6th December 2017
Quick Links
HOUSING LAW NEWS & POLICY ISSUES
 

Rough Sleeping Advisory Panel
On 30 November 2017 Communities Secretary Sajid Javid set out details of a new Rough Sleeping Advisory Panel that will help develop a national strategy as part of the government’s commitment to halve rough sleeping by 2022 and eliminate it altogether by 2027. This new Advisory Panel made up of homelessness experts, charities and local government, will support the Ministerial Taskforce, which brings together ministers from key departments to provide a cross-government approach to preventing rough sleeping and homelessness. For more details, including membership of the panel, click here

Housing and health for older people
On 30 November 2017 the Communities and Local Government Committee heard evidence on housing and health and alternative forms of housing as it continued its inquiry into housing for older people. The inquiry is examining whether the housing on offer for older people is sufficiently available and suitable for their needs. For more information about the inquiry, click here

Housing for older people – home adaptations
On 28 November 2017 the Centre for Better Ageing published a report that finds that making small changes to older people’s homes, such as installing handrails, ramps and level-access showers, alongside carrying out simple home repairs, could play a significant role in relieving pressure on the NHS and social care and reduce costs by millions of pounds each year. The report by the Centre and the University of West of England also shows that minor home aids and adaptations can greatly improve quality of life for people who are losing mobility. Studies show that people’s difficulties with ‘activities of daily living’ can be reduced by 75 per cent. These include washing, bathing, going to the toilet, dressing and eating. Home aids and adaptations can also increase people’s ability to perform everyday activities by 49 per cent, and reduce depressive symptoms by 53 per cent, the report shows. For the report, click here For a press release by the Centre for Better Ageing, click here For a response by the Local Government Association to the report, click here

House building and planning reform – Wales
On 30 November 2017 the Law Commission launched a new consultation to simplify the planning process in Wales. A new planning code for Wales is needed to get the country building and further protect heritage and the environment, said the Law Commission. The Commission considers that complex and overlapping planning laws – contained in over 30 Acts of Parliament – slow down the development process, confuse applicants for planning permission and generate unnecessary bureaucracy and cost. Therefore, in its consultation, it proposes ‘shaping up the planning system to make the law clearer, simpler and more effective for everybody’. For more details, click here

A single housing ombudsman?
On 29 November 2017 the Communities Secretary Sajid Javid told an audience of housing professionals in London that the government will look at ‘bold options to improve consumer redress across the housing sector’. He said that potential measures to address this issue could include introducing a single housing ombudsman to help provide more comprehensive redress for home owners, home buyers, tenants and landlords. He added that in the New Year the government would consult with consumers and the industry, and look at options to explore how the overlap between responsibilities can be improved. For details, click here

Homeless family forcibly evicted from accommodation arranged by council – Ombudsman’s report
On 28 November 2017 the Local Government and Social Care Ombudsman reported on the case of a homeless family who had been forcibly evicted at short notice from temporary accommodation arranged by Maidstone Borough Council. The family had been living in accommodation provided by a private landlord. But, following allegations about minor breaches of the tenancy agreement, the landlord evicted the family and told them to pack immediately. During the eviction process, the landlord moved the family’s belongings outside and prevented them from accessing parts of the flat – including not allowing the young children to use the lavatory. The Ombudsman’s investigation found a number of faults with the way the council handled the family’s situation. They were: the way the council handled the family’s homelessness application; allowing an unlawful eviction, and not giving the family 28 days’ notice to leave the flat; not investigating allegations of the landlord’s harsh behaviour on the day of eviction; and not giving the family the chance to give their side of the story before making a decision based on evidence from both parties. For details of the case, click here

Analysis of availability and affordability of housing in England and Wales
On 29 November 2017 the Office for National Statistics published an analysis which brings together a range of data sources on housing to present 16 housing summary measures, which provide a broad overview of the availability and affordability of privately owned and social housing for local authorities in England and Wales in 2016. To access the analysis, click here

Local authority housebuilding
On 4 December 2017 the National Planning Forum and Royal Town Planning Institute published The Local Authority Direct Provision of Housing study, conducted by Professor Janice Morphet and Dr Ben Clifford of the Bartlett School of Planning, University College London. It found that 91 per cent of local authorities in England – of all political leaning and size – are engaged in providing homes in some form or another. The study finds that councils are actively exploring ways of housing delivery outside the usual Housing Revenue Account (HRA) route, largely due to frustration with the borrowing cap. For details of the report, click here For the report itself, click here

Civil penalty for breach of licensing and HMO regulations – Brent
On 1 December 2017 Brent Council reported that a property company with assets in the Virgin Islands has paid a £8,000 civil penalty to the council after two tenants illegally sublet one of its houses. This is the first civil penalty to be issued by the council following new powers voted in by the cabinet in September. The unlicensed eight-bedroom semi-detached house in Willesden Green was exposed after a neighbour complained to the Fire Brigade about overcrowding. A team of enforcement officers raided the property and found two head tenants and the landlord in breach of house in multiple occupation (HMO) management and licensing regulations. For details, click here

Banning orders
The Government has published draft Housing and Planning Act 2016 (Banning Order Offences) Regulations 2017 which, when implemented, will introduce banning orders against those committing certain offences. Part 2 of the Housing and Planning Act 2016 (the Act) provides for the imposition of banning orders. Section 15 of the Act confers power on local housing authorities in England to apply to the First-tier Tribunal for a banning order against a person who has been convicted of a banning order offence. Section 16 confers power on the First-tier Tribunal to make a banning order against that person if that person was a residential landlord or property agent at the time the offence was committed. Section 14 defines ‘banning order’ and ‘banning order offence’ for the purposes of Part 2 of the Act (rogue landlords and property agents in England). Section 14(3) confers power on the Secretary of State to make regulations specifying the description of what constitutes a ‘banning order offence’. Regulation 3 and the Schedule to these Regulations specify those offences. For the draft regulations, click here

Private residential tenancy agreements – Scotland
On 1 December 2017 Holyrood reported that the Scottish Government introduced new tenancy agreements with no end date, which can only be terminated by a tenant giving written notice to their landlord or by the landlord using certain pre-approved grounds for eviction. Under the new Private Residential Tenancy, landlords will only be able to increase rent once a year, and only after providing tenants with three months’ written notice in advance. Shelter Scotland director Graeme Brown described the change as a ‘new dawn for all private renters’ which will bring ‘unprecedented security of tenure to private renters’. To read the article in Holyrood, click here

Poverty and housing
On 4 December 2017 the Joseph Rowntree Foundation published a state of the nation report – UK Poverty 2017 – examining how poverty in the UK has changed over the last 20 years. The report notes that almost half on the lowest incomes (3.2 million working age people) now spend more than a third of their income on housing. Falling home ownership means that in the future more older people are likely to rent and have higher housing costs in retirement. To read 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. Stage 3 consideration and disposal of amendments took place in Plenary on 28 November 2017. Stage 4 was scheduled to take place on 5 December 2017. 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. The Bill is due to be considered by the Local Government and Communities Committee on 29 November 2017. For the Bill as introduced, click here For a research briefing on the Bill, 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. Its second reading has been postponed to 16 March 2018. To follow progress of the Bill, click here

Creditworthiness Assessment Bill
This Private Member’s Bill was introduced by Lord Buck and had its second reading in the House of Lords on 24 November 2017. The Bill would require certain matters (including rental payment history) to be taken into account when assessing a borrower’s creditworthiness. For the Bill as introduced, click here The Bill will have its Committee stage on a date to be announced. For progress of the Bill, click here

Regulation of Registered Social Landlords (Wales) Bill
The purpose of this Bill is to amend or remove those powers which are deemed by the Office for National Statistics (ONS) to demonstrate central and local government control over Registered Social Landlords (RSLs). These changes will enable the ONS to consider reclassifying RSLs as private sector organisations for the purpose of national accounts and other ONS economic statistics. The Bill is at Stage 1. It has been considered by the Constitutional and Legislative Affairs Committee and the Finance Committee. It is also being considered by the Bill’s Sub-committee. For progress on the Bill, click here and scroll down.

Make Sure you Keep Up to Date with Housing Law Week

Don’t miss out on your weekly updates!
Sign up here now to ensure you receive your own free copy of Housing Law Week straight to your desktop each week.

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

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 contract-holder 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

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

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

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

Mandatory client money protection schemes for property agents
On 1 November 2017 the DCLG published a consultation on how membership of mandatory client money protection schemes in England should be designed, implemented and enforced. Client money protection schemes give landlords and tenants confidence that their money is safe when it is being handled by an agent. Where an agent is a member of a client money protection scheme, it enables a tenant, landlord or both to be compensated if all or part of their money is not repaid. The consultation will close on 13 December 2017. For the consultation document, click here

Possible changes to costs in leasehold cases and residential property cases
On 9 November 2017 the Tribunal Procedure Committee published a consultation seeking views as to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 in relation to the question of placing a cap or caps on costs recoverable under the costs provisions in leasehold and residential property cases. The consultation closes on 1 February 2018. For the consultation document, click here

Park homes legislation
The Mobile Homes Act 2013 made significant changes to the law on park homes. The government gave a commitment to review this in 2017. The review is in the form of a two-part call for evidence.
Part 1 was published on 12 April 2017 and called for evidence on fairness of charges, the transparency of site ownership and on experience of harassment. A summary of responses to Part 1 has been published. On 28 November 2017 the DCLG issued a further call for evidence on: how effective local authority licensing has been; how well the procedures for selling mobile homes, making site rules and pitch fee reviews are working; whether “fit and proper” controls need to be applied in the sector; and the appropriate index (CPI or RPI) to be used when carrying out a pitch fee review. The DCLG is also seeking views on the Park Homes Working Group’s recommendations on how local authorities can be assisted further in their licensing functions. The consultation closes on 16 February 2018. For the consultation document, click here

Rent a room relief
Rent a room relief was first introduced in 1992 to incentivise individuals to make spare capacity in their homes available for rent. The government intended this to increase the quantity and variety of low-cost rented housing. In the last 25 years the housing market has changed significantly: there has been an overall growth in the number of people living in the private rented sector, whilst the emergence and growth of peer to peer online marketplaces and digital platforms has made it easier to advertise rooms, putting those with spare accommodation in touch with a global network of potential lodgers. Given the pace and scale of change in the sector, the government wants to explore whether the design of rent a room relief provides the right incentives for the rental market as it exists today. The government is calling for evidence by 23 February 2018. For the consultation document, click here
HOUSING LAW ARTICLES & PUBLICATIONS
 

Incurred and incurred again Giles Peaker [2017] Nearly Legal 1 December. To read this article, click here

Enforcing possession orders: clarity matters Brooke Lyne [2017] New Law Journal 1 December. To read this article (subscription required), click here

And the first shall not be last Giles Peaker [2017] Nearly Legal 1 December. To read this article, click here

New Scottish tenancy: what you need to know Ashley Campbell [2017] CIH Online 1 December. To read this article, click here

Premature forfeiture Giles Peaker [2017] Nearly Legal 3 December. To read this article, click here

An air of unreality [2017] Nearly Legal 4 December. To read this article, click here

Protecting vacant property Gideon Reichental [2017] RICS Online 4 December. To read this article, click here

If ever there was a time to re-evaluate the purpose of social housing, it's now Paul Hackett [2017] CIH Online 5 December. To read this article, click here

Supported housing is vital. We can't make its funding discretionary Mitch Menagh [2017] Guardian 5 December. To read this article, click here

HOUSING LAW DIARY
 

7 December 2017                     
Consultation closes on London Housing Strategy (see Housing Law Consultations)

11 December 2017                   
Consultation closes on Homelessness code of guidance for local authorities (see Housing Law Consultations)

13 December 2017                   
Consultation closes on Mandatory client money protection schemes for property agents (see Housing Law Consultations)

15 December 2017                   
Consultation closes on Future role of alternative dispute resolution in civil justice (see Housing Law Consultations)

17 December 2017                   
Consultation closes on Improving the home buying and selling process: call for evidence (see Housing Law Consultations)

21 December 2017                   
Consultation closes on Enabling Gypsies, Roma and Travellers – Wales (see Housing Law Consultations)

21 December 2017                   
Consultation closes on A Fundamental Review of Social Housing Allocations – Northern Ireland (see Housing Law Consultations)

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk
RECRUITMENT

Featured Job of the Week

Head of Resident Safety
London Borough of Hackney


Job Ref: GSe36360
Click here for details
 
 
Team Manager - Anti Social Behaviour
London Borough Of Waltham Forest
Job Ref: N&C/17/48503
Click here for details
 
 
Neighbourhood Area Manager
London Borough Of Waltham Forest
Job Ref: N&C/17/49252
Click here for details
 
 
Project Manager - Affordable Housing
London Borough of Hackney
Click here for details
 
 
Transformation Manager
RB of Kensington & Chelsea
Job Ref: 3524
Click here for details
 
 
3 x Housing Solutions Officer (Prevention)
Christchurch and East Dorset Councils
Job Ref: REC/17/16944
Click here for details
 
 
Tenancy Support Officer
Babergh and Mid Suffolk District Council
Job Ref: BMS00054:
Click here for details
 
 
Temporary Accommodation Officer
Babergh and Mid Suffolk District Council
Job Ref: BMS00053
Click here for details
 
 
Housing Officer
East Devon District Council
Job Ref: ED006025T
Click here for details
 
 
Income Services Officer
Genesis Housing
Click here for details
 
 
Rent Adjustment Officer
Midland Heart
Job Ref: SYS-3232
Click here for details
 
 
Housing Officer
Sanctuary Housing
Job Ref: 30976
Click here for details
 
 
Tenancy Sustainment Officer – Housing Needs
Slough Borough Council
Job Ref: 03-3393
Click here for details
 
 
Housing Needs Officer
Slough Borough Council
Job Ref: 03-3388
Click here for details
 
 
Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B