HOUSING LAW NEWS & POLICY ISSUES

Social housing green paper
On 26 June 2019 the Prime Minister announced, in a speech to the Chartered Institute of Housing conference, that the Government’s action plan and timetable for implementing reforms of social housing, as set out in its green paper, will be published in September 2019. She said that the action plan would include “the creation of a stronger consumer regulation regime for social housing, enhancing tenants’ rights and making it easier to enforce them; changes to the way complaints are resolved, so that tenants know exactly how to raise concerns and can be confident their voices will be heard and acted on; empowering residents still further by requiring landlords to demonstrate how they have engaged with their tenants; and a commitment to further boost the supply of high-quality social housing through the Affordable Homes Programme and other funding.” For the full text of the Prime Minister’s speech, click here.

Unfair practices in the residential leasehold market: Government announcement
On 27 June 2019, in a speech at the CIH conference, the Communities Secretary James Brokenshire confirmed plans to abolish the selling of new houses as leasehold properties and reduce ground rents for new leases to zero. There will also be introduced a restriction on the time freeholders may take (fifteen working days) and the maximum fee they may impose (£200) for providing information necessary to enable leaseholders to sell their properties.

A consultation in late 2018 – Implementing reforms to the leasehold system in England – set out how the Government intended to make changes to tackle unfair practices in the residential leasehold market and on how the reforms should be implemented. For the Government’s response to the consultation, click here. For the consultation document itself, click here. For the text of the Communities Secretary’s speech, click here. For the official announcement concerning the proposed reforms, click here.

Homeless people and A & E visits
Research published in the British Journal of General Practice on 1 July 2019 concludes that a high prevalence of substance and alcohol dependence, and hepatitis C, exists among the homeless population. Their emergency department visit rate is 60 times that of the general population and the extent of multimorbidity, despite their lower mean age, is comparable with that of 60–69-year-olds in the general population. Because of multimorbidity, homeless people are at risk of fragmentation of care. Diversification of services under one roof, preventive services, and multidisciplinary care are imperative. For more details of the research, click here.

People with disabilities: Government announces new measures
On 25 June 2019 the Government announced new measures to tackle “injustices faced by disabled people in the workplace, at home and in the community”. These will include a consultation on mandating higher accessibility standards for new housing which “could help deliver up to 300,000 new accessible and adaptable homes every year”. Guidance will also be published to help councils meet current standards for accessible housing in England. For the Government’s announcement, click here.

People with hidden disabilities: Local Government Ombudsman’s report
On 28 June 2019 the Local Government and Social Care Ombudsman issued a reminder to local authorities to check their procedures to avoid disadvantaging people with ‘hidden disabilities’ following the publication of three separate investigation reports into London councils by the Ombudsman. The Ombudsman said that the cases show that councils are not doing enough to enable someone to use their services.

In one of the cases, London Borough of Hillingdon did not suspend housing benefits payments when a woman told it she had returned to work. Consequently, she accrued an overpayment of more than £1,000. When the council demanded she repay the money, it did not help her navigate its complex system. It would not give her a named officer to email and often insisted she telephone, which she found difficult because of her autism, despite her explaining why this would cause her problems. For more information, click here.

Legal aid and housing cases
On 27 June 2018 the Ministry of Justice published legal aid statistics for January to March 2019. In that period, there were 9,000 legally aided housing cases (down 9 per cent on a year ago) costing £7 million (down 4 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 January to March 2019 there was a 1 per cent increase in housing work starts compared to the same quarter the previous year. There was a 10 per cent decrease in completed claims and a 2 per cent fall in expenditure. For the full statistics, click here. For an article in The Guardian concerning the lack of legal for homelessness cases, click here.

Mobile (park) homes
On 28 June 2019 the House of Commons Library published a briefing paper providing an overview of the rights of residents who live year-round on mobile home parks. The main focus of the paper is on mobile home owners in England but sections on Wales, Scotland and Northern Ireland are included. For the paper, click here.

Another briefing paper, published on 26 June 2019, explains the requirement to pay 10 per cent commission on the sale price of a mobile home to the site owner and provides information on various reviews of that requirement. Mobile home owners regard the commission charge as "unfair and out of date", whilst site owners regard it as an important source of income. For this paper, click here.

Housing Ombudsman: Select Committee interviews the Government’s preferred candidate
On 27 June 2019 the Housing, Communities and Local Government Select Committee held a pre-appointment hearing for the Government’s preferred candidate for Housing Ombudsman, Richard Blakeway. A pre-appointment hearing is an opportunity for a select committee to assess a candidate’s suitability for their appointment, including their knowledge, skills and independence. The Committee will publish a short report on the appointment on 4 July 2019. To watch the hearing, click here.

Housing of military personnel: Select Committee report
On 28 June 2019 the Commons Public Accounts Committee published a report which found that:

• Too many military personnel are living in poor housing, damaging morale and risking the loss of vital skilled staff;
• Nearly one in five properties lie empty;
• The Ministry of Defence needs to make military housing a greater priority.

For the report, click here. For a summary, click here. For the conclusions and recommendations, click here.

Households in temporary accommodation – England
On 28 June 2019 the House of Commons Library published a briefing paper which provides background information on the increase in the number of homeless households placed in temporary accommodation by English local authorities and outlines various initiatives and issues associated with the increased use of temporary accommodation. For the briefing paper, click here.

Home ownership and young people
On 29 June 2019 the Local Government Association published analysis showing that just 11 per cent of people born in 1996 own their home today, compared with 21 per cent of those born in 1976 who owned their own home by the time they were 22. The LGA’s report, Understanding Local Housing Markets, warns that many young people face renting into retirement, as the high cost of the private rental sector is preventing households from being able to save for a deposit needed for a new home. For the report, click here.

Tower block residents to sue over fire risk – Manchester
On 25 June 2019 The Guardian reported that residents of 14 Manchester tower blocks plan to sue the government for failing to protect them from fire. Leaseholders in the blocks face bills of up to £80,000 each to remedy fire risks because the risks emanate from defects other than combustible cladding (for which funding has been promised by government). The residents are reportedly working with lawyers to bring legal action against the government, arguing that it is unjust for only some residents to be recompensed when the problems appear to be systemic. For the report, click here.

Disrepair in privately rented homes
On 26 June 2019 Citizens Advice published the results of a survey, conducted by ComRes, of landlords and tenants which revealed that many landlords do not know or understand their legal obligations, while renters are not aware of their rights or do not feel able to enforce them. According to the report – Getting the house in order – this has resulted in many tenants live in homes with health-affecting hazards such as mould or dangerous problems such as not working or missing smoke or carbon monoxide alarms.

Gillian Guy, Chief Executive of Citizens Advice, said: “The government must establish a national housing body to ensure landlords let property that meet legal standards, and gives renters the support they need when they don’t.” For the report, click here. For the associated press release, click here.

Smoking and social housing tenants
On 27 June 2019 ASH (Action on Smoking and Health) published a report finding that 512,000 (or one in seven) social tenants are living in poverty because of the impact of smoking costs on their disposable income. A third of those living in social housing smoke, which is twice the national average. On average, tobacco costs tenants £2,600 per year. In The quitting dividend for tenants and landlords ASH urges social landlords to “use their unique position to provide additional support to help tenants stop smoking. This will improve their finances, helping some tenants to reduce their rent arrears, and save lives.” For more details, click here. For the report, click here.

Balconies on residential buildings: advice note
On 24 June 2019 the MHCLG published an advice note for residents and building owners of residential buildings with multiple dwellings (ie blocks of flats), although the principles may also apply to other building types. The note advises that where a building has balconies which are constructed of combustible materials and thereby pose a risk of external fire spread then building owners should take appropriate action to manage that risk. For the advice note, click here.
Ending Women’s Homelessness grants programme
On 28 June 2019 Homeless Link announced that its Ending Women’s Homelessness grants programme is now open for submissions. For details of eligibility criteria and the submission procedure, click here.

Establishment of Homelessness Action Group – Wales
On 28 June 2019 the Welsh Government announced that it had invited Jon Sparkes, Chief Executive of Crisis, to chair a small Homelessness Action Group of experts and innovative thinkers, assembled to consider the actions needed to create “a new policy landscape to achieve the goal of ending homelessness” in Wales. The Action Group will work independently to provide policy recommendations on the actions and solutions required to address the following questions:
1. What framework of policies, approaches and plans are needed to end homelessness in Wales?

2. What immediate actions can government take to reduce rough sleeping between now and the winter of 2019/20, and to end rough sleeping altogether?
3. How does the government put the delivery of rapid and permanent rehousing at the heart of preventing, tackling and ending homelessness?
4. How can the government ensure joined-up local partnerships and plans are put in place to prevent, tackle and end homelessness throughout Wales?

For the announcement, click here.

Welsh Housing Quality Standard – 31 March 2018
On 27 June 2019 the Welsh Government published statistics on the Welsh Housing Quality Standard as at 31 March 2018. It stated that at that date:

• 90 per cent of social housing dwellings (203,969 dwellings) were compliant with the WHQS (including acceptable fails) compared to 86 per cent a year earlier.
• Excluding acceptable fails, 63 per cent of all social housing dwellings (142,648 dwellings) were fully compliant with the WHQS.
• Levels of WHQS compliance continue to be higher for registered social landlords (RSLs), with 99 per cent of RSL dwellings achieving WHQS compliance (including acceptable fails) compared to 77 per cent of local authority dwellings.
• Across all social housing, the most common reason given for an acceptable fail was ‘Timing of Remedy’, occurring in over half of all compliant dwellings that contained at least one acceptable fail (54 per cent).
• The components that showed the highest percentage of WHQS compliance (including acceptable fails) were ‘Mains powered smoke detectors’, ‘Kitchens’ and ‘Central heating Systems’, all at 99 per cent respectively.

For the report, click here.

Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019
These Regulations amend the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014, which prescribe the classes of persons subject to immigration control (as defined in in section 13(2) of the Asylum and Immigration Act 1996) who are eligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996, as well as the classes of persons from abroad, not subject to immigration control, who are ineligible for an allocation of housing accommodation under Part 6 of that Act. For the 2019 Regulations, click here. For the 2014 Regulations, 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.

HOUSING LAW CONSULTATIONS

Consultation on a new Rent Standard from 2020
The Regulator of Social Housing is proposing to replace the existing 2015 Rent Standard with a new Rent Standard for registered providers of social housing from 1 April 2020. The proposed changes have come about as a result of the Secretary of State for Housing, Communities and Local Government issuing a Direction in February 2019 to the Regulator of the Social Housing to set a new Rent Standard. The new Standard will also have regard to the Rent Policy Statement published alongside the Direction. The consultation closes on 30 July 2019. For the consultation document, click here.

Support for victims of domestic abuse in safe accommodation
This paper seeks views on the government’s proposals for a new approach to support victims of domestic abuse and their children in accommodation-based services in England. It is consulting on a new delivery model for accommodation-based support. This includes the introduction of a statutory duty on local authorities to provide support that meets the diverse needs of victims of domestic abuse and their children, ensuring they have access to provision that is right for them.
Views are sought on:

• the definition of accommodation-based services and support
• leadership and responsibilities
• local and national accountability
• guidance.

The government would like to hear from victims and survivors, service providers, local authorities, police and crime commissioners and other public agencies, as well as other professionals who support victims and their children.

The consultation closes on 2 August 2019. For the consultation document, click here.

Building a safer future: proposals for reform of the building safety regulatory system
This consultation builds on the recommendations from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. It proposes fundamental reform of building safety requirements so that residents are safe, and feel safe, in their homes. The proposals span five broad areas:

• the scope of the new regime
• the concept of duty holders who have clear responsibilities throughout a building’s design, construction and occupation
• giving residents a stronger voice in the system and ensuring their concerns are never ignored
• plans for a new building safety regulator to provide oversight of the new building safety regulatory regime
• strengthened enforcement and sanctions to deter non-compliance with the new regime.

The Home Office, simultaneously with this document, has issued a call for evidence on the Regulatory Reform (Fire Safety Order) 2005. The consultation closes on 31 July 2019. For the consultation document, click here.

Inquiry into long-term delivery of social and affordable rented housing: Commons Select Committee
On 31 May 2019 the Commons Select Committee on Housing, Communities and Local Government announced a new inquiry into the effectiveness of the Government’s current strategies to boost social and affordable rented housing provision. This will include the adequacy of funding levels, as well as programmes and incentives for key stakeholders, such as local authorities and housing associations, to stimulate delivery. The Committee will also look at the challenges facing different areas of the country and consider what lessons can be learnt from successful schemes in other countries. The Committee invites written submissions to the inquiry by 12 July 2019, addressing the following terms of reference:

• How can the Government ensure the sustainable delivery of social and affordable rented housing to meet long-term need and contribute to the Government’s overall housebuilding targets?
• What levels of central government funding will be required to support this delivery over the next 10 years?
• How effective existing government incentives and programmes are and what further incentives should the Government provide to key stakeholders to stimulate delivery?
• Are supply subsidies the best way of supporting delivery, or should other approaches be considered?
• What should the role of (a) local authorities, as enablers and providers, (b) Homes England (c) housing associations and (d) other providers be in that long-term delivery?
• How does the Government ensure long-term provision (a) meets the needs of tenants and (b) is adequately regulated?
• How can the Government’s approach to delivery best meet the different needs of individual regions and area?
• What lessons can be learned from alternative approaches to social and affordable rented housing delivery in other countries and jurisdictions?

For more details of the inquiry, click here.

Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information
The Welsh Government is consulting on making two sets of regulations under paragraph 6 of Schedule 1, and paragraph 11 of Schedule 2, to the Renting Homes (Fees etc.) (Wales) Act 2019:

• To prescribe the description and the limits of payments in default which are to be regarded as permitted payments.
• To specify information a landlord (or their agent) should provide to a prospective tenant before a holding deposit is taken.

The consultation closes on 19 July 2019. For the consultation document and for methods of responding to it, click here.

Changes to the intervention, enforcement and use of powers guidance by Regulator of Social Housing
The Regulator of Social Housing is running a consultation, closing on 16 August 2019, on changes to its guidance on intervention, enforcement and use of powers. The proposed updates reflect legislative changes, including the introduction of the Housing and Administration regime, the Co-operative and Community Benefit Societies Act 2014 and the move to a standalone status for the Regulator. The guidance sets out the Regulator’s general approach to intervention and enforcement of registered providers and reinforces the high-level objectives and principles underpinning its approach to dealing with poor performance in a rapidly-changing social housing sector. For the consultation document and annexes, click here.

Tenancy deposit reform: a call for evidence
This call for evidence seeks to understand the barriers tenants face providing a second deposit when moving from one tenancy to the next. It looks at what can be done to speed up the return of deposits to tenants at the end of the tenancy.

It considers whether existing initiatives to address deposit affordability are meeting tenants’ needs and whether the market can offer improved products. It also explores innovative approaches that could be taken to help tenants move more easily, including allowing tenants to passport their deposit between tenancies.

The call for evidence, which closes on 5 September 2019, builds on the work of the Tenancy Deposit Protection Working Group, which has been looking at whether improvements can be made to deposit protection to the benefit of tenants and landlords. For the consultation document, click here.

Redress for purchasers of new build homes and the New Homes Ombudsman
This consultation, which closes on 22 August 2019, seeks views on a New Homes Ombudsman and the detail of proposed legislation to provide better redress for purchasers of new build homes. This includes the design and delivery of the New Homes Ombudsman, its powers, remit and how to fund it. The consultation also seeks views on whether a Code of Practice should also be underpinned in statute. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Homelessness lawyers complain of legal aid 'culture of refusal' Owen Bowcott The Guardian 26 June 2019 – to read the article, click here

Britain’s private rented sector isn’t fit for purpose. It’s unfair and unsafe Vicky Spratt The Guardian 27 June 2019 – to read the article, click here

Crown estate faces tenants' anger over rent hikes, evictions and repair delays Simon Murphy The Guardian 30 June 2019 – to read the article, click here

The Homelessness Reduction Act 2017: one year on Liz Davies, Connor Johnston and Tessa Buchanan Legal Action 1 July 2019 – to read the article, click here

Could Airbnb devastate the housing markets in key cities? John Perry CIH Blog 1 July 2019 – to read the article, click here

HOUSING LAW DIARY

3 July 2019                                     
Supreme Court hearing in RR (AP) v Secretary of State for Work and Pensions as to whether statutory authorities have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, so as not to violate a claimant’s rights under the European Convention on Human Rights; and, if so, the extent to which the payment of discretionary housing payments are relevant to the task of the statutory authorities in calculating entitlement.

4 July 2019                                      
Housing, Communities and Local Government Select Committee publishes report concerning Government’s proposed appointment of next Housing Ombudsman (see Housing Law News and Policy Issues)

10 July 2019                                      
Housing (Right to Buy) (Designated Rural Area and Designated Region) (England) Order 2019 comes into force

12 July 2019                                         
Closing date for submission to the Commons HCLG Committee’s inquiry into long-term delivery of social and affordable rented housing (see Housing Law Consultations)

19 July 2019                                         
Closing date for submission to the Welsh Government’s consultation on Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information (see Housing Law Consultations)

30 July 2019                                         
Closing date for submissions to the consultation on a new Rent Standard from 2020 (see Housing Law Consultations)

31 July 2019
Closing date for submissions to the consultation on building a safer future: proposals for reform of the building safety regulatory system (see Housing Law Consultations)

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