17th April 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Section 21 (‘no fault’) evictions to be abolished
On 15 April 2019 the MHCLG published its response to the consultation on overcoming the barriers to landlords offering longer tenancies in the private rented sector. The response proposes:

  • Improving security for tenants by repealing Section 21 of the Housing Act (1988) and, by doing so, putting an end to ‘no-fault’ evictions. This is intended to protect tenants from having to make frequent and short notice moves, and will enable them to plan for the future.
  • Amending the Section 8 eviction process, so that landlords are able to regain their property should they wish to sell it or move into it themselves. This, says the government, will provide a more secure legal framework and a more stable rental market for landlords to remain and invest in.
  • Reforming the court process for housing cases, so that landlords are able to regain (“swiftly and smoothly”) their property where they have a legitimate reason. The government says that this will provide landlords with the security of knowing disputes will be resolved more quickly.

The government will consult before bringing forward new legislation. Communities Secretary, James Brokenshire, said:

“By abolishing [Section 21] evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves – not have it made for them. And this will be balanced by ensuring responsible landlords can get their property back where they have proper reason to do so.”

For the announcement, click here. For the MHCLG’s consultation response, click here. The response within the sector has generally been positive: for the response of the Local Government Association, click here; for that of Crisis, click here; for a blog piece by Generation Rent, which has campaigned for the change, click here; for a comment from the Joseph Rowntree Foundation, click here; for Shelter’s response, click here. However, the Residential Landlords Association warns that “at a time when the demand for rental homes is outstripping supply, especially among vulnerable tenants, the government risks exacerbating the problem if it does not ensure that landlords have complete confidence that they can repossess properties swiftly for legitimate reasons”; for the full response, click here.

Guidance for local authorities to combat rogue landlords
On 9 April 2019 the MHCLG published two new guidance documents intended to help curtail the activities of rogue landlords: one for local authority enforcement practitioners and another for tenants and landlords. The new support for local authorities includes an “easy to navigate digital enforcement package with online learning modules”. The guide for tenants and landlords summarises the rights and responsibilities of each, provides links to detailed guidance on legislation and is intended to complement previous steps by the government to support those in the private rented sector.

For the announcement, click here. For the guidance for landlords and tenants, click here. For the guidance for local authorities, click here.

Rogue landlords: no banning orders issued in first twelve months
On 15 April 2019 The Guardian reported that not a single rogue landlord has been issued with a banning order. Banning orders were introduced by Part 2 of the Housing and Planning Act 2016 which came into effect on 6 April 2018. Heather Wheeler, the Minister for Housing and Homelessness, commented:

“The rogue landlord database is targeted at the most prolific and serious offenders. It is a lengthy process to build cases and secure convictions and it is therefore not surprising that there are only a limited number at this stage. We expect the number of entries to the database to increase during the year as only offences committed from April last year can be included and it can take time to secure convictions.”

For The Guardian’s report, click here. For guidance on banning orders (in addition to that referred to in the previous news item) published by the MHCLG, click here.

Tenant Fees Act 2019: guidance
On 1 April 2019 the MHCLG published:

  • Statutory guidance to assist local authorities in understanding and using their enforcement powers under the Tenant Fees Act 2019, including on the enforcement and appeals procedure for enforcing the Act, imposing civil penalties and co-operating with the lead enforcement authority.
  • Consumer guidance to help inform landlords and letting agents of their rights and obligations under the Act, including a list of permitted and prohibited payments and consequences of a breach of the Act.
  • Consumer guidance to help tenants understand their rights and obligations under the Act, including a list of permitted and prohibited payments and what to do when a tenant thinks his or her rights have been breached under the Act.

For all the guidance, click here.

Tenant Fees Act 2019 (Commencement No 3) Regulations 2019
These Regulations bring into force certain provisions of the Tenant Fees Act 2019 (the Act) in so far as they are not already in force on 15 April 2019. The Act is brought fully into force on 1 June 2019.

Regulation 2 commences sections 24 to 26 and 29 of the Act on 15 April 2019. Section 26 is partially commenced to give the lead enforcement authority the power to take steps to enforce the relevant letting agency legislation defined in section 24(6)(b) to (d). Sections 24 to 25 provide for the establishment of the lead enforcement authority and its general duties. Section 29 makes consequential amendments to the lead enforcement authority’s enforcement functions in respect of the relevant letting agency legislation other than the Act.

Regulation 3 commences all remaining provisions of the Act on 1 June 2019:

  • Sections 1 to 5 of, and schedules 1 and 2 to, the Act relate to prohibitions applying to landlords and letting agents;
  • Sections 6 to 17 of, and schedule 3 to, the Act relate to enforcement;
  • Sections 18 to 20 amend the Consumer Rights Act 2015 and relate to the requirement to publicise fees etc under Chapter 3 of that Act;
  • Section 21 amends the Housing and Planning Act 2016 and relates to enforcement of client money protection schemes for property agents;
  • Section 26 is brought into force for all remaining purposes;
  • Sections 27 and 28 relate to general interpretation;
  • Sections 30 and 32 are final provisions.

For the Commencement Regulations, click here. For the Act, click here.

Right to rent checks: long-resident non-EEA nationals and Windrush generation
On 9 April 2019 the Home Office published guidance for landlords wishing to rent private residential property in England to long-resident Commonwealth citizens (known as ‘Windrush’ cases) and other long-resident non-EEA nationals who have a legal right to live in the UK but do not have documents to prove it. For the guidance, click here.

Right to Buy: updated booklets
The MHCLG has recently published updated versions of several booklets offering advice in respect of Right to Buy. For the updated Want to make your home your own? summary booklet, click here. For a guide on leaseholders' right to a loan for local authority service charges, click here. For guidance for tenants considering buying their flat where the freeholder is a council, housing association or other social landlord, click here. For guidance for tenants on the changes to the Right to Buy scheme, click here.

Gypsy, Roma and Traveller communities: Commons Select Committee report
On 5 April 2019 the Commons Select Committee on Women and Equalities published a report which found that there has been a persistent failure by national and local policy makers to tackle long standing inequalities facing Gypsy, Roma and Traveller communities in any sustained way. Chair of the Committee, Maria Miller, said:

"Our inquiry has tried to shine a light on the issues that are rarely talked about by policy makers: Gypsies and Travellers are likely to die over a decade earlier than non-Travellers, only a handful of Gypsy and Traveller people go to university every year and many Roma are being exploited by rogue landlords and paid far below the minimum wage."

For the report, click here. For a summary, click here.

Gypsy and Traveller caravan count – Wales
On 2 April 2019 the Welsh Government published data on the number of Gypsy and Traveller caravans on authorised, unauthorised and local authority sites on 19 January 2019. There were 1,050 Gypsy and Traveller caravans reported in Wales on that date. There were 124 sites across Wales. There were 59 caravans on unauthorised sites on land owned by Gypsies and Travellers, accounting for 6 per cent of all caravans. A further 78 caravans (7 per cent of all caravans) were on unauthorised sites not owned by Gypsies and Travellers. For the full statistics, click here.

‘County lines’: posters for social housing staff
On 11 April 2019 the Home Office produced posters for social housing staff to support the government’s work to deal with county lines – that is where urban drug dealers expand their activity into small town markets. For the posters, click here.

Data rights of homeless people: ICO funded projects
On 5 April 2019 the Information Commissioner’s Office announced that a project supporting the privacy of homeless people is among the latest recipients of funding from the ICO Grants Programme. Connection at St Martin’s in the Field will engage with homeless people in London to better understand their knowledge and awareness about how their personal information is used. It will provide an effective means of informing homeless people of their data rights and how to enforce them, as well as creating an outreach process that can be taken up by other organisations. For more information, click here.

Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2019
These Regulations, which come into force on 23 April 2019, amend the Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 which, amongst other things, define affordable rent housing for the purposes of the Welfare Reform and Work Act 2016. Regulation 2 amends that definition by identifying another category of accommodation that may be let at an affordable rent, that is accommodation provided by a private registered provider of social housing pursuant to the relevant paragraph of either an agreement between Government and local leaders in Cambridgeshire and Peterborough of 16 March 2017, or an agreement between Government and the local authorities in Oxfordshire of 22 November 2017, under which funding is allocated to support the delivery of social housing let at an affordable rent in these areas.

For the Regulations, click here. For the Cambridgeshire and Peterborough Devolution Deal, click here. For the Oxfordshire Housing and Growth Outline Agreement, click here.

Homelessness Reduction Act 2017: Select Committee investigates implementation
On 23 April 2019 the House of Commons Select Committee on Housing, Communities and Local Government will hold an evidence session on the implementation of the Homelessness Reduction Act when they take evidence from Heather Wheeler, Minister for Housing and Homelessness, homelessness charities and local government. For more information, click here.

Draft Domestic Abuse Bill: Human Rights Committee probes government
On 11 April 2019 Harriet Harman, Chair of the Parliamentary Joint Committee on Human Rights, wrote to ministers responsible for the draft Domestic Abuse Bill, sharing the Committee’s views on the proposed legislation, which is intended to transform the response to domestic abuse and ensure the UK meets the standards of the Istanbul Convention, an international set of standards designed to prevent and combat violence against women and domestic violence. For the letter, click here.

Housing organisations tackling domestic abuse
On 9 April 2019 the Chartered Institute of Housing urged organisations working in the housing sector to sign up to a new pledge – created by CIH in partnership with Women’s Aid and the Domestic Abuse Housing Alliance – which aims to help tackle domestic abuse. It is aimed at organisations that work in or closely with the housing sector but do not provide homes, such as contractors, suppliers, trade bodies and membership organisations. The pledge is a development of CIH’s original Make a Stand pledge, which is designed for social landlords. For more details, click here.

President of the Queen’s Bench Division appointed
On 5 April 2019 it was announced that Dame Victoria Sharp DBE has been appointed as the President of the Queen’s Bench Division from 23 June 2019. This appointment will follow the retirement of Sir Brian Leveson on 22 June 2019. Dame Victoria was appointed a High Court Judge of the Queen’s Bench Division in 2009 and a Lady Justice of Appeal in 2013. She has been Vice President of the Queen’s Bench Division since 2016. For the announcement, click here.

Event fees in retirement properties: Law Commission proposals
On 1 April 2019 the MHCLG confirmed that the government will implement the Law Commission’s  recommendations on event fees in retirement properties, “with exception of two issues” which the Ministry will be exploring in further detail. The Ministry agrees with the aims of the recommendation to establish an online database to provide information to prospective buyers but it will commission further research to understand the best means to achieve this. The government also wants to further consider the recommendation for spouses’ and live-in carers’ succession rights to stay at a property, without payment of an event fee. This is to gain a better understanding of the implications for both consumers and new supply. For more information, click here.

Disabled woman left in unsuitable temporary accommodation: Ombudsman’s report
On 11 April 2019 the Local Government and Social Care Ombudsman reported its finding that a disabled woman, who had previously been sleeping rough in an airport, spent too long in temporary fourth floor accommodation provided by the Royal Borough of Kensington and Chelsea. The woman, who had previously had a stroke, had been diagnosed with severe tinnitus and arthritis, leaving her with chronic balance problems and dizziness. The council provided accommodation up four flights of stairs, despite being told of her medical conditions. When the woman complained, the council told her she could either accept the accommodation, or return to the streets. The council’s delay left the woman spending fourteen months too long in unsuitable accommodation that she struggled to access, and which her GP claimed caused her health to deteriorate.

The Ombudsman’s investigation also found the council at fault for taking twenty weeks to review its decision, when it should have taken just eight. The report criticises the council for confining the review decision to the single issue of whether the woman was homeless, when it should have considered its full duty towards her. The Ombudsman also found fault with the way the council considered the woman’s mobility needs, despite being provided with compelling evidence. The Ombudsman recommended that the council should apologise to the woman and pay her £3,500. For details, click here. A report is available to download from the top right of the opened page (under ‘Downloads’).

Homeless family left in damp and cockroach-infested properties: Ombudsman’s report
On 11 April 2019 the Local Government and Social Care Ombudsman also reported on a case in which London Borough of Haringey did not deal properly with disrepair issues at two properties where it placed a homeless family. Problems the mother and her children encountered in the temporary accommodation included cockroach infestations, issues with the gas supply, mould, damp and broken locks. Some of the problems at their first property were not resolved by the time the family moved out, while many of those at the second property should have been picked up before the family moved in.

The Ombudsman’s investigation found the council at fault in how it dealt with the family’s requests to have the suitability of the properties reviewed, and how it handled their reports of the disrepair problems. It also criticised the council for directing the family to the wrong Ombudsman after dealing with their complaints. The council has agreed to apologise to the family. The Ombudsman has also asked the council to pay them £1,600 in recognition of the faults identified. It has only agreed to pay part of this amount. The council, in the view of the Ombudsman, should also reimburse the cost of cleaning the second property and for buying curtains and blinds. The council has agreed to conduct an inspection of the second property with the mother present, and give her a clear schedule of works to be carried out. For details, click here. A report is available to download from the top right of the opened page (under ‘Downloads’).

Leasehold and commonhold reform
On 12 April 2019 the House of Commons Library published a briefing paper considering trends in leasehold ownership and ongoing problems associated with the sector. The government has committed to legislation. For the briefing, click here.

Housing: House of Commons debate
On 9 April 2019 the House of Commons held a general debate on housing. For the Hansard record of  the debate, click here. For a webpage hosting links to a selection of relevant House of Commons Library papers relevant to the debate, click here.

Tenants’ perception of ‘value for money’ – Wales
On 12 April 2019 TPAS Cymru published results of a second survey of the views on value for money (VfM) of social housing tenants from across Wales. The survey found that “a considerable number of tenants felt that their rent was value for money which is consistent with the previous survey [of a year ago]. However, there has been an increase in tenants feeling that they don’t get value for money and those that don’t know. This makes up almost one-third of the data. TPAS Cymru feel that whilst landlords are effective in monitoring VfM, these perceptions may be a direct result of the recent changes in rent policy, resulting in many increased rents.” For the report, click here.

Private sector rents: January to March 2019
On 12 April 2019 the Deposit Protection Service published the DPS Rent Index for the first quarter of 2019. It found that the average monthly UK rent fell to £757 in that period, with tenants paying £5 less than the previous quarter and £17 less than a year ago. Average rents are now at their lowest point since the first quarter of 2016. DPS says that this may be driven by tenants not choosing to move properties until after the tenant fees ban comes into effect on 1 June 2019. For the full report, click here.

Short-term lets should be regulated: CIH
On 4 April 2019 CIH published a report stating that the rapid growth of short-term lets, such as Airbnb, could lead to the loss of private rented homes to the short-term lets market and displacement of long-term residents from their communities if left unregulated. According to the UK Housing Review 2019, potential impacts of the growth in short-term lets include:

  • Non-compliance by hosts with existing regulations, such as insurance, fire safety and planning permission.
  • Prolonged loss of communal spaces, conveniences and facilities, because not only homes, but entire neighbourhoods, are being shared.
  • Impact on local housing markets both with respect to rising rents and increased property values, especially in quite tightly bounded local areas, such as Edinburgh’s New Town.

For more details of the survey’s findings, click here.

Serco lock change case – Scotland
The Court of Session in Scotland has dismissed the cases of Rashidi and Ali v Serco Limited, Compass SNI Ltd, and the Secretary of State for the Home Department. Positive Action in Housing said that in “a complex and comprehensive Opinion”, the court has held that lock-change evictions by Serco are not incompatible with the Human Rights Act. Serco and the Home Office had argued that Serco was not subject to the Human Rights Act as its services were of a private nature in law. The court did not accept that argument but did find that the availability of a right of appeal to the First Tier Tribunal against a decision to terminate their accommodation was sufficient to satisfy the human rights of asylum seekers threatened with a lock-change eviction. For more details of the judgment, click here. For the response of the Equality and Human Rights Commission, click here. For an article in The Guardian about the case, 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 began on 28 March 2019. During this period the Secretary of State for Wales may also make an order prohibiting the submission of the Bill for Royal Assent. The 28-day period will end on 25 April 2019. For the Bill, as amended at Stage 3, associated information and to follow its progress, click here

NEW HOUSING CASES
 

Godson v London Borough of Enfield [2019] EWCA Civ 486
On 12 July 2012, Mr Godson (“the Appellant”) submitted a homelessness application to the London Borough of Enfield (“the Local Authority”). The Local Authority provided him with emergency accommodation (at 21C Bury Street) pursuant to section 188 of the Housing Act 1996 (“HA 1996”) whilst they considered his application.

On 28 August 2012, the Local Authority accepted that they owed the Appellant a full housing duty under section 193 of the HA 96. Accordingly, the Appellant was offered a tenancy of a property (28B Church Street) on 25 July 2013. The Appellant refused the offer and the Local Authority found that their section 193 duty had been discharged. The Appellant sought a review of this decision. The review decision was issued on 4 October 2013 and it upheld the original decision. The Appellant did not appeal to the county court against the review decision and was subsequently evicted from 21C Bury Street by the Local Authority.

In 2016, the Appellant submitted another homelessness application to the Local Authority. On 9 August 2016, the Local Authority provided the Appellant with emergency accommodation (at 55B Friern Barnet Road) whilst they considered his application. On 15 September 2017, the Local Authority found that they did not owe him a full housing duty because the Appellant had made himself intentionally homeless as defined in section 191 of the HA 96, by refusing the offer of a tenancy at 28B Church Street. The Appellant requested a review of this decision. The review decision was issued on 29 November 2017 and it upheld the original decision. The Appellant appealed to the county court and his appeal was dismissed.

The Appellant appealed to the Court of Appeal. He argued that the offer of a tenancy at 28B Church Street was unlawful, and therefore his refusal could not have been a “deliberate” act under section 191(2) which caused his homelessness. Therefore, he argued that the Local Authority’s housing duty was still operative.

Decision
The Court of Appeal dismissed the appeal.

The Appellant’s argument was, in substance, a challenge to the first review decision of 4 October 2013. It was not open for the Appellant to challenge the reasoning of the first review decision in the present appeal. The Appellant could have appealed to the county court at the time of the decision, but he did not. The present appeal was only concerned with the question of whether there was any legal error in the second review decision made in 2017. The Court of Appeal cited with approval paragraphs 32 and 33 of Tower Hamlets LBC v Begum [2005] EWCA Civ 116:

“Where a statute provides that the entitlement to a right is to be determined by a particular entity, and further provides for a specific appeals procedure, including time limits, in relation to any such determination, I consider that it would be wrong in principle, at least in the absence of exceptional circumstances, to permit the determination to be challenged by a different procedure much later. To hold otherwise would effectively enable a person such as the respondent to have the benefit of the statutory provisions, in this case s.193, without taking the concomitant burden, namely the procedure and time limits in ss.202–204.”

The fact that the second reviewing officer could not review the decision of the first reviewing officer is a “powerful pointer” to the conclusion that it is not open for the Appellant to challenge the first review decision.
However, even if it was open for the Appellant to challenge the first review decision, the Court of Appeal found that he could not succeed:

  • The Appellant argued that the Local Authority’s section 193(2) housing duty had been discharged when they accommodated him at 21C Bury Street. This argument was rejected. A local authority can perform their section 193(2) housing duty by providing temporary accommodation. Doing so does not discharge the section 193(2) duty; there is a continuing duty even if a person is housed in temporary accommodation.
  • The Appellant argued that section 193(1)’s reference to an “applicant” required a fresh application to be made before a person can be transferred from one set of temporary accommodation to another. This was rejected and it was held that “applicant” in section 193(1) refers to the initial approach made to the housing authority when an application is made under section 183(1) and that person will continue to be an “applicant” until the whole process has come to an end.
  • The Court of Appeal further held that a housing authority, in performing its duty under section 193(2), is entitled to choose how to perform it where it can be performed in several different ways. An applicant does not have a right to be housed in any particular accommodation, provided that the accommodation is still suitable and it is reasonable for them to occupy it.
  • The Appellant also argued that he was entitled to waive the offer of accommodation at 28B Church Street. The Court of Appeal held that, in order to be capable of renunciation, the right in question must have been created entirely in favour of the person who renounces it. If the right has a public interest element to it, then the principle of waiver does not apply. There is an obvious public interest in the present case and the Appellant did not have a right to be accommodated at 28B Church Street that he was entitled to waive.

Finally, the Court of Appeal found that the Appellant had made himself intentionally homeless. It was reasonable for the Appellant to continue to occupy 21C Bury Street. The Appellant became homeless because he was evicted from 21C Bury Street. The reason for the eviction was the Appellant’s refusal of the tenancy at 28B Church Street. The reviewing officer was entitled to conclude that this refusal was the effective cause of the Appellant’s homelessness. The refusal was a deliberate act, and the Appellant was therefore intentionally homeless.

Summary by Clara Zang, barrister, 4-5 Gray’s Inn Square. For the full judgment, click here.

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HOUSING LAW CONSULTATIONS
 

Making it easier for leaseholders to manage their properties: Law Commission
The Law Commission has released a consultation paper comprising proposals designed to make it quicker and easier for leaseholders to take control of the day-to-day management of their building. The proposals include:

  • Extending the qualifying criteria so that leasehold houses, not just flats, qualify for the ‘right to manage’ (RTM) which gives the homeowners, rather than their landlord, responsibility for management functions relating to services, repairs, maintenance and insurance.
  • Permitting multi-block RTM on estates, and removing the 25 per cent commercial space restriction.
  • Reducing the number of notices that leaseholders must serve as part of the claim process.
  • Introducing deadlines for procedures and exchanges of information between the landlord and RTM company, so that the process doesn’t stall.
  • Exploring options for a more balanced costs regime.
  • Giving the tribunal exclusive jurisdiction over RTM disputes so it can resolve disputes quickly, and waive minor procedural mistakes made in the process of claiming the RTM.

The consultation will be open until 30 April 2019. For the consultation document, click here. For a summary, click here. For a ‘Key Facts’ document, click here.

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
 

Landlord’s access and actually turning up Giles Peaker Nearly Legal 3 April 2019 – to read the article click here

The research behind the Autism & Homelessness Toolkit Dr Alasdair Churchard Homeless Link 1 April 2019 – to read the article click here

Councils face a losing battle as they crack down on rogue landlords Anna Tims The Guardian 7 April 2019 – to read the article click here

Ending duties after the HRA Giles Peaker Nearly Legal 7 April 2019 – to read the article click here

Make a Stand forced me to think about what I could do and what my company could do Jane Nelson CIH Blog 9 April 2019 – to read the article click here

Two-thirds of councils say they can’t afford to comply with homelessness law Patrick Butler The Guardian 10 April 2019 – to read the article click here

Court rules locking out Glasgow refugees from their homes was lawful Libby Brooks The Guardian 12 April 2019 – to read the article click here

Moving homeless applicants David Lintott Local Government Lawyer 12 April 2019 – to read the article click here

Homelessness – capacity to apply Giles Peaker Nearly Legal 13 April 2019 – to read the article click here

Government will scrap Section 21 evictions in campaign victory for private renters Hannah Slater Generation Rent 15 April 2019 – to read the article click here

No rogue landlords issued with banning orders in 12 months Simon Goodley The Guardian 15 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

Modular homes to be developed for homeless families in London Laura Sharman LocalGov 16 April 2019 – to read the article click here

HOUSING LAW DIARY
 

23 April 2019                                        
Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2019 come into force (see Housing Law News and Policy Issues)

23 April 2019                                        
Commons Select Committee on Housing, Communities and Local Government holds evidence session on implementation of the Homelessness Reduction Act 2017 (see Housing Law News and Policy Issues).

25 April 2019                                        
End of 28-day period during which Secretary of State for Wales may make an order prohibiting the submission of the Renting Homes (Fees etc.) (Wales) Bill for Royal Assent (see Housing Laws in the Pipeline)

30 April 2019                                        
End of consultation period for Law Commission’s paper on making it easier for leaseholders to manage their properties (see Housing Law Consultations)

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)

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