HOUSING LAW NEWS & POLICY ISSUES

Local authority housing statistics for England
On 12 January 2017 the DCLG published statistics on social housing owned and managed by local authorities in England for the year to March 2016. Local authorities in England owned 1.61 million dwellings on 1 April 2016, a decrease of 1.9% from the previous year (and a decrease from 3.67 million on 1 April 1994). This, it is said, is due to Right to Buy sales and the largescale voluntary transfer of local authority stock to private registered providers. Local authority landlords in England made 120,500 lettings during 2015-16. This was a decrease of 5% compared with the 127,300 lettings made in 2014-15, and follows a general decrease from 326,600 in 2000-01. The average local authority social rent in England in 2015-16 was £87.81 per week. This is 2% higher than in 2014-15, when the average was £85.89. There were 1.18 million households on local authority waiting lists on 1 April 2016, a decrease of 5% on the 1.24 million on 1 April 2015. For the statistics in detail, click here For the returns by individual local authorities, click here

Universal credit and rent arrears
On 16 January 2017 research published by NFA and ARCH charting the impact of universal credit on the rent arrears of households living in council owned homes showed that, as at 30 September 2016, 86% of universal credit claimants living in council owned homes were in rent arrears (compared to 79% at March 2016); 59% of universal credit claimants living in council owned homes had arrears that equated to more than one month’s rent; although 63% of UC tenants in arrears had pre-existing arrears before their UC claim only 44% of them were on alternative payment arrangements with direct payment from DWP; and the average value of arrears tenants owed across UC households had almost doubled to £615 since 31 March 2016 when average amount was £321. For more details, click here

Local Government Ombudsman appointment
On 11 January 2017 the DCLG confirmed the appointment of Michael King as the new Local Government Ombudsman in succession to Dr Jane Martin. The appointment takes immediate effect. Michael King has worked at the organisation in various roles since 2004, most recently as Chief Executive, and was previously Deputy Local Government Ombudsman. For the DCLG announcement, click here

Affordable homes
On 5 January 2017 the DCLG announced that a further £7 billion would be added to the government’s affordable housing programme ‘to meet the diverse housing needs of the country’. Housing providers can now apply for a share of the fund. For more details, click here For the response of the Chartered Institute of Environmental Health, click here

Rents, lettings and tenancies – England
On 12 January 2017 the DCLG released tables for rents, lettings and tenancies in England, presented by type and other variables, including by geographical area or on a temporal basis. For the tables, click here

Housing stock – England
On 12 January 2017 the DCLG released tables showing dwelling stock (including vacants) in England, by tenure and district. For the data, click here

Housing Benefit
On 10 January 2017 the Department for Work and Pensions published the latest adjudication circular providing updates to the Housing Benefit guidance manual for local authority staff. For the circular, click here

Housing Possession Court Duty Schemes
On 3 January 2017 the Legal Aid Agency published an updated list of LAA funded providers under the Housing Possession Court Duty Schemes. For the list, click here

Housing Benefit – amendments to Northern Ireland legislation
The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017 amend, from 30 January 2017 (for the most part), the Housing Benefit Regulations (Northern Ireland) 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 and the State Pension Credit Regulations (Northern Ireland) 2002. The amendments relate, amongst other matters, to the entitlement to housing benefit of a person who enters residential accommodation on a trial basis for the purpose of ascertaining whether the accommodation satisfies his or her needs, and of a person who is temporarily absent from a dwelling, for up to 13 weeks, in specified circumstances. To access the 2017 regulations, click here

Single homelessness – Brent
On 10 January 2017 Brent Council announced that a report seeking approval to commit £2million to tackle homelessness in Brent will be discussed by the Council's Cabinet later this month. Following the Council's successful application for just under £1million from the government, the report seeks approval for the Council to match that amount to fund local voluntary sector organisations to deliver homelessness prevention and relief outcomes for hundreds more single people whom the council has not been able to help previously. A recent review on housing and vulnerable people identified an important gap in provision for single people who do not qualify for the limited amount of supported housing or floating support the council commissions. For the full announcement, click here

Rough sleeping and violence
On 23 December 2016 Crisis published new research, drawing on a survey of 458 recent or current rough sleepers in England and Wales, which revealed that almost eight out of ten have suffered some sort of violence, abuse or anti-social behaviour in the past year, often committed by a member of the public, while nearly 7 in 10 (66%) report that life on the street is getting worse. For the report, click here and for the press release in respect of it, click here

Homelessness prevention – Wales
On 11 January 2017 the Cabinet Secretary for Communities and Children in the Welsh Government,  Carl Sargeant, announced £7.8 million for the Homelessness Prevention Programme for 2017/18. The grant supports local authorities and third sector organisations to deliver front line services to prevent homelessness. For the full announcement, click here

Homelessness – Westminster
On 16 January 2017 LocalGov reported that Westminster City Council had denied earlier reports that it was planning to send residents in need of temporary accommodation to the Midlands. For the LocalGov report, click here For a report of 15 January 2017 in The Guardian, click here For a blog item in Nearly Legal, click here For a comment by Shelter, click here

Licensing consultations
On 16 January 2017 the Residential Landlords Association reported that the London Boroughs of Newham and Bexley have become the most recent London authorities to start licensing consultations. The RLA also reports that Bournemouth is to carry out a consultation into a selective licensing scheme in certain areas of the district. For the consultations in respect of the two London boroughs, click here and for the Bournemouth consultation, click here

HOUSING LAWS IN THE PIPELINE

Homelessness Reduction Bill
This is a Private Members’ Bill introduced in the House of Commons by Bob Blackman which seeks to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes. The Bill has won the support of the Government; for the DCLG press statement in that respect, click here It received its Second Reading on 28 October 2016; for a record of the debate, click here The Bill entered Committee on 23 November 2016. For the Bill as introduced, click here For progress of the Bill, click here The House of Commons Select Committee for Communities and Local Government has published a report following its pre-legislative scrutiny of the Bill; to read the report, click here For the Law Society’s parliament briefing on the Bill, click here

Renters’ Rights Bill
This is a Private Members’ Bill introduced in the House of Lords by Baroness Grender which seeks to provide tenants and prospective tenants with certain rights, including affording access to a local housing authority’s database of rogue landlords, ending certain letting fees and providing for certain mandatory electrical safety checks. The Bill had its Second Reading on 10 June 2016 and completed its Committee stage on 18 November 2016; for a record of the debate, click here It will enter its Report stage on a date to be announced. For the Bill as amended in Committee, click here To read debates at all stages of the Bill’s passage, click here For progress of the Bill, click here

Crown Tenancies Bill
This is a Private Members’ Bill introduced in the House of Commons by Wendy Morton which seeks to provide that ​Crown tenancies may be assured tenancies for the purposes of the Housing Act 1988, subject to certain exceptions; to modify the assured tenancies regime in relation to certain Crown tenancies; and for connected purposes. For the Bill as introduced, click here The Bill is due to have its Second Reading on 27 January 2017. For progress of the Bill, click here For a research briefing from the House of Commons Library providing background on the Bill, click here

Housing (Tenants' Rights) Bill
This is a Private Members’ Bill introduced by Caroline Lucas which seeks to establish a Living Rent Commission to conduct research into, and provide proposals for, reducing rent levels in the private rented sector and improving terms and conditions for tenants; to require the Secretary of State to report the recommendations of the Commission to Parliament; to introduce measures to promote long-term tenancies; to establish a mandatory national register of ​landlords and lettings agents; to prohibit the charging of letting or management agent fees to tenants; and for connected purposes. The Bill is being prepared for publication and is due to have its Second Reading on 24 March 2017. For progress of the Bill, click here

NEW HOUSING CASES

R (on the application of Royal Borough of Kensington & Chelsea) v London Borough of Ealing [2017] EWHC 24 (Admin)

This application for judicial review by the Royal Borough of Kensington & Chelsea Council (“RBKC”) concerned a dispute with the London Borough of Ealing Council (“Ealing”) in relation to which of the two housing authorities had a housing duty to Ms Hacene-Blidi (“the Tenant”) in circumstances where there had been cessation of that duty by one authority and a new application had been made to another housing authority.

The Tenant, a British citizen, was a disabled wheelchair user who had four dependent children with whom she had been living in private rented accommodation in Ealing where she had lived since August 2012 though she had lived in Ealing since 2008.

In March 2015, the Tenant applied to Ealing for housing assistance under Part VII Housing Act 1996 (“HA 1996") because her private landlord had commenced possession proceedings against her. Ealing accepted a main housing duty towards her pursuant to s. 193 of the HA 1996 and duly offered her accommodation of a property in Ealing but this offer was refused.  Ealing then notified her that it considered that its housing duty had ceased pursuant to s. 193(7) HA 1996 because she had refused a final offer made under Part VI of the HA 1996. The Tenant requested a review of that decision under s.202 of the HA 1996, but she withdrew that request which had the effect that the original decision remained in place.

The Tenant was subsequently evicted and she then applied to RBKC for housing assistance under Part VII Housing Act 1996.  RBKC notified both the Tenant and Ealing that the main housing duty was owed and that the conditions for a local connection referral to Ealing had been satisfied. Ealing replied acknowledging that the conditions for a local authority referral had been met but contending that it did not owe the Tenant any duty because of her refusal of a suitable offer of accommodation and that it was for RBKC “to refer the family to social services department for any further assistance they may be entitled to."

RBKC asserted that because of the acceptance of the conditions of referral being met, Ealing’s main housing duty was engaged and that this was a second duty whereas Ealing argued that it had already discharged its duty and that no new housing duty arose.  RBKC challenged Ealing’s decision by way of judicial review.

The judicial review application was heard by HHJ Karen Walden-Smith (sitting as a judge of the High Court) who concluded that, RBKC had undertaken the statutory enquiries and having thereafter accepted the main housing duty towards the Tenant and the conditions for referral having been met, referred the main housing duty to Ealing (pursuant to s.200 HA 1996) and the acceptance by Ealing of the local connection referral made by RBKC meant that a new housing duty had been imposed upon Ealing under s.193 HA 1996.

The judge concluded that “The referral does not allow Ealing to avoid the housing duty as Ealing is placed in no better position by reason of the fact that the second application was made to Kensington & Chelsea and then referred to Ealing.”

The judge said [at para 36], “….the main housing obligation pursuant to the provisions of the HA 1996 falls upon Ealing. Kensington & Chelsea fulfilled its statutory obligations upon receipt of the application for housing assistance from Ms Hacene-Blidi and found that there was a main housing obligation pursuant to the provisions of section193(1). That main housing obligation fell upon Ealing upon Ealing accepting the local connection referral on 20 January 2016. The cessation of the first duty that occurred when Ms Hacene-Blidi refused the offer of accommodation made by Ealing in response to her first application for housing assistance, pursuant to the provisions of Part VII, does not prevent the second housing duty arising upon her making a fresh application pursuant to the provisions of section 193(9) HA 1996. The fact that application was made to another housing authority does not place Ealing in any better or worse position.”

HHJ Karen Walden-Smith ordered Ealing to pay RBKC’s costs on the standard basis, subject to a detailed assessment unless agreed. For the full judgment click here.

HOUSING LAW CONSULTATIONS

Social housing regulation: using a Legislative Reform Order to establish the regulator as a stand-alone body
The Tailored Review of the Homes and Communities Agency recommends the separation of the social housing regulator into a new standalone non-departmental public body, to address the potential conflict of interest that arises from the Agency’s current configuration. The aim of the consultation is to set out the proposed legislative changes to the Housing and Regeneration Act 2008 to implement the separation of the social housing regulator to reflect the principles of better regulation, especially transparency and accountability. This measure will not change how registered providers are regulated; the regulatory framework and regulatory powers will not alter as a result of the Review. Views are invited on all aspects of the consultation paper, with a specific focus on eligibility against criteria for using a Legislative Reform Order. For the consultation document click here. To respond to the consultation click here. The consultation closes on 27 January 2017.

Proposals to seek reversal of the reclassification of registered social housing providers in Northern Ireland
This consultation is on the proposals of the Department for Communities to amend current housing legislation and policy so as to facilitate a reversal of the recent ONS decision to classify registered social housing providers in Northern Ireland as public sector bodies. For the consultation document, click here The consultation closes on 8 February 2017.

Funding for supported housing
On 21 November 2016 the DCLG and DWP launched a consultation seeking views on the government’s plans for a new housing costs funding model for supported housing as well as views on how funding for emergency and short term placements should work. It covers the following areas: devolved top-up funding to local authorities in England; and funding for emergency and short term supported housing placements across Great Britain. At the same time the government has published an evidence review of supported accommodation in Great Britain which seeks to provide a helpful insight into the estimated scale, scope and cost of the sector which respondents may find useful in responding to the consultation. For the consultation, click here For the evidence review, click here The consultation closes on 13 February 2017.

Consultation on extending coverage of the Freedom of Information (Scotland) Act 2002 to registered social landlords
The consultation sets out proposals to extend coverage of the Freedom of Information (Scotland) Act 2002 (FOISA) to registered social landlords (RSLs). Extending coverage of FOISA would give the same 'access to information' rights to tenants of RSLs as local authority housing tenants currently have. RSLs would have a statutory responsibility to reply to information requests within set timescales. Under FOISA, if an applicant is dissatisfied with how an authority responds they can ultimately appeal to the Scottish Information Commissioner who is the independent regulator of the legislation. For the consultation document, click here. To respond online, click here.  The consultation closes on 23 February 2017.

Procedure of the First Tier Tribunal Housing and Property Chamber
The Tribunals (Scotland) Act 2014 establishes an integrated structure of tribunals with a First-tier Tribunal (FTT) and an Upper Tribunal. Jurisdictions within the First-tier Tribunal will be organised into ‘chambers’ according to the nature of the dispute. On 1 December 2016, the Private Rented the Private Rented Housing Panel/Homeowner Housing Panel transferred to the FTT – the first of the existing tribunals to move to the new structure. A single set of operational rules is being developed to apply across all jurisdictions in the Housing and Property Chamber. These are required for the expansion of the Chamber to other private rented sector disputes. Views are sought on the operational procedure of the Housing & Property Chamber for hearing the disputes transferring from the Sheriff court, disputes under the new letting agents regime and disputes involving the new tenancies established by the Private Tenancies (Scotland) Act 2016.  For the consultation document, click here The consultation closes on 31 March 2017.  

Private Rented Sector in Northern Ireland – Proposals for Change
This consultation document is the second stage in the Department for Communities’ review of the role and regulation of the private rented sector. It proposes a number of changes which will impact on both landlords and tenants. The document sets out proposals on: supply, affordability, security of tenure, tenancy management, property standards and dispute resolution. The Department will hold four public events to facilitate discussion on this document. For the consultation document and details of the discussion events, click here The consultation closes on 3 April 2017.

HOUSING LAW ARTICLES & PUBLICATIONS

ONS data on rents in the PRS – Implications Steve Battersby [2017] UK Housing Professionals Forum 3 January. To read this article, click here

Down to basics! [R (Eatherley) v London Borough of Camden & Ireland [2016] EWHC 3108 (Admin)] John Pugh-Smith [2017] Local Government Lawyer 5 January. To read this article, click here

The Guardian view on the housing crisis: right to rent Editorial [2017] Guardian 8 January. To read this article, click here

Leases, tribunals and contractual costs Giles Peaker [2017] Nearly Legal 9 January. To read this article, click here

White Paper or white flag? Pete Jeffreys [2017] Shelter Blog 9 January. To read this article, click here

Sex-for-rent is the hidden danger faced by more and more female tenants Penny Anderson [2017] Guardian 10 January. To read this article, click here

Recent Developments in Housing Law Jan Luba QC & Nic Madge [2016] December issue of Legal Action. Available in print and on-line for Legal Action subscribers. For the latest issue, click here For back-issues, click here

Estate regeneration and the right to buy James Goudie QC and Jon Holbrook [2017] Local Government Lawyer 12 January. To read this article, click here

Scottish housing benefit reforms to offer tenants greater flexibility Severin Carrell [2017] Guardian 13 January. To read this article, click here

Prosecutions and Convictions in the PRS Steve Battersby [2017] UK Housing Professionals Forum 13 January. To read this article, click here

Deadlock in Stormont could spell turmoil for social housing tenants Dawn Foster [2017] Guardian 13 January. To read this article, click here

‘I should have been a tenant’ – more on Bristol property guardians Giles Peaker [2017] Nearly Legal 15 January. To read this article, click here

The radical model fighting the housing crisis: property prices based on income Oliver Wainwright [2017] Guardian 16 January. To read this article, click here

THE HOUSING LAW DIARY

27 January 2017        
Crown Tenancies Bill: second reading (see Housing Laws in the Pipeline)

27 January 2017          
Consultation closes on Social housing regulation: using a Legislative Reform Order to establish the regulator as a stand-alone body (see Housing Law Consultations)

8 February 2017           
Consultation closes on Proposals to seek reversal of the reclassification of registered social housing providers in Northern Ireland (see Housing Law Consultations)

13 February 2017           
Consultation closes on Funding for supported housing (see Housing Law Consultations)

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