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Book your place at Lime Legal’s Homelessness Conference 2017
Law & Best Practice

The major annual Conference addressing key changes in Homelessness work
Wednesday 11 October 2017, London.

For the full programme and speaker details click here

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HOUSING LAW NEWS & POLICY ISSUES

Green paper on social housing
On 19 September 2017, in a speech to the National Housing Federation, Sajid Javid, the Secretary of State for Communities and Local Government, announced that the Government would bring forward a green paper on social housing in England which would be ‘a wide-ranging, top-to-bottom review of the issues facing the sector’. He said that the green paper would be ‘the most substantial report of its kind for a generation’ and that it would cover: the overall quality of social homes; service management; the rights of tenants and how their voices can be better heard; and ‘what can be done to ensure their complaints are taken seriously and dealt with properly, and make sure tenants have clear, timely avenues to seek redress when things do go wrong’. For the text of the Secretary of State’s speech, click here For the response of the Local Government Association, click here

Legal aid – proposals for reform
On 22 September 2017 the Bach Commission, which is supported by the Labour Party leadership and the Fabian Society,  called on the government and other political parties to ensure that minimum standards on access to justice are upheld through a new Right to Justice Act. The Commission has found that that cuts to legal aid have created a two-tier justice system where the poorest go without representation or advice. The proposed Right to Justice Act would: codify existing rights to justice and establish a new right for individuals to receive reasonable legal assistance without costs they cannot afford; establish a set of principles that guide interpretation of this new right; and establish a new body called the Justice Commission to monitor and enforce this new right. The report also recommends that the government restore legal aid for early legal help to pre-LASPO levels for all social welfare law (which would include, for example, housing, debt, welfare benefits and immigration). For the report, click here

Domestic abuse
On 19 September 2017 Ofsted, the Care Quality Commission, HM Inspectorate of Constabulary and Her Majesty’s Prison and Probation Service published a report on the response for children living with domestic abuse. The report found that a longer-term approach is necessary to prevent and reduce domestic abuse.  The report emphasises that this is more than a task for agencies individually, and requires a societal change in the conceptualisation of domestic abuse among professionals, and between individuals in the public domain. It concludes that while much good work is being done to protect children and victims, far too little is being done to prevent domestic abuse and repair the damage that it does. For the report, click here

Grenfell Tower – letter to former residents
On 19 September 2017 Sajid Javid, the Secretary of State for Communities and Local Government, and Nick Hurd, Minister of State for Policing and the Fire Service, wrote to the former residents of Grenfell Tower with an update on the action being taken by the government in response to the tragedy, along with details of available support and assistance. The letter addressed: plans for the site of the tower and surrounding area, including safety issues; rehousing of former residents; available support; former residents’ views on social housing; and the Public Inquiry. To read the letter, click here

Fire safety and social landlords
On 25 September 2017 the campaign Fire Door Safety Week, which runs from 25 September to 1 October, published research which states that: three months after the Grenfell fire, tenants still feel ‘left in the dark’ when it comes to fire safety; 40 per cent of renters say there is not a clear fire escape route displayed in their building; the majority of tenants (55 per cent) do not feel fully prepared on what to do in the event of a fire; and just 10 per cent of social landlords have been in touch in person since Grenfell to discuss fire safety measures. For more details and to access various free resources, click here

Leasehold dwellings in England – 2015/16
On 21 September 2017 the DCLG (using a new methodology) published a revised estimate of the number of leasehold dwellings in England in 2015/16, including those in the social rented sector. There were an estimated 4.2 million leasehold dwellings in England. This equates to 18 per cent of the English housing stock. Of these, 2.2 million dwellings (53 per cent) were in the owner occupied sector and 1.8 million (43 per cent) were privately owned and let in the private rented sector. The remaining 200,000 (5 per cent) were dwellings owned by social landlords and let in the social rented sector. There were 1.4 million leasehold houses in 2015-16 and 2.9 million leasehold flats. This represents 32 per cent and 68 per cent of the total number of leasehold dwellings respectively. For the estimate, click here For coverage in The Guardian, click here

Housing benefit
On 22 September 2017 the Department for Work and Pensions published HB Bulletin: G9/2017 which includes coverage of: one way automation of the Universal Credit Full Service Housing Benefit Stop Notices; student uprating 2017/18; a reminder in respect of the DCI1 process; discretionary housing payments mid-year monitoring return 2017/18; cases with the Upper Tribunal; and recent statutory instruments. To access the bulletin, click here

Housing law legal aid providers
On 22 September 2017 the Legal Aid Agency published an updated directory of legal aid providers by category of law, including housing law. To access the latest version of the directory, click here

Forces Help to Buy Scheme
On 21 September 2017 the Ministry of Defence published latest statistics for the Forces Help to Buy scheme for August 2017.  449 First Stage applications (ie those which pass initial eligibility checks) were received; 263 Second Stage applications (ie those which pass detailed eligibility checks) were received; 329 payments were made to Service personnel. Since the Scheme began in April 2014: 24,987 First Stage applications have been received; 14,853 of these applications have proceeded to the Second Stage; payment has been made to around 12,200 applicants, totalling around £183.6 million, an average of approximately £15,100 per claim. For the full statistics, click here

Leasehold retirement homes
On 22 September 2017 the House of Commons Library published a briefing paper explaining action taken by the Office of Fair Trading and the Law Commission to investigate the fees charged by managing agents or freeholders when a leasehold owner of a retirement flat wants to sell or rent out their home. These fees are often referred to as 'exit' or 'event' fees. For the briefing paper, click here

Local authorities and housing associations
On 25 September 2017 the Chartered Institute of Housing published a best practice research guide – Building Bridges – which recommends that local authorities and housing associations partner more closely in a number of major areas, including new systems to establish affordability in their areas and jointly-funded systems to manage allocations and lettings. The report explores the tensions between the two sets of organisations and makes a series of recommendations on how they could work together more effectively, as well as outlining a series of proposals to government to allow their relationship to thrive. To access the guide, click here For a summary, click here

Affordable homes – London
On 21 September 2017 the Institute for Public Policy Research published a report – Priced Out? The Affordability Crisis in London – which finds that London is failing to deliver the homes it requires to meet housing need (the annual minimum target is 42,000 homes but the average delivery between 2004/5 and 2015/16 has been 31,125). The report also states that the delivery of net additional affordable housing is falling even further short of need than for overall supply – the overall shortfall is 50 per cent under target over a three-year period (2013/14–2015/16). With a new London Plan in development and a new methodology for assessing housing need, it is likely that assessed housing need is only likely to increase, making the shortfall even greater. To read the report and recommendations, click here For a summary, click here

Housing across the generations
On 20 September 2017 the Resolution Foundation published a report – Home Affront: housing across the generations – comparing the housing outcomes achieved by different generations over the life course. The report has found that after those born in 1946-50, every cohort has experienced lower home ownership rates than its predecessor at the same age. Today’s families headed by 30 year olds are only half as likely to own their home as the ‘baby boomer’ generation was at the same age, and home ownership has declined across all regions and income groups. With falling home ownership and a shrinking social rented sector, four out of every ten 30 year olds now live in private rented accommodation – in contrast to one in ten 50 years ago. To read the report, click here For a summary, click here

Homelessness and welfare policy
On 21 September 2017 the Chartered Institute of Housing and the University of Sheffield published research which states that 84 per cent of the 106 councils and 70 per cent of the 50 housing associations (which run 39 per cent of the total housing association stock in England) surveyed, consider that welfare policies, such as the lower benefit cap, are impacting negatively on their work together to tackle homelessness. Nearly half of the housing associations surveyed said that households being unable to pay their rent due to limited welfare assistance was one of the main reasons they had to refuse a nomination. To read the report, click here

HOUSING LAWS IN THE PIPELINE

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

Abolition of the Right to Buy and Associated Rights (Wales) Bill
This Bill seeks to abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy); abolish the preserved right of eligible former secure tenants to buy their home at a discount under section 171A of the Housing Act 1985 (Preserved Right to Buy); abolish the right of eligible assured or secure tenants of a registered social landlord or private registered provider to acquire their home at a discount under section 16 of the Housing Act 1996 (Right to Acquire); and encourage social landlords to build or acquire new homes for rent, the Right to Buy, Preserved Right to Buy and Right to Acquire will not be exercisable by tenants who move into new social housing stock more than two months after the Bill receives Royal Assent, subject to certain exceptions. The Bill is currently at Stage 2 in the Welsh Assembly; Stage 2 began on 19 July 2017 and Stage 2 consideration will take place in Committee on 5 October 2017. The Finance Committee laid its report in respect of the Bill on 28 June 2017. The Equality, Local Government and Communities Committee has undertaken an inquiry into the general principles of the Bill and laid its report on 7 July 2017. The Constitutional and Legislative Affairs Committee laid its report in respect of the Bill also on 7 July 2017. Notice of amendments and a table of the purpose and effect of the government’s amendments were published on 15 September 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.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

HOUSING LAW CONSULTATIONS

Fees charged to tenants in the private rented sector – Wales
This consultation seeks views on what action the Welsh Government should take to end unfair fees charged to tenants. Examples given in the consultation document of activities for which fees are charged are: accompanied viewings; pre-tenancy negotiation; producing the tenancy agreement; producing guarantor forms, if applicable; completing reference reports; obtaining / verifying all safety certificates; protecting the deposit and issuing documentation; processing move in monies and signing documentation; issuing the inventory and schedule of property; amending tenancy agreements; renewing tenancy agreements; early termination; and moving out. The consultation seeks views on the nature and level of fees being charged to tenants. It seeks to determine which fees, if any, are justifiably being charged to tenants. It also seeks information on fees paid by landlords to agents, and also on the possible consequences of banning fees. The consultation closes on 27 September 2017. For the consultation document, click here

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

HOUSING LAW ARTICLES & PUBLICATIONS

Why are housing association flats lying empty when Grenfell survivors need them? David Batty [2017] Guardian 20 September. To read this article, click here

Termination of a Lease: Before the Expiry of an Existing Lease Nichola White [2017] Forbes Solicitors Blog 20 September. To read this article, click here

Supported housing: getting people back onto their own feet Kim Thomas [2017] Guardian 20 September. To read this article, click here

We must improve housing options for older and disabled people Sarah David and Clare Skidmore [2017] CIH Online 20 September. To read this article, click here

Housing Needs: Assessed Or Assumed? Simon Ricketts [2017] Local Government Lawyer 22 September. To read this article, click here

Social housing: haunted by Grenfell, hemmed in by cuts, left in limbo Jane Dudman [2017] Guardian 22 September. To read this article, click here

Lionel Richie and housing law [2017] Nearly Legal 24 September. To read this article, click here

Universal credit is a social policy disaster in the making Priya Tethi [2017] Guardian 25 September. To read this article, click here

Response to CLG’s consultation on Tackling Unfair Practices in the Leasehold Market Anthony Collins [2017] Anthony Collins Solicitors 25 September. To read this article, click here

It’s housing that matters, stupid Tony Devenish [2017] Conservative Home 26 September. To read this article, click here

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

HOUSING LAW DIARY

27 September 2017                  
Consultation closes on fees charged to tenants in the private rented sector – Wales (see Housing Law Consultations)

1 October 2017                        
Various changes to the Civil Procedure Rules 1998 come into force, including those relating to eviction because of immigration status

11 October 2017                       
Lime Legal’s Homelessness Conference 2017: Law & Best Practice
Click here for details

5 October 2017                        
Stage 2 Committee consideration of Abolition of the Right to Buy and Associated Rights (Wales) Bill (see Housing Legislation in the Pipeline)

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)

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RECRUITMENT

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