|
HOUSING LAW NEWS & POLICY ISSUES
|
|
|
How to rent guide
On 9 July 2018 the MHCLG published an updated version of its How to rent guide which it has re-titled How to rent: the checklist for renting in England. The guide itself emphasises that it will be frequently updated. For the updated guide, click here For an article by London Property Licensing about the importance of issuing the correct version, click here For a further article on Nearly Legal, click here
New Minister of State for Housing
On 9 July 2018 the MHCLG announced that Kit Malthouse had been appointed Minister of State for Housing. He was previously Parliamentary Under-Secretary of State for Family Support, Housing and Child Maintenance at the Department for Work and Pensions from 9 January 2018 to 9 July 2018. He was elected as Conservative MP for North West Hampshire in May 2015. For a brief biography of Mr Malthouse, click here
Leaseholders’ right to manage
On 4 July 2018 the Law Commission announced that it had been asked by the Communities Secretary, James Brokenshire, to look at improving the laws which allow leaseholders to manage their own buildings. The Law Commission notes that the legislation on Right to Manage is meant to put power in leaseholders’ hands and stop abuse, by allowing some leasehold property owners to take over the management of a building. However, issues with the law have stopped its usage becoming widespread. Furthermore, those who have taken up the option have found delays, costs and uncertainty.
The 12-month Law Commission project will start now and a public consultation on provisional proposals will be launched later in the year. For more information, click here
Universal Credit landlord engagement newsletters
On 4 July 2018 the Department for Work and Pensions announced that it will henceforth publish quarterly Universal Credit newsletters which will provide information to social and private landlords about Universal Credit. For the first newsletter, click here
Rent a room relief
On 6 July 2018 HM Treasury and HMRC published the government’s response to the consultation on rent a room relief. Rent a room relief allows individuals to earn up to £7,500 tax free from letting out furnished accommodation in their main or only residence. The government will retain rent a room relief at its current level.
However, in order to clarify the purpose of the relief and ensure it is better targeted to achieve its original objective of incentivising the use of spare rooms, the government will introduce a new ‘shared occupancy test’. The new test, set out in accompanying draft legislation, will require the taxpayer to be living in the residence and physically present for at least some part of the letting period, for the income to qualify for relief. The government invites comments and submissions on the proposal for a new shared occupancy clause, before its introduction in Finance Bill 2018-19 which will come into force on 6 April 2019.
For the consultation outcome, click here
Communities Secretary appears before Housing, Communities and Local Government Committee
On 9 July 2018 the Communities Secretary, James Brokenshire, appeared before the Housing, Communities and Local Government Committee to answer questions about the work of his department. To view the session, click here
Legal aid and housing cases
On 5 July 2018, the new President of the Law Society, Christina Blacklaws, stated in her inaugural address that one of the priorities of her term of office would be to improve access to justice. She reiterated the Law Society’s call for legal aid to be reinstated for family and housing cases. For the address, click here
Housing adaptations for elderly residents
On 6 July 2018 the Centre for Ageing Better published a report – Homes that help: A personal and professional perspective on home adaptations – which found that older people with health conditions and mobility issues are delaying making vital changes to their homes, such as installing handrails and ramps, due to the off-putting and stigmatising appearance of products, as well as the complexity in getting support and information. It concluded that participants with reduced mobility often made the decision to install equipment and adapt their homes too late.
For the report, click here For the Local Government Association’s response, click here
Insolvency provisions in respect of housing associations
As from 5 July 2018 the Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018 brought into force provisions of the Housing and Planning Act 2016 relating to insolvency of registered providers of social housing. The provisions within Chapter 5 of Part 4 of the Act enable the appointment of a housing administrator whose two objectives are normal administration of the registered provider and keeping housing in the regulated sector. That Chapter also imposes restrictions on other insolvency procedures in relation to private registered providers of social housing.
Schedule 6 to the Act makes amendments to provisions relating to the commencement of a moratorium and introduces the ability to end a moratorium by the making of a housing administration order. It also changes the relevant time periods for moratoria to 28 calendar days.
There are also transitional and saving provisions. For the Commencement Regulations, click here For the 2016 Act, click here
Statutory homelessness in England: research briefing
On 6 July 2018 the House of Commons Library published a research briefing providing statistics on statutory homelessness in England and explaining local authorities' duties to assist homeless households. The paper includes an overview of, and comment on, Government policy in this area. To read the briefing, click here
Social housing and employment
On 9 July 2018 the Centre for Social Justice published a report – Social housing and employment: Helping social housing be the springboard to a better life – which states that the drive to increase housing supply “should not come at the cost of decreased support and incentives for housing associations to run life-changing initiatives that help disadvantaged residents enter the labour market and gain greater independence”.
The report recommends that the Government should:
- Ensure that the Regulator of Social Housing recognises and better utilises social housing providers’ potential to run transformative employment programmes;
- Develop a framework for closer partnerships between the Department for Work and Pensions and housing associations, in order to deliver bespoke employment support to social residents distant from the labour market;
- Grow the knowledge base by championing a national body for best practice which builds on existing membership organisations, and develop a rigorous and shareable model for evaluation; and
- Equip housing associations with the means to commission partners that can contribute social value, through a modern digital platform.
For the report, click here
Housing health and safety rating system
On 5 July 2018 the Chartered Institute of Environmental Health criticised the Government’s response to a select committed report on the private rented sector (see Housing Law Week dated 4 July 2018), following the government’s refusal to take on key recommendations. The Government’s response to the committee’s report said: “We recognise that the methodology and associated guidance for the housing health and safety rating system (HHSRS) is now several years old and we will carefully consider whether it needs to be updated. In doing so, we would wish to reflect upon who is best placed, and has the necessary expertise, to carry out such a review.”
Tamara Sandoul, CIEH policy manager, said: “We are bitterly disappointed that the government has decided not to make a decision on the review and update of the HHSRS, an issue that has surfaced throughout the select committee inquiry into the private rented sector. Housing courts rely on this outdated guidance to make their decisions. We urge the government to commit to a full update of HHSRS and to see how it could be improved going forward.”
She added: “We are also disappointed that decisions have not been made on two other key areas of housing safety. The requirement to undertake five-yearly electrical safety inspections and the need to provide a working carbon monoxide alarm for all rented properties with a fuel-burning device have been postponed until a later date. This is simply not good enough and the millions of people currently in the private rented sector expected better.”
For more details, click here
Equality and diversity guide for landlords – Wales
The Residential Landlords Association has published an A-Z guide to equality and diversity for private landlords in Wales. The guide has been produced in order to help landlords understand some of the common experiences that tenants may have so that they are able to support them and maintain their tenancies. For the guide, 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
Homes (Fitness for Human Habitation) 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. On 14 January 2018 the government confirmed that it would support the Bill. It completed its committee stage on 20 June 2018 (when its original title was simplified to that above) and will have its report stage on 26 October 2018. For the Bill as amended in committee, click here For a House of Commons Library research briefing (prepared for the second reading debate), click here . 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
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 26 October 2018. 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 until 26 October 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 26 October 2018. To follow progress of the Bill, click here
Creditworthiness Assessment Bill
This Private Member’s Bill was introduced by Lord Buck and had its second reading in the House of Lords on 24 November 2017. The Bill would require certain matters (including rental payment history) to be taken into account when assessing a borrower’s creditworthiness. For the Bill as introduced, click here The Bill had its committee stage on 11 May 2018 and its report stage on 9 July 2018. It will have its third reading on a date to be announced. For progress of the Bill, click here
Private Landlords (Registration) Bill
This Bill was introduced to Parliament on 17 January 2018 under the Ten Minute Rule. The Bill seeks to require all private landlords in England to be registered. The second reading of the Bill has been postponed to 26 October 2018. For the Bill, as introduced, click here To read the debate on introduction of the Bill, click here To follow progress of the Bill, click here
Leasehold Reform Bill
This Bill, introduced to Parliament on 7 November 2017 under the Ten Minute Rule and sponsored by Justin Madders, makes provision about the regulation of the purchase of freehold by leaseholders; to introduce a system for establishing the maximum charge for such freehold; to make provision about the award of legal costs in leasehold property tribunal cases; and to establish a compensation scheme for cases where misleading particulars have led to certain leasehold agreements. It is scheduled to receive a second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here
Homelessness (End of Life Care) Bill
This Bill, sponsored by Sir Edward Davey, was introduced to Parliament on 7 February 2018 under the Ten Minute Rule. It makes provision about end of life care and support for homeless people with terminal illnesses, including through the provision of housing for such people. The Bill’s second reading has been further postponed to 26 October 2018. For the Bill as introduced, click here To follow progress of the Bill, click here
Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill
This government Bill was given its first reading in the House of Commons on 28 March 2018. It makes provision, where two or more hereditaments occupied or owned by the same person meet certain conditions as to contiguity, for those hereditaments to be treated for the purposes of non-domestic rating as one hereditament; and to increase the percentage by which a billing authority in England may increase the council tax payable in respect of a long-term empty dwelling. The Bill has completed its passage through the House of Commons. It had its first reading in the House of Lords on 16 May 2018 and second reading on 4 June 2018. The committee stage was completed on 19 June 2018 and the report stage on 4 July 2018. The third reading will take place on 18 July 2018. For the second reading debate, click here For the Bill as introduced in the House of Lords, click here For the government’s announcement of the Bill, click here To follow progress of the Bill, click here
Tenant Fees Bill
This government Bill makes provision for prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; makes provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; and amends the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents and the provisions of the Housing and Planning Act 2016 about client money protection schemes. It received its first reading on 2 May 2018 and its second reading on 21 May 2018. For the second reading debate, click here The Bill will next be considered at report stage on a date to be announced. For the Bill as introduced, click here For the impact assessment, click here For a research briefing prepared for the report stage, click here To follow progress of the Bill, click here
Housing and Planning (Local Decision-Making) Bill
This Private Member’s Bill seeks to remove powers of the Secretary of State in relation to the location of and planning permission for new housing developments; to give local authorities powers to establish requirements on such developments in their area, including requirements on the proportion of affordable and social housing. It received its first reading on 13 March 2018 and is due to receive its second reading on 26 October 2018. The Bill is being prepared for publication. To follow progress of the Bill, click here
Renting Homes (Fees etc.) (Wales) Bill
This Welsh Government Bill includes provision for: prohibiting certain payments made in connection with the granting, renewal or continuance of standard occupation contracts; and the treatment of holding deposits. The Bill is currently at Stage 1. For the Bill, as introduced, associated information and to follow its progress, click here
|
|
Make Sure you Keep Up to Date with Housing Law Week
|
Don’t miss out on your weekly updates!
Sign up here now to ensure you receive your own free copy of Housing Law Week straight to your desktop each week. |
|
|
|
|
HOUSING LAW CONSULTATIONS
|
|
|
Consultation on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) – Scotland
The Scottish Government says that consultation on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) will be a critical part of Energy Efficient Scotland, and realising its vision that by 2040 homes and buildings will be ‘warmer, greener and more efficient’. When EESSH was launched in 2014, a review was proposed for 2017 to assess progress towards the 2020 target and consider future milestones beyond 2020. Phase 1 of the Review assessed progress and concluded with publication of revised EESSH Guidance for Social Landlords in December 2017. Phase 2 of the Review considered milestones and activity post 2020, with the EESSH Review Group recommending the proposals set out in this public consultation. The Scottish Government wants to hear views on these proposals for new milestones for the Energy Efficiency Standard for Social Housing. Responses will help inform how the government continues to improve energy efficiency in social housing in Scotland. The consultation closes on 27 July 2018. For the consultation document, click here
Consultation on banning the use of combustible materials in the external walls of high-rise residential buildings.
This consultation is seeking views on proposals to revise the building regulations to ban the use of combustible materials in the inner leaf, insulation and cladding that are used in external wall systems on high-rise residential buildings. The consultation closes on 14 August 2018. For the consultation paper click here For details of the various ways in which to respond to the consultation click here
Consultation on overcoming the barriers to longer tenancies in the private rented sector
This consultation invites view and comments on the benefits and barriers of landlords offering longer tenancies. The government is also seeking views on its proposed model for a 3-year tenancy with a 6-month break clause, and the options for implementing this. The model is designed to give tenants certainty over rents, and retains the flexibility that many desire. The consultation closes on 26 August 2018. For the consultation document, click here
Rent a room relief
On 6 July 2018 HM Treasury and HMRC published the government’s response to the consultation on rent a room relief. Rent a room relief allows individuals to earn up to £7,500 tax free from letting out furnished accommodation in their main or only residence. The government will retain rent a room relief at its current level.
However, in order to clarify the purpose of the relief and ensure it is better targeted to achieve its original objective of incentivising the use of spare rooms, the government will introduce a new ‘shared occupancy test’. The new test, set out in draft legislation accompanying the response, will require the taxpayer to be living in the residence and physically present for at least some part of the letting period, for the income to qualify for relief. The government invites comments and submissions on the proposal for a new shared occupancy clause, before its introduction in Finance Bill 2018-19 which will come into force on 6 April 2019. The closing date for submissions is 31 August 2018.
For the consultation outcome, click here
|
|
HOUSING LAW ARTICLES & PUBLICATIONS
|
|
|
Confusion over the Homelessness Reduction Act could undermine its effectiveness, Sadhari Perera, Legal Action July 2018 – to read the article click here
Social Housing and Employment: Helping social housing be the springboard to a better life, The Centre for Social Justice July 2018 – to read the report click here
The roots of the rural housing crisis Rose Grayston, Shelter blog 6 July 2018 – to read the article click here
What does the government’s longer tenancies announcement mean? (part 1) John Bibby, Shelter blog 5 July 2018 – to read the article click here
|
|
18 July 2018
Third reading of Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill (see Housing Laws in the Pipeline)
27 July 2018
Consultation closes on the Energy Efficiency Standard for Social Housing post-2020 (EESSH2) – Scotland (see Housing Law Consultations)
|
|
Advertise your vacancy to Housing Law Week Readers
Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk
|
|
Featured Jobs of the Week
Housing Needs Officers x 4
Barnet Homes
Job reference: TBG000653
The Housing Options Service at Barnet Homes currently recruiting four Housing Needs Officers to provide housing and homelessness advice, with an emphasis on preventing homelessness in one of the most popular places to live in London.
Closing date is Sunday 22nd July 2018
Assessments and interviews will be held on the 27th and 30th July 2018.
To apply, please click here and scroll down
Crawley Borough Council
Senior Housing Options Officer
Salary dependent on experience: £33,376 to £35,756 per annum with an additional Standby Category B Payment (£975.21 per annum)
An exciting opportunity has arisen in this new post for an experienced and highly motivated Senior Housing Options Officer to assist the Housing Options Team Leader in managing the increased demands and new duties placed upon the Service by the Homelessness Reduction Act 2017.
The Housing Options Service is responsible for preventing and relieving homelessness and investigating and assessing the Council’s duties to customers who are homeless or threatened with homelessness under its statutory duties. You will be responsible for assisting the Housing Options Team Leader to monitor and co-ordinate the workflow through the service to ensure it can respond flexibly to demand. Problem solving, complex case management, undertaking s.202 Reviews, service improvement and drafting policies and procedures will be a key component of your work.
A significant amount of the post holder’s time will be spent undertaking s.202 reviews - therefore we are looking for someone who has previous experience in undertaking reviews within statutory requirements. You will also need experience and knowledge of housing law and its practical application to provide support and guidance to team members on legal and complex casework issues. You will also be required to communicate clearly and sensitively with a wide range of customers, colleagues and stakeholders.
You will have the opportunity to help shape the future of the service by mapping the customer journey through the service and analyse demands and outcomes to make recommendations for service improvement along with training and development recommendations. You will assist the Housing Options Team Leader to implement these changes.
You will be an excellent communicator and facilitator to achieve an excellent customer and staff experience through coaching, continuous service improvement and best practice. With a keen eye for detail, you will be articulate and numerate with a high standard of IT competence and confidence. You also need to be self-motivated and able to work under pressure.
We offer a tailored induction and training programme, opportunities for learning and development as well as a good pension scheme and flexible working hours.
Please quote reference: ES48
Closing date: 29 July 2018
Interview date: 7 August 2018
Click here for details
|
|
Affordable Housing Relationship Manager
|
|
|
| |
|
| |
|
Housing Allocations Officer x 2
|
(12 month fixed term contract)
LB of Bromley
Click here for details
|
| |
|
| |
|
Housing Policy and Performance Officer
|
|
|
| |
|
| |
|
Housing Assistant / Housing Officer
|
|
|
| |
|
| |
|
Housing Coordinator
|
(Two Year Fixed Term Contract)
Rugby Borough Council
Click here for details
|
| |
|
| |
|
Housing Apprentice
|
Brighton & Hove City Council
Click here for details
|
| |
|
| |
|
Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B
|
|
|
|
|
