HOUSING LAW NEWS & POLICY ISSUES

Mandatory fixed-term tenancies
In a written statement to the House of Commons on 4 September 2018, the Communities Secretary James Brokenshire announced that the government is “proposing not to implement the provisions in the Housing and Planning Act to make fixed-term tenancies mandatory for local authority tenants at this time”. he added:

“We recognise the benefits of fixed-term tenancies in the right circumstances to help social landlords make best use of their housing stock and that flexibility will remain. But we remain keen to ensure that victims of domestic abuse do not risk losing their lifetime tenancy if they are granted a new tenancy after fleeing abuse. We will bring forward new legislation to ensure that councils honour their lifetime tenancy in these cases.”

For the written statement, click here

Man jailed for largest Grenfell fraud yet
On 7 September 2018 the Crown Prosecution Service reported that a fake Grenfell survivor caught with large amounts of drugs in his hotel after falsely claiming almost £90,000 worth of emergency accommodation, has been jailed for six years and eight months. It is the largest known convicted Grenfell fraud so far.

Yonatan Eyob was sentenced at Isleworth Crown Court after he admitted falsely claiming to have escaped a flat where five others perished. Eyob claimed he had been lodging in the flat with a friend for six months. He was given emergency accommodation at the Holland Park Hilton between July 2017 and June 2018. The overall cost to Kensington and Chelsea council was £86,831.56, including £15,918.20 on pre-paid debit cards to pay for food.

For the CPS report, click here

Man sentenced for £50,000 Grenfell Tower fraud
On 6 September 2018 the Crown Prosecution Service reported that a man who claimed that he escaped the Grenfell fire and then claimed more than £50,000 in emergency accommodation has been jailed for three years and two months.

The man is reported to have been sentenced at Isleworth Crown Court after pleading guilty last month to two counts of fraud against Kensington and Chelsea council and the Rugby Portobello Trust charity. He went to a survivor centre after the fire and claimed he was living with an elderly woman in a 7th floor flat in the months running up to the tragedy, and that he had escaped the building at 4am. He was given £260 in emergency cash, a £249.99 Google Chromebook laptop and nine months’ free accommodation at a £155 a night hotel in Marble Arch, worth a total of £53,456.76.

For the CPS report, click here

Rough sleepers: funding allocated for council initiatives
On 5 September 2018 the MHCLG set out plans to fund 83 areas with the highest numbers of people at risk of rough sleeping over the next two years. Following the launch of its Rough Sleeping Strategy last month, the government announced provisional allocations of a £34 million fund to provide local support for those living on the streets. Councils across England with the highest numbers of rough sleepers will receive a share of the funding to back ongoing initiatives in their area, such as dedicated support teams and securing additional bed spaces. It is an extension of the £30 million that was provided to councils in June through the Rough Sleeping Initiative Fund. For the announcement, click here For the Local Government Association’s response, click here

Unfair letting fees: further protections for tenants
On 5 September 2018 the MHCLG announced amendments to the Tenant Fees Bill which provide that tenants in the private rented sector will no longer be forced to pay excessive fees for minor damages. Under the new default fee provision, a landlord or agent will only be able to recover reasonable incurred costs, and must provide evidence of these costs to the tenant before they can impose any charges. Other amendments to the Bill brought forward by the government include taking steps to ensure tenants recover their money quickly by reducing the time limit by which landlords and agents must pay back any fees that they have unlawfully charged. For the Bill, as introduced in the House of Lords, click here For details of progress of the Bill, see Housing Laws in the Pipeline (below).

Additional housing revenue account borrowing programme: prospectus
On 6 September 2018 the MHCLG announced that the closing date for submitting bids to the additional housing revenue account borrowing programme has been extended from 7 September to 30 September 2018. For the prospectus documents, click here

Civil court activity April to June 2018
On 6 September 2018 the Ministry of Justice published statistics relating to civil cases between April and June 2018. Mortgage and landlord possession claims in the county court decreased by 9 per cent, to 33,900, compared with the same period in 2017. Such claims have been declining since a peak of nearly 60,000 in January to March 2014. Mortgage and landlord possession defences decreased by one per cent. For the full statistics, click here

Possession orders: change to the Civil Procedure Rules
The Civil Procedure (Amendment No 3) Rules 2018, which come into force on 1 October 2018, make various changes to the Civil Procedure Rules 1998. In particular, rule 8 amends rule 83.2(3)(e) of the 1998 Rules to alter the permission requirements for the issue of writs or warrants following suspended orders (including suspended possession orders), to remove the requirement for permission where breach of the order was by way of failure to pay money. For the Amendment No 3 Rules, click here For the 1998 Rules, click here

The growth in short-term lettings – England
On 6 September 2018 the House of Commons Library published a research briefing paper examining the growth in short-term lettings through online peer-to-peer platforms. It outlines the positive impacts of the accommodation sharing economy, and growing concerns about the adverse effects of high levels of short-term lettings in some areas. The paper discusses calls from some sectors for greater regulation of short-term lettings in England, and provides a brief overview of the regulatory approaches in other countries. For the briefing, click here

Millions of private housing tenants are being failed: review by York’s Centre for Housing Policy
On 10 September 2018 the University of York’s Centre for Housing Policy published a review – The Evolving Private Rented Sector: its Contribution and Potential – which states that changes to welfare reform are creating a ‘slum tenure’ at the bottom end of the market. The authors, Dr Julie Rugg and David Rhodes, suggest the introduction of a 'Property MOT' – operating in a similar way to that which exists for cars – in which all properties let for residential purposes would be required to undergo an annual standardised inspection.

The main findings in the review include:

• Current regulation of the sector is ‘confused and contradictory’ and ‘failing at multiple levels’. Opportunities for linkage and simplification are being missed, with tenants and landlords unsure of their rights and responsibilities.
• Poor conditions are a problem at both ends of the market – one in five homes let at the top 20% of rents are non-decent, to one in three let at the bottom 20 per cent. Conditions get worse the longer tenants are in their property, indicating that poor property management rather than old housing stock is the root cause.
• Changes to welfare reform are creating a ‘slum tenure’ at the bottom end of the market as more tenants are unable to afford to meet their current rent levels or find accommodation without the help of statutory or third sector agencies.
• Policy interventions are increasingly focused on helping higher and middle-income renters priced out of the ownership, with little or no help for those on low incomes.

To read the review, click here To read a summary, click here

Home ownership and public sector workers
On 9 September 2018 UNISON published a report which finds that owning a home has become virtually impossible for many public sector workers across the United Kingdom. The report Priced Out highlights how saving the money for a deposit on a property (based on first-time buyers being able to save £100 every month for a deposit) would take decades – or more than a century for public sector staff in some parts of London.

For a summary of the report, click here For the report itself, click here

Social housing tenants with mental health problems
On 5 September 2018 Mind, the mental health charity, published a study finding that one in three (33 per cent) people with mental health problems living in social housing is dissatisfied with where they live. In addition, newly analysed data from Mind have shown that more than two in five (43 per cent) of people with mental health problems living in social housing have seen their mental health deteriorate as a result of where they live. The charity wants to see a greater focus on mental health within social housing policy, with a particular focus on addressing stigma and problems with benefits.

For a summary of the report, click here

Legal aid in housing cases
On 4 September 2018 the Equalities and Human Rights Commission published a report looking at the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) since it came into force in 2013. The report includes a number of recommendations, including that legal aid for initial advice in housing cases should be reinstated and that the exceptional case funding scheme should be reformed to provide an effective safety net where the absence of legal aid would otherwise lead to violations of people’s rights.

The Commission also announced that a new inquiry would investigate whether changes to legal aid funding have left some victims of discrimination unable to access justice.

For the report and details of the inquiry, click here

Assessments of external wall cladding systems
On 10 September 2018 the MHCLG published a circular letter sent to building control bodies informing them about issues arising from assessments of external wall cladding systems. In particular, the letter provides guidance on how building control bodies should be assessing compliance with the requirements of Paragraph B4 of Schedule 1 to the Building Regulations 2010 as amended, pending the government’s decision on the outcome of consultations. For the text of the letter, click here

HOUSING LAWS IN THE PIPELINE

Parliament will rise on 13 September and return on 9 October 2018.
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, 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,its report stage on 9 July 2018 and third reading on 18 July 2018. It now goes to the Commons for consideration. 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 and the House of Lords where amendments were tabled at third reading. The Commons will next consider those amendments. For those amendment, click here For the government’s announcement of the Bill, click here For the government’s announcement of its latest proposed amendments, 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. The Bill has completed all its stages in the Commons. It received its first reading in the Lords on 6 September 2018 and is due to receive its second reading on 10 October 2018. For the Bill as introduced in the House of Lords, click here For the impact assessment, click here For a research briefing prepared for the report stage in the Commons, 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 and the Equality, Local Government and Communities Committee is taking oral evidence. For the Bill, as introduced, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

Consultation on fire safety: clarification of statutory guidance (Approved Document B)
The MHCLG is seeking views on the proposed clarification of statutory guidance on fire safety (Approved Document B) that aims to improve usability and reduce the risk of misinterpretation by those carrying out and inspecting building work. The consultation is part of the Government’s response to Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. The consultation closes on 11 October 2018. For the consultation documents, click here

Consultation on A new deal for social housing green paper
The social housing green paper proposes to ensure social homes provide an essential, safe, well managed service for all those who need it. The government says that it will consider how it can re-balance the relationship between residents and landlords to ensure issues are resolved swiftly and residents’ voices are heard. To support this vision there is, in the government’s opinion, a powerful case to be made for strengthening the regulatory framework so that it not only focuses on the governance and financial viability of housing associations, but also on how residents are treated and the level of services they should expect. The government seeks to address the stigma that for too long has been associated with social housing and on which residents all around the country have voiced their concern. The green paper seeks views on the government’s vision for social housing providing safe, secure homes that help people get on with their lives. The consultation closes on 6 November 2018. To access the green paper, click here To respond online, click here

Review of social housing regulation: call for evidence
The social housing green paper set out the government’s intention to carry out a review of regulation of social housing to ensure it remains fit for purpose, reflects changes in the social housing sector and drives a focus on delivering a good service for residents. This call for evidence asks for information on how the regulatory regime is meeting its current objectives – both what works well and what does not. It marks, together with questions in the green paper, the first stage in the review process. The government says that it is keen to hear from a wide range of interested parties including residents, landlords and lenders. The consultation closes on 6 November 2018. For the consultation document, click here To respond online, click here

Use of receipts from Right to Buy sales
The government has expressed its wish to support local authorities to build more affordable homes. This consultation invites views on options to change the rules governing the money raised from Right to Buy sales to make it easier for councils to build more homes. It also seeks views on whether the commitment that every additional home sold (as a result of the increase in discounts in 2012) is replaced on a one-for-one basis nationally should be retained, or reformed to focus on the wider supply of social and affordable housing. The government is keen to hear from local authorities as well as residents and other stakeholders. The consultation closes on 9 October 2018. For the consultation document, click here To respond online click here

HOUSING LAW ARTICLES & PUBLICATIONS

Permitted development: At what cost for the delivery of well-sized and genuinely affordable housing? Cecil Sagoe, Shelter blog 7 September 2018 – to read the article click here

Impact of multiple moves on men with complex needs Coral Westaway, University of Hertfordshire, homeless link 10 September 2018 – to read the article click here

The impact of LASPO on routes to justice Dr James Organ and Dr Jennifer Sigafoos, University of Liverpool, Equality and Human Rights Commission - for the report click here

UK’s asylum dispersal system close to 'catastrophic failure': Councillors and politicians tell Home Office to ‘get a grip’ on voluntary housing system Amelia Hill, The Guardian  6 September 2018 – to read the article click here

HOUSING LAW DIARY

13 September 2018                              
Parliament rises

30 September 2018                              
Extended closing date for submitting bids to the additional housing revenue account borrowing programme

1 October 2018                                     
Implementation of changes to Civil Procedure Rules (see Housing Law News and Policy Issues)

9 October 2018                                    
Consultation closes on Use of receipts from Right to Buy sales (see Housing Law Consultations)

9 October 2018                                     
Parliament returns

10 October 2018                                   
Second reading in House of Lords of Tenant Fees Bill

11 October 2018                                  
Consultation closes on Fire safety: clarification of statutory guidance (Approved Document B) (see Housing Law Consultations)

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