2nd October 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Domestic Abuse Bill
The second reading of the Domestic Abuse Bill is scheduled to be debated in the House of Commons on 2 October 2019. For the Bill as introduced, click here. To follow progress of the Bill, click here. For a briefing on the Bill by the Local Government Association, click here. For a House of Commons Library briefing on the Bill, published in advance of the second reading, click here.

Legal aid and housing cases
On 26 September 2019 the Ministry of Justice published legal aid statistics for April to June 2019. In that period, there were 9,000 legally aided housing cases (down 11 per cent on a year ago) costing £7 million (down 1 per cent on a year ago). Over 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In April to June 2019 there was a 5 per cent increase in housing work starts compared to the same quarter the previous year. There was a 14 per cent decrease in completed claims and a 22 per cent fall in expenditure. For the full statistics, click here.

'No fault' section 21 evictions
On 27 September 2019 the House of Commons Library published a paper providing background on the use of section 21 of the Housing Act 1988 to evict assured shorthold tenants on a 'no-fault' basis. The Government is consulting on its abolition; the paper considers the implications for landlords and tenants and early reactions to the Government's proposals. For the paper, click here.

Leasehold dwellings in England: 2017 to 2018
On 26 September 2019 the MHCLG published statistics which provide an estimate of the number of leasehold dwellings in England in 2017-2018. During that period there were an estimated 4.3 million leasehold dwellings in England. This equates to 18 per cent of the English housing stock. Of these, 2.3 million dwellings (55 per cent) were in the owner occupied sector and 1.7 million (39 per cent) were privately owned and let in the private rented sector. The remaining 249,000 (6 per cent) were dwellings owned by social landlords and let in the social rented sector. More than two-thirds (69 per cent, 2.9 million) of the leasehold dwellings in England were flats; 31 per cent (1.3 million) were houses. These figures have not changed since 2016-17, when this estimate was last produced. For the full statistics, click here.

Rogue letting agents – Brent and Harrow
On 27 September 2019 Brent Council reported that council officers from Brent and Harrow Trading Standards checked 67 letting agent websites in both boroughs and found only 14 to be compliant with the law. Brent and Harrow Trading Standards is also pursuing letting agents that are not registered with approved money protection schemes or registered in a 'redress scheme', which enables renters to escalate complaints. The Trading Standards team has sent 293 advisory letters to letting agents across both boroughs warning agents of the actions they need to take. Officers have carried out inspections in 49 letting offices in Brent and Harrow. Nine businesses have been issued with financial penalty notices, and six have received formal written warnings. Others are still under investigation.

For the full report, click here.

Homelessness: April to June 2019 – Wales
On 26 September 2019 the Welsh Government published data on the number of households applying to local authorities for housing assistance under the Housing Wales Act 2014 and the number of homeless households in temporary accommodation for April to June 2019. 2,391 households were threatened with homelessness within 56 days, which is lower than in the previous five quarters. Homelessness was successfully prevented for at least six months in 67 per cent of cases. The quarterly prevention rates have fluctuated within the 65 to 69 per cent range since April 2017.

Almost 3,000 households were homeless and owed a duty to help secure accommodation. Of these, 40 per cent were successfully helped to find accommodation. The quarterly success rates have fluctuated within the 39 to 43 per cent range since April 2017.

For the full statistics, click here.

Right to reside after Brexit
The AIRE Centre has published a series of information sheets about the right of EEA nationals to remain in the UK after Brexit under the EU Settlement Scheme. For the information sheets, click here.

Resident involvement in social housing
On 27 September 2019 HouseMark, jointly owned by the Chartered Institute of Housing and the National Housing Federation, released research as part of the review of its STAR (Survey of Tenants and Residents) methodology. Capturing the customer voice: How social landlords are gathering and using resident feedback in 2019 benefits from the input of more than 250 providers from across the sector. Launched in May, the review aims to ensure that STAR provides social landlords with the best possible insights to deliver and demonstrate an excellent customer experience. HouseMark Chief Executive Laurice Ponting said:

“Capturing the customer voice to improve ways of working and shape services is essential. It is also a key tool to enable the sector to respond proactively to emerging policy direction. The scale of response from across the sector demonstrates the huge interest and enthusiasm from landlords to engage with residents to improve their services. This appetite has been echoed in the overwhelming response from tenants. We have now received close to 8,000 responses, showing a clear desire from residents to be involved and have their voices heard.”

For the report, click here.

Rents for social housing
On 26 September 2019 the Regulator of Social Housing published the second release of the Statistical Data Return 2018-2019. It shows a reduction in the average rent for general needs social housing in England and a significant difference in rent levels across regions.

Private registered providers of social housing with 1,000 or more units / bedspaces have reported an average net rent of £95.12 per week for the general needs rental stock (excluding Affordable Rent and intermediate rent) properties that they own. This is a reduction of 1.3 per cent since 2018; however, increases in service charges have meant gross rents have seen a lesser reduction.
Other findings include:

  • London, the South East and the East of England have the highest net rents on average (ranging from £98.99 to £121.85 per week) and the North East has the lowest average weekly net rent of £77.89.
  • Supported housing net rents have reduced by 0.3 per cent since 2018 – the key driver behind the lower level of decrease appears to be units that have an absolute exception from the 1 per cent per annum rent reduction. After controlling for these units a 1.3 per cent reduction can be seen.
  • Affordable Rent rents for general needs units have reduced by 0.7 per cent since 2018, with an average gross rent of £126.94 per week in 2019.
  • Average service charges in England for supported housing increased by 5 per cent between 2018 and 2019.

For the two RSH releases, click here.

Access of social housing tenants to communal gardens
On 27 September 2019 The Guardian reported that “social and affordable housing residents are being denied access to the gardens of a multimillion pound west London development despite political promises to ban segregated play areas.” The report states that access to the communal gardens of Westbourne Place in Maida Vale has been blocked for social and affordable housing residents in order to avoid the tenants facing the “financial burden” of high service charges. For the report, 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

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.

Tenancy (Deposits and Arbitration) Bill
This Private Members' Bill, sponsored by Lloyd Russell-Moyle, would establish a single custodial tenancy deposit scheme; to provide for that scheme to invest deposits; to require interest on such investments to be used for the provision of tenant advocacy, tenant support and arbitration services; to establish a mandatory arbitration service for the resolution of disputes between landlords and tenants. The Bill received its first reading in the House of Commons on 13 March 2019. The second reading is scheduled to take place on a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Freehold Properties (Management Charges) Bill
This Private Members' Bill, sponsored by Preet Kaur Gill, would require landlords to provide accounts of management charges payable under section 19 of the Leasehold Reform Act 1967 to freehold property owners. The Bill received its first reading in the House of Commons on 5 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Ground Rents (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Eddie Hughes, would regulate ground rents charged on leasehold properties; make provision for a cap on ground rents; and make property developers liable for the legal costs of leaseholders seeking to vary certain ground rent contracts. The Bill received its first reading in the House of Commons on 25 June 2019. The second reading is yet to be scheduled. The Bill is being prepared for publication. To follow progress of the Bill, click here.

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HOUSING LAW CONSULTATIONS
 

A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants
On 15 April 2019, the government announced that it will put an end to so called ‘no-fault’ evictions by repealing section 21 of the Housing Act 1988. Under the new framework, a tenant cannot be evicted from their home without good reason. The government says that this will provide tenants with more stability, protecting them from having to make frequent moves at short notice, and enabling them to put down roots and plan for the future. The government also proposed to strengthen the section 8 eviction process, so landlords are able to regain their property should they wish to sell it or move into it themselves. This will provide a more secure legal framework and a more stable rental market for landlords to remain and invest in.

This consultation seeks views on how section 21 of the Housing Act 1988 has been used in the past, and the circumstances in which landlords should be able to regain possession once it has been abolished, including what changes may be necessary to the existing grounds for possession in Schedule 2 to the Housing Act 1988.

The government is also inviting views on the implications of removing the ability of landlords to grant assured shorthold tenancies in the future, how the processing of repossession orders through the courts could be improved, and whether the reforms should be extended to other types of landlords, most notably, to housing associations.

The consultation closes on 12 October 2019. For the consultation document, click here.

Rogue landlord database reform
​The database of rogue landlords and property agents was introduced in April 2018. The database is targeted at only the most serious and prolific criminals, who are convicted of the limited range of banning order offences. The database is currently an enforcement tool available to local authorities, except in certain circumstances where anonymised, aggregated data can be requested by the public.

In October 2018 the Prime Minister committed to opening up access to information on the database of rogue landlords and property agents to tenants. This consultation is seeking views on widening access to the database to allow tenants and prospective tenants access to the database. To ensure that the database is a useful tool for local authorities and tenants, we are also seeking views on expanding the scope of offences and infractions which could lead to entries on the database.

Annex A contains the current list of offences and infractions which lead to inclusion on the database. Annex B contains a list of proposed offences and infractions for inclusion on the database.

The consultation closes on 12 October 2019. For the consultation document and annexes, click here.

Homelessness Reduction Act 2017: call for evidence
The Government regards the Homelessness Reduction Act as a key lever for reducing homelessness and helping to halve rough sleeping by 2022 and ending it altogether. This call for evidence seeks to gather evidence on:

  • the impact the Act has had and the outcomes that are being achieved;
  • how has the Act changed the approach of local housing authorities and their partners to tackling homelessness and supporting those in need;
  • the experience of people approaching their local housing authority for help;
  • how the implementation of the Act has been resourced, including the level of new burdens funding to assist this; and
  • what elements of the Act and processes are working well, and which might need adjustment.

The consultation closes on 15 October 2019. For the consultation document, click here.

Sprinklers and other fire safety measures in new high-rise blocks of flats
On 5 September 2019 the MHCLG launched a consultation outlining the government’s intention to reduce the “trigger height” at which sprinkler systems would be required in new high-rise blocks of flats and asking for views on the trigger height options. It also seeks views on proposals to improve wayfinding signage within blocks of flats, and to install evacuation alert systems for use by fire and rescue services. The consultation closes on 28 November 2019. For the consultation document, close here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

The end of s21? Mary Walsh and Liam Hale Local Government Lawyer 25 September 2019 – to read the article, click here

What now for shared ownership? John Murray Local Government Lawyer 25 September 2019 – to read the article, click here

The Tenant Fees Act: Does it have any teeth? Katrina Mather Local Government Lawyer 25 September 2019 – to read the article, click here

Social housing crisis builds as government passes the buck Jane Dudman The Guardian 25 September 2019 – to read the article, click here

The Housing Year: 12 cases – 2018/9 Andy Lane Local Government Lawyer 26 September 2019 – to read the article, click here

Flexible tenancy renewal Jon Holbrook Local Government Lawyer 26 September 2019 – to read the article, click here

Domestic abuse and housing Jo Underwood Legal Action September – to read the article, click here

'They find the city intimidating': I help young people in rural areas broaden their horizons Tim Clark The Guardian 26 September 2019 – to read the article, click here

Property Guardians, commercial buildings and rates – appeal and grey areas Giles Peaker Nearly Legal 29 September 2019 – to read the article, click here

The homeless death of Kane Walker: how we let down the kid from care Simon Hattenstone and Daniel Lavelle The Guardian 30 September 2019 – to read the article, click here

Healthy housing depends on effective post-occupancy evaluation Fionn Stevenson CIH Blog 30 September 2019 – to read the article, click here

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

2 October 2019                                     
Second reading of Domestic Abuse Bill (see Housing Law News and Policy Issues)

12 October 2019                                   
Closing date for submissions on the government’s consultation on a new deal for renting (see Housing Law Consultations)

12 October 2019                                   
Closing date for submissions on the government’s consultation on rogue landlord database reform (see Housing Law Consultations)

14 October 2019                                   
Queen’s Speech

14 October 2019                                  
Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2019 come into force

15 October 2019                                   
Closing date for submissions on the government’s consultation on the Homelessness Reduction Act 2017 (see Housing Law Consultations)

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