25th January 2017
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HOUSING LAW NEWS & POLICY ISSUES

Homes and Communities Agency

On 19 January 2017 the House of Commons Communities and Local Government Committee published a response from the Homes and Communities Agency to its report on housing associations and the Right to Buy. For the response, click here For the Committee’s report, click here

Civil legal aid
On 20 January 2017 the Legal Aid Agency published a headline intentions document setting out its approach for civil legal aid contracts from 2018. It is intended to award new contracts with services starting from 1 April 2018. The new contracts will be for specialist legal advice delivered both face to face and via the Civil Legal Advice telephone helpline. As part of the initiative a government policy consultation has been launched in respect of the Housing Possession Court Duty Scheme (see Housing Law Consultations). For the headline intentions document, click here

Housing market: National Audit Office overview
On 19 January 2017 the National Audit Office published an overview of the housing market in England, the DCLG’s housing strategy and the overall housing policy landscape. It notes that the need for housing in England has in recent years grown faster than its supply. Amyas Morse, head of the National Audit Office, commented: “The need for housing in England has in recent years grown faster than its supply, and housebuilding needs to increase across the country. The government has responded to this by putting in place a range of policies to increase housing supply and home ownership. Central to this is an ambition to increase the supply of housing by one million homes by 2020, largely through support to private housebuilders. Delivery of this target will not require a substantial increase in current levels of housebuilding.” For the report, click here For a summary, click here

Private sector rents
On 19 January 2017 the Residential Landlords Association highlighted the finding in the National Audit Office overview of housing (see above) that ‘since 2006, the cost of private rented accommodation has broadly followed changes in earnings across England’ whilst ‘social housing rents have increased faster than earnings since 2001-02.’ It does, however note that the exception to this is in London, where rents are rising much faster. The RLA is warning that this is a result of a chronic shortage of homes across all tenures in the capital and that there will be further pressure on market rents as a result of the forthcoming changes to mortgage interest relief. For the news item, click here

Homelessness – Scotland
On 20 January 2017 the Scottish Minister for Local Government and Housing, Kevin Stewart MSP, expressed support for the call by Crisis and Glasgow Homelessness Network's (GHN) for a new sector-led centre to tackle homelessness through evidence-based solutions. The establishment of the centre was recommended by a newly published report, Ending homelessness faster by focusing on ‘what works’. Based on consultations with more than 200 experts, including people with experience of homelessness, the report said that such a centre would 'unite organisations in building the infrastructure needed to work towards a future without homelessness'. For the announcement of support and summary of the report, click here

Affordable homes – London
On 24 January 2017 the London Assembly Housing Committee were due to meet to discuss the Mayor’s Affordable Housing and Viability Supplementary Planning Guidance and the Mayor’s Funding Guidance up to 2021. In particular, it and invited guests asked: will the new arrangements speed up the delivery of affordable homes and increase their supply? Is the Mayor funding the right range of homes and will they really be affordable? And what effect will the new approach have on land values and ‘build to rent’ schemes? For more details, click here

Managing public funds
On 23 January 2017 HM Treasury published an updated version of Managing public money which sets out guidance and specific rules and conventions about how certain matters are handled in order to ensure that public funds are not misused and policies, programmes and projects work smoothly and serve their intended purposes. For the document, click here

Ban on letting fees
On 19 January 2017 Lord Bourne of Aberystwyth, on behalf of the Government, stated in answer to a question by Baroness Grender that the consultation on banning letting agents’ fees to tenants will take place in March/April 2017. For ARLA’s coverage of the announcement, click here For the House of Lords debate, 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 On 17 January 2017 the DCLG announced that councils would receive a further £48 million funding to help deliver new and expanded services under the Bill; for the announcement, click here and for the Local Government Association’s response to the announcement, click here The Bill completed its Committee stage on 18 January 2017. The Report stage will take place on 27 January 2017.For the Bill as amended in Committee, click here For progress of the Bill, click here For all the debates on all stages 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 The House of Commons Library briefing paper on the Committee Stage of the Bill is being prepared.

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


London Borough of Hackney v Haque
[2017] EWCA Civ 4
Having accepted that Mr. Haque was vulnerable by reason of physical disability and mental ill health and therefore in priority need, the London Borough of Hackney (“the Council”) made a single room available to him in a hostel.  Mr Haque complained that the room was unsuitable by reason of particular aspects of his physical and mental condition and sought a s.202 Housing Act 1997 review. The Council’s reviewing officer decided that the accommodation was suitable and set out reasons in a letter dated 29 September 2015.

That decision was subsequently quashed in the county court because the judge considered that in conducting the review, the reviewing officer had not demonstrated compliance with the Public Sector Equality Duty (“PSED”).  The Council appealed to the Court of Appeal.

Lord Justice Briggs delivered the leading judgment of the Court of Appeal and set out [at para.18] the PSED prescribed by s.149 Equality Act 2010 and concluded that its aim was to “bring equality issues into the main-stream, so that they become an essential element in public decision making” and that the duty was “one of substance rather than form.” In the same way that mere reference to the statutory provision would not of itself evidence performance of the duty; failure to expressly refer to the statute would not of itself evidence non-performance.

His Lordship went on to consider the duties under the Housing Act 1996 and in particular ss.189, 193, 206 and 210 concluding that there was a “substantial but not complete, overlap between those with priority need for accommodation under the Housing Act and those with protected characteristics under EA s.149(7).”

Lord Justice Briggs identified “the sharp focus required of the decision maker upon the relevant aspects of the PSED where it is engaged by the contextual facts about each particular case.

His Lordship sets out (at para.43] what in the context of this case, the PSED as set out in s.149 Equality Act 2010 was required of the reviewing officer on the particular facts of this case.

The PSED required the reviewing officer to “apply sharp focus upon the particular aspects of Mr Haque’s disabilities and to ask himself with rigour, and with an open mind, whether the particular disadvantages and needs arising from them were such the (the room) was suitable as his accommodation.”

The reviewing officer had been obliged to “apply rigour” to the question as to whether Mr Haque’s challenges to the suitability of the room in the same way as any other suitability review, whether or not initiated by someone with protected characteristics. 

It was wrong to require the reviewing officer to “spell out in express terms reasoning about whether an applicant does or does not have a protected characteristic, whether the PSED duty is in play and if so with what precise effect, even though the adoption of a disciplined approach may in some cases put the issue of compliance with the PSED beyond a reasonable doubt.”

His Lordship considered that it was plain from reading the reviewing officer’s decision as whole that he had appreciated that Mr Haque suffered from a relevant disability.  He had also sufficiently focused on the “consequences of those impairments in terms of the disadvantages which he might suffer in using” (the room).  There had been a “rigorous focus upon Mr Haque’s particular needs and whether they called for accommodation different in size, situation or accessibility to visitors” than that which the room offered.

His Lordship indicated that “allocation of scarce resources among those in need of it calls for tough and, on occasion, heartbreaking decision making; but having to say no to those deserving sympathy by no means betokens a failure to comply with the PSED.”

The Council’s appeal was allowed and the review decision that the hostel room was suitable for Mr. Haque’s needs would be reinstated. For the full judgment click here.

Whistle Blower helps Thurrock Council secure unlawful sub-letting conviction
Two defendants (one of whom was a former employee of Thurrock Council) have been convicted at the Old Bailey of unlawful subletting in respect of social housing property contrary to the Prevention of Social Housing Fraud Act 2013.  For the Council’s report click here

Newham Council secures conviction of private landlord for harassing tenant
Newham Council reports that its Private Housing Team has successfully secured the conviction of a private landlord at Snaresbrook Crown Court on 13 January 2007. The report indicates that a private landlord harassed a mother and her two children who rented a property from her. The landlord was ordered to undertake 175 hours of community service and it is reported that the judge indicated that she will also face a substantial fine. For the Council’s full report click here
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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 Possession Court Duty Scheme: Commissioning Sustainable Services
This is a consultation on a competitive tendering approach for the Housing Possession Court Duty Scheme which will consolidate the current number of schemes through joining courts allowing for larger and more sustainable contracts for providers. Providers will offer their services at a price, without an administrative cap or floor, that reflects the costs of delivery in their local area and represents a fair market price for the work carried out whilst maintaining a quality service. For the consultation document, click here To participate in the consultation, click here The consultation closes on 7 March 2017. Results are expected by 28 April 2017.
HOUSING LAW ARTICLES & PUBLICATIONS

Homelessness decisions and the PSED
Kelvin Rutledge QC and Ryan Kohli [2017] Local Government Lawyer 19 January. To read this article, click here

So now Gopee, walk out the door Giles Peaker [2017] Nearly Legal 17 January. To read this article, click here

Migrants aren't to blame for the housing crisis, Theresa May Dawn Foster [2017] Guardian 20 January. To read this article, click here

Housing benefit claimants increasingly shut out of private rental market Rupert Jones [2017] Guardian 21 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

UK council cuts will lead to more people sleeping rough, charities say Patrick Butler and Sandra Laville [2017] Guardian 21 January. To read this article, click here

Preventing homelessness costs Deborah Garvie and Jenny Pennington [2017] Shelter Blog 23 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
Homelessness Reduction Bill; report stage (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)

23 February 2017
Consultation closes on Proposals to extend coverage of the Freedom of Information (Scotland) Act 2002 to registered social landlords (see Housing Law Consultations)
RECRUITMENT


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Senior Tenancy Support Officer
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Housing Needs Officer
Brighton & Hove City Council
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Project Worker - Lewisham Vulnerable Adults Accommodation Service
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Rent Income Recovery Officers (x4)
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Senior Income Recovery Officer – (Temporary Accommodation)
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Solicitor/Lawyer X2
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