HOUSING LAW NEWS & POLICY ISSUES

Homelessness and homelessness prevention – England
On 28 September 2017 the DCLG published data for April to June 2017 on the decisions taken by local authorities on homelessness applications and households accepted as owed a main homelessness duty by local authorities. The data also contain information on homelessness prevention and relief in England that took place outside the homelessness statutory framework. The data show that during the period local authorities accepted 14,400 households as being statutorily homeless, down 1 per cent on the previous quarter and down 5 per cent on the same quarter of last year. These are households that are owed a main homelessness duty to secure accommodation as a result of being unintentionally homeless and in priority need. The total number of households in temporary accommodation on 30 June 2017 was 78,180, up 7 per cent on a year earlier, and up 63 per cent on the low of 48,010 on 31 December 2010. Local authorities took action to prevent and relieve homelessness for 54,270 households in the period, down 1 per cent on 54,610 in the same quarter of 2016. For the statistics, click here For figures for individual local authorities, click here The Chartered Institute of Housing has branded the figures ‘a national disgrace’: for the Institute’s full response, click here

Homelessness and households in temporary accommodation – Wales
On 28 September 2017 the Welsh Government published data for April to June 2017 on the number of households applying to local authorities for housing assistance under the Housing Wales Act 2014, and the number of homeless households in temporary accommodation. 1,899 households were assessed as threatened with homelessness within 56 days and for 1,197 households (63 per cent) homelessness was successfully prevented for at least 6 months. 2,652 households were assessed as being homeless and owed a duty to help secure accommodation during April to June 2017. Of these, 1,038 households (39 per cent) were helped to secure accommodation that was likely to last for 6 months, following intervention by the local authority. 507 households were assessed to be unintentionally homeless and in priority need and qualified for the duty to have accommodation secured for them. Of these, 375 (74 per cent) households accepted an offer of permanent accommodation. At the end of June 2017 there were 1,980 households in temporary accommodation. Private sector accommodation was the main form of temporary accommodation used, accounting for 39 per cent of all households in temporary accommodation at the end of June 2017. At the end of June 2017 there were 207 households in temporary bed and breakfast (B&B) accommodation. Of these, 27 households (13 per cent) were families with children. For the data, click here

Rough sleepers – Wales
On 28 September 2017 Welsh Cabinet Secretary for Communities and Children, Carl Sargeant, announced a further £500,000 to tackle youth homelessness and rough sleeping. The funding is in addition to the £2.1 million announced in the summer. For the announcement, click here

Building safety advice following Grenfell Tower fire
On 29 September 2017 the DCLG published advice for building owners relating to circumstances in which it has been confirmed that the core (‘filler’) within Aluminium Composite Material (ACM) in conjunction with other elements of the cladding system on a building, does not meet relevant requirements of the Building Regulations guidance. It sets out mitigating safety measures which owners of such buildings should implement in liaison with the fire and rescue service to ensure the safety of residents until remedial works are completed. All buildings identified to date have been visited and assessed by fire and rescue services. This advice supersedes Annex A to Melanie Dawes’ letter of 22 June 2017 on safety checks following the Grenfell Tower fire. For the advice, click here

Help to Buy scheme
On 28 September 2017 the DCLG and HM Treasury released statistics which show that over 320,000 completions have taken place using one or more of the Help to Buy schemes; over 275,000 first time buyer households have now benefited from Help to Buy; the average house price across the schemes is £196,092, which is below the average UK house price; and over 90 per cent of completions across the Help to Buy schemes have taken place outside of London. For the Help to Buy equity loan and new buy statistics, click here For the government announcement, click here

Help to Buy mortgage guarantee scheme
On 28 September 2017 HM Treasury released statistics showing that since the launch of the Help to Buy mortgage guarantee, 104,763 mortgages have been completed with the support of the scheme. Of these, 80 per cent were purchases by first-time buyers. The total value of mortgages supported by the scheme is £15.8 billion. Compared to total mortgage completions in each region, the scheme has supported a higher proportion of mortgages in the East of England and Scotland, and a lower proportion in the South East and London. The mean value of a property purchased or remortgaged through the scheme was £159,170, compared to a national average house price of £223,000. For the statistics, click here

Legal aid statistics for housing work
On 28 September 2017 the Ministry of Justice released legal aid statistics for April to June 2017. They show that of the civil workload of 66,000 cases in that period 11,000 related to housing work (down 12 per cent on the same period in 2016) and that of the total expenditure of £214 million only £9 million related to housing work (down 24 per cent on a year ago). For the full statistics, click here

Housing Benefit overpayments
On 2 October 2017 the Department for Work and Pensions published an updated part 2 of the guide for staff who deal with Housing Benefit overpayments for local authorities and housing authorities. A correction has been made to the overpayment subsidy table at 2.05. For the updated part 2 of the guide, click here

Housing Benefit appeal delays – Ombudsman’s finding
On 27 September 2017 the Local Government and Social Care Ombudsman released a report in which the Ombudsman notes that Bradford Metropolitan District Council has agreed to review more than 500 housing benefit applications after the Ombudsman found delays in its appeals process. The finding arose from a single complaint where the council refused a woman’s housing benefit appeal but then did not, as the law requires it to do, refer her case to the First Tier Tribunal. During the Ombudsman’s investigation the council said it had 519 housing benefit appeals waiting to be passed to the tribunal, dating back to February 2015. For a summary and link to the full report, click here

Labour Leader’s speech to Conference: Rent controls and tenant ballots
On 27 September 2017 the Labour Party leader, Jeremy Corbyn, pledged to introduce rent controls if the party is elected to government. He said: ‘Rent controls exist in many cities across the world and I want our cities to have those powers too and tenants to have those protections.’ He also proposed that councils should have to win a ballot of existing tenants and leaseholders before any redevelopment scheme could take place. Haringey Council has since said that it is opposed to the latter proposal. For key points of the speech, as covered by The Guardian, click here For coverage in respect of tenant ballots, click here

Rogue landlords
Sajid Javid, the Secretary of State for Communities and Local Government, unveiled to delegates at the Conservative Party conference new measures to force all private sector landlords to join an ombudsman redress scheme, which would give tenants more power to challenge unfair fees and poor treatment. He said that the Government will also bring in new laws requiring all letting agents to be registered, ending current rules that allow people to operate in the role without qualifications or professional oversight. For The Independent’s coverage, click here

Housing court
On 1 October 2017 Sajid Javid also announced plans to establish a new housing court. Mr Javid said that the government would work with the judiciary to establish the court. He added that the government will 'explore whether a new housing court could improve existing court processes, reduce dependence on legal representation and encourage arbitration, with benefits for both tenants and landlords'. For coverage by the Residential Landlords Association, which has campaigned for such a court, click here For coverage in The Law Society Gazette, click here

Housing services in Brent
On 2 October 2017 the council housing management services, previously provided by Brent Housing Partnership, transferred back to Brent Council. The move follows a 12-week consultation with tenants and leaseholders earlier this year. The Council says that it proposes the following improvements to council housing over the next year: more investment in up-to-date technology, such as a new smartphone app for simple transactions; more joined up approach between housing and other council services, to provide a better customer experience for tenants and leaseholders; a more responsive and flexible repairs service; more and better targeted investment in estates, blocks and houses; review of service standards, to ensure that residents are delivered what they want; and better engagement of residents in decision-making about their homes and estates. For more information, click here

Universal Credit roll-out
On 2 October 2017 the Department for Work and Pensions confirmed that the next stage of the rollout of Universal Credit to all claimants will start on 4 October 2017. For the announcement, click here For the response of Debbie Abrahams, Labour’s Shadow Secretary of State for Work and Pensions, click here For the response of Citizens Advice, click here

Housing costs in Universal Credit
On 2 October 2017 the House of Commons Library published a briefing paper explaining the key differences between assistance with housing costs under the Housing Benefit regime and under Universal Credit. The paper considers evidence of the impact of claiming housing costs under UC to date and the Government response. To read the briefing, click here

Gypsy and Travellers
On 26 September 2017 the Welsh Government published statistics on Gypsy and Traveller caravans in Wales on both authorised and unauthorised sites based on survey data collected by local authorities on the 13 July 2017. There were 976 Gypsy and Traveller caravans reported in Wales and 119 sites across Wales. Comparing the July 2016 and July 2017 count, the number of caravans has increased by 2 per cent (18 caravans) on authorised sites. There were 39 caravans on unauthorised sites on land owned by Gypsies and Travellers, accounting for 4 per cent of all caravans. For more details, click here For details of a consultation by the Welsh Government concerning Gypsies, Roma and Travellers, see Housing Law Consultations. For a House of Commons Library briefing providing an overview of the key issues and policies relating to Gypsy and Traveller communities in England, click here

Department for Communities and Local Government – a short guide
On 3 October 2017 the National Audit Office published a short guide to the Department for Communities and Local Government. The guide, which runs to 39 pages, is designed to provide a quick and accessible overview of the Department and focuses on what the Department does, how much it costs and key developments in the Department’s areas of work, including its strategic objective to fix the ‘broken housing market’. To read the guide, 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 is currently at Stage 2 in the Welsh Assembly; Stage 2 began on 19 July 2017 and Stage 2 consideration will take place in Committee on 5 October 2017. A marshalled list and grouping of amendments have been prepared for consideration 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.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 is due to take place on 20 October 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 is due to take place on 20 October 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

HOUSING LAW ARTICLES & PUBLICATIONS

Old fashioned rent control: what is it good for? Steve Akehurst [2017] Shelter Blog 27 September. To read this article, click here

Housing association constitutions Matthew Waters [2017] Local Government Lawyer 28 September. To read this article, click here

Reflections on Grenfell parts 1-3 Nick Hall, Isis Nunez-Ferrera and Ian Davis [2017] The Planner 28 September. To read this article, click here

Reflections on Grenfell parts 4-6 Tony Lloyd-Jones, Geoff Payne and Patrick Wakely [2017] The Planner 28 September. To read this article, click here

Hundreds of affordable homes have been lost in Kensington and Chelsea: it’s time to shut the door on abuse of the viability process Robin White [2017] Shelter Blog 28 September. To read this article, click here

Blameless landlords & a legislative booby trap Martin Mears [2017] New Law Journal 28 September (subscription necessary). To read this article, click here

Jeremy Corbyn is right: we need rent controls, and we need them now Penny Anderson [2017] Guardian 29 September. To read this article, click here

Homelessness Reduction Act 2017: we’d like your examples of personalised housing plans Deborah Garvie [2017] Shelter Blog 29 September. To read this article, click here

Rats, roaches and overcrowding: the battle against slum landlords Tom Wall [2017] Guardian 30 September. To read this article, click here

Fitness for Habitation 2.0 – Q&A and call to arms Giles Peaker [2017] Nearly Legal 1 October. To read this article, click here

The Waitrose effect: boom times for homeowners but evictions for tenants David Adler [2017] Guardian 2 October. To read this article, click here

Councils and housing associations should define affordability together John Perry [2017] CIH 2 October. To read this article, click here

Belfast's housing policy still reflects religious and economic division David Carpenter [2017] Guardian 3 October. To red this article, click here

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

HOUSING LAW DIARY

4 October 2017                        
Rollout of Universal Credit to all claimants

5 October 2017                        
Stage 2 Committee consideration of Abolition of the Right to Buy and Associated Rights (Wales) Bill (see Housing Legislation in the Pipeline)

11 October 2017                       
Lime Legal’s Homelessness Conference 2017: Law & Best Practice
– click here for details

20 October 2017                       
Second reading of Sublet Property (Offences) Bill (see Housing Legislation in the Pipeline)

20 October 2017                       
Second reading of Mobile Homes and Park Homes Bill (see Housing Legislation in the Pipeline)

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RECRUITMENT

Featured Job of the Week

In House Solicitor

Location: Birmingham
Salary: circa £40k negotiable depending on experience
Full-time: 40 hours per week

Trident Group are looking for a solicitor to lead the team to provide an effective and efficient in-house legal service, in addition to managing the instruction of external legal advisors, where necessary. The role will deal primarily with housing management issues, but will also cover broader legal issues impacting upon the organisation. Previous experience or knowledge of the housing sector is preferred; but is not essential. A good general legal knowledge and positive attitude are considered essential.

Effective communication, decision making and person centred approach are key to the success of this role.

Please contact Christopher Derby (Assistant Director of Organisational Development – christopher.derby@tridentgroup.org.uk) or Martyn Ruscoe, (Group Solicitor – martyn.ruscoe@tridentgroup.org.uk) for a confidential discussion about this role.

We are committed to equality and diversity and welcome applications from everyone regardless of gender, age, religion, race, disability or sexual orientation.

NO RECRUITMENT AGENCIES           

The London Boroughs of Richmond upon Thames and Wandsworth
Job Ref: R004782
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Hackney Council
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Wychavon and Malvern Hills District Councils
Job Ref: HR0000000219
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London Borough Of Waltham Forest
Job Ref: F&H/17/43985
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London Borough Of Waltham Forest
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London Borough Of Waltham Forest
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Genesis Housing Association
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Bristol City Council
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London Borough of Hammersmith & Fulham
Job Ref: 3291
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Genesis Housing Association
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Genesis Housing Association
Job Ref: GEN08786
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Estates Quality Inspector

Hightown Housing Association
Job Ref: EQI
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London Borough of Hillingdon
Job Ref: LBH3726
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