24th July 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Domestic Abuse Bill
On 16 July 2019 the government's Domestic Abuse Bill was introduced in Parliament. The second reading is due to take place on a date to be announced. A draft of the Bill was published in January and has undergone extensive scrutiny by a joint committee of cross-party MPs and peers.

Measures in the Bill include:

  • introducing a statutory government definition of domestic abuse, which will include economic abuse
  • establishing a Domestic Abuse Commissioner to champion victims and survivors
  • introducing new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders
  • prohibiting the cross-examination of victims by their abusers in the family courts
  • providing automatic eligibility for special measures to support more victims to give evidence in the criminal courts.

For the Bill, as introduced, click here. For documents supplementary to the Bill, click here. For factsheets explaining the individual provisions of the Bill (including a secure tenancies factsheet), click here. For the consultation document and response, click here.

On 18 July 2019 the Work and Pensions Secretary, Amber Rudd, announced that every jobcentre in the UK will have a trained domestic abuse point of contact by the end of summer. For the announcement, click here

Domestic abuse in rural areas
On 17 July 2019 the National Rural Crime Network published a report revealing "a shocking picture of domestic abuse in rural Britain with hidden victims – isolated, unsupported and unprotected – who are being failed by the system, services and those around them". The report finds:

  • Abuse lasts, on average, 25 per cent longer in the most rural areas.
  • The policing response is largely inadequate.
  • The more rural the setting, the higher the risk of harm.
  • Rurality and isolation are deliberately used as weapons by abusers. The report states that there is clear evidence that abusers specifically move victims to rural settings to further isolate them, or systematically use the isolation to their advantage should they already be there.
  • Close-knit rural communities facilitate abuse.
  • Traditional, patriarchal communities control and subjugate women.
  • Support services are scarce – less available, less visible and less effective.
  • Retreating rural resources make help and escape harder.
  • The short-term, often hand-to-mouth funding model has created competing and fragmented service provision.
  • An endemic data bias against rural communities leads to serious gaps in response and support. Rural victims are half as likely as urban victims to report their abuse. 

For the full report, click here. For the key findings, click here. For the report's recommendations, click here.

Segregation of social housing residents
On 20 July 2019 the Communities Secretary, James Brokenshire, announced new measures to tackle stigma and help end the segregation of social housing residents in mixed-tenure developments. The measures are intended to stamp out so-called “poor doors” – where entrances for social housing residents stigmatise and divide them from other residents in the development – and other forms of segregation, such as restrictions on access to playgrounds. As part of the Government’s new Communities Framework, planning guidance will be strengthened and a new Design Manual will promote best practice in inclusive design. For the announcement, click here. For coverage of the issue in The Guardian, click here.

Government ‘far too slow’ in Grenfell Tower fire response: Select Committee
On 18 July 2019 the HCLG Select Committee published a report stating that in the two years since the Grenfell Tower fire, the Government has been “far too slow” in reforming the building and fire safety regime and is still not doing enough to remove dangerous cladding from existing buildings. The report also warns that the £200 million the Government has set aside for the remediation of private sector residential buildings with ACM cladding will not be sufficient and notes that the Government has also failed to provide funding for other forms of potentially dangerous cladding materials currently found on hundreds more existing residential and high-risk buildings. For the report, click here. For a summary, click here. For the conclusions and recommendations, click here.

Building regulations and fire safety: Select Committee
Following publication of the above report, on 22 July 2019 the HCLG Select Committee questioned the Housing Minister, Kit Malthouse and Dame Judith Hackitt on building regulations and fire safety. To watch the session, click here.

Tenants’ data: estate agent fined for protection failure
On 19 July 2019 the Information Commissioner’s Office reported that it had fined a London estate agency £80,000 for leaving 18,610 customers' personal data exposed for almost two years. The exposed details included personal data such as bank statements, salary details, copies of passports, dates of birth and addresses of both tenants and landlords. For details, click here. For the ICO’s A practical guide to IT Security, click here.

Regulation of property agents: working group report
On 18 July 2019 the MHCLG published a report by an independent working group, chaired by Lord Best, containing recommendations for government on a new regulatory framework for property agents. The working group has made recommendations on:

  • a model for an independent property-agent regulator, including how it will operate and how it will enforce compliance
  • a single, mandatory and legally-enforceable Code of Practice for property agents
  • a system of minimum entry requirements and continuing professional development for property agents
  • clarifying processes and charges for leaseholders.

For the report, click here. For the comments of the Law Society, which welcomed the report, click here.

Local housing allowance and homelessness
At 9.30 am on 24 July 2019 there will be a Westminster Hall debate on Local Housing Allowance and homelessness. The debate will be led by Mr Virendra Sharma MP. The House of Commons Library has published a briefing to inform the debate. For the briefing, click here.

‘No fault’ evictions: Government consults on section 21 of the Housing Act 1988
On 21 July 2019 the MHCLG launched a consultation seeking 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. For more details of the consultation, see Housing Law Consultations (below).

Private renting reform: Mayor of London publishes report
On 19 July 2019 the Mayor of London published a report – Reforming private renting: The Mayor of London’s blueprint – setting out how he considers the private rented sector in London should be changed to give renters open-ended tenancies and to create powers to bring rents down. The Mayor is calling for powers to establish a universal register of landlords and rents, which a new London Private Rent Commission would use to:

  • Design an effective system of rent control, including its own role in implementing, monitoring, and enforcing the new approach;
  • Set out how existing rents should be gradually reduced and their subsequent levels limited within and between tenancies; and
  • Recommend incentives to encourage investment in new and existing rental housing supply.

The report also outlines recommendations as to how the law on tenancies should be overhauled, including:

  • Introducing open-ended tenancies;
  • Ending ‘no fault’ evictions by removing section 21 of the Housing Act 1988;
  • Scrapping break clauses in tenancy agreements;
  • Giving all renters and landlords access to better support and dispute resolution services; and
  • Increasing landlord-to-tenant notice periods to four months.

For the report, click here. For the related press release, click here.

Public attitudes to social housing
On 21 July 2019 the MHCLG published findings from the British Social Attitudes Survey 2018 showing public attitudes to social housing. The main findings include:

  • More people report that they would be comfortable (41 per cent) living next to social housing than uncomfortable (24 per cent).
  • Owner occupiers are the most likely to say they would feel uncomfortable living next to social housing, while social renters are the least likely to say they would feel uncomfortable.
  • People living in London are less likely to report they would feel uncomfortable living next to social housing than people living in the rest of England.
  • More people think that decisions about social housing allocations tend to be unfair than fair.
  • Social tenants’ engagement with activities in relation to their housing is limited, with most social renters reporting that they had not taken any action over the last 12 months.

For the full findings, click here.

Homeless children: LGA calls for urgent action from new Prime Minister
On 20 July 2019 the Local Government Association called on the incoming Prime Minister to make tackling homelessness an urgent priority. The LGA estimated that 320 homeless children in England could be placed into temporary accommodation over the next six weeks, based on trends for the last two years. As part of its Councils Can campaign, the LGA wants the new Prime Minister and his government to introduce a range of measures to help councils tackle homelessness and to give them the tools and powers to resume their historic role as major housebuilders of good, quality affordable homes for social rent. For the LGA’s statement, click here.

Housing Advisers Programme launched for third year
On 18 July 2019 the Local Government Association launched its third year of the Housing Advisers Programme, a scheme designed to help councils overcome housing challenges in their local areas, with bids invited from that day. The programme funds the provision of independent expertise for councils undertaking specific projects to tackle the effects of the housing crisis in local communities, including on housing delivery, planning for homes, and reducing homelessness. In the previous two years, the LGA has funded more than 100 councils to help them build homes, reduce homelessness, plan for ageing populations, understand the student housing market, increase supply of modular housing and more. For more details, click here.

Homeless families: NHF analysis
On 19 July 2019 the National Housing Federation published analysis that found that for every one new social home built in England, eight families are accepted as homeless by their local council. Ten years ago, every day five more new homes for social rent were built than families accepted as homeless.

Kate Henderson, Chief Executive of the National Housing Federation said:
“Homeless families are just the tip of the iceberg, there are thousands more in equally desperate need, living in severe poverty, overcrowding and unable to afford their rent. This is having a lasting and detrimental effect on hundreds of thousands of children affecting their mental and physical health. This should be a massive wake up call for the government to take urgent action to increase the number of social homes being built every year, and commit significantly more funding for social housing in the next Government Spending Review.”
For more information, click here.

Renting Homes (Fees etc.) (Wales) Act 2019 (Commencement No. 1) Order 2019
Article 2 of this order commences certain provisions of the Act on 1 September 2019. They are: sections 1 to 19; 21 to 29; Schedule 1; and Schedule 2. Sections 30 and 31 came into force on the day after the Act received Royal Assent on 15 May 2019. For the order, click here. For the Act, click here.

Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No 2) Regulations 2019
These regulations, which came into force on 19 July 2019, amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (the 2014 regulations), which prescribe the classes of persons subject to immigration control who are eligible for housing assistance under sections 66, 68, 73 and 75 of the Housing (Wales) Act 2014, as well as the classes of persons from abroad, not subject to immigration control, who are ineligible for housing assistance under that Act. For the 2019 regulations, click here. For the 2014 regulations, click here. For the Act, click here.

Fire risks of flats with balconies: Welsh government guidance
On 18 July 2019 the Welsh Government published an advice note on the risks arising from balconies on residential buildings. The note is written for building owners, managing agents and residents of residential buildings with multiple dwellings (i.e. blocks of flats), although the principles may also apply to other building types. For the note, click here.

Independent review of residential leasehold reform – Wales
On 17 July 2019 the Welsh Government published an independent report from the Task and Finish Group for Leasehold Reform. The report was published contemporaneously with that of the Unadopted Roads Taskforce. Julie James, Minister for Housing and Local Government, and Ken Skates, Minister for Economy and Transport, produced a written statement saying that there was a “recognition of the need to now bring these two aspects of work together as a single work stream”. The Government would “carefully consider the recommendations provided in both reports and subject them to appropriate analysis before deciding on how best to proceed”. For leasehold reform report, click here. For the written statement, click here.

Rent policy review: final report – Wales
On 17 July 2019 the Welsh Government published the final report of the rent policy review. It concluded that the rent policy is meeting its objectives and should be retained. The main findings were:

  • the mechanisms for moving rents to within target bands appear to have been largely successful;
  • landlords identified the benefits of the rent policy as being: clarity, transparency and comparability;
  • rental policy uplift considerations should include affordability, the relationship over time between earnings and rents, as well as the relationships between social rents in England and Wales and landlords’ ability to balance rents and investment;
  • there is felt to be a lack of fit between the rent policy and the policy on grant rates for new developments;
  • several stakeholders, tenants and social landlords raised the issue of value for money and so the research suggests exploring the monitoring of standards.

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

Social evictions – Wales
On 17 July 2019 the Welsh Government published research relating to the understanding of social evictions in Wales. The research found that:

  • social eviction levels have remained stable over recent years with variations between landlords across Wales;
  • for some landlords, there is little difference between the number of possession claims/warrants and the number of eventual evictions; for others they issue many possession claims/warrants relative to the number of actual evictions;
  • rent arrears is reported by participants as the biggest reason for evictions and the threat of evictions, usually overlaying complex issues;
  • respondents suggest that the sub-groups of tenants most at risk of evictions are: young; single males; and those of working age;
  • a large proportion of social housing landlords are moving toward more holistic models of working with tenants;
  • tenant engagement is seen as key in preventing evictions;
  • although there is a lot of good practice, there is still bad practice with a discrepancy between what is happening ‘on the ground’ and current policy.

For the report, click here.

Fire door testing: timber fire door test results
On 18 July 2019 the MHCLG published summary test results from the government’s investigation into timber fire doors. For the results, click here.

English Housing Survey
The English Housing Survey is a continuous national survey commissioned by the MHCLG. It collects information about people’s housing circumstances and the condition and energy efficiency of housing in England. The latest survey covers the period 2017 to 2018. Reports relating to specific aspects of housing are set out below. For more general information about the English Housing Survey, click here.

English Housing Survey 2017 to 2018: social and private renters
On 17 July 2019 the MHCLG published demographic and economic data on social and private renters, including tables on: demographic and economic characteristics of renters; accommodation characteristics; rents and housing benefit; and types of letting. To access the data, click here.

English Housing Survey 2017 to 2018: attitudes and satisfaction
On 17 July 2019 the MHCLG published data on levels of public satisfaction with housing and community issues, including tables on: satisfaction with local area and accommodation; problems in local area; feelings of safety in home and local area; and satisfaction with landlord repairs and maintenance. To access the data, click here.

English Housing Survey 2017 to 2018: new households and recent movers
On 17 July 2019 the MHCLG published data on the mobility, demographics and tenancies of new households and ones that have recently moved, including tables on: mobility among all households; length of residence; demographic characteristics of movers; movement between tenures; movement into and out of tenures; and tenancy deposits. To access the data, click here.

English Housing Survey 2017 to 2018: private rented sector
On 17 July 2019 the MHCLG published a report on the private rented sector. The report shows that in 2017-18, 4.5 million households were renting in the private sector. This represents 19 per cent of all households in England. Eight-four per cent of private renters were satisfied or very satisfied with their current accommodation, though this was not as high a proportion of owner occupiers (95 per cent). Private renters had the lowest proportion of satisfaction with tenure, at 69 per cent, compared with 98 per cent of owner occupiers. For the full report, click here.

English Housing Survey 2017 to 2018: social rented sector
On 17 July 2019 the MHCLG published a report on the characteristics and circumstances of social renters in England. In 2017-18, 4 million households in England were renting in the social sector. This represents 17 per cent of all households. Fifty-four per cent of households in the social rented sector had at least one member with a long-term illness or disability. This sector has the highest rate of overcrowding, and the lowest rate of under-occupation; both increased between 2016-17 and 2017-18. For the full report, click here.

English Housing Survey 2017 to 2018: tenure trends and cross-tenure comparisons
On 17 July 2019 the MHCLG published data on: tenure trends at national and regional levels; cross-tenure comparisons of characteristics of households and their accommodation; overcrowding and under-occupation; and need for specially adapted accommodation. To access the data, click here.

English Housing Survey 2017 to 2018: owner occupiers, recent first time buyers and second homes
On 17 July 2019 the MHCLG published data on: trends in ownership; types of purchase; recent first-time buyers; types of mortgage; mortgage payments; leaseholders; moves out of owner occupation; and second homes. To access the data, click here.

English Housing Survey 2017: stock condition
On 17 July 2019 the MHCLG published  a report presenting a profile of the English housing stock by tenure, type, location and examines stock condition and safety. The report focuses in particular on fire safety, and high rise dwellings. In 2017, there were 23.9 million homes in England. Most homes (63 per cent) were owner occupied, 20 per cent were privately rented, and 7 per cent and 10 per cent were owned by local authorities and housing associations respectively. Houses and bungalows predominated (80 per cent), 16 per cent of homes were purpose built flats and 4 per cent were converted flats.

Almost a fifth (19 per cent or 4.5 million) of homes did not meet the Decent Homes Standard. Private rented homes were most likely to be non-decent (25 per cent) while the social sector (13 per cent), particularly housing association homes (11 per cent), had the lowest proportion of non-decent homes. Over a third (36 per cent) of homes built before 1919 were non-decent and would cost on average £9,991 to bring up to the standard. Only 2 per cent of homes built after 1990 failed the Standard with an average cost of £1,209 to make them decent.

Just over a million homes (5 per cent) had a serious fire hazard, including 118,000 homes with a Category 1 fire hazard. Serious fire hazards (such as a no smoke alarms, old or faulty electrical systems, or missing fire doors) were more common in privately rented homes (7 per cent) and were least common among housing association homes (1 per cent).

For the report, click here.
HOUSING LAWS IN THE PIPELINE
 

Local Housing Authority Debt Bill
This Bill, which had its first reading in the House of Lords on 4 July 2017, seeks to replace the current regime of limits on local housing authorities’ debt with limits determined by the existing prudential regime for local authority borrowing for non-housing-related purposes. The second reading is yet to be scheduled. For the Bill as introduced, click here To follow progress of the Bill, click here

Homeless People (Current Accounts) Bill
This is a Private Member’s Bill introduced in the House of Commons by Peter Bone. The Bill is intended to require banks to provide current accounts for homeless people seeking work; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017. The second reading was due to take place on 1 February 2019 but Parliament did not sit on that day and the second reading will now take place on a date to be announced. To follow progress of the Bill, click here

Sublet Property (Offences) Bill
This is a Private Member’s Bill introduced in the House of Commons by Christopher Chope. It is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions in respect of unauthorised sub-letting; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017 and was due to receive its second reading on 23 November 2018 but was not called. To follow progress of the Bill, click here

Mobile Homes and Park Homes Bill
This is a Private Member’s Bill introduced in the House of Commons, also by Christopher Chope. It is intended to require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; to make provision in relation to the residential status of such homes; to amend the Mobile Home Acts; and for connected purposes. The Bill is being prepared for publication. The Bill received its first reading on 5 September 2017 and was due to receive its second reading on 23 November 2018 but was not called. To follow progress of the Bill, click here

Affordable Home Ownership Bill
This Bill was introduced to Parliament on Tuesday 24 October 2017, also by Christopher Chope, under the Ten Minute Rule and is a Private Member’s Bill. It was said by him to make provision for affordable home ownership; to require the inclusion of rent to buy homes in the definition of affordable housing; to make provision for a minimum proportion of new affordable housing to be available on affordable rent to buy terms; to provide relief from stamp duty when an affordable rent to buy home is purchased; and for connected purposes. The Bill was due to receive its second reading on 23 November 2018 but was not called. The Bill itself has not yet been published. To follow progress of the Bill, click here

Creditworthiness Assessment Bill
This Private Member’s Bill was introduced by Lord Buck and had its second reading in the House of Lords on 24 November 2017. The Bill would require certain matters (including rental payment history) to be taken into account when assessing a borrower’s creditworthiness. The Bill has completed all stages in the Lords. It received its first reading in the Commons on 12 September 2018. Second reading had been further postponed until 22 March 2019 but the Bill was not called. The Bill is now expected to have its second reading debate on a date to be announced. For the Bill as brought from the Lords, click here For progress of the Bill, click here

Private Landlords (Registration) Bill
This Bill was introduced to Parliament on 17 January 2018 under the Ten Minute Rule. The Bill seeks to require all private landlords in England to be registered. Second reading has been postponed to a date to be announced. For the Bill, as introduced, click here To read the debate on introduction of the Bill, click here To follow progress of the Bill, click here

Leasehold Reform Bill
This Bill, introduced to Parliament on 7 November 2017 under the Ten Minute Rule and sponsored by Justin Madders, makes provision about the regulation of the purchase of freehold by leaseholders; to introduce a system for establishing the maximum charge for such freehold; to make provision about the award of legal costs in leasehold property tribunal cases; and to establish a compensation scheme for cases where misleading particulars have led to certain leasehold agreements. Second reading has been postponed to a date to be announced. For the Bill as introduced, click here To follow progress of the Bill, click here

Homelessness (End of Life Care) Bill
This Bill, sponsored by Sir Edward Davey, was introduced to Parliament on 7 February 2018 under the Ten Minute Rule. It makes provision about end of life care and support for homeless people with terminal illnesses, including through the provision of housing for such people. Second reading has been further postponed and will now take place on a date to be announced. For the Bill as introduced, click here To follow progress of the Bill, click here.

Housing and Planning (Local Decision-Making) Bill
This Private Member’s Bill seeks to remove powers of the Secretary of State in relation to the location of and planning permission for new housing developments; to give local authorities powers to establish requirements on such developments in their area, including requirements on the proportion of affordable and social housing. It received its first reading on 13 March 2018. Second reading has been postponed to a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Freehold Properties (Management Charges and Shared Facilities) Bill
This Private Members' Bill, sponsored by Helen Goodman, seeks to make provision for the regulation of fees charged by management companies to freeholders of residential properties; to make provision for self-management of shared facilities by such freeholders; and to require management companies to ensure shared facilities are of an adequate standard. It received its first reading on 14 November 2018. Second reading has been further postponed and is now expected to be on a date to be announced. The Bill is being prepared for publication. To follow progress of the Bill, click here.

Fire Safety (Leasehold Properties) Bill
This Private Members' Bill, sponsored by Marsha De Cordova, would require freeholders of certain properties that have failed fire safety tests to carry out remedial work; to make provision for sanctions for such freeholders who fail to carry out such work; to ensure that leaseholders are not held liable for the costs of such work; and to make provision for a loan scheme to assist freeholders in carrying out such work. It received a first reading on 28 November 2018 and will have its second reading on a date to be announced. To follow progress of the Bill, click here.

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

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

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

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HOUSING LAW CONSULTATIONS
 

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.

For more details of the inquiry, 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.

Increasing the minimum notice period for a no fault eviction – Wales
The Welsh Government is consulting on:

  • extending the minimum notice period from two months to six months
  • increasing the period at the beginning of a contract during which a landlord cannot give notice from four months to six months
  • placing a six-month restriction on issuing a notice following the expiry of a previous notice
  • removing a landlord’s ability to end a fixed term standard contract (under section 186)
  • the use of break clauses in fixed term contracts.

The consultation will close on 5 September 2019. For the consultation document, click here.

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.

Local authority housing statistics: proposed changes
This MHCLG consultation seeks views on the proposed discontinuing of the local authority housing statistics (LAHS) bulletin that is published in January every year and for its content to be published in other statistical bulletins throughout the year. The consultation closes on 9 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.

Mobile homes: a fit and proper person test for park home sites
In 2018, following a review of park homes legislation, the government gave a commitment to introduce a fit and proper person test for site licence holders and managers of park home sites in England, subject to a technical consultation. The purpose of the test is to improve the standards of park home site management. This consultation is intended to ensure that the regulations will support effective operation of the fit and proper person test in practice. The consultation closes on 17 September 2019. For the consultation document, 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.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Allocations challenges, and alternatives to CBL Simon Leighton Local Government Lawyer 16 July 2019 – to read the article, click here

Renting Homes gets changes and heads for a start date duty David Smith Local Government Lawyer 17 July 2019 – to read the article, click here

Poor tenants pay for landlords to live like kings. It doesn’t have to be this way George Monbiot The Guardian 17 July 2019 – to read the article, click here

Possession proceedings and the public sector equality duty Annette Cafferkey Local Government Lawyer 18 July 2019 – to read the article, click here

Developing proposals for London rent control John Bibby Shelter Blog 19 July 2019 – to read the article, click here

PSPOs and legal aid Kuljit Bhogal Local Government Lawyer 19 July 2019 – to read the article, click here

The government is fuelling homelessness by freezing benefits as rents soar Andy Street The Guardian 20 July 2019 – to read the article, click here

Rough sleeping is not only a moral issue – it’s the measure of a just society Paul Bayes The Guardian 23 July 2019 – to read the article, click here

Housing benefit: update 2019 Bethan Harris, Desmond Rutledge and Kevin Gannon Legal Action July / August 2019 – to read the article (subscription required), click here

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

HOUSING LAW DIARY
 

24 July 2019                                         
Westminster Hall debate on local housing allowance and homelessness (see Housing Law News and Policy Issues)

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)

2 August 2019                                      
Closing date for submission to the consultation on support for victims of domestic abuse in safe accommodation (see Housing Law Consultations)

16 August 2019                                    
Closing date for submission to the consultation on changes to the intervention, enforcement and use of powers guidance by Regulator of Social Housing (see Housing Law Consultations)

22 August 2019            
Closing date for submission to the consultation on redress for purchasers of new build homes and the New Homes Ombudsman (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week

Hightown Housing Association
Housing Team Area Manager

35 hours per week, salary £ 39,513

We require a highly professional manager to manage a team with a wide variety of duties including taking action on breaches of tenancies (inc ASB), helping residents to manage their homes and working with our Recovery and Lettings team to ensure properties are let in a timely manner and that action is taken with rent arrears.

Candidates need to have relevant experience, A Level qualifications and own car. Occasional evening meetings are required.

To apply please contact shannon.collins@hightownha.org.uk
 
 
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