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HOUSING LAW NEWS & POLICY ISSUES
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Crisis publishes major plan for ending homelessness
Crisis the national charity for homeless people, has published a major plan: Everybody In – How to end Homelessness in Great Britain. This major work sets out a plan outlining “the evidence-based solutions that can end homelessness in Great Britain, …. The plan shows the costs of preventing and solving homelessness for people, along with the policy changes needed …and … is designed to help the governments of England, Scotland and Wales.”
The plan was developed with a wide range of homelessness experts and “The three main programmes feeding into it were: a large-scale international evidence review of what works to end homelessness here and abroad; a consultation with more than 1,000 people across Britain, including people with experience of homelessness, sector policy and practice experts and government officials; and newly commissioned research from leading academics and organisations where evidence was lacking.” For the report click here. For media commentary click here and here and here
By 2027 “Nobody should have to sleep on our streets” says Secretary of State
The Right Hon James Brokenshire MP delivered the keynote speech at the Crisis Conference to mark the 50th year of the national charity for homeless people. The Minister announced that the Rough Sleeping Initiative will be led by Jeremy Swain who will take up his post in July when the Government will also publish its Rough Sleeping Strategy. “The strategy will set out the Government’s “ambitions to move towards a housing-led system that intervenes quickly and prioritises finding people a home at the earliest possible stage” and it will focus on three core areas: prevention, intervention and recovery – so that by 2027, “nobody should have to sleep on our streets”. For the full text of the speech click here
Applying as homeless from an assured shorthold tenancy (England)
On 4 June 2018 a new House of Commons Library Briefing Paper by Wendy Wilson was published which considers how English local authorities deal with private tenants who have been served with a section 21 notice and are about to become homeless. “It is not unusual for tenants in this position to be told to remain in situ until a court order/bailiff’s warrant is obtained”. The paper considers changes introduced by the Homelessness Reduction Act 2017 with effect from 3 April 2018. For the full Briefing Paper click here.
Secretary of State for HCLG announces £30 million immediate support for rough sleepers
The Rt Hon James Brokenshire MP confirmed that 83 areas will share £30 million to boost the immediate support available to people living on the streets and help them into accommodation today. Councils across England with the highest numbers of rough sleepers will receive a share of this funding to significantly increase the support they are able to offer people now and also those at risk this coming winter. Funding will be used to provide an additional 1,750 additional bed spaces for rough sleepers and an additional 531 dedicated homelessness workers. The funding will also help improve the co-ordination of services available to those in need and at risk.
For the full announcement click here.
Local Government Ombudsman: Homeless family left in crowded conditions
On 7 June 2018 the Local Government and Social Care Ombudsman reported that it had found that Ealing Council’s delays in determining a family’s homelessness status added three months onto a six month stay in unsuitable accommodation for a mother and her five children. In the meantime, they were accommodated in a damp and mouldy single bedroom, too small for the number of people. The Ombudsman’s investigation also found that, while the council was not wrong to place the family in the accommodation in the short term, it should have continued looking for a more suitable place. The Ombudsman recognised the efforts the London Borough of Ealing has made to review how it meets its demand for suitable accommodation, but has called on it to write to all people currently placed in unsuitable housing and inform them of their rights. For a report of the case, click here
Private rental market summary statistics – April 2017 to March 2018
On 7 June 2018 the Valuation Office Agency published statistics on the private rental market for England. The median monthly rent recorded between 1 April 2017 and 31 March 2018 in England was £675. London had the highest median monthly rents, and the largest variation in rental values, followed by the South East. The median rent in London (£1,400) was more than double the English median rent. The North East had the lowest median rent at £495. For the summary, click here
Grenfell Tower Inquiry hearings
The Inquiry website hosts an archive of the Inquiry's hearings. Videos and transcripts are added at the end of each day and the archive can be searched by date or witness. NOTE: The website warns that some videos contain content which viewers may find upsetting or distressing. For the archive of hearings, click here
Grenfell Tower
On 6 June 2018 The Rt Hon James Brokenshire MP Secretary of State for Housing, Communities and Local Government and The Rt Hon Nick Hurd MP Minister of State for Policing and the Fire Service Minister for Grenfell Victims wrote a joint letter to updating them on the Metropolitan Police Investigation, the Public Inquiry, the Wrapping of Grenfell Tower, the future of the Grenfell Tower site and rehousing matters. For that letter click here On 6 June 2018 the Secretary.of State for HCLG wrote a letter to Grenfell Tower residents in emergency accommodation – for that letter click here.
Rehousing Grenfell Survivors One Year On report published
Since the date of the Grenfell Tower fire, North Kensington Law Centre (“NKLC”) has provided free legal advice to around 250 residents from Grenfell Tower, Grenfell Walk and the immediate surrounding area. NKLC has published a report in which it makes 12 recommendations to overcome what it describes as “the six main barriers to rehousing Grenfell survivors”. A summary of the recommendations is to be found in Appendix A (page 11 of the report). To read the report click here
Right to Buy scheme could collapse
A report by Savills commissioned by the Local Government Association indicates that in five years’ time two thirds of English Councils will not be able to replace the number of homes they sell under the Right to Buy scheme. The LGA has called for major reform of funding of the RTB scheme to include allowing Councils to build new homes, enabling them to keep all of the sale proceeds from sales and empowering Councils to set RTB discounts. For the LGA article click here. The Guardian reports an MHLG spokesman as saying, “We will be consulting local authorities in the coming months on ways to increase their flexibility to replace homes sold, and will announce further details in due course.” For that article click here.
“£19 million funding for councils to boost integration”
On 8 June 2018 Communities Minister Lord Bourne announced that Councils across England will receive a share of a further £19 million to help ease pressures on local services resulting from recent migration. For the full text of the MCHLG Press Release click here.
New housing Director General to be appointed
A new Director General for housing will be appointed to oversee important work to help deliver the homes our country needs. Jeremy Pocklington, (currently Director General, Energy and Security in the department for Business, Energy and Industrial Strategy) has accepted a new position in the Ministry of Housing, Communities and Local Government and will take over in September 2018. For the MHLG Press Release click here.
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HOUSING LAWS IN THE PIPELINE
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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 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 received its second reading on 19 January 2018. It will begin its Committee stage on a date to be announced. On 14 January 2018 the government confirmed that it would support the Bill. For the Bill as introduced, 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 6 July 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 and is due to take place on 6 July 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 15 June 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. It will have its report stage (when there will be further line by line examination of the Bill) on a date to be announced. For progress of the Bill, click here
Regulation of Registered Social Landlords (Wales) Bill
The purpose of this Bill is to amend or remove those powers which are deemed by the Office for National Statistics (ONS) to demonstrate central and local government control over Registered Social Landlords (RSLs). These changes will enable the ONS to consider reclassifying RSLs as private sector organisations for the purpose of national accounts and other ONS economic statistics. The Bill was agreed by the Assembly in accordance on 8 May 2018.
The four week period of intimation has ended. Letters patent for the Bill have been submitted to Her Majesty The Queen for Royal Assent. For details of the history of the Bill’s progress click here and scroll down.
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 6 July 2018. The Bill itself is being prepared for publication. 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 next step will be the Committee stage: House of Lords on 19 June 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 has been committed to a Public Bill Committee which was due to report to the House by 12 June 2018. For the Bill as introduced, click here For the impact assessment, click here To follow progress of the Bill, click here
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R on the application of McDonagh v London Borough of Enfield [2018] EWHC 1287 (Admin)
(Nigel Poole QC (Sitting as a Deputy High Court Judge)
This judgment concerns a claim for damages for breach of Article 8 of the European Convention on Human Rights arising out of alleged breaches of statutory duty under Part VII of the Housing Act 1996.
Background
The Claimant, an Irish national, came to the UK with her three children to escape an abusive relationship. One of her children had cerebral palsy and relied on a wheelchair for mobilisation inside and outside the home. Following a period of living in a series of very short-term bed and breakfast accommodation, the Claimant and the children moved into a two-storey house, let by a private landlord, in August 2014. The bathroom and bedrooms were on the first floor and, inaccessible to her son.
The Claimant made an online application to the Defendant for accommodation on 19 March 2015 but no suitable alternative accommodation was allocated or secured for her until early 2018.
The Claimant had brought a claim for judicial review in respect of the Defendant's failure to determine her application for housing assistance and provide interim accommodation under Part VII of the Housing Act 1996, seeking a mandatory order requiring the Defendant to secure that suitable accommodation was made available for her occupation, and interim relief. By the time the matter came before the Court in February 2018 the Defendant had accepted a duty to the Claimant under s.193 of the Housing Act 1996. The Claimant was given permission to file and serve amended grounds and the claim was listed for a rolled-up hearing.
By her amended claim she sought damages for contravention of Article 8 in respect of the period from March 2015 to February 2018.
The Hearing
Although the claim was, by the time of the hearing, a damages-only claim the judge was satisfied that it was appropriate for him to hear and determine the claim for damages without any continuing claim for other relief.
The Judge acknowledged that the Claimant had to look after her son and her other children “in extremely difficult circumstances” andconsidered it “a testament to her devotion and character that she has managed to do so.”
The issues for the judge, were:
- Did the Defendant breach its duties under Part 7?
- Were the Defendant's actions incompatible with the Claimant's Article 8 rights?
- If so, should the Court make an award of damages under the Human Rights Act 1998?
- If so, what is the appropriate quantification of such damages?
As to the first issue, the Judge was satisfied that the Defendant had breached its duty under s.188 Housing Act 1996. Although the Claimant had made her application under Part 6, rather than Part 7, and described herself as “not homeless’ it was the substance of the information provided, rather than the form of any application, that should have been taken into account by the authority . The Defendant had reason to believe that the Claimant was homeless because the evidence suggested that the property the Claimant and her children were living in may not have been reasonable to continue to occupy. That should have that triggered Part 7 duties.
However, breaches of statutory duty under Part 7 of the Housing Act 1996 do not, by themselves, constitute a contravention of Article 8.
Having reviewed the authorities, the Judge accepted that the Article 8 right to a private life might be infringed if they are unable, to access a toilet or washing facilities at home for a prolonged period or, potentially, if their private and family life is grossly undermined by having to look after a family member because they do not have such access.
He also accepted that Article 8 may create positive obligations on public authorities involving the adoption of measures designed to secure respect for private life, and that breaches of duty under Part VII of the Housing Act 1996 may, depending on the circumstances, give rise to a finding that a public authority has acted incompatibly with the positive obligations under Article 8.
However, having considered all the circumstances of the present case, the defendant had not acted incompatibly with Article 8 and the Claimant was not entitled to damages under the Human Rights Act. In reaching his conclusion the judge took into account, inter alia, the following factors:
The judge went on to consider that even if there had been an infringement, damages would only mark the infringement and would not compensate the Claimant. In all the circumstances it would have afforded just satisfaction for the Court to make a declaration that the Defendant had acted incompatibly with the Claimant's Article 8 rights but not to award damages. If he had awarded damages he would have done so in the sum of £2,000.
Summary by Alice Richardson, barrister, Arden Chambers and Trinity Chambers. For the full judgment click here.
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HOUSING LAW CONSULTATIONS
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Powers for dealing with unauthorised development and encampments
The MHCLG and Ministry of Justice have launched a consultation seeking views on the effectiveness of powers for dealing with unauthorised development and encampments. The consultation asks a series of questions relating to powers for dealing with unauthorised development and encampments, including: local authority and police powers; court processes; trespass; planning enforcement; the provision of authorised sites; and the impacts on the travelling community. The consultation closes on 15 June 2018. For the consultation document, click here
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
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HOUSING LAW ARTICLES & PUBLICATIONS
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Everybody In – How to end Homelessness in Great Britain, Crisis, June 2018 – to read the plan click here
Rehousing Grenfell Survivors One Year On, North Kensington Law Centre 8 June 2018 – to read the report click here
More than 100,000 families waiting more than a decade for social housing, figures show May Bulman, The Independent 9 June 2018 – to read this article click here
Just look at housing to see the true cost of privatisation Dawn Foster, The Guardian 12 June 2018 – to read this article click here
Police ‘fail to act’ as tenants are illegally thrown out Tom Wall, The Observer 9 June 2018 – to read this article click here
Housing: Recent Developments Jan Luba QC & Nic Madge Legal Action May 2018 (subscription required). To read this article, click here
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15 June 2018
Re-scheduled second reading of the Affordable Home Ownership Bill (see Housing Laws in the Pipeline)
15 June 2018
Consultation closes on powers for dealing with unauthorised development and encampments (see Housing Law Consultations)
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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
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Featured Job of the Week
Housing Litigation Solicitor
Anthony Collins Solicitors
Job Ref: ACS256
We are looking for a Solicitor or barrister (we suggest 1 years PQE and above) with rights of audience to join our Housing Litigation team. Working with other fee earners in the team, this role will include case management of all types of housing litigation work, regular advocacy and providing helpline and written advice as required by our housing association and public sector landlords. Typical work includes claims for possession, anti-social behaviour injunctions and committals, disrepair claims and advice on all aspects of housing management law.
Click here for details and for the online application form
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Lawyer (Housing and Litigation)
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Assistant Lawyer (Housing and Litigation)
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Housing Inclusion Officers - Fixed Term
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Housing Assessment Officer
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Repairs Customer Services Team Leader
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Housing Officer (Temporary Accommodation)
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St Albans City & District Council
12 month fixed term contract
Click here for details
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Social Housing Fraud Investigator
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Service Re-design and Improvement Lead Officer
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Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B
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