October 2017 the House of Commons Communities and Local Government Committee examined the proposed changes to the way in which the need for new homes is calculated for each local authority in a one-off evidence session with the Housing Minister, Alok Sharma. For details and to view the session, click here

Rent Regulation and Assured Tenancies (Forms) (Scotland) Regulations 2017
These Regulations, which come into force on 1 December 2017, set out the forms to be used for certain purposes of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 and for the purposes of proceedings before the First-tier Tribunal for Scotland Housing and Property Chamber. Amongst other forms, Form 6 and the form of rent book are required in relation to the Rent (Scotland) Act 1984 and are used respectively, as a notice requiring a landlord or tenant to supply information to the Tribunal and the rent book required under section 79(1) of that Act. For the regulations, click here

Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No 3, Amendment, Saving Provision and Revocation) Regulations 2017
These Regulations bring into force certain provisions of the Private Housing (Tenancies) (Scotland) Act 2016. Regulation 2(1) and the schedule bring into force, on 1 December 2017, sections 1 to 6, 9 and 10, 13 to 16, 18 to 21, 23, 25 to 33, 34(1), 35 to 42, 44 to 60 and 63 to 75 of the 2016 Act. Sections 7, 17, 22, 24, 43, 61 and 62 are commenced insofar as not already in force. Schedules 1, 3 and 5 are commenced. Schedule 4 is commenced under exception of paragraph 5. Paragraph 5 is not being commenced as it is a consequential amendment to section 130B of the Social Security Contributions and Benefits Act 1992 (which ceased to have effect on 1st April 2013) which is not required. Regulations 3 and 4 make amendments to section 3B(1)(a) of the Rent (Scotland) Act 1984 and sections 12(1A) and 31A(1)(a) of the Housing (Scotland) Act 1988 consequent upon section 1 of the 2016 Act coming into force on 1 December 2017. There are also saving provisions and a revocation of the No 2 Commencement Order. For No 3 Commencement Order, click here For the 2016 Act, click here

Help to Buy – Wales: Shared Equity Loan Scheme
On 26 October 2017 the Welsh Government published data on the number of homes purchased and the value of the loans received under this scheme. Between 1 July to 30 September 2017, 357 property purchases were completed using a Welsh Government shared equity loan. This brings the total number of purchases under Help to Buy Wales since its introduction on 2 January 2014 to 5,838. At 30 September 2017 there were 840 applications for loans still outstanding. Between 1 July and 30 September 2017, the total value of these equity loans was £13.9 million, with the value of the properties purchased totalling £70.1 million. The majority of homes purchased through the scheme during that period were to first time buyers, accounting for 72 per cent of all completions. For the data, click here

Housing Benefit – speed of processing
On 25 October 2017 the Department for Work and Pensions published data showing that the average time taken to process a new Housing Benefit claim between April and June 2017 was 23 calendar days. This is one day lower than in the same quarter of 2016/17. The average time taken to process a change of circumstance on an existing Housing Benefit claim during that period was eight calendar days. This is the same as in the same quarter of 2016/17. For the data, click here

Local Authority Homelessness Statistics – England
On 27 October 2017 the House of Commons Library published a tool enabling the user to view collected homelessness statistics for individual local authorities in England. For details, click here

Affordable housing – London
On 30 October 2017 the Mayor of London, Sadiq Khan, released new figures which indicate that London needs to build every year 66,000 new homes, of which 65 per cent would need to be affordable, in order to meet the capital’s growing need. The Mayor is calling on the government to commit to profoundly boosting the funding and powers available to London at the Budget on 22 November in order to meet this need. For further details, click here

Homes and Communities Agency – Fees Statement
On 30 October 2017 the Homes and Communities Agency published a Fees Statement and held its first Fees and Resources Advisory Panel as part of its commitment to be open and transparent with the social housing sector. The Fees Statement outlines the regulatory priorities for 2018 to 2019, the associated budget breakdown and the fee per social housing unit. It also sets out background information on the regulator’s role, its approach to regulation and the measures it will apply to its work. For more information, click here

Grenfell Tower – neighbouring residents
On 30 October 2017 The Guardian reported that “residents of three blocks next to Grenfell Tower who are living in temporary accommodation fear that they will be forced to return when the estate is refurbished even though many have traumatic memories of the deadly fire”. Their concern is that new council rehousing guidelines mean that they could face less secure tenancy terms if they chose to move elsewhere. For the report, click here

HOUSING LAWS IN THE PIPELINE

Local Housing Authority Debt Bill
This Bill, which had its first reading in the House of Lords on 4 July 2017, seeks to replace the current regime of limits on local housing authorities’ debt with limits determined by the existing prudential regime for local authority borrowing for non-housing-related purposes. The second reading is yet to be scheduled. For the Bill as introduced, click here To follow progress of the Bill, click here

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill seeks to abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolish the preserved right of eligible former secure tenants to buy their home at a discount under section 171A of the Housing Act 1985 (Preserved Right to Buy); abolish the right of eligible assured or secure tenants of a registered social landlord or private registered provider to acquire their home at a discount under section 16 of the Housing Act 1996 (Right to Acquire); and encourage social landlords to build or acquire new homes for rent, the Right to Buy, Preserved Right to Buy and Right to Acquire will not be exercisable by tenants who move into new social housing stock more than two months after the Bill receives Royal Assent, subject to certain exceptions. The Bill completed Stage 2 on 5 October 2017. Stage 3 commenced on 6 October 2017. Stage 3 consideration will take place in Plenary on 14 November 2017 to consider amendments to the Bill (as amended at Stage 2). The Finance Committee laid its report in respect of the Bill on 28 June 2017. The Equality, Local Government and Communities Committee has undertaken an inquiry into the general principles of the Bill and laid its report on 7 July 2017. The Constitutional and Legislative Affairs Committee laid its report in respect of the Bill also on 7 July 2017. For progress of the Bill (including the committees’ scrutiny), the text of the Bill itself and explanatory memorandum, together with proceedings and reports of the various committees, click here and scroll down.

Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill
This is a Private Member’s Bill introduced in the House of Commons by Karen Buck. The Bill aims to 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; to amend the Building Act 1984 to make provision about the liability for works on residential accommodation that do not comply with Building Regulations; and for connected purposes. The Bill is being prepared for publication. The second reading is due to take place on 19 January 2018. To follow progress of the Bill, click here

Homeless People (Current Accounts) Bill
This is a Private Member’s Bill introduced in the House of Commons by Peter Bone. The Bill is intended to require banks to provide current accounts for homeless people seeking work; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading is due to take place on 1 February 2019. To follow progress of the Bill, click here

Housing (Amendment) Scotland Bill
This Scottish government Bill aims to amend the law on the regulation of social landlords and to reduce the influence of local authorities over registered social landlords. It was introduced on 4 September 2017 and is at Stage 1.For the Bill as introduced, click here To follow progress of the Bill, click here

Sublet Property (Offences) Bill
This is a Private Member’s Bill introduced in the House of Commons by Christopher Chope. It is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions in respect of unauthorised sub-letting; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed and is now due to take place on 1 December 2017. To follow progress of the Bill, click here

Mobile Homes and Park Homes Bill
This is a Private Member’s Bill introduced in the House of Commons, also by Christopher Chope. It is intended to require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; to make provision in relation to the residential status of such homes; to amend the Mobile Home Acts; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading has been postponed and is due to take place on 6 July 2018. To follow progress of the Bill, click here

Affordable Home Ownership Bill
This Bill was introduced to Parliament on Tuesday 24 October 2017, also by Christopher Chope, under the Ten Minute Rule and is a Private Member’s Bill. It was said by him to make provision for affordable home ownership; to require the inclusion of rent to buy homes in the definition of affordable housing; to make provision for a minimum proportion of new affordable housing to be available on affordable rent to buy terms; to provide relief from stamp duty when an affordable rent to buy home is purchased; and for connected purposes. The Bill itself has not yet been published. It is expected to have its second reading on 3 November 2017. To follow progress of the Bill, click here

HOUSING LAW CONSULTATIONS

London Housing Strategy
The Mayor of London has published his draft Housing Strategy for London. It seeks to provide ‘a comprehensive plan to address the housing crisis over the next few years. This includes: starting to build 90,000 new affordable homes by 2021; ensuring a better deal for private renters; increasing the building of more genuinely affordable homes; supporting new housing providers including community builders; and helping tackle homelessness, with a way off the street for every rough sleeper.’ The three-month consultation ends on 7 December 2017. The strategy will be revised following the consultation period. For the consultation document, click here In order to respond on behalf of an organisation, click here

Planning for the right homes in the right places: consultation proposals
This consultation sets out a number of proposals to reform the planning system to increase the supply of new homes and increase local authority capacity to manage growth. Proposals include: a standard method for calculating local authorities’ housing need; how neighbourhood planning groups can have greater certainty on the level of housing need to plan for; a statement of common ground to improve how local authorities work together to meet housing and other needs across boundaries; making the use of viability assessments simpler, quicker and more transparent; and increased planning application fees in those areas where local planning authorities are delivering the homes their communities need. The attached ‘Housing need consultation data table’ sets out the housing need for each local planning authority using a proposed method, how many homes every place in the country is currently planning for, and, where available, how many homes they believe they need. The consultation closes on 9 November 2017. For more details, click here

Enabling Gypsies, Roma and Travellers – Wales
On 28 September 2017 the Welsh Government published a consultation document which replaces the Travelling to a Better future Framework for Action and Delivery Plan (2011).The consultation document makes proposals for Gypsies, Roma and Travellers that help, amongst other matters, to: improve social inclusion; allow access to culturally-appropriate and good quality accommodation; and reduce the incidence and impact of unauthorised encampments and homelessness. The consultation closes on 21 December 2017. For the consultation document and more information about the scope of the consultation, click here

A Fundamental Review of Social Housing Allocations – Northern Ireland
On 28 September 2017 the Department for Communities in Northern Ireland published a consultation document which sets out the Department’s proposals for changes to how social homes are allocated. The proposals are intended to produce five key outcomes: (1) a greater range of solutions to meet housing need; (2) an improved system for the most vulnerable applicants; (3) a more accurate waiting list that reflects current housing circumstances; (4) those in greatest housing need receive priority, with recognition of their time in need; and (5) better use of public resources by ensuring the list moves smoothly. The consultation closes on 21 December 2017. For the consultation documents, click here

Renting Homes (Wales) Act 2016 – Fitness for human habitation
The Renting Homes (Wales) Act 2016 (the 2016 Act) is intended to make it simpler and easier to rent a home in Wales, replacing various and complex pieces of existing legislation with one clear legal framework. The new 'occupation contracts' replace current tenancies and will make the rights and obligations of both landlord and contractholder much clearer. This includes the landlord’s duty, set out in section 91 of the 2016 Act, to ensure a dwelling is fit for human habitation (FFHH). Where a landlord rents a dwelling that is unfit, a contract-holder will be able to seek an order from the court requiring the landlord to remedy the problem. Section 94 of the Act requires the Welsh Ministers to make regulations in relation to determining whether a dwelling is FFHH. This consultation sets out and invites comments on the proposed Regulations. The consultation closes on 12 January 2018. For the consultation documents, click here

Homelessness code of guidance for local authorities
On 16 October 2017 the DCLG launched a consultation on a proposed revised homelessness code of guidance. The Government says that the Homelessness Reduction Act 2017, which will commence in April 2018, is designed significantly to reform England’s homelessness legislation by placing duties on local authorities to intervene at earlier stages to prevent homelessness in their areas. It also requires local authorities to provide homelessness assistance to all those affected, not just those who are protected under existing legislation. As part of the Act’s implementation the government is revising the existing statutory code of guidance. This will provide updated guidance to local authorities on how they should exercise their homelessness functions and apply the legislation in practice. This consultation seeks views on the proposed revised homelessness code of guidance. The consultation will close on 11 December 2017. For more details, click here

Protecting consumers in the letting and managing agent market: call for evidence
On 18 October 2017 Sajid Javid, the Secretary of State for Communities and Local Government, announced proposals to address the imbalance of power in the private rented market by regulating letting agents. This call for evidence seeks views on whether a new regulatory model is needed for agents in the leasehold sector. The DCLG wants to understand what form regulation of letting and managing agents should take to best protect and empower tenants and leaseholders. It is an evidence gathering exercise that will enable government to bring forward detailed proposals early next year. The consultation closes on 29 November 2017. For more details, click here

Improving the home buying and selling process: call for evidence
On 22 October 2017 the government said that it is committed to improving the existing home buying and selling process in order to make it cheaper, faster and less stressful. The DCLG is seeking views and suggestions for improvement from anyone who has an interest in the process. Responses to this call for evidence will help the government to formulate its future work programme of improvements. This consultation closes on 17 December 2017. For more information, click here

Proposed reduction in frequency of the Forces Help to Buy Official Statistic
This is a monthly publication that provides statistics on the number of applications and payments made under the Forces Help to Buy Scheme since its launch in April 2014. The Ministry of Defence is seeking external users’ views on reducing the frequency of publication of the official statistics. This consultation closes on 16 November 2017. For the details, click here

Future role of alternative dispute resolution in civil justice
An expert working group of the Civil Justice Council (CJC) has published a comprehensive interim report on the existing role and potential future role of ADR (alternate dispute resolution) in civil justice in England and Wales, including consideration of housing cases. The CJC is now seeking written submissions on the findings and recommendations of the report, ahead of organising a seminar at which the proposals can be discussed and a final report prepared and submitted to the government for consideration. Written submissions on the report should be submitted by 15 December 2017. For the document, click here

Improving access to social housing for victims of domestic abuse
On 30 October 2017 the DCLG launched a consultation on proposals for new statutory guidance for local authorities to assist victims of domestic abuse living in refuges, and other forms of safe temporary accommodation, to access social housing. The consultation closes on 5 January 2018. For the consultation document, click here

An Inspection of ‘Right to Rent’: call for evidence
The Independent Chief Inspector of Borders and Immigration (ICIBI) has begun work on an inspection of ‘Right to Rent’ (RtR). This concerns the measures in the 2014 and 2016 Immigration Acts intended to create a ‘hostile environment’ for individuals in the UK without valid leave by requiring landlords and letting agents to check the immigration status of prospective tenants before entering into a tenancy agreement. The ICIBI’s examination will include: planning for the initial introduction of RtR, including success criteria; evaluation of Phase 1 of RtR and how this informed the development of RtR, including sanctions for non-compliance; evaluation of RtR sanctions; take up of RtR measures by Home Office enforcement and casework teams, specifically the issuing of civil penalties, pursuit of criminal prosecutions, immigration controls and removals; and joint working and data-sharing between the Home Office and other government departments, agencies and other bodies. The deadline for submissions is 10 November 2017. For more details, click here

Funding for supported housing – two consultations
On 31 October 2017 the DCLG launched two consultations: one on housing costs for sheltered and extra care accommodation, and one on housing costs for short-term supported accommodation. Both of these consultations seek the views on the design of the government’s new supported housing funding models which relate to England only, though the DCLG would nevertheless welcome comments from responders across Great Britain. The government is seeking views on the funding models from the sector, providers, commissioners and residents alike. Both consultations close on 23 January 2018. For the consultation documents, click here

HOUSING LAW ARTICLES & PUBLICATIONS

Hide and Seek with Justice – A Rant Giles Peaker [2017] Nearly Legal 24 October. To read this article, click here

DWP’s wilful ignorance over the impact of local housing allowance Kate Webb [2017] Shelter Blog 26 October. To read this article, click here

Government housing benefit climbdown won't help private renters Dawn Foster [2017] Guardian 27 October. To read this article, click here

Making demands for a service charge Sian Evans [2017] Local Government Lawyer 27 October. To read this article, click here

We’re starting to fix London’s housing crisis. But the government has to help Sadiq Khan [2017] Guardian 27 October. To read this article, click here

How long has this been going on? – settled accommodation Giles Peaker [2017] Nearly Legal 29 October. To read this article, click here

Rough Sleeping in Winter – what is being done? Tasmin Maitland [2017] Homeless Link 30 October. To read this article, click here

The government must take a step back on universal credit Sam Lister [2017] CIH Blog 30 October. To read this article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2017] November issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here

HOUSING LAW DIARY

3 November 2017                     
Expected second reading of Affordable Home Ownership Bill (see Housing Laws in the Pipeline)

9 November 2017                     
Consultation closes on Planning for the right homes in the right places (see Housing Law Consultations)

10 November 2017                   
Deadline for submissions to the ICIBI’s Inspection of ‘Right to Rent’ (see Housing Law Consultations)

16 November 2017       
Consultation closes on Proposed reduction in frequency of the Forces Help to Buy official statistics (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week


3 x Housing Options Officers
(Two Full-time Permanent and One Part-time Fixed Term contracts)

Salary: £26,791 to £30,993 inclusive of local weighting (pro rata for part time hours)

37 Hours per week full time, 16 Hours per week for the part time position

The Role: Three Rivers District Council is looking to recruit three enthusiastic and resilient professionals to join its Housing Options Team (Two Full-time Permanent Officers and One Part-time Fixed Term Officer). The role of a Housing Options Officer involves providing customers with housing advice with a strong focus on preventing homelessness; seeing customers through all stages of the process including personalised housing plans and a decision on their homeless application if prevention or relief has not been possible.

What we are looking for: The successful candidates will be expected to manage their own caseload including managing customers’ expectations, assisting customers to take steps to resolve their own housing need, attend multi-agency meetings and take part in duty cover. The role will require a person to have effective communication and negotiation skills who can engage with customers in a demanding environment in order to find solutions.

What you can expect: Three Rivers District Council offers 28 days’ holiday, in addition to bank holidays, which rises to 30 days after five years’ service. The Council offers excellent training and development opportunities as well as being part of a national childcare voucher scheme. You will be enrolled in the Local Government Pension Scheme with contributions from the Council. You can also access fantastic local discounts and paid time off for volunteering in the local community.

CLOSING DATE FOR APPLICATIONS: 26 November 2017 at Midnight

Interview Date: Wednesday 6 December 2017

Unfortunately, it will not be possible to notify those candidates not selected for interview.

A Disclosure Scotland check will be carried out for this post

For further information contact Hannah Morris,
Housing Options Manager on 01923 776611

An application pack for this position can be downloaded at http://www.threerivers.gov.uk/egcl-page/housing-options-officer

Strongly committed to equality of opportunity in employment and in service. We encourage applications from all sectors of the community.

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1 x Permanent – 1 x two year FTC
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Job Ref: HFH 807
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