HOUSING LAW NEWS & POLICY ISSUES

Statutory homelessness in England: January to March 2019
On 12 September 2019 the MHCLG published provisional figures for statutory homelessness in England between January and March 2019. The quarter's figures are based on full or partial returns for 319 out of 326 local authorities. During that period:

• 70,430 households were initially assessed as homeless or threatened with homelessness. This is up 10.7 per cent from 63,620 households in the previous quarter.
• 37,690 households were initially assessed as threatened with homelessness, up 10.2 per cent from 34,190 in the previous quarter. 32,740 households were initially assessed as homeless, up 11.2 per cent from 29,430 in October to December 2018.
• 31,180 households who were owed assistance for being homeless or threatened with homelessness, secured accommodation for six months or more. This is up 1.3 per cent from 30,780 the previous quarter.
• 7,570 households were accepted as owed a main homelessness duty. This decreased 1.4 per cent from 7,680 during October to December 2018.
• On 31 March 2019 the number of households in temporary accommodation was 84,740, up 1.4 per cent from 83,610 on 31 December 2018.

For the full statistics, click here. For tables in which the homelessness figures are presented according to various criteria, click here. For the response of Crisis, click here.

Young people and homelessness
On 12 September 2019 Shelter published a press release responding to the statutory homelessness statistics. The press release noted that young people are disproportionately affected by homelessness – they represent a fifth (21 per cent) of all applicants found to be homeless or threatened with homelessness in the last year, but make up just 14 per cent of the general population.
56,440 young people aged 16 to 24 became homeless or threatened with homelessness in the last year.

Polly Neate, chief executive at Shelter, said:

“The government must invest in a new generation of social homes – 3 million more in 20 years – if they are to pull hundreds of thousands of people out of homelessness. And in the meantime, they must urgently increase housing benefit so that it covers at least the bottom third of private rents.”  

Homelessness and domestic abuse
On 11 September 2019 Women’s Aid published a report – No Woman Turned Away 2019 – which states that the charity has supported “309 women who were left with nowhere to turn as they fled domestic abuse”. Adina Claire, Acting Co-Chief Executive of Women's Aid, said:

"It's scandalous that, in 2019, women fleeing domestic abuse still face the terrifying prospect of either returning to their perpetrator or facing homelessness. We are facing a chronic shortage of bed spaces in specialist refuge services, and this is causing unimaginable suffering for women at a time when they are most in need of support. Survivors fleeing domestic abuse should not have to sofa-surf."
The report recommends that the government:

• Provide sufficient bed spaces in specialist refuges to meet the level of demand nationally.
• Ensure that migrant women, including those with no recourse to public funds, do not face discriminatory treatment which prevents them from safely escaping domestic abuse and having fair access to services.
• Through the Domestic Abuse Bill (as to which see below), ensure individuals fleeing domestic abuse are automatically considered in priority need for housing, rather than being subject to the 'vulnerability test'.

For the report, click here.

Homelessness and working families
On 15 September 2019 The Observer reported that it had analysed the statutory homelessness statistics (above) and found that one in four households in England said to be homeless or under threat of homelessness last year were in paid work at the time. For the report, click here.

Rough sleeping
On 12 September 2019 the MHCLG published an evaluation report outlining the impact of the Rough Sleeping Initiative on reducing the numbers of people sleeping rough. The analysis found that the number of people sleeping rough is 32 per cent lower (1,321 people) than predicted if the Initiative had not been in place. For the report, click here. For the MHCLG announcement of the report and of further funds to tackle homelessness and rough sleeping (first declared by the Chancellor of the Exchequer), click here.

Domestic Abuse Bill
On 12 September 2019 the Prime Minister confirmed via Twitter that the government will re-introduce the Domestic Abuse Bill when Parliament returns. The Queen’s Speech will take place on 14 October 2019. For a report on the BBC News website, click here. For the response of the Local Government Association, click here.

Young adult carers and housing need
On 16 September 2019 the Learning and Work Institute published a short policy analysis providing an overview of young adult carers’ housing needs in the context of current government policy. The analysis notes that while there are no data on the number of young adult carers experiencing homelessness, research suggests that this group of young people are highly likely to experience factors which increase the risk of homelessness. L&W is currently evaluating Quaker Social Action’s Move On Up project: a shared housing and one-to-one support initiative for young adult carers in London. The policy analysis finds that “Move On Up stands out as an innovative project, focused on a group whose needs have typically been overlooked for a considerable period of time”. For the report, click here. For more details of the Move On Up project, click here.

Rogue letting agents
On 13 September 2019 London Trading Standards revealed that more than 46 per cent of 1,922 agents inspected in the 15 months up to June 2019 by local council trading standards officers were non-compliant with either the Consumer Rights Act and/or the legislation on redress scheme membership. During that period letting agents were fined over £1.2million for breaking the law, either for not displaying fees and charges or for not being members of a redress scheme. For more details, click here.

Rogue landlord in Westminster ordered to pay £400,000
On 12 September 2019 Westminster City Council reported that a rogue landlord who divided his three-bedroom home into eight flats, without planning permission, has been fined £90,000 and ordered to pay a confiscation order of £400,000. The defendant – who had been charging over £1,000 per month in rent for each of the ‘flats’ which, in most cases, were simply a small room – was also ordered to pay £40,000 in costs after ignoring warnings from Westminster City Council’s planning team for over seven years. It is the biggest ever penalty for a planning offence in the central London borough. For the report, click here.

Legal aid: housing and debt and HPCDS tenders open
On 9 September 2019 the Legal Aid Agency announced that it is inviting organisations to submit tenders through the e-Tendering system to deliver legally aided services from 1 November 2019 for:

• Housing and debt services in Somerset and Shropshire
• Housing and Possession Court Duty Scheme services in courts in Taunton and Yeovil, and Telford.

For more information, click here.

Gypsies and Travellers
On 13 September 2019 the Equality and Human Rights Commission published a report assessing the impact of the revised definition of ‘Gypsies’ and 'Travellers’ in the Planning Policy for Traveller Sites 2015. The definition is used by Local Planning Authorities in England to assess the need for Traveller sites, but no longer includes those who have stopped travelling permanently. The report found that Gypsies and Travellers who have stopped travelling due to old age, ill-health, educational needs or being disabled are being forgotten in planning authorities’ site allocation processes. For the report, click here. For a press release related to the report, click here.

Closure orders for drug dealing
On 16 September 2019 The Guardian reported that there has been an increase in the number of homes across England being shut down because of drug dealing or substance use on site. According to responses by 20 police forces to a Freedom of Information request, closure orders were obtained in respect of 186 homes in 2018, up from 46 in 2014. Bedfordshire closed 42 homes, up from one in 2014; the majority of these were linked to drug use. For the report, click here.

HOUSING LAWS IN THE PIPELINE

The UK Parliament returned from recess on 3 September 2019. Parliament was prorogued on 9 September. Subject to legal challenge, the next session is scheduled to commence on 14 October with the Queen’s Speech. This section sets out the state of progress of each of the various housing-related bills immediately prior to prorogation.

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

Ending the Scandal: Labour’s new deal for leaseholders
The Labour Party has published plans to end leasehold ownership of houses and flats. It proposes five key changes:

1. End the sale of new private leasehold houses with direct effect and the sale of private leasehold flats by the end of the party’s first term in Government.
   
   
2. End ground rents for new leasehold homes, and cap ground rents for existing leaseholders at 0.1 per cent of the property value, up to a maximum of £250 a year.
   
   
3. Set a simple formula for leaseholders to buy the freehold to their home, or commonhold in the case of a flat, capped at 1 per cent of the property value.
   
   
4. Crack down on unfair fees and contract terms by publishing a reference list of reasonable charges, requiring transparency on service charges and giving leaseholders a right to challenge rip-off fees and conditions or poor performance from service companies.
   
   
5. Give residents greater powers over the management of their homes, with new rights for flat owners to form residents associations and by simplifying the Right to Manage.

The document sets out a series of questions to which the party seeks responses by 30 September 2019. For the consultation document, click here.

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.

New national model for shared ownership
The government is reviewing a new national model for shared ownership to make it easier for people to buy more of their own home, including allowing them to buy in 1 per cent increments.

The MHCLG is seeking views on:

• making it easier to increase the share a person owns: allowing owners to purchase shares in much smaller increments
• making it easier to sell the home: by giving the owner more control over the sales process
• making it easier to get a mortgage: by ensuring there is one preferred national model for shared ownership.

The consultation closes on 29 September 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

Renters want rent control – and it’s not just about the money Ruth Ehrlich Shelter Blog 13 September 2019 – to read the article, click here

Injunctions, evictions and unrepresented parties Giles Peaker Nearly Legal 15 September 2019 – to read the article, click here

Rent Repayment Orders – who is the landlord? Giles Peaker and Alasdair McClenahan  Nearly Legal 15 September 2019 – to read the article, click here

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

HOUSING LAW DIARY

29 September 2019                              
Closing date for submissions on the government’s consultation on a new national model for shared ownership (see Housing Law Consultations)

30 September 2019                              
Closing date for submissions to the Labour Party’s consultation on Labour’s new deal for leaseholders (see Housing Law Consultations)

14 October 2019                                   
Queen’s Speech

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