HOUSING LAW NEWS & POLICY ISSUES

Rough Sleeping Delivery Plan
On 10 December 2018 the MHCLG published the Rough Sleeping Delivery Plan which sets out how measures contained in the Rough Sleeping Strategy (announced in the summer) will be delivered, including targets and deadlines for all 61 commitments. They include:

• New Work Coaches for every Jobcentre Plus by summer 2019 in order to help the homeless to navigate the support available to them.
• An expectation placed on all councils to publish detailed rough sleeping and homeless strategies by winter 2019 setting out how councils plan to provide specialist support and accommodation for vulnerable people on the street. The government says that it will take action where councils fail to do so.
• Carrying out a comprehensive government study into the links between homelessness and the LGBT community – making sure the right support services are in place to help LGBT homeless people off the streets and into stable accommodation. The study will be published in summer 2019.

Ministers have also launched an £11 million fund for councils to get as many people as possible off the streets and into secure accommodation where they can get the help they need.

For the Rough Sleeping Delivery Plan, click here For the MHCLG announcement of the Plan, click here For the Rough Sleeping Strategy, click here For the Local Government Association response to the announcement, click here

Commonhold: Law Commission report
On 10 December 2018 the Law Commission proposed reforms that would support the expansion of commonhold as an alternative to leasehold. Commonhold was introduced in 2002 as a new way to own property. Commonhold allows a person to own a freehold flat and at the same time be a member of the company which owns and manages the shared areas and the structure of the building.

The Law Commission is proposing a range of legal reforms which will remove barriers to commonhold’s uptake. These reforms, which are now open for consultation, should kickstart commonhold as an alternative way of owning property which avoids the shortcomings of leasehold ownership. The consultation closes on 10 March 2018. For the Law Commission’s proposals, click here For a summary, click here For more details of the consultation, see Housing Law Consultations (below).

Tenant Fees Bill: security deposit cap reduced
On 4 December 2018 the MHCLG announced that the Tenant Fees Bill, which was due to have its report stage in the House of Lords on 11 December 2018, will be amended so that the maximum amount tenants have to pay as a security deposit will be reduced from six weeks’ rent to five in respect of properties for which the annual rent is under £50,000 (see Schedule 1 to the Bill). A maximum deposit of six weeks’ rent will continue to apply where the annual rent is £50,000 or more. For the MHCLG announcement, click here For the Bill as introduced to the House of Lords (in which the amendment has not yet been applied), click here For more details of the progress of the Bill, see Housing Laws in the Pipeline (below).

Legal aid advice network 'decimated'
On 10 December 2018 the BBC’s Shared Data Unit published analysis that shows that “up to a million people live in areas with no legal aid provision for housing, with a further 15 million in areas with one provider”. The Unit has analysed Ministry of Justice and Legal Aid Agency data since 2011-12. It found:

• Around a million fewer claims for legal aid are being processed each year.
• More than 1,000 fewer legal aid providers were paid for civil legal aid work than in 2011-12.
• Four legal aid providers for welfare cover Wales and the South West while 41 cover London and the South East.

For the analysis, click here

Disabled Facilities Grant and other adaptations: external review
On 10 December 2018 the MHCLG published an independent review of the Disabled Facilities Grant (DFG) in England, conducted by the University of the West of England. The DFG is a capital grant paid to local authorities in England that can meet, or contribute towards, the cost of adapting a person’s home. This can help eligible people to stay in their homes for longer, and live safer, healthier and more independent lives. The review looks at how the DFG currently operates and makes evidenced based and practical recommendations for how it should change in the future. The review has made 45 recommendations and government is considering the findings. For the report and summary, click here

Housing cases in the civil courts: July to September 2018
On 6 December 2018 the Ministry of Justice published statistics relating to civil cases between July and September 2018. Mortgage and landlord possession claims in the county court decreased by 6 per cent, to 36,600, compared with the same period in 2017. Such claims have been declining since a peak of nearly 60,000 in January to March 2014. For the full statistics, click here

Leasehold reform: Select Committee inquiry
On 10 December 2018 the Housing, Communities and Local Government Committee took evidence from social sector landlords, solicitor representatives and the Leasehold Advisory Service in the course of the Committee’s inquiry into leasehold reform and the progress made following the conclusion of the Government’s consultation on tackling unfair practices in the leasehold market in 2017. For details of the inquiry, click here To watch this session, click here

Poverty and housing in UK
On 4 December 2018 the Joseph Rowntree Foundation published its annual report UK Poverty 2018. The report found that 4.1 million children now live in poverty, a rise of 500,000 in the last five years. The vast majority of this rise, the JRF concludes, has taken place in working families. There are now four million workers in poverty – a rise of more than half a million over five years. The JRF states: “As a society we can choose to reduce the amount of people who are swept into poverty by reducing housing costs for renters, strengthening the support offered by our social security system and opening opportunities for better-paid employment.”

The Children’s Commissioner for England responded to the report by calling for a halt to the roll-out of Universal Credit. The Local Government Association noted:
“As well as facing a £3 billion funding shortfall for children’s services alone by 2025, councils are housing more than 120,000 homeless children in temporary accommodation, increasing at a rate of over 900 extra homeless children a month in recent years.”
For the report and findings, click here For the Children’s Commissioner’s response, click here For the Local Government Association’s response, click here

Section 21 evictions: parliamentary debate
On 6 December 2018 the House of Commons held a debate on the use of section 21 evictions in the private rented sector. A section 21 notice can be served by a landlord after a fixed term tenancy ends if there is a written contract, or during a periodic tenancy. The House of Commons Library produced a briefing before the debate. For the briefing, click here For the Hansard record of the debate, click here For a report of the debate produced by the Residential Landlords Association, click here

£1.5m penalty for landlord of “an illegal boxroom bedsit empire across North West London”
On 5 December 2018 Brent Council reported that a landlord prosecuted by Brent and Harrow Councils had been ordered by Harrow Crown Court to pay a £1.5m penalty or face nine years in prison. Brent Council said that the landlord flouted planning laws across the two boroughs for years and crammed tenants into cramped and dangerous accommodation, charging them extortionate amounts in rent. His criminal enterprise included one property in Brent illegally converted into eight substandard box-room bedsits and four more similarly converted in Harrow. Edmund Robb of Prospect Law, who represented the Councils, said:

"The Confiscation Order of almost £1.5 m which has been made in this case represents major recognition by the Crown Court of the personal misery and amenity damage which is caused by blatant and longstanding failures by developers to comply with planning enforcement notices issued by local authorities in London."

For the report, click here For a report in the Guardian, click here

Housing conditions – Wales
On 6 December 2018 the Welsh Government published findings from the Welsh Housing Conditions Survey (WHCS) which collects information about the condition and energy efficiency of all types of housing in Wales. It is the first such survey since 2008. The survey found that since the last survey housing conditions across all tenures in Wales have improved. Wales has the oldest housing stock in the UK, with similar spread of housing types. The proportion of dwellings in the private rented sector has increased considerably since 1981. The private rented sector generally has the oldest housing stock and a higher proportion of poor quality housing (e.g. containing damp or other hazards). Social housing is generally of better quality than private housing (both owner occupied and private rented); as are newer houses. The average energy efficiency band has improved from Band E in 2008 to Band D in 2017-18. For the report, click here For the Housing Minister’s response to the survey findings, click here

Landlord escalation route for Universal Credit Live Service claimants
On 10 December 2018 the Residential Landlords Association reported that the Department for Work and Pensions has released information about a new ‘landlord escalation route’ that applies to the Universal Credit live service, and claimants who are at risk of eviction. The RLA says that under the new arrangements a landlord who has a tenant under ‘imminent threat’ of evictions should now call the national Universal Credit live service helpline. Such calls will be escalated to the Housing Team which will then make an outbound call back to the landlord, in order for the case to be resolved. For details, 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 Commons stages on 26 October 2018. In the House of Lords it received its first reading on 30 October 2018 and second reading on 23 November 2018. It will begin its committee stage on 12 December 2018. For the Bill as introduced in the House of Lords, click here For a House of Commons Library research briefing prepared in readiness for the House of Lords 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 and was due to receive its second reading on 23 November 2018 but was not called. 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 was due to receive its second reading on 23 November 2018 but was not called. The Bill itself has not yet been published. 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. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018 and has now been scheduled for a second reading debate on 25 January 2019. It will begin its committee stage on a date to be announced. For the Bill as brought from the Lords, click here 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. It has now been scheduled for a second reading debate on 25 January 2019. 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 has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, click here 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. It has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, 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 its second reading on 10 October 2018. The Bill completed its committee stage on 20 November 2018. It was due to have its report stage on 11 December 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 has now been scheduled for a second reading debate on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Freehold Properties (Management Charges and Shared Facilities) Bill
This Private Members' Bill, sponsored by Helen Goodman, seeks to make provision for the regulation of fees charged by management companies to freeholders of residential properties; to make provision for self-management of shared facilities by such freeholders; and to require management companies to ensure shared facilities are of an adequate standard. It received its first reading on 14 November 2018. It is due to receive its second reading on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Gypsy and Traveller Communities (Housing, Planning and Education) Bill
This Private Members' Bill, sponsored by Andrew Selous, seeks to make provision about periodical local authority reviews of the housing needs of Gypsy and Traveller communities; to make provision for the conversion of caravan sites into settled accommodation; to require local authorities to provide temporary caravan stopping sites where there is a demonstrated need; to create a criminal offence of unauthorised encampment; to make provision about the education of Gypsy and Traveller children; and to require schools to have regard to Gypsy and Traveller culture and heritage in teaching. The bill received its first reading on 13 November 2018. Its second reading has been postponed until 25 January 2019. 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 has completed Stage 2. Stage 2 consideration took place in Committee on 29 November 2018. Stage 3 commenced on 30 November 2018. Amendments may now be tabled to the Bill (as amended at Stage 2). Stage 3 consideration and disposal of amendments will take place in Plenary on 15 January 2019. For the Bill, as amended at Stage 2, associated information and to follow its progress, click here

NEW HOUSING CASES

Abdelrahim Alibkhiet v London Borough of Brent
Amounah Adam v City of Westminster [2018] EWCA Civ 2742

In two joined appeals the Court of Appeal considered the lawfulness of decisions and process by which two London boroughs made offers to accommodate homeless persons outside of their respective districts.

Background
The housing authority in each appeal owed the relevant applicant the full housing duty imposed by the Housing Act 1996 (“the Act”). s.208(1) of the Act provides that “So far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.”

Adam v Westminster
In Ms Adam’s case she had been offered accommodation in the London Borough of Sutton. She sought a review of the suitability of the accommodation primarily because her children would have faced either an unreasonably long commute to school every day or, disruption to their lives in having to move schools. The review decision upheld the original decision and Ms Adam appealed to the county court unsuccessfully.

On appeal to the Court of Appeal there were two surviving grounds of appeal; the first was that Westminster did not make sufficient efforts to comply with its duty to house Ms Adam in-borough and the second was that Westminster did not give adequate reasons for its decision.

Alikhiet v Brent
Mr Alibkhiet had been offered accommodation in the West Midlands. He objected on the basis that his support networks were in Brent; there was no Arabic community in the Birmingham area; there were fewer job opportunities and he was planning to get work in a restaurant as a cleaner. After viewing the flat Mr Alibkhiet refused the offer and sought a review. The original decision was upheld on review but he appealed to the county court successfully - the Circuit Judge finding that there was a “total absence… of any explanation, let alone a cogent explanation…” as to why an alternative property in Acton which had been identified was not offered to the family. The local authority appealed.

The Court of Appeal
Ms Adam’s appeal was dismissed and Brent’s appeal was allowed.

Delivering the main judgment of the Court, Lord Justice Lewison, noted that; “You would need to be a hermit not to know that there is an acute shortage of housing, especially affordable housing, in London; and that local government finance is severely stretched.”

The Court held:

1. The court had to be wary about imposing onerous duties on housing authorities struggling to cope with the number of applications they received from the homeless, in the context of a severe housing shortage and overstretched financial and staffing resources. The court was, however, the guardian of legality, and it should not hesitate to quash an unlawful decision
   
   
2.  As to in-borough accommodation; following Nzolameso v Westminster City Council [2015] UKSC 22:
   
   
1. A housing authority is entitled to take account of the resources available to it, the difficulties of procuring sufficient units of temporary accommodation at affordable prices in its area, and the practicalities of procuring accommodation in nearby boroughs.
2. If there is available accommodation within-borough, it does not follow that the authority must offer it to a particular applicant because it may be acceptable to retain a few units, if it can be predicted that applicants with a particularly pressing need to remain in the borough will come forward in the relatively near future.
3. The decision in an individual case may depend on a policy that the authority has adopted for the procurement and allocation of accommodation.
4. The policy should explain the factors which would be taken into account in offering households those units, the factors which would be taken into account in offering units close to home, and if there was a shortage of such units, the factors which would make it suitable to accommodate a household further away.
5. The policy should be publicly available.
   
   
3. In principle, where a public authority has a lawful policy, then provided that it implements the policy correctly its decision in an individual case will itself be lawful.
   
   
4. The purpose of giving reasons for a decision is twofold: first so that the parties can know what was decided and why; and second so that the court may, if necessary, decide whether a decision-maker has made an error of law.  It is not the function of a review decision to provide a treatise on housing law; or a detailed description of everything that a housing authority does in performance or purported performance of its duties to the homeless.

Alikhiet v Brent

5. It was clear enough from the review decision why Mr Alibkhiet had not been offered the property in Acton. Acton, like Brent, is in London; and applying Brent’s Policy, Mr Alibkhiet did not qualify for priority as regards a placement in Greater London. The fact that there was one potentially available unit, or possibly two, did not undermine the application of that policy.  Although the decision letter could have been better expressed, that was enough to amount to a lawful decision, made in accordance with the policy.

Adam v Westminster

6. If a housing authority decides to discharge its full housing duty by making a private rented sector offer, it did not have to wait in the “Micawberish” hope that “something will turn up”. Westminster discharged its duty by inquiring what suitable accommodation was available at the time at which it made its offer.  Reasons need only address the main issues and the reviewing officer was not required to explain why Westminster had chosen to make the offer when it did.

Summary by Alice Richardson, barrister, Trinity Chambers

For the full judgment click here.

HOUSING LAW CONSULTATIONS

Implementing changes to the park home commission rate – Wales
The Welsh Government is consulting on how best to introduce the decision to reduce park home commission rates; what guidance is needed to support the change (if any); and how best to communicate that change. The consultation closes on 14 December 2018. For the consultation document, click here

Housing adaptations service standards – Wales
The Welsh Government is consulting on service standards for the delivery of housing adaptations. These standards are designed to improve consistency of delivery. They will apply to service providers and occupational therapists. The government wants to determine whether:

• the proposed standards improve the delivery of housing adaptations
• there are any other service standards which should be included
• the proposed timeframes for the different types of adaptations are challenging enough.

The consultation closes on 19 December 2018. For the consultation document, click here

Ensuring tenants’ access to gigabit-capable connections
The Department for Digital, Culture, Media and Sport is seeking views on proposals to make it easier for residential and commercial tenants to access high quality and reliable broadband. The government has set a target of making gigabit-capable networks available to 15 million premises by 2025, with nationwide coverage by 2033. This consultation is seeking responses on the following proposals:

• Amending the Electronic Communications Code to place an obligation on landlords to facilitate the deployment of digital infrastructure when they receive a request from their tenants.
• Enabling communications providers to use magistrates’ courts to gain entry to properties where a landlord fails to respond to requests for improved or new digital infrastructure.

The consultation closes on 21 December 2018. For the consultation document, click here
Private shared homeownership: call for proposals
The government would welcome proposals in three categories:

• private shared ownership which would be primarily privately funded
• other private affordable homeownership products which should be primarily privately funded
• other innovative routes into homeownership which do not require government investment but may require the removal of regulatory or other barriers.

Proposals should not rely on government grant funding, government guarantees or developer s106 contributions. The government is particularly interested in private shared ownership proposals where it believes government loan funding will play an important part in removing the risk and financial uncertainty created by staircasing (ie buying extra shares in a shared ownership property).

The consultation closes on 1 February 2019. For the consultation document, click here

Considering the case for a Housing Court: call for evidence
The MHCLG is seeking views and opinions from the judiciary, landlords and tenants to help the government to better understand and improve the experience of people using courts and tribunal services in property cases, including considering the case for a specialist Housing Court. The department is interested in views and opinions on the:

• private landlord possession action process in the county court
• user experience in both the county courts and the First-tier Tribunal for property cases
• case for a new Housing Court
• case for other structural changes such as an extension of the remit of the property tribunal.

The consultation closes on 22 January 2019. For the consultation document, click here

Law Commission – Reinvigorating commonhold: the alternative to leasehold ownership
The Law Commission has published a consultation paper in which it makes provisional proposals “to make commonhold work for homeowners, developers, mortgage lenders and across the wider property sector”. The Paper includes proposals which would:

• Enable commonhold to be used for larger, mixed-use developments which accommodate not only residential properties but also shops, restaurants and leisure facilities.
• Allow shared ownership leases and other forms of affordable housing to be included within commonhold.
• Make it easier for existing leaseholders to convert to commonhold and gain greater control over their properties.
• Improve mortgage lenders’ confidence in commonhold to increase the choice of financing available for home buyers.
• Provide homeowners with a greater say in how the costs of running their commonhold are met.
• Enable homeowners to end unattractive long-term contracts imposed by developers.

The consultation closes on 10 March 2019. Comments may be sent using the online form. Where possible, it would be helpful if this form was used. For the consultation document and methods of response, click here

HOUSING LAW ARTICLES & PUBLICATIONS

Mayor Sadiq Khan to look at imposing rent controls in London Mattha Busby, The Guardian 10 December 2018 – to read the article click here

How do we build 100,000 social rented homes each year? John Perry,The Crisis Blog 5 December 2018 – to read the article click here

Pensioner poverty rises as benefits freeze bites Eleni Courea, The Observer 9 December 2018 – to read the article click here

‘Nature was my safe place’: Raynor Winn on homelessness and setting off on a 630-mile walk Sam Wollaston, The Guardian 6 December 2018 – to read the article click here

Revealed – the true scale of affordable housing lost to permitted development rights Tom Weekes, Shelter blog 10 December 2018 – to read the item click here

The benefit cap is harming struggling families Jo Underwood, Shelter blog 7 December 2018 – to read the item click here

More than 130,000 children will be homeless this Christmas Liam Geraghty, The Big Issue 5 December 2018 – to read the article click here

HOUSING LAW DIARY

12 December 2018                               
Committee stage of Homes (Fitness for Human Habitation) Bill commences in House of Lords (see Housing Laws in the Pipeline)

14 December 2018                               
Consultation closes on Implementing changes to the park home commission rate – Wales (see Housing Law Consultations)

19 December 2018                               
Consultation closes on Housing adaptations service standards – Wales (see Housing Law Consultations)

21 December 2018                               
Consultation closes on Ensuring tenants’ access to gigabit-capable connections (see Housing Law Consultations)

15 January 2019                                   
Stage 3 consideration and disposal of amendments of the Plenary Renting Homes (Fees etc.) (Wales) Bill will take place in Plenary (see Housing Laws in the Pipeline)

22 January 2019                                   
Call for evidence closes on Considering the case for a Housing Court (see Housing Law Consultations)

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