HOUSING LAW NEWS & POLICY ISSUES

Domestic abuse consultation response and draft bill published
On 21 January 2019 the government published a draft Domestic Abuse Bill in response to the consultation it conducted between March and May 2018. The consultation identified nine measures requiring primary legislation. These are included in the draft Bill which runs to sixty clauses and a schedule. It will now be subject to pre-legislative scrutiny.

Of particular interest to housing professionals is clause 54 which provides that where a local authority, for reasons connected with domestic abuse, grants a new secure tenancy to a social tenant who had or has a secure lifetime or assured tenancy (other than an assured shorthold tenancy), this must be a secure lifetime tenancy.

The other measures (and relevant clauses) are:

• a statutory definition of domestic abuse (clause 1)
• establishing the office of Domestic Abuse Commissioner and set out the commissioner’s functions and powers (clauses 3 to 17)
• a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order (clauses 18 to 49)
• prohibiting perpetrators of domestic and other forms of abuse from cross-examining their victims in person in the family courts (and prevent victims from having to cross-examine their abusers) and give the court discretion to prevent cross-examination in person where it would diminish the quality of the witness’s evidence or cause the witness significant distress (clause 50)
• a statutory presumption that complainants of an offence involving behaviour that amounts to domestic abuse are eligible for special measures in the criminal courts (clause 51)
• enabling high-risk domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody (clause 52)
• placing the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing (clause 53)
• extending the extra-territorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences (clauses 55 and 56).

For the consultation response, including the draft legislation, click here. For various documents (for example, an impact assessment) published by the government in association with the draft Bill, click here. For the response of the Local Government Association, click here.

Group convicted of £1 million housing benefit fraud
On 17 January 2019 the Crown Prosecution Service reported that seven benefit assessors had been convicted of a housing benefit fraud worth £1,025,912 across three councils in London. The assessors worked in the local authorities of Barking and Dagenham, Lambeth and Kingston where they created false housing benefit claims. The defendants identified appropriate properties, collected details for false claims and created appointments for the fraudsters at the council. They also approved false claims and used their systems to ensure council letters were not sent to the properties to reveal their fraud. Money was sent into accounts controlled by money launderers who left the country before they could be charged.
The defendants all denied fraud but were convicted by a jury after a three-month trial at Southwark Crown Court. They will be sentenced on 18 March 2019. For the report, click here.

Right to Buy: London
On 19 January 2019 Tom Copley AM published a report finding that in London 40 per cent of council properties sold under Right to Buy were now privately tenanted. Mr Copley’s analysis of Freedom of Information responses also revealed that:

• Local authorities pay tens of millions of pounds to rent former council homes in order to house growing numbers of homeless families.
• Some councils have bought back their former homes at more than six times the amount they sold them for.
• Hundreds of private landlords now own five or more Right to Buy properties.

For a report in The Guardian, click here.

Temporary accommodation: London
On 22 January 2019 the London Assembly Housing Committee met to discuss the link between those who find themselves in temporary accommodation and the current climate of welfare reforms. The discussion took place against a background of a rise over the last five years of 50 per cent in the number of London households in temporary accommodation. For more information of the discussion, click here.

‘Rogue landlord’ paid £500,000 in housing benefit
On 21 January 2019 The Guardian reported that Brent Council has paid £500,000 in housing benefit to a landlord who was convicted six times under the Housing Act between 2014 and 2017 and failed Brent council’s “fit and proper” test in 2015. The newspaper notes that “the payments have included publicly funded rents for … properties in wards where no landlord is allowed to operate without a licence”. For the report, click here.

Housing Ombudsman issues special report on Metropolitan
On 16 January 2019 the Housing Ombudsman published a special report concerning non-compliance with one of its orders issued to Metropolitan Thames Valley Housing. It follows the Ombudsman’s investigation of a complaint from a Metropolitan resident about cyclical maintenance not being carried out and the landlord’s handling of that complaint. The Ombudsman found maladministration and made a number of orders to put things right including completing the cyclical maintenance works. Some elements of the works remained outstanding six months after the timeframe specified by the Ombudsman with no date provided to residents on when these would be started. The Ombudsman has now reported that Metropolitan has confirmed the works were underway and the organisation was carrying out a wider review to learn from the outcomes. For more details, click here.

Private rented sector: falling supply
On 17 January 2019 the Royal Institution of Chartered Surveyors published its December 2018 UK Residential Market Survey that showed that landlord instructions had “declined once again, rounding off a year in which they have fallen in all twelve months”. The Residential Landlords Association, citing the report, blamed the falling supply of homes to rent on the Government’s tax rises including “the restriction of mortgage interest relief for the sector to the basic rate of income tax and a stamp duty levy which penalises the development of new homes to rent”. For the RICS report, click here. For the RLA’s response, click here.

House building – England
On 15 January 2019 the MHCLG  published statistics for house building in England for the quarter to September 2018. In that period new build dwelling starts were estimated at 44,740 (seasonally adjusted), a 12 per cent increase compared to the previous three months and a 12 per cent increase on a year earlier. Completions were estimated at 41,270 (seasonally adjusted), no change (0 per cent) from the previous quarter and 3 per cent higher than a year ago. Private enterprise new build dwelling starts (seasonally adjusted) in the quarter were up by 14 per cent from the previous quarter, but completions did not change. Starts by housing associations were 9 per cent higher compared to the last quarter, but completions did not change.

Annual new build dwelling starts totalled 166,400 in the year to September 2018, up by 1 per cent compared with the year to September 2017. During the same period, completions totalled 163,420, an increase of 6 per cent compared with last year.

For the full statistics, 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 is due to take place on 1 February 2019. 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 and has now been scheduled for a second reading debate on 25 January 2019. It will begin its committee stage 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. It has now been scheduled for a second reading debate on 25 January 2019. 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. It has now been scheduled for a second reading debate on 25 January 2019. 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. It has now been scheduled for a second reading debate on 25 January 2019. For the Bill as introduced, click here To follow progress of the Bill, click here

Tenant Fees Bill
This government Bill makes provision for prohibiting landlords and letting agents from requiring certain payments to be made or certain other steps to be taken; makes provision about the payment of holding deposits; to make provision about enforcement and about the lead enforcement authority; and amends the provisions of the Consumer Rights Act 2015 about information to be provided by letting agents and the provisions of the Housing and Planning Act 2016 about client money protection schemes. The Bill has completed all its stages in the Commons. It received its first reading in the Lords on 6 September 2018 and its second reading on 10 October 2018. The Bill had its third reading on 15 January 2019. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on 23 January 2019. For the amendments by the House of Lords, click here For the impact assessment, click here For a research briefing prepared for the report stage in the Commons, 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 and has now been scheduled for a second reading debate on 25 January 2019. 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. It is due to receive its second reading on 25 January 2019. The Bill is being prepared for publication. To follow progress of the Bill, click here

Gypsy and Traveller Communities (Housing, Planning and Education) Bill
This Private Members' Bill, sponsored by Andrew Selous, seeks to make provision about periodical local authority reviews of the housing needs of Gypsy and Traveller communities; to make provision for the conversion of caravan sites into settled accommodation; to require local authorities to provide temporary caravan stopping sites where there is a demonstrated need; to create a criminal offence of unauthorised encampment; to make provision about the education of Gypsy and Traveller children; and to require schools to have regard to Gypsy and Traveller culture and heritage in teaching. The bill received its first reading on 13 November 2018. Its second reading has been postponed until 25 January 2019. 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 has completed Stage 2. Stage 2 consideration took place in Committee on 29 November 2018. Stage 3 commenced on 30 November 2018. Amendments may now be tabled to the Bill (as amended at Stage 2). For the Bill, as amended at Stage 2, associated information and to follow its progress, click here

HOUSING LAW CONSULTATIONS

Private shared homeownership: call for proposals
The government would welcome proposals in three categories:

• private shared ownership which would be primarily privately funded
• other private affordable homeownership products which should be primarily privately funded
• other innovative routes into homeownership which do not require government investment but may require the removal of regulatory or other barriers.

Proposals should not rely on government grant funding, government guarantees or developer s106 contributions. The government is particularly interested in private shared ownership proposals where it believes government loan funding will play an important part in removing the risk and financial uncertainty created by staircasing (ie buying extra shares in a shared ownership property).

The consultation closes on 1 February 2019. For the consultation document, click here

Law Commission – Reinvigorating commonhold: the alternative to leasehold ownership
The Law Commission has published a consultation paper in which it makes provisional proposals “to make commonhold work for homeowners, developers, mortgage lenders and across the wider property sector”. The Paper includes proposals which would:

• Enable commonhold to be used for larger, mixed-use developments which accommodate not only residential properties but also shops, restaurants and leisure facilities.
• Allow shared ownership leases and other forms of affordable housing to be included within commonhold.
• Make it easier for existing leaseholders to convert to commonhold and gain greater control over their properties.
• Improve mortgage lenders’ confidence in commonhold to increase the choice of financing available for home buyers.
• Provide homeowners with a greater say in how the costs of running their commonhold are met.
• Enable homeowners to end unattractive long-term contracts imposed by developers.

The consultation closes on 10 March 2019. Comments may be sent using the online form. Where possible, it would be helpful if this form was used. For the consultation document and methods of response, click here

Improving access to social housing for members of the Armed Forces
The MHCLG is seeking views on proposals for new statutory guidance for local authorities to improve access to social housing for members of the Armed Forces, veterans, and their families. The consultation closes on 8 March 2019. For the consultation document and methods of response, click here

HOUSING LAW ARTICLES & PUBLICATIONS

Ministers urged to halt right-to-buy scheme Michael Savage, The Observer 19 January 2019 – to read the article click here

London councils ‘spending millions of pounds on renting back RTB homes’ Dominic Brady, Public Finance 21 January 2019 – to read the article click here

Social investment funds could help solve Britain’s housing crisis, says CAF report Melanie May,UK Fundraising News – to read the item click here

Council houses were once a glory of the public realm. Let’s return to those days Rowan Moore,The Guardian 20 January 2019 – to read the article click here

The future of social housing – what’s next? Chris Wood, Shelter blog 16 January 2019 – to read the item click here

Want to end rough sleeping? Build social rented homes David Tovey, homeless link – to read the entry click here

HOUSING LAW DIARY

23 January 2019                                   
House of Commons to consider amendments by the House of Lords to the Tenant Fees Bill (see Housing Laws in the Pipeline)

25 January 2019                                   
Second reading of the following Bills (for details of each, see Housing Laws in the Pipeline):

• Creditworthiness Assessment Bill
• Freehold Properties (Management Charges and Shared Facilities) Bill
• Gypsy and Traveller Communities (Housing, Planning and Education) Bill
• Homelessness (End of Life Care) Bill
• Housing and Planning (Local Decision-Making) Bill
• Leasehold Reform Bill
• Private Landlords (Registration) Bill

26 January 2019                                   
Deadline for submitting Right to Buy applications in Wales

1 February 2019                                   
Second reading of Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

1 February 2019                                   
Call for proposals closes on Private shared homeownership (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week

Environmental Health Officer - (Private Sector Housing Regulation)

North East Derbyshire District Council

Joint Environmental Health Service for Bolsover and North East Derbyshire District Councils

Fixed term up to 30th April 2019 – Full Time, 37 hours per week

(Possibility of extending for additional 4 months, dependent on funding)

£23,111 - £30,756 p.a. (Career Graded)

The post holder (funded by Community Migration Fund) will be part of Bolsover District Council’s Building Resilience Programme and will be involved in bringing about improvements in living conditions in privately rented properties including HMOs across the Shirebrook Forward NG20 area, by tackling absent or ‘rogue landlords’ and letting agents responsible for poorly managed properties. 

For Job Details and Requirements click here

For an informal discussion about the post, please contact Gill Halliwell, Senior Environmental Health Officer (Private Sector Housing) on 01246 217245.

Applications can be completed online here or sent to:

NEDDC Human Resources & Payroll, Council Offices, 2013 Mill Lane, Wingerworth, Chesterfield, S42 6NG.

Closing Date: 3/2/19

Enfield Council
Click here for details

Dacorum BC
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Anthony Collins Solicitors
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Brent Council
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Richmond and Wandsworth Councils
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Richmond and Wandsworth Councils
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Richmond and Wandsworth Councils
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Brighton & Hove City Council
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Islington Council
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Bristol City Council
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