HOUSING LAW NEWS & POLICY ISSUES

Housing Court proposals announced
On 13 November 2018 the MHCLG announced that it will seek views on a specialist Housing Court which, if created, would provide a single path of redress for both landlords and tenants. The government considers that “with housing disputes held in a number of different legal settings, the process can be confusing and act as a deterrent to some of the most vulnerable seeking justice.” The proposals include reducing the need for multiple hearings in different courts, transferring certain types of housing cases between the courts and tribunal or vice-versa to ensure cases are resolved quickly and issuing new guidance to help tenants and landlords navigate their way through the legal system. Changes to further streamline court processes could also provide confidence for landlords to offer longer, more secure tenancies, by making it easier for responsible landlords who provide a high-quality service to regain possession of their tenancy should they need to do so.

The government has launched a call for evidence in respect of the proposals. For more details, see Housing Law Consultations below. For the consultation document itself, click here For the MHCLG announcement, click here

Affordable housing in English villages
On 19 November 2018 the Country Land and Business Association (the CLA) published a report entitled Sustainable Villages – making rural communities fit for the future. The report states that more than 2,000 villages are missing out on new affordable homes because they are classified as unsuitable for growth by the local planning process. According to new research by the CLA of 70 Local Plans from the most rural local authorities, 2,154 villages across England are judged to be unsustainable. This means housing allocation, including the delivery of affordable homes in these communities is either highly restricted or not permitted, further exacerbating the rural housing crisis. Cornwall tops the list of areas with the most villages deemed unsustainable at 213, followed by Wiltshire at 168 and Central Lincolnshire with 132. The report calls on the government to step in to address the housing needs of those communities cut off from the Local Plan by requiring a housing needs assessment in villages not allocated any housing. For the report, click here For a summary of it, click here For a response by the Local Government Association, click here

Private Rented Sector Access Fund: prospectus
On 19 November 2018 the MHCLG published an updated version of the prospectus for the Private Rented Sector Access Fund by which local authorities may apply for funding to create new private rented sector tenancy schemes for people who are, or at risk of becoming, homeless. Minor amendments have been made to the prospectus, and the deadline for bids has been extended to midday, 23 November 2018. For more details, click here

Traveller caravan count: July 2018 – England
On 15 November 2018 the MHCLG published the results of its Traveller caravan count in England as at July 2018. It showed that:

• The number of traveller caravans was 22,662. This is 151 fewer than the 22,813 reported in July 2017.
• 6,576 caravans were on authorised socially rented sites. This is a decrease of 146 since the July 2017 count, which recorded 6,722.
• The number of caravans on authorised privately funded sites was 12,993. This was 623 more than the 12,370 recorded in July 2017.
• The number of caravans on unauthorised encampments on land owned by travellers was 2,149. This is a decrease of 48 compared to the July 2017 figure of 2,197.
• The number of caravans on unauthorised encampments on land not owned by travellers was 944. This was 580 caravans fewer than the July 2017 count of 1,524.
• Overall, the July 2018 count indicated that 86 per cent of traveller caravans in England were on authorised land and that 14 per cent were on unauthorised land.
  

For the statistical release, click here

Housing supply: net additional dwellings – England
On 15 November 2018 the MHCLG published estimates of changes in the size of the dwelling stock in England due to new house building completions, conversions (for example a house into flats), changes of use (for example a shop into a house), demolitions and other changes to the dwelling stock. The statistical release states that:

• Annual housing supply in England amounted to 222,190 net additional dwellings in 2017-18, up 2 per cent on 2016-17.
• The 222,190 net additions in 2017-18 resulted from 195,290 new build homes, 29,720 gains from change of use between non-domestic and residential, 4,550 from conversions between houses and flats and 680 other gains (caravans, house boats etc.), offset by 8,050 demolitions.
• 13,526 of the net additions from change of use were through ‘permitted development rights’ (full planning permission not required). These comprised 11,555 additional dwellings from former offices, 743 from agricultural buildings, 218 from storage buildings, 110 from light industrial buildings and 900 from other non-domestic buildings.

For the statistical release, click here For a breakdown of housing supply by individual local authorities, click here For the response of the Chartered Institute of Housing, click here

Heavily pregnant woman left to ‘sofa surf’: Local Government Ombudsman
On 14 November 2018 the Local Government and Social Care Ombudsman reported that a homeless woman left to sofa surf by London Borough of Hounslow while heavily pregnant, has been given permanent accommodation.

The woman was seven months pregnant when she was made homeless after falling out with her parents, but instead of taking her homelessness application and offering her interim accommodation, officers gave the woman a form and asked her to return with further documents. For the next 10 months, despite the woman making regular contact with the council, particularly after her baby was born, the Ombudsman found the council left her to sleep on friends’ sofas. The Ombudsman’s investigation found the council at fault for not taking the homeless application and for the poor quality of records kept on the woman’s case file. Since the council did not take a homelessness application or give her a decision on her homelessness status, it denied the woman the right of review in court. It still had not taken a homelessness application from her more than a year after she first approached the council.

After the Ombudsman started investigating, the woman was offered – and has now accepted – permanent social housing.  The council has agreed to apologise and pay the woman £3,500 for the injustice it caused in the 10 months she was homeless. For a report of the case and the full decision, click here

Housing questions: key resources
On 12 November 2018 the House of Commons Library published a guide, intended for Members of Parliament and their constituency caseworkers, to some reliable sources of information (including other House of Commons Library briefings) for answering the most common constituents' housing questions. For the guide, click here

Former tenant prosecuted for subletting and Right to Buy fraud
On 14 November 2018 Camden Council reported that a former tenant had been sentenced at Blackfriars Crown Court after pleading guilty to illegal subletting and fraudulently applying for a Right to Buy. Ryan Cooper had been the council tenant in a one-bedroom flat since 2001. He applied to purchase the property under the Right to Buy Scheme in 2018. It was discovered that he had vacated the flat several years earlier and had been subletting the property while he was living in Watford with his wife and child. Possession action was initiated and Mr Cooper returned the keys for the flat shortly thereafter. Instead of advising Camden Council that he had left the property, Mr Cooper chose to illegally sublet the property and made more than £36,000 in profit. Mr Cooper fraudulently applied to purchase the property under the Right to Buy scheme by claiming that he was living in the property. Had he been successful, he would have enjoyed the maximum discount of £108,000. The judge considered that this matter was so serious that a custodial sentence was appropriate, but felt able to suspend that sentence on this occasion. Mr Cooper was sentenced to a 16 month suspended sentence along with 200 hours of community service. He was also ordered to pay back the illegal profits he made through subletting and £2,925 towards the Council’s prosecutions costs. For a full report, click here

Brent and St Mungo’s partner to help rough sleepers
On 16 November 2018 Brent Council and St Mungo’s announced that a new hub offering shelter to people sleeping rough had opened in Willesden. The hub is one of two new services run by the charity St Mungo's that will help to tackle homelessness after the council secured a £359,000 grant from the nationwide Rough Sleeper Initiative. Brent bid for the grant in order to help homeless people who find it hard to get off the streets, such as people with mental health issues, or no recourse to public funds. For more information, click here

Landlord allowed nine years to pay off series of fines for housing offences
On 16 November 2018 the Guardian reported that a property owner with a multi-million pound portfolio and at least 60 convictions for housing offences, has been permitted an arrangement by which she will pay off fines totalling £143,709 at the rate of £1,000 per month. To date she has paid off £40,345. For the report, click here

Homelessness and rough sleeping research: further information sheet
On 19 November 2018 the MHCLG published a revised version of a document explaining why the Ministry is doing research which will evaluate the effectiveness of rough sleeping interventions and provide estimates of the costs connected with homelessness. It also sets out what will happen to the information individuals provide as part of this study. For the information sheet, 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 and received its first reading in the House of Lords on 30 October 2018. It will receive its second reading on 23 November 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. The second reading has been postponed again and is now due to take place on 23 November 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 again and is now scheduled for 23 November 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 23 November 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. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018. The second reading has been postponed and is now scheduled for 23 November 2018. 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. The second reading of the Bill has been postponed again and is now due to take place on 23 November 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. The second reading has been postponed and is now due to take place on 23 November 2018. 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. The Bill’s second reading has been further postponed to 23 November 2018. 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 went into committee on 5 November 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. The second reading has been postponed and is now scheduled for 23 November 2018. 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 14 November 2018. It is due to receive its second reading on 23 November 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 2 where the Equality, Local Government and Communities Committee will consider amendments. Stage 2 consideration will take place in Committee on 29 November 2018. For the Bill, as introduced, associated information and to follow its progress, 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

Implementing reforms to the leasehold system
The government is seeking views on how to implement its reforms to the leasehold system in England to improve the housing market for consumers. In December 2017, the government announced it would tackle unfair practices in the leasehold market by introducing legislation to prohibit new residential long leases from being granted on houses, other than in exceptional circumstances, and restrict ground rents in newly established leases of houses and flats to a nominal amount. The consultation sets out how the government intends to make changes and on how it should implement the reforms. This includes understanding circumstances for exemptions and measures to improve how leasehold properties are bought and sold. The consultation also promotes fairness for freeholders and includes proposals to ensure that the charges that freeholders may pay towards the maintenance of communal areas are fairer and more transparent. The consultation closes on 26 November 2018. For the consultation document, click here

Changes to planning policy and guidance including the standard method for assessing local housing need
The publication of new household projections by the Office for National Statistics has led to a significant reduction in the overall numbers generated by the standard method for assessing local housing need. This consultation sets out proposals to update planning practice guidance on housing need assessment to be consistent with increasing housing supply. This consultation also proposes clarifications of national planning policy on:

• housing land supply
• the definition of deliverable
• appropriate assessment.

The consultation closes on 7 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

HOUSING LAW DIARY

23 November 2018                               
Second readings in the House of Commons scheduled (as to each of which, see Housing Laws in the Pipeline) for:

• Sublet Property (Offences) Bill
• Mobile Homes and Park Homes Bill
• Affordable Home Ownership Bill
• Creditworthiness Assessment Bill
• Private Landlords (Registration) Bill
• Leasehold Reform Bill
• Homelessness (End of Life Care) Bill
• Housing and Planning (Local Decision-Making) Bill
• Gypsy and Traveller Communities (Housing, Planning and Education) Bill

23 November 2018                               
Second reading in House of Lords of Homes (Fitness for Human Habitation) Bill (see Housing Laws in the Pipeline)

23 November 2018                               
Extended deadline for applications by local authorities for funding from the Private Rented Sector Access Fund

26 November 2018                               
Consultation closes on Implementing reforms to the leasehold system (see Housing Law Consultations)

29 November 2018                               
Stage 2 consideration of Renting Homes (Fees etc.) (Wales) Bill (see Housing Laws in the Pipeline)

7 December 2018                                 
Consultation closes on Changes to planning policy and guidance including the standard method for assessing local housing need (see Housing Law Consultations)

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)

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