HOUSING LAW NEWS & POLICY ISSUES

Funding homelessness services: St Mungo’s report
On 24 April 2019 St Mungo’s published a report – Home for Good: Local Authority Spending on Homelessness, by WPI Economics – which shows that council spending on support for single homeless people in England fell by 53 per cent between 2008-9 and 2017-18. This means that local authorities in England are now spending almost £1bn less a year on homelessness services compared to ten years ago. The report finds that overall more than £5bn less has been spent on services for single homeless people over the past nine years than would have been spent had funding continued at 2008-9 levels. During the same period, the report notes, homelessness in England has risen dramatically, with the number of people sleeping rough now 165 per cent higher than it was in 2010.

It has not been possible to provide a direct link; therefore, please go to www.mungos.org and follow on-site links to the report. For the response of the Local Government Association, click here.

Section 21 reform – Communities Secretary issues statement
On 23 April 2019 the Communities Secretary James Brokenshire issued a written statement to the House of Commons relating to the government’s announcement that it would reform the legislative framework governing how private tenancies can be ended in England. He said:
“Bringing an end to so called ‘no fault evictions’, would mean that a tenant cannot be forced to leave their home unless the landlord can prove a specified ground, such as rent arrears or breach of tenancy agreement. It would provide tenants with more stability and protect them from having to make frequent and short notice moves. It would also empower tenants to challenge their landlord about poor property standards where this occurs, without the worry of being evicted as a result of making a complaint.

“The private rented sector must also remain a stable and secure market for landlords to continue to invest in. The legislation I intend to introduce will include measures that provide landlords with additional safeguards to successfully manage their properties. We will strengthen the existing grounds for eviction available to landlords under Section 8 of the Housing Act 1988. This will allow the landlord to regain their property when they want to sell it or move into it themselves.
“It is important that landlords can have confidence that the court system works for them in instances when there is no other option but to seek possession of their property through the courts. That is why this announcement includes improvements to court processes, to make it quicker and smoother for landlords to regain their properties when they have a legitimate reason to do so.”

For the full statement, click here.

Use of statistics on impact of Rough Sleeping Initiative
On 18 April 2019 Sir David Norgrove, Chair of the UK Statistics Authority, wrote to Lord Bourne, Parliamentary Under Secretary of State at MHCLG, about the reliability of that department’s rough sleeping statistics in the light of “a significant change between 2017 and 2018 in the method many local authorities used to record the number of rough sleepers in their areas,” particularly those receiving funding under the Rough Sleeping Initiative. Sir David concluded:
“Until MHCLG provide greater clarity, we believe MHCLG’s latest rough sleeping statistics should not be used to draw firm conclusions about recent trends in rough sleeping and cannot yet support public claims about the success of the Rough Sleeping Initiative.”
For the letter, click here.

Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019
These Regulations, which come into force on 7 May 2019, amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (the Eligibility Regulations) which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 or for housing assistance under Part 7 of that Act. For these purposes, ‘person subject to immigration control’ has the meaning given in section 13(2) of the Asylum and Immigration Act 1996.

Under regulations 4 and 6 of the Eligibility Regulations, a person who is not subject to immigration control is ineligible for an allocation of social housing and for housing assistance respectively where they are not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland or their only right to reside in those places is—

(a) as an EEA ‘jobseeker’ or as the ‘family member’ of an EEA jobseeker;

(b) an initial right to reside for a period not exceeding three months under the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);

(c) because they are a non-EEA national primary carer of an EEA dependant under the EEA Regulations.

Regulations 3(a) and 4(a) amend those provisions. The effect of the amendments is to maintain the status quo so that where a person with a right to reside of the type mentioned above is also granted limited leave to enter or remain in the United Kingdom pursuant to Appendix EU of the immigration rules, this does not affect their eligibility.

Regulations 3(b) and 4(b) amend an incorrect cross-reference to the Immigration (European Economic Area) Regulations 2006.

For the 2019 Regulations, click here. For the Eligibility Regulations, click here. For the Housing Act 1996, click here.

Can private landlords refuse to let to Housing Benefit claimants?
On 16 April 2019 the House of Commons Library published a briefing considering evidence of private landlords' reluctance to let to prospective tenants in receipt of Housing Benefit/Universal Credit. The paper looks at the reasons behind this reluctance and action being taken to challenge landlords and/or agents who operate a ‘no DSS’ policy. For the briefing, click here. On 27 April 2019 Radio 4’s Moneybox focused on the difficulties of renting whilst on benefits; to listen to that programme, click here.

Benefit discrimination in rented housing
On 23 April 2019 the Commons Select Committee on Work and Pensions began an investigation into discrimination against benefit claimants in the housing sector. In a postponed session the committee heard from landlords and tenants, as well as banks, property agents and Shelter. The lenders and property agents were questioned about their policies in relation to benefit recipients, and what action they will take to rectify any potential discriminatory impacts of their policies. The landlords and tenants provided personal testimony of their experience of discrimination against benefit recipients in housing, and what the solutions are. For more information and to watch the evidence session, click here.

Residence documents for foreign nationals living in the UK
On 15 April 2019 the Home Office published information on what documents are required of foreign nationals to prove their right to live in the UK. Certain current residence documents will no longer be valid after 31 December 2020. For the advice, click here.

Grenfell environmental checks: update on forthcoming community consultation events
On 23 April 2019 the MHCLG published an update to the Grenfell community on forthcoming consultation events. For details, click here.

Universal credit
On 24 April 2019 the Institute for Fiscal Studies published a report which found that eleven million adults (and a third of working-age ones) will be in households entitled to some universal credit (UC). Around 4.2 million of these will be at least £100 per year better off than under the current system and 4.6 million will – after transitional protection expires – be at least £100 per year worse off. Large gains and losses from UC are common: 1.6 million adults will gain by more than £1,000 per year and 1.9 million will lose at least that much. Among those losing £1,000 per year or more, three-quarters are affected by UC’s harsher treatment of the following groups:

• those with financial assets greater than £6,000;
• the self-employed reporting low levels of earnings;
• couples where one member is above state pension age and the other below;
• some claimants of disability benefits (though other claimants will gain).

According to the IFS, those in working rented households on means-tested benefits are most likely to gain large amounts – 29 per cent see an increase in entitlement of at least £1,000 per year.

For the report, click here. For a briefing note, click here. For the associated press release, click here.

Short-term letting: London Mayor calls for registration system
On 23 April 2019 the Mayor of London, Sadiq Khan, called on the government to introduce a new registration system for anyone wishing to rent out a property for less than 90 days in a calendar year in London to help protect the capital’s housing for long-term residents. Since 2015, the law has capped short-term lets in London at a total of 90 nights per year, which helps protect long-term rented housing. However, the Mayor says that the law is near-impossible for councils to enforce, and only Airbnb has implemented a voluntary cap following City Hall’s call. For details, click here.

All Party Parliamentary Group on short lets formed
On 23 April 2019 Karen Buck MP announced on Twitter the launch of an All Party Parliamentary Group on Short Lets. She said that it was necessary “to strike the right balance between the sharing economy, housing supply and the interests of all who live in neighbourhoods with large short let sectors”. For the announcement, click here.

‘Legal aid deserts’ for housing law advice: Law Society
On 25 April 2019 the Law Society published analysis revealing catastrophic ‘legal aid deserts’ across the country. It found that more than half of the local authorities in England and Wales have no publicly funded legal advice for housing. Whole counties are without any housing legal aid – for example, Suffolk – while other areas have just one provider. In Cornwall, one law firm serves a population of over half a million spread over 1,300 square miles. Law Society president Christina Blacklaws said:

“People facing homelessness or trying to challenge a rogue landlord increasingly can’t get the expert legal advice they desperately need.”

For more details, click here.

Housing options for serving and ex-military personnel
On 25 April 2019 the House of Commons Library published a briefing outlining the housing options open to serving and ex-military personnel. It does not cover service accommodation provided by the Ministry of Defence. For the briefing, click here.

Help to Buy – Wales: Shared Equity Loan Scheme: January to March 2019
On 25 April 2019 the Welsh Government published data for January to March 2019, including information on the number of homes purchased and the value of the loans received under the Shared Equity Loan Scheme. During the period 8,731 properties were purchased under the scheme. Of these 76 per cent were purchased by first time buyers. The total value of equity loans was £326.7 million and the total value of properties purchased was £1,649.5 million.

Completed purchases using the scheme increased year-on-year to a peak of 1,939 in 2017-18 before dropping by 5 per cent to 1,849 in 2018-19. To date, the mean (average) purchase price paid for all completed purchases was £188,925 whilst the median was slightly lower at £182,995. During 2018-19, the mean purchase price paid was £200,878 and the median was £196,995. For the full data, click here.

Warrant suspension applications and disability discrimination
On 26 April 2019 Local Government Lawyer reported that the Supreme Court has refused to grant permission to appeal to a tenant who sought to argue that he had been subjected to disability discrimination when facing enforcement of a suspended possession order. In Paragon Asra Housing Ltd v Neville [2018] EWCA Civ 1712 the housing association, appealing to the Court of Appeal, had successfully argued that the district judge who granted the suspended possession order had already determined that it did not discriminate against the tenant on the basis of his disability, and therefore the enforcement of that order did not discriminate against the defendant. For the Court of Appeal judgment, click here. For the Local Government Lawyer article, click here.

Mental health impact on tenants in flats with Grenfell-style cladding
On 26 April 2019 The Guardian reported the results of a survey by UK Cladding Action Group of 200 tenants who live in 21 buildings which have cladding similar to that on the Grenfell Tower. 127 people told the Action Group that their mental health had been “hugely affected” by the cladding problems, 160 complained of stress and 50 said they had sought medical help as a direct result of the situation. For the article, 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

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 was due to take place on 1 February 2019 but Parliament did not sit on that day and the second reading will now take place on a date to be announced. 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. Second reading had been further postponed until 22 March 2019 but the Bill was not called. The Bill is now expected to have its second reading debate 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. Second reading has been postponed to a date to be announced. 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. Second reading has been postponed to a date to be announced. 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. Second reading has been further postponed and will now take place on a date to be announced. For the Bill as introduced, 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. Second reading has been postponed to a date to be announced. 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. Second reading has been further postponed and is now expected to be on a date to be announced. 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 was agreed by the Assembly on 27 March 2019. The 28-day period during which the Counsel General or the Attorney General may refer the Bill to the Supreme Court for a decision on its competence ended on 25 April 2019 and no such reference was made. The Bill awaits Royal Assent. For the Bill, as amended at Stage 3, associated information and to follow its progress, click here

Fire Safety (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Marsha De Cordova, would require freeholders of certain properties that have failed fire safety tests to carry out remedial work; to make provision for sanctions for such freeholders who fail to carry out such work; to ensure that leaseholders are not held liable for the costs of such work; and to make provision for a loan scheme to assist freeholders in carrying out such work. It received a first reading on 28 November 2018 and will have its second reading on a date to be announced. To follow progress of the Bill, click here.

HOUSING LAW CONSULTATIONS

Enforcement of possession orders and alignment of procedures in the county court and high court
The Civil Procedure Rules (CPR), made by the Civil Procedure Rule Committee (CPRC), govern civil court processes including enforcement of court orders, and thus of orders for possession. The CPRC is concerned that the Rules regarding enforcement of possession orders ought to be reformed but wishes to obtain views from actual and potential court users, and those potentially affected, before determining what (if any) changes to make in the existing rules and system. The proposals in this consultation are intended to improve the process of enforcement of possession orders in order to bring it up to date with a modern justice system that is open and transparent and in tune with the needs of both the claimant and defendant and others affected.

The consultation closes on 2 May 2019. For more details and to complete the online survey, click here.

Tackling homelessness together
This consultation seeks views on how the government could improve local accountability for the delivery of homelessness services. The MHCLG is seeking views on:

• the effectiveness of existing non-statutory and statutory local accountability and partnership structures in homelessness services
• whether the government should introduce Homelessness Reduction Boards and, if so, how this could be done most effectively
• how else the government might improve local accountability and partnership working in homelessness services.

The consultation closes on 16 May 2019. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

The Court of Appeal on second possession claims Andy Lane Local Government Lawyer 19 April 2019 – to read the article, click here

When is a licence a secure tenancy? Giles Peaker Nearly Legal 21 April 2019 – to read the article, click here

But, it’s a long, long while… [Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors (2019) EWCA Civ 692] Giles Peaker Nearly Legal 22 April 2019 – to read the article, click here

Fixing funding for homelessness services Beatrice Orchard Homeless Link Blog 23 April 2019 – to read the article, click here

Scrapping Section 21: a victory for every housing campaigner James Austin Shelter Blog 23 April 2019 – to read the article, click here

Brexit leaves domestic policy in the shadows Rebecca Clarke CIH Blog 24 April 2019 – to read the article, click here

Housing allocation schemes: indirect discrimination Michelle Caney Local Government Lawyer 26 April 2019 – to read the article, click here

Labour is right to speak out on rabbit-hutch Britain Julia Park The Guardian 27 April 2019 – to read the article, click here

Housing: recent developments Jan Luba QC and Sam Madge-Wyld Legal Action April 2019 – to read the article (subscription required) click here

HOUSING LAW DIARY

2 May 2019                                          
End of consultation period for Enforcement of possession orders and alignment of procedures in the county court and high court (see Housing Law Consultations)

16 May 2019                                        
End of consultation period for Tackling homelessness together (see Housing Law Consultations)

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Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk

RECRUITMENT

Featured Jobs of the Week

Role: Part or Full Time Housing Law Solicitor / Case worker

Qualifications: 1-5 PQE Solicitor or experienced Paralegal, LAA Supervisor status preferable.

Salary: Based on PQE and experience.

Details:  We are expanding our Housing Law department by recruiting a dedicated and enthusiastic solicitor/caseworker. We advise clients on a range of housing law matters including private and public landlord disputes relating to possession, disrepair, homelessness, injunctions, unlawful eviction, leaseholder disputes and succession matters. Team work alongside other Solicitors will be key, as will the ability to advise clients and negotiate effectively with opponents. Experience in legal aid work, CCMS management, billing legal and inter partes costs will be useful (but training will be provided to the right candidate).

Closing date: 10 May 2019

Please send CV and covering letter to hvm@dowse.co.uk  or ps@dowse.co.uk and/or call Hannah Venn-Munns or Patrick Spence on 020 7254 6205 to discuss the role.  www.dowse.co.uk

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Housing Choices Assessment Officer

We have an opportunity for an enthusiastic and motivated team player who will be a first point of contact, providing initial advice and triaging customers. Duties will also involve providing assistance in accessing other support such as food banks and fuel payments, registering for housing, processing housing applications and ensuring the effective administration of the housing register.

Previous experience of supporting vulnerable customers and an understanding of choice based lettings scheme essential. 

36.25 hours per week

£21,589 - £24,799

Temporary until 31 March 2020

 

For the full job pack, please click here

Apply using the on-line application process.
  
Closing Date: 9 May 2019.

Brighton & Hove City Council
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Brighton & Hove City Council
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Brighton & Hove City Council
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Homes for Haringey
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Islington Council
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London Borough of Waltham Forest
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Newlon Housing Trust
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