18th April 2018
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HOUSING LAW NEWS & POLICY ISSUES
 

Homelessness
On 12 April 2018 Crisis and the Joseph Rowntree Foundation published The Homelessness Monitor: England 2018. It states that: the majority of local councils in England are struggling to find any stable housing for homeless people in their area, leaving them forced to place more and more people in unstable temporary accommodation; as housing supply dwindles and rents outstrip wages and benefits, 70 per cent of local authorities surveyed for the report said they had difficulties finding social housing for homeless people last year, while 89 per cent reported difficulties in finding private rented accommodation; there are 78,000 homeless households in England in temporary accommodation and, if current trends continue, more than 100,000 such households will be trapped in temporary accommodation by 2020; the problem of rising homelessness pressures is not limited to London – 40 per cent of councils in London said the number of people seeking help from their homelessness services had risen over the last year, compared to 76 per cent in the Midlands, 70 per cent in the South and 62 per cent in the North. For the Monitor, click here For the response of the Local Government Association, click here

Local Government Ombudsman: homeless family left to live in hotel rooms for three years
On 12 April 2018 the Local Government and Social Care Ombudsman reported that a family, including children with disabilities, shared a single hotel room for more than three years because Bristol City Council did not treat their housing and homelessness applications properly. The Ombudsman has criticised the council for the way it handled the family’s attempts to register a housing application, for failing to take a homelessness application, and for trying to charge them the full cost for storing their belongings while they were living in hotel accommodation. The family, which includes two children with visual impairments, first called on the city council for help when they were evicted from their private tenancy flat. The family found private lets on a number of occasions, and asked the council for help with a deposit. But they lost the properties because the council took too long to look at their applications. Although a number of council departments, including Children’s Services, were aware of the family’s problems, the council did not help with their housing situation even when the father told it the family had a new baby with disabilities. The council has now housed the family and agreed to wipe off the whole contribution the father agreed to make for storage costs, in recognition of the trouble and distress its actions caused when it stopped paying for storage. The Ombudsman recommended that the council should also pay the father £8,400 for the delay and a further £600 for the time, trouble, frustration and distress it has caused. For the Ombudsman’s report, click here

Housing market, prices and immigration
On 13 April 2018 the MHCLG published a short piece of analysis intended to illustrate the individual relationships between some important housing market determinants and house prices. The analysis has been published following a request by UK Statistics Authority to Dominic Raab, the housing minister, to publish the evidence for his claim that immigration had “put house prices up by something like 20%” over the past 25 years. The analysis uses relationships estimated from the affordability model described in the 2007 and 2008 reports by the National Housing and Planning Advice Unit. Given the complexity of the housing market, the MHCLG says that the analysis is not intended to be exhaustive in its explanatory power and throughout the release references are made to limitations. For the analysis, click here For a report in The Guardian, click here

Youth homelessness and welfare reforms
On 16 April 2018 Homeless Link published research showing that welfare reforms are contributing to homelessness, among young people aged 16 to 24, by affecting their ability to access and sustain housing. Homeless Link’s Young & Homeless 2018 is based on surveys with local authorities, youth homelessness services and interviews with young people experiencing homelessness in England. It finds that while family breakdown remains the main cause of homelessness among young people, making up half of cases (49 per cent), structural factors including changes to welfare benefit entitlements and a lack of affordable housing are also significant contributory factors. Ninety-two percent of survey respondents identified delayed Universal Credit payments as having an impact on youth homelessness, with 90 per cent and 80 per cent respectively reporting that sanctions and the capping of the Local Housing Allowance (LHA) are also having an effect. Although, says Homeless Link, the Government’s recent reversal of proposals to remove Universal Credit housing costs for 18-to-21-year-olds is welcome, it highlights the need to consider the impact that other elements of policy may be having on vulnerable young people. For more details, click here

Private renting – tenants’ complaints
On 16 April 2018 Citizens Advice published a report stating that 28 per cent of private tenants who have experienced problems while renting do not complain for fear of being evicted. The research reveals that almost a quarter of a million households, who had issues and chose not to complain, said their main worry was their landlord raising their rent or ending the tenancy. Based on their experiences advising private renters, 43 per cent of Citizens Advice staff said people “worrying about the consequences of complaining” was the biggest issue for tenants seeking redress for their problem. Repairs and maintenance is the most common issue that private tenants needed help for from Citizens Advice. For more details, click here

Private renting – rental inflation
The HomeLet Rental Index for March 2018 shows that average rents across the UK rose by 0.9 per cent in March 2018 when compared to the same month a year previously; the average monthly rent is now £912. Rents in London increased by 1.5 per cent in March 2018 compared with the same month of 2017; the average rent in the capital now stands at £1569 a month. When London is excluded, the average UK rental value was £759 in March 2018, this is up 1.1 per cent on last year. For details, click here

Private rental market in London: April 2017 to March 2018 – official statistics
On 12 April 2018 the Valuation Office Agency published corrected statistics on the private rental market in London covering April 2017 to March 2018 by region, borough and postcode district. The tables show the count of rents, mean, median, lower quartile and upper quartile. These are produced in support of Rent Officer functions and also used by the Greater London Authority to produce the London Rents Map. To access the statistics, click here

Regulation of social housing
The Regulator of Social Housing has published the latest version of Regulating the Standards which updates that published in July 2017. In particular, it takes account of the introduction of a new Value for Money (VfM) Standard and Code of Practice introduced on 1 April 2018. The key changes made to the Standard include a number of requirements for registered providers, in particular the need to demonstrate that: overall, optimal benefit is derived from resources and assets in the delivery of their strategic objectives; providers undertake a rigorous appraisal of options for improving their VfM performance and have a robust approach to decision making; VfM is achieved across all providers’ operations and that where investment is made in non-social housing activity, proper consideration is given to whether this activity generates returns that are proportionate to the risks involved; providers report on a suite of VfM metrics (these now replace the former requirement to publish a VfM self-assessment) and that they clearly explain plans to address areas of underperformance. For the document, click here

Rough sleeping strategy
On 13 April 2018 Homeless Link published a paper setting out its position on the key principles and the essential elements that any cross-Government strategy on rough sleeping should include. Within the key principles are: national and local leadership and accountability on ending rough sleeping; a commitment to addressing the structural factors that have caused the rise in rough sleeping, including action on housing supply, reducing poverty and welfare reform; and recognition of the contribution of voluntary sector homelessness services in effectively tackling rough sleeping and ensuring these services are adequately resourced. For more information, 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 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

Housing (Amendment) Scotland Bill
This Scottish government Bill aims to amend the law on the regulation of social landlords and to reduce the influence of local authorities over registered social landlords. It was introduced on 4 September 2017. The Stage 1 debate was held on 29 March 2018; for the report of the debate (which commences at page 87), click here For the Bill as introduced, click here For a research briefing on the Bill, click here To follow progress of the Bill, click here

Sublet Property (Offences) Bill
This is a Private Member’s Bill introduced in the House of Commons by Christopher Chope. It is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions in respect of unauthorised sub-letting; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading 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 further postponed to 27 April 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 will have its Committee stage 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 is currently at Stage 3. Stage 3 commenced on 13 March 2018. Stage 3 consideration will take place in Plenary on 24 April 2018 to consider amendments to the Bill (as amended at Stage 2). For progress on the Bill, click here and scroll down.

Secure Tenancies (Victims of Domestic Abuse) Bill
This government Bill seeks to make provision about the granting of old-style secure tenancies in cases of domestic abuse. The Bill completed its House of Lords stages on 13 March 2018 and was presented to the House of Commons on 13 March 2018. Committee stage in the Commons has been completed. Report stage will take place on a date to be announced. For the Bill as brought from the House of Lords, click here For a note of impacts, click here For a House of Commons Library Briefing published after completion of the Committee stage in the Commons, click here To follow 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 is due to receive a second reading on 27 April 2018. The Bill is being prepared for publication. 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 postponed to 27 April 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. It is due to receive its second reading on 23 April 2018. For the Bill as introduced, click here For the government’s announcement of the Bill, click here To follow progress of the Bill, click here

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HOUSING LAW CONSULTATIONS
 

Commonhold – Law Commission’s call for evidence
On 22 February 2018 the Law Commission called upon flat owners, housebuilders, mortgage lenders and lawyers to give their views on ‘a little-known and little used home ownership status’ called commonhold, which provides an alternative to residential leasehold. Commonhold was introduced in 2004 (when a law passed in 2002 came into force) as a new way to own property. It allows a person to own a freehold ‘unit’ – for example, a flat within a building – and at the same time be a member of the company which manages the shared areas and buildings. Commonhold, according to the Law Commission, has a number of potential advantages over leasehold. These are: ownership doesn’t run out – unlike leases which expire and can be costly to extend; standard rules and regulations apply – which should make conveyancing simpler and cheaper; and owners have a stake in the wider building and do not have a landlord – instead, owners run the shared areas together. Despite these advantages fewer than 20 commonhold developments have been created. The Law Commission project will look at why commonhold has failed to gain popularity, and what changes can be made to the current law to make it an attractive and workable alternative to residential leasehold. The consultation closes on 19 April 2018. For more details, click here

Supporting housing delivery through developer contributions
Following the announcements at Autumn Budget 2017, the government is seeking views on a series of reforms to the existing system of developer contributions in the short term. These reforms will benefit the local authorities who administer them, developers who pay them and the communities in which development takes place. The consultation closes on 10 May 2018. For more details, click here

Reviewing the landlord registration fee structure and application process – Scotland
The Scottish government is consulting on proposals intended to strengthen the system of landlord registration in a proportionate way that will help to ensure that homes rented to private rented sector tenants are of good quality and are managed professionally. Responses to the consultation will help to shape changes to the application process that will require landlords to demonstrate that they meet their legal responsibilities. They will also inform amendments to the way that fees are charged so that local authorities have enough resources to make informed decisions about who can be approved to operate as a landlord. The consultation closes on 7 June 2018. For more details, click here

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 more details click here

HOUSING LAW ARTICLES & PUBLICATIONS
 

Rough sleeping measures a step in the right direction but we need more Faye Greaves CIH Blog 11 April 2018. To read this article, click here

England: escalation in placement of homeless families in temporary housing Patrick Butler Guardian 12 April 2018. To read this article, click here

‘Things not to do’ corner – Deposit protection counterclaim edition Giles Peaker Nearly Legal 13 April 2018. To read this article, click here

Bedroom Tax – the powers of the Tribunal and a sufficient chest of drawers Giles Peaker Nearly Legal 15 April 2018. To read this article, click here

Accommodation pending Appeal – where to appeal a refusal? Giles Peaker Nearly Legal 15 April 2018. To read this article, click here

Section 21 Validity Checker Mark Pritchard Online Blog. To access this resource, click here

Housing: Recent Developments Jan Luba QC & Nic Madge Legal Action April 2018 (subscription required). To read this article, click here

Owner-occupiers: review 2018 Derek McConnell Legal Action April 2018 (subscription required). To read this article, click here

HOUSING LAW DIARY
 

19 April 2018                            
Law Commission’s consultation closes on Commonhold (see Housing Law Consultations)

23 April 2018                            
Second reading of Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill (see Housing Laws in the Pipeline)

24 April 2018                            
Stage 3 consideration of Regulation of Registered Social Landlords (Wales) will take place in Plenary (see Housing Laws in the Pipeline)

27 April 2018                            
Postponed second reading of Affordable Home Ownership Bill (see Housing Laws in the Pipeline)

27 April 2018                            
Postponed second reading of Homelessness (End of Life Care) Bill (see Housing Laws in the Pipeline)

27 April 2018                            
Postponed second reading of Private Landlords (Registration) Bill (see Housing Laws in the Pipeline)

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RECRUITMENT

Featured Job of the Week

Wiltshire Law Centre

Vacancy for Solicitor to conduct housing law casework


Wiltshire Law Centre has a vacancy for a qualified Solicitor based in our central Swindon office.

Full time, 35 hours per week

The salary is between £27,668 - £30,153 pa (NJC Pay scale: 31-34) depending on experience, with holidays of 27 days plus statutory per annum.

The Law Centre also makes a 5% pension contribution to employees chosen pension or Nest scheme

  • Wiltshire Law Centre is a not for profit advice agency specialising in free advice inthe areas of Housing, Welfare Benefits and Debt. The aim of the service is to reduce the risk of homelessness, assisting clients with Benefit appeals and reduced indebtedness.
  • Suitable candidates must be a qualified Solicitor and if not already experienced in Housing Law must be willing to develop the skills and knowledge to conduct housing casework
  • Training will be provided
  • There is an emphasis on achieving successful outcomes, and there is a variety of Legal work carried out under Certificated LAA work using the CCMS system under our LAA Housing advice contract
  • Housing Possession Court Duty Scheme contract, as well as providing advice to clients under our other non LAA funding.

The position will involve close working with colleagues, courts and court staff, the local Council, Housing Associations and other local agencies.

Requests for an information pack including job description, please contact Richard Hazell at:
richard.hazell@wiltslawcentre.co.uk

If you would like to discuss this position, please contact Richard Hazell on 01793 486926.

Application closing date: 4pm, Monday 7th May 2018

Interview date: Friday 11th May 2018 (provisional)

 
 
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