Thank you to the delegates and speakers who attended our Homelessness Conference last week.  The feedback has been terrific and included:

“One of the best training days I have attended”
“Excellent and a set of great notes to refer to”
“Brilliant as always”

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HOUSING LAW NEWS & POLICY ISSUES

Rogue landlords in the private rented sector
On 9 October 2017 the House of Commons Communities and Local Government Committee launched an inquiry into whether councils have adequate powers to tackle 'rogue landlords'. The inquiry will focus on the provision by councils of private rented accommodation and whether they have sufficient powers to deal with bad practices. It will also examine barriers to intervention in the private rented sector, whether landlord licensing schemes are promoting higher quality accommodation and the effectiveness of complaint mechanism for tenants. For more details, click here

Rents in the private rented sector
On 13 October 2017 the Institute for Fiscal Studies published a report – The cost of housing for low-income renters – which highlights that ‘600,000 people in the private rented sector, 500,000 of whom are living in families with children, will face shortfalls between their Housing Benefit and their rent due to changes to Housing Benefit since 2011’. The research, funded by the Joseph Rowntree Foundation, also shows how tenants on low incomes in the bottom fifth spend on average more than a third of their remaining income to pay the rent not covered by Housing Benefit. Those in the top fifth spend an average of 19 per cent on rent. To read the report, click here To read a summary of the findings, click here

Universal Credit: Landlord request form for a managed payment or rent arrears deduction
On 11 October 2017 the Department for Work and Pensions published UC47 forms which are for use by landlords where a tenant is having difficulty paying their rent and the landlord is requesting that the rent is paid from a tenant’s Universal Credit. For the forms, click here

Grenfell Tower – handling immigration cases
On 11 October 2017 the Home Office published two sets of guidance telling Home Office staff (1) how to consider the immigration status of those directly affected by the Grenfell Tower fire and allowing eligible individuals to be granted a period of lawful residence in the UK with full access to relevant support and assistance; and (2) how to consider enquiries about limited leave to remain outside of the Immigration Rules from relatives of those directly affected by the Grenfell Tower fire; the latter applies to relatives who were last granted a short period (less than 6 months) of leave to enter the UK to support a survivor of the fire in the UK, or make funeral arrangements for a victim of the fire, and who wish to remain in the UK for a further limited period. To access the guidance in respect of individuals directly affected by the fire, click here To access the guidance in respect of relatives of those directly affected, click here

Housing Possession Court Duty Scheme legal aid contracts
A tender for the 2018 Housing Possession Court Duty Scheme (HPCDS) contracts opened on 12 October 2017. New HPCDS contracts will be signed in summer 2018 with services starting on 1 October 2018. Each 2018 HPCDS contract will initially run until 30 September 2021, with an option for the Legal Aid Agency to extend for up to a further 2 years. The tender process is open to both existing contract holders and new entrants. For more details, click here

Homelessness and older people
On 13 October 2017 the Local Government Association warned that the ‘nation is facing a “ticking time bomb” in the number of homeless older people after latest figures showed an alarming rise of 130 per cent since its lowest point eight years ago’. The LGA quotes figures showing that between April and June this year councils accepted 620 people aged over 60 as homeless. This is up from the 270 accepted between October and December 2009, which was the lowest number since records began in 2005. The LGA’s new report – The impact of homelessness on health – says that the rising number of older homeless will create significant extra pressures for councils, such as in providing housing and social care. For the LGA’s announcement, click here For the report, click here

Homelessness Reduction Act 2017
On 16 October 2017 the DCLG published information on the new burdens funding local authorities have been allocated to implement the Homelessness Reduction Act. For that information, click here The DCLG has also launched a consultation on a proposed revised homelessness code of guidance. For more information on the consultation, see Housing Law Consultations below.

Supported housing for people with mental illness
On 16 October 2017 Rethink Mental Illness published new research stating that Government plans to cap benefits for those in supported housing fall short of the actual cost of this housing, and will leave many people struggling to afford it. The report, Mental Health Supported Housing: Securing financial stability, supply and quality, looks specifically at housing for people living with mental illness and how this is funded. It argues that wider Government plans to improve mental health and bring standards of care up are being undermined by housing benefit cuts that could leave some of the most vulnerable people without housing, severely impacting their health. To read the report, click here To read the associated press release, click here The concerns expressed in the report were voiced more generally by Peter Aldous MP in a short House of Commons debate on supported housing funding, held on 10 October 2017. To read the Hansard report of the debate, click here

Rental income guarantee scheme – Scotland
On 12 October 2017 the Scottish Government announced the launch of a Rental Income Guarantee Scheme (RIGS), to boost new investment in private rented housing. Developed in consultation with the sector, the scheme seeks to reduce some of the risk that investors see in the emerging build-to-rent market, with potential to attract £0.5 billion of investment and support delivery of around 2,500 new, high quality private rented homes. RIGS guarantees 50 per cent of any gap between actual and projected rental income of a development which will provide greater certainty of rental income to investors and landlords during the initial years of letting. For more information, click here

Homelessness and rough sleeping in Manchester
On 12 October 2017 the DCLG announced that Greater Manchester will receive almost £3.8 million to develop a new city region-wide approach to preventing homelessness and reducing rough sleeping. The funding will be used to develop new services and resources across all boroughs of the region. This will include making hub-based services open 24 hours a day across Greater Manchester and the adoption of a social letting agency approach across Greater Manchester to help those struggling to find secure accommodation. To read the announcement, click here

Houses in multiple occupation
On 11 October 2017 Local Government Lawyer reported that permission has been granted by the Supreme Court for Nottingham City Council to appeal against the Court of Appeal’ s decision in Nottingham City Council v Dominic Parr Trevor Parr Associates Ltd [2017] EWCA Civ 188 to reject the authority’s challenge to terms in Houses in Multiple Occupation (HMO) licences restricting the occupation of bedrooms to a particular type of occupier. For Local Government Lawyer’s report, click here 

HOUSING LAWS IN THE PIPELINE

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

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill seeks to abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolish the preserved right of eligible former secure tenants to buy their home at a discount under section 171A of the Housing Act 1985 (Preserved Right to Buy); abolish the right of eligible assured or secure tenants of a registered social landlord or private registered provider to acquire their home at a discount under section 16 of the Housing Act 1996 (Right to Acquire); and encourage social landlords to build or acquire new homes for rent, the Right to Buy, Preserved Right to Buy and Right to Acquire will not be exercisable by tenants who move into new social housing stock more than two months after the Bill receives Royal Assent, subject to certain exceptions. The Bill completed Stage 2 on 5 October 2017. Stage 3 commenced on 6 October 2017. Amendments may now be tabled 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 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

NEW HOUSING CASES

London Borough of Waltham Forest v Reid [2017] UKUT 396 (LC)
The London Borough of Waltham Forest (‘the Council’) appealed to the Upper Tribunal against a decision of the First Tier Tribunal (‘FTT’) concerning the grant of private rented property licences pursuant to Part 3, Housing Act 2004.

Part 3, Housing Act 2004
By s.80 a local housing authority may designate either the area of their district, or an area in their district, as subject to selective licensing where either:

1. The area is, or is likely to become, an area of low housing demand and that making a designation will… contribute to the improvement of the social or economic conditions in the area: s.80(3).
   
2. The area is experiencing a significant and persistent problem caused by anti-social behaviour, that some or all of the private sector landlords who have let premises in the area… are failing to take action to combat the problem that it would be appropriate for them to take; and that making a designation will… lead to a reduction in, or the elimination of, the problem: s.80(6).

Applications are made to the local housing authority, which may charge a fee: s.87.  By s.88(3) the local housing authority may grant a licence where they are satisfied, inter alia; that the proposed licence holder is a fit and proper person to be the licence holder; that the proposed manager of the house is a fit and proper person to be the manager of the house; and that the proposed management arrangements for the house are otherwise satisfactory.

A licence may include such conditions as the local housing authority consider appropriate for regulating the management, use or occupation of the house concerned: s.90(1). A licence may be grated for no more than 5 years: s.91(4) and it may subsequently be varied or revoked: ss.92-93.

By s.95(1) a person commits an offence if he is a person having control of, or managing, a house which is required to be licensed under this Part but is not so licensed.

Background
With effect from 1st April 2015 the whole of the London Borough of Waltham Forest was designated by the Council as an area subject to selective licensing. Unless renewed, the designation will end on 31st March 2020.

The Council would normally grant a licence for ‘the full term’ i.e. until 31st March 2020 but in some circumstances it would grant a shorter licence period of one year.

Mr Reid was the freehold owner of various properties. The properties were let to residential tenants. In June 2016 Mr Reid pleaded guilty to failing to license five of his properties. He was fined £10,000 plus costs.

In September 2016 the Council granted Mr Reid licences for one year in respect of eight properties and reduced the term of a licence in respect of another property to one year.

Mr Reid appealed to the FTT. He contended that the licences should have been granted until 31st March 2020.

The FTT decision
The FTT allowed Mr Reid’s appeal and extended the licence in respect of each property so that each licence expired on 31st March 2020.

The FTT noted the Council’s policy in respect of shorter licences which stated:

• ‘The grant of a shorter licence … will in all cases reflect concern that the Council has regarding a "person" and/or a property to the extent that a full-term licence is not appropriate. The shorter licence period will penalise the landlord since a new licence application will need to be made at its expiry after one year. However, the grant of a licence will enable the address to be legally rented, allowing the landlord to remedy the issue that gave rise to the reduced-term licence or for a relevant conviction to become spent.’

It did not accept that the conviction was relevant to the length of the licence. In its view, the conviction was only relevant to the question whether Mr Reid was a “fit and proper person”.   It did not accept that it was appropriate to grant a reduced term licence simply to allow “a relevant conviction to become spent”. In its view this was the only justification under the Council’s policy for the grant of a one-year licence and in its view the policy was unreasonable.

The Council appealed to the Upper Tribunal

The Upper Tribunal decision
His Honour John Behrens held that the Council was plainly entitled to consider matters relevant to the question whether a landlord is a fit and proper person when determining the duration of the licence.

However, the extent to which such matters are relevant to that question was fact sensitive. It was difficult to see in this case how the justifications given in the policy document were relevant. There were not any ongoing issues in need of resolution and the fact that a conviction was not spent did not seem to be relevant to the length of a licence.

The policy of the Council in relation to the grant of licences was perfectly reasonable save for the references to the convictions becoming spent. Convictions resulting in a fine are spent after one year. Thus, the reference to spent convictions in the policy appears to lead to conclusion that any conviction however relevant will automatically lead to a reduced licence of one year. Such a policy was unreasonable.

The FTT had made no error of law and reached a conclusion that was open to it on the evidence. The Council’s appeal was dismissed.

Summary by Alice Richardson, barrister, Arden Chambers and Trinity Chambers.

For the full judgment click here.

HOUSING LAW CONSULTATIONS

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

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

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

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

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

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

HOUSING LAW ARTICLES & PUBLICATIONS

Changes could make life easier for millions renting in private sector Priya Thethi [2017] CIH Online 10 October. To read this article, click here

The housing crisis will only get worse until England scraps right to buy Jonathan Manns [2017] Guardian 11 October. To read this article, click here

BAME homelessness matters and is disproportionately rising – time for the Government to act Deborah Garvie [2017] Shelter Blog 11 October. To read this article, click here

Stories behind the stats – what’s really going on behind the homelessness figures? Yoric Irving-Clarke [201] CIH Online 11 October. To read this article, click here

Homelessness has surged for seven years. And it’s clear who’s to blame John Harris [2017] Guardian 13 October. To read this article, click here

The absolute ground and requests for a review Tina Conlon [2017] Local Government Lawyer 13 October. To read this article, click here

Everyone who lives in social housing needs action, not this chaos Dawn Foster [2017] Guardian 13 October. To read this report, click here

Out in the cold: time to axe the Legal Aid Agency? Jon Robins [2017] New Law Journal 13 October. To read this article, click here

The private sector has failed. Only councils can be trusted to build the homes we need Rabina Khan [2017] Guardian 16 October. To read this article, click here

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

HOUSING LAW DIARY

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)

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

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RECRUITMENT

Featured Job of the Week

Asset Manager
Red Kite Community Housing

Closing date: 12 noon on Monday 23rd October 2017
Interview date: Thursday 2nd November 2017

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London Borough Of Havering
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Watford Community Housing Trust
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Nuneaton & Bedworth Borough Council
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Bath & North East Somerset Council
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Crawley Borough Council
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Crawley Borough Council
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Hackney Council
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Merton Council
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Merton Council
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Midland Heart
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Notting Hill Housing
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Royal Borough of Greenwich
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