30th October 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

Grenfell Tower Inquiry
On 28 October 2019 The Guardian reported that the Grenfell Tower Inquiry, which is due to publish its Phase One report on 30 October, has found that the London fire brigade’s readiness for the fire was “gravely inadequate” and that better preparation would have saved lives. The report has also found that “the principal reason why the flames spread so rapidly up the building” was its aluminium composite panels and the “melting and dripping of burning polyethylene”. For the report in The Guardian, click here.

‘Bedroom Tax’ (1)
On 24 October 2019 the European Court of Human Rights ruled, in JD and A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence. The judgment concerns separate applications on different grounds to the Court by JD and A.

A’s application to the European Court of Human Rights concerned the effect of the ‘bedroom tax’ policy on women living in ‘Sanctuary Scheme’ homes, ie properties which are specially adapted to enable women and children at serious risk of domestic violence to live safely in their own homes. A is a victim of rape, assault, harassment and stalking at the hands of an ex-partner. Her challenge was to the UK Government’s reduction in housing benefit for ‘under-occupation’ of social housing.

In November 2016, the Supreme Court of the United Kingdom decided that, while the government had a positive obligation to provide Sanctuary Scheme housing for women who need it, there had not been unlawful discrimination.

The ECtHR has found that the bedroom tax unlawfully discriminates against A and those in her position. The Court has clarified the legal test applicable to discrimination claims in social security cases. The Court found that A was particularly prejudiced by the bedroom tax because her situation was significantly different from other housing benefit recipients because of her gender. For a report by Hopkin Murray Beskine (who represented A), click here. For the judgment, click here. For an article by Giles Peaker about this case and that below, click here.

‘Bedroom Tax’ (2)
On 24 October 2019 the European Court of Human Rights also determined in JD and A v the United Kingdom that the treatment of JD was not discriminatory.

JD has lived with her adult, disabled daughter in a specially adapted three-bedroom property in the social rented sector since 1993. JD’s Housing Benefit was reduced because she is considered to have one more bedroom than that to which she is entitled. The applicant’s Housing Benefit no longer meets the cost of her rent.

In November 2016 the Supreme Court of the United Kingdom found that it was not unreasonable for JD’s needs to be considered under the Discretionary Housing Payment scheme and dismissed her appeal.

The European Court held that “[w]hilst the DHP scheme could be characterised as not ensuring the same level of certainty and stability as the previous, unreduced Housing Benefit, its provision with attendant safeguards, amounts to a sufficiently weighty reason to satisfy the Court that the means employed to implement the measure had a reasonable relationship of proportionality to its legitimate aim. Accordingly, the difference in treatment identified in the case of the first applicant was justified.”

For the judgment, click here. For an article by Giles Peaker about this case and that above, click here.

Select Committee takes evidence from the Secretary of State for HCLG
On 28 October 2019 the HCLG Select Committee examined the Secretary of State about the priorities of the MHCLG and the key issues within the Ministry’s remit. This included Government plans to address major pressures on housing, including social housing, the private rental sector and wider housebuilding programmes. The Committee also questioned the Secretary of State on his plans for reforming leasehold and planning systems, as well as progress in removing cladding from existing buildings and combatting homelessness. To watch the session, click here.

Leasehold high-rise flats: who pays for fire safety work?
On 28 October 2019 the House of Commons Library published a paper considering the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It has been updated to include progress in implementing the Government decision to fund remediation work for affected blocks with ACM cladding in the social and private sectors. For the paper, click here.

Benefits capping: to May 2019
On 28 October 2019 the Department for Work and Pensions published data showing the number of households which had their benefits capped as at May 2019. At that date 50,000 had Housing Benefit capped (2,600 or 5 per cent fewer than at February 2019) and 26,000 had Universal Credit capped (11,000 or 70 per cent more than at February 2019). Between April 2013 and May 2019 250,000 households had been capped: 210,000 had Housing Benefit capped and 43,000 had Universal Credit capped at some point. For the full data, click here.

Building Safety Regulator
On 28 October 2019 the MHCLG announced that Dame Judith Hackitt will advise it on the most effective way to deliver a new Building Safety Regulator. The Regulator will oversee the design and management of buildings, with a strong focus on ensuring the new regime for higher-risk buildings is enforced effectively and robustly. It will also have the power to apply criminal sanctions to building owners who do not obey the new regime. For the MHCLG announcement, click here.

Housing Ombudsman’s consultations
The Housing Ombudsman has launched consultations on two documents aimed at providing a faster, more accessible and more transparent service. For the details, see Housing Law Consultations.

Forces Help to Buy Scheme quarterly statistics: 2019/20
On 24 October 2019 the Ministry of Defence published a quarterly release providing summary statistics on applications, payments and purchases made under the Forces Help to Buy (FHTB) scheme. Between 1 July to 30 September 2019:

  • 2,428 First Stage FHTB applications were received.
  • 908 Second Stage applications were received.
  • 811 payments were made to Service personnel.

Since the Scheme began in April 2014:

  • 42,239 First Stage FHTB applications have been received.
  • 22,868 of these applications have proceeded to the Second Stage.
  • Payment has been made to around 19,400 applicants, totalling around £293 million, an average of approximately £15,000 per claim.

For the full statistics, click here.

Private rented sector
On 29 October 2019 the Residential Landlords Association published research finding that rent controls hurt tenants by drying up the supply of homes to rent and in some cases increasing rents. The RLA also reported an address to the London Assembly’s Budget and Performance committee, by Kath Scanlon, assistant professorial research fellow at the London School of Economic, who stated that if the London Mayor’s proposals for rent controls were to proceed, “landlords would simply decide they were no longer going to rent their properties.” For the report and research, click here. The RLA has also reported the findings of a survey showing that more landlords are selling properties than buying whilst demand for lettings continues to increase; for that report, click here.

National housing pathway for ex-service personnel – Wales
On 24 October 2019 the Welsh Government published an updated version of its pathway for meeting the housing needs of former members of the Armed Forces who will be resettling in Wales. The document requires practitioners and stakeholders to be aware of their responsibilities under the Armed Forces Covenant and the Housing (Wales) Act 2014 and, in particular, Part 2 which addresses the duties on local authorities to provide preventative homelessness services, and also other relevant frameworks and good practice. For the pathway document, click here.

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HOUSING LAW CONSULTATIONS
 

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 Possession Court Duty Scheme: Towards a more sustainable service
The government is consulting on proposals to change the Housing Possession Court Duty Scheme. The aim of these proposals is to ensure that the Scheme is sustainable into the future, in order to maintain this vital service for those who need it. The key proposals in this consultation are:

  • contracting for individual courts rather than larger geographical areas
  • allowing providers to claim for the scheme fee in addition to the follow up Legal Help fee
  • the introduction of a set attendance fee for all schemes in place of the existing nil session payment
  • the introduction of reasonable costs for travel as part of the competition element of the bid.

The consultation closes on 3 January 2020. For the consultation document, click here.

Draft Housing Support Grant practice guidance – Wales
The purpose of this consultation is to seek views on the new draft practice guidance for the Housing Support Grant (HSG), which has been produced by the Welsh Government in partnership with external stakeholders. The guidance sets out the framework in which local authorities should operate and administer the grant. The consultation seeks views on whether the guidance:

  • explains what the grant is for
  • will help local authorities to provide support services to those who need them.

The consultation closes on 29 November 2019. To access the consultation documents, click here.

Statutory homelessness statistics online consultation survey
MHCLG is seeking views on its statutory homelessness statistics through an online consultation survey. The survey is open to anyone who uses the statistics. The survey closes on 31 October 2019.

MHCLG is using the survey to collect views from users of its statutory homelessness statistics to help ensure that it provides useful data and information to those interested in homelessness. If you use these statistics in any way you are encouraged to provide feedback on their format and content via the survey. MHCLG is also planning workshop style user events for its statutory homelessness statistics for spring 2020. The survey asks for suggestions for topics to be discussed at the user events. For the survey, click here.

Housing Ombudsman’s consultations
The Housing Ombudsman has launched consultations on two documents aimed at providing a faster, more accessible and more transparent service. Both the Business Plan for 2020-21 and revised Housing Ombudsman Scheme propose changes to meet the challenges of unprecedented demand for the service and to respond to resident and landlord expectations.

The Housing Ombudsman says that the Business Plan 2020-21 sets out new approaches for handling casework based on a new, more efficient operating model. It includes plans to support earlier resolution of complaints within landlords’ complaint procedures as well as faster, high-quality decisions on complaints in its formal remit.

Proposed changes to the Housing Ombudsman Scheme would increase awareness of the service and support consistent complaint handling practice across landlords. A new power would help to ensure evidence is provided in a timely manner to accelerate complaint resolution, with the initial evidence requested not being received in an estimated 25 per cent of cases. Another new power to conduct further investigations beyond the initial complaint would help to identify any potential systemic failure.

The consultations are open until 20 December 2019. For the consultations, click here.
HOUSING LAW ARTICLES & PUBLICATIONS
 

Bedroom tax, sanctuary schemes and human rights redux Giles Peaker Nearly Legal 27 October 2019 – to read the article, click here

The solution to ageing Britain’s housing crisis? Build almshouses Harriet Sherwood The Observer 27 October 2019 – to read the article, click here

Permission to appeal out of time – the strict approach Giles Peaker Nearly Legal 27 October 2019 – to read the article, click here

Are micro-houses the solution to Britain’s homelessness crisis? Suzanne Bearne The Observer 27 October 2019 – to read the article, click here

No budget means no help for those facing homelessness Steph Kleynhans Shelter Blog 28 October 2019 – to read the article, click here

The end of intentional homelessness for families in Wales (kind of) Mark Prichard Blog 29 October 2019 – to read the article, click here

Retrofitting social housing Nathan Bradberry Local Government Lawyer 29 October 2019 – to read the article, click here

The link between planning and HMO licensing David Smith Local Government Lawyer 29 October 2019 – to read the article, click here

Why did Catherine Kenny and her best friend die in the same doorway? Simon Hattenstone andDaniel Lavelle The Guardian 29 October 2019 – to read the article, click here

Councils managing stock owned by registered providers Jonathan Jarvis Local Government Lawyer 29 October 2019 – to read the article, click here

The PSED and claims for possession John Murray Local Government Lawyer 29 October 2019 – to read the article, click here

Housing case law update: personal circumstances, time limits for appealing financial penalties, and transferring HMO licences Charlotte Rawson and Ian Larkins Local Government Lawyer 29 October 2019 – to read the article, click here

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

Gypsy and Traveller Update Chris Johnson, Dr Angus Murdoch and Marc Willers QC Legal Action November 2019 – to read the article (subscription required), click here

HOUSING LAW DIARY
 

30 October 2019                                   
Publication of Phase 1 of the Grenfell Tower Inquiry’s report

31 October 2019                                   
Closing date for submissions to the statutory homelessness statistics online consultation survey (see Housing Law Consultations)

28 November 2019                               
Closing date for submissions to the consultation on sprinklers and other fire safety measures in new high-rise blocks of flats (see Housing Law Consultations)

29 November 2019                               
Closing date for submissions to the Welsh Government’s consultation on draft Housing Support Grant practice guidance (see Housing Law Consultations)

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