HOUSING LAW NEWS & POLICY ISSUES

Homelessness – Shelter report
On 8 November 2017 Shelter published (what it described as) the most extensive review of its kind, combining official rough-sleeping, temporary accommodation and social services figures. This showed that the number of homeless people in Britain has increased by 13,000 in a year. However, it says, since government records are not definitive, the true figure of homelessness is likely to be even higher. The charity’s report, Far from alone: Homelessness in Britain in 2017, also shows how difficult it can be to escape homelessness amid a shortage of affordable homes and welfare reforms, such as the freeze on housing benefit and recent roll-out of Universal Credit. To read the report, click here

Electrical safety standards in the private rented sector
On 7 November 2017 the DCLG published a report from the working group on electrical safety standards in the private rented sector. A working group of relevant experts was established following Royal Assent of the Housing and Planning Act 2016 to provide recommendations on what, if any, legislative requirements for electrical safety in the private rented sector should be introduced. The group was chaired by officials from the DCLG and included members drawn from different interests including landlord, letting agent and tenant representatives. To read the report, click here

English Housing Survey 2015-16
On 9 November 2017 the DCLG published the English Housing Survey 2015-16. The survey included the following findings: owner occupation rates remain unchanged for the third year in a row (of the estimated 22.8 million households in England, 14.3 million or 63 per cent were owner occupiers); the private rented sector accounted for 4.5 million or 20 per cent of households and the social rented sector accounted for 3.9 million households or 17 per cent of households; between 2005-06 and 2015-16, the proportion of households in the private rented sector with children increased from 30 per cent to 36 per cent, ie 945,000 more households; over the same ten-year period, the proportion of households in the social rented sector with children decreased from 36 per cent to 32 per cent, ie 123,000 fewer households; the proportion of social renters who expect to buy has increased but no such increase was observed among private renters. For the full findings, click here

Affordable housing supply – England: April 2016 to March 2017
On 9 November 2017 the DCLG published a report on the affordable housing supply in England for the period between April 2016 and March 2017. An additional 41,530 affordable homes were delivered in England in 2016-17. Affordable housing delivery in 2016/17 was 27 per cent higher than the previous year. The 41,530 affordable homes delivered in 2016/17 comprised 5,380 social rent, 24,350 affordable rent and 11,810 intermediate affordable housing. The 11,810 intermediate affordable housing comprised of 2,060 affordable home ownership, 8,810 shared ownership and 940 intermediate rent units. For the full statistics, click here For the latest tables of affordable housing supply, organised by various criteria, click here For the response of the Chartered Institute of Housing, click here

Affordable housing – Institute for Public Policy Research report
On 10 November 2017 the Institute for Public Policy Research published a report which found that 92 per cent of local authorities are failing to meet affordable housing needs. The report calls for action from the Government, including allowing local authorities to borrow to invest in the building of a new generation of council homes. The report also states that more than two thirds (67 per cent) of local authorities failed to meet housing demand in 2015/16 according to the Government’s new projections. For the report, click here

Affordable housing in rural areas
On 13 November 2017 the National Housing Federation published a report stating that ‘building just a few affordable homes for young families in rural areas could preserve the life of England’s towns and villages’. The Rural Life Monitor tracks the rate at which key pillars of community life – schools, post offices and pubs – are closing across rural England because of ageing and dwindling populations. To read the report, click here

Landlord possession statistics – England and Wal es
On 9 November 2017 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. Landlord possession claims (34,172), orders for possession (25,266), warrants of possession (16,935) and repossessions by county court bailiffs (8,806) were down 1, 3, 9 and 10 per cent respectively compared to the same quarter last year. This is continuing the annual downward trend in landlord possession claims, seen since April to June quarter 2014. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – England and Wales
On 9 November 2017 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. Mortgage possession claims (4,757), orders for possession (3,376) have increased by 6 per cent and 26 per cent respectively compared to the same quarter last year. For the statistics (combined with those for landlord possession above), click here

Landlord possession statistics – Wales only
On 9 November 2017 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. There were 1,396 landlord possession claims made during July to September 2017, an increase of 5 per cent on the same quarter of 2016. There were 1,168 landlord possession orders made during the quarter, up by 14 per cent compared with July to September 2016. For the statistics (combined with those for mortgage possession below), click here

Mortgage possession statistics – Wales only
On 9 November 2017 the Ministry of Justice published quarterly national statistics, specific to Wales, on possession claim actions in county courts by mortgage lenders and social and private landlords. During July to September 2017, there were 323 mortgage possession claims and 270 mortgage possession orders made, down by 9 per cent and up by 27 per cent respectively, on the same quarter of 2016. For the statistics (combined with those for landlord possession above), click here

Local Housing Allowance and the social rented sector
On 13 November the House of Commons Library published a briefing paper providing background on the 2015 Government's intention to apply Local Housing Allowance rates to tenants in receipt of Housing Benefit in the social rented sector. On 25 October 2017, the Prime Minister said that this change would not go ahead as previously planned. For the briefing, click here

Housing for older people
On 13 November 2017 the House of Commons Communities and Local Government Committee heard from experts and providers of specialist retirement housing as part of its inquiry in to housing for older people. To watch the session on Parliament TV, click here

Right to Buy
On 13 November 2017 the Local Government Association warned that Right to Buy ‘itself is under threat, and that the scheme will grind to a halt if local authorities are not given the financial powers to replace sold homes and embark on a renaissance in council house building’. The LGA notes that rules and restrictions are hampering the ability of councils to rapidly replace homes, so that 12,826 homes were sold off under the scheme in 2016/17, 12,826 homes were sold off under the scheme in 2016/17, with councils only able to start 4,475 homes in replacement. For more details, click here

Housing supply for local authorities – England
On 10 November 2017 the House of Commons Library published an interactive Excel tool which permits the user to view and compare local-level housing information. It aims to answer questions such as: how much social housing is there in a specific area? How many new homes were built in the area last year, and how does this compare with other local authorities? How many new affordable homes have been provided near to a specific location? To access the tool, click here

Racial discrimination in private letting – county court judgment
On 8 November 2017 Maidstone County Court ruled that landlord Fergus Wilson's policy of banning Indian and Pakistani tenants was unlawful and imposed an injunction against the implementation of the policy. The Equality and Human Rights Commission brought the case against Mr Wilson. Chief Executive Rebecca Hilsenrath said: "We welcome this outlawing by the court of Mr Wilson’s discriminatory letting policy. Our homes are fundamental to our private lives and to who we are. Denial of a home on the grounds of race or colour is abhorrent conduct we do not accept in today’s society. There are still deep inequalities in our country, as our race report earlier this year demonstrated, and sadly some of the causes of those inequalities were illustrated by Mr Wilson’s comments over the summer. However, today takes us one step closer to a more equal Britain." For a BBC News report, click here

Renting and older people
On 12 November 2017 Generation Rent published a report, co-authored with David Adler of Oxford University, which used the English Housing Survey, to project that by 2035 nearly 1 million households of retirement age will be renting from a private landlord. Currently the figure is 370,000, so this projection suggests these numbers will nearly treble. That assumes continuation of current home buying rates among the over-45s, and no increase in the availability of social housing. For more details, click here

Dispatches – Channel 4
On 13 November 2017 Channel 4 broadcast a Dispatches programme entitled The Great Housing Scandal investigating the government’s actions in relation to the housing market. In response to the programme, the Homes and Communities Agency has said: ‘the accusations made in [the] Dispatches programme are based on a misunderstanding about our statutory responsibilities and role.’ To view the programme, click here For the HCA’s full response, click here

London homelessness social impact bond evaluation
On 14 November 2017 the DCLG published reports outlining the development of the London Homelessness Social Impact Bond (SIB) programme, reviewing the outcomes achieved and lessons learned, and setting out recommendations. The SIB is a four year programme launched in November 2012, with the core intervention period ending after three years on 31 October 2015. It was designed to bring new finance and new ways of working to improve the outcomes for a cohort of rough sleepers whose needs were not being met by existing services and who were not being targeted by other interventions. It was the second ever SIB developed and the first to address homelessness and is the first in the world to complete. For the reports, 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 was due to 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. Its second reading has been postponed to 16 March 2018. 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

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

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

HOUSING LAW ARTICLES & PUBLICATIONS

Kettle packs and extreme overcrowding: the realities of temporary accommodation Charlotte Gerarda [2017] Shelter Blog 10 November. To read this article, click here

Shared sites – ending 'age apartheid', improving lives Stephen Burke [2017] CIH Blog 9 November. To read this article, click here

Sprinklers save lives. So why, after Grenfell, isn’t the government doing more? John Healey [2017 Guardian 10 November. To read this article, click here

Will the Budget finally begin to fix the broken housing market? Toby Lloyd [2017] Shelter Blog 10 November. To read this article, click here

"Up to 6" does not meet 5 Stephen Whale [2017] Local Government Lawyer 10 November. 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

15 November 2017                   
Supreme Court judgment in R (on the application of HC) v Secretary of State for Work and Pensions and others concerning whether ‘Zambrano carers’ are entitled to social benefits

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

29 November 2017                   
Consultation closes on Protecting consumers in the letting and managing agent market: call for evidence (see Housing Law Consultations)

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)

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