31st July 2019
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HOUSING LAW NEWS & POLICY ISSUES
 

New ministerial team at HCLG
On 24 July 2019 Robert Jenrick MP was appointed Secretary of State for Housing, Communities and Local Government. He was previously Exchequer Secretary to the Treasury. On the same day Esther McVey MP was appointed Minister of State. The other ministers in the department are Jake Berry MP, Minister of State (Northern Powerhouse), Luke Hall MP, Parliamentary Under Secretary of State, and Lord Bourne of Aberystwyth, Parliamentary Under Secretary of State. For their biographies, click here and scroll down.

Terrie Alafat to retire as CIH chief executive in November
On 29 July 2019 the Chartered Institute of Housing announced that its chief executive Terrie Alafat will retire at the end of November. Current deputy chief executive Gavin Smart will then become CIH’s chief executive. For the announcement, click here.

Welfare Reform Act 2012 (Commencement No. 33) Order 2019
This order brought into force on 18 July 2019 the remaining regulation-making powers in Schedule 6 to the Welfare Reform Act 2012. The Schedule enables the Secretary of State to make provision by regulations for the purpose of, or in connection with, replacing existing benefits with universal credit. Section 33 of that Act specifies that the ‘existing benefits’ to be replaced include housing benefit. For the order, click here. For the Act, click here.

Homelessness: jobcentre support
On 22 July 2019 the Department for Work and Pensions announced that it has developed training on homelessness for jobcentre customer service managers with guidance from organisations including Crisis, Homeless Link and Shelter. The training is intended to improve support for vulnerable benefit claimants. For more details, click here.

Local Housing Allowance and homelessness
On 24 July 2019 the House of Commons held a Westminster Hall debate on Local Housing Allowance and homelessness. The debate was led by Virendra Sharma. For the Hansard record of the debate, click here. The House of Commons Library published a briefing in advance of the debate. For the briefing, click here.

Homelessness – Wales
On 25 July 2019 the Welsh Government published data on the number of households applying to local authorities for housing assistance under the Housing Wales Act 2014 and the number of homeless households in temporary accommodation for April 2018 to March 2019. The key points are:

  • The number of households threatened with homelessness increased by 18 per cent in 2018-19 to 10,737. This is the highest annual number since the introduction of the current legislation in April 2015.
  • Homelessness was successfully prevented for at least six months in 68 per cent of cases, up from 66 per cent last year.
  • The number of homeless households owed a duty to help secure accommodation increased by 4 per cent since 2017-18 to 11,715. This is the highest number since the introduction of the current legislation.
  • Of these, 41 per cent were successfully helped to find accommodation during the year. This was the same percentage as the previous two years despite the increasing numbers assessed as homeless.
  • Households that were eligible, unintentionally homeless and in priority need increased by 18 per cent to 2,631. Despite this increase, 80 per cent (2,091 households) accepted an offer of settled suitable accommodation. This is higher than the 78 per cent rate during 2017-18.
  • The number of households in temporary accommodation at 31 March 2019 was up 8 per cent on last year to 2,226 households. This was the highest recorded since the current legislation was introduced.
  • The private rented sector continued to be the main type of accommodation used at 37 per cent.
  • There were 294 households (13 per cent) in temporary bed and breakfast accommodation. This was higher than in both the previous two years.
  • Of these, 13 per cent (36 households) were families with children, which is the same percentage that was recorded a year earlier.

For the full statistics, click here. For comment by Crisis, click here.

Help to Buy (equity loan scheme): April 2013 to 31 March 2019 – England
On 25 July 2019 the MHCLG published statistics for cumulative sales since the launch of the Help to Buy (equity loan) scheme. Over the period 221,405 properties were bought with an equity loan. The total value of these equity loans was £12.46 billion, with the value of the properties sold under the scheme totalling £57.61 billion. Most of the home purchases in the scheme were made by first-time buyers, accounting for 179,816 (81 per cent) of total purchases. The mean purchase price of a property bought under the scheme was £260,218, with buyers using a mean equity loan of £56,257. In London, the maximum equity loan was increased from 20 to 40 per cent from February 2016, and since then to 31 March 2019, there were 14,074 completions in London, of which 12,106 were made with an equity loan higher than 20 per cent. For the full statistics, click here.

Help to Buy (equity loan scheme): 1 April to 30 June 2019 – Wales
On 24 July 2019 the Welsh Government published statistics for purchases made with the benefit of the  Help to Buy (equity loan) scheme in Wales. Between 1 April and 30 June 2019, 477 property purchases were completed using a Welsh Government shared equity loan. This brings the total number of purchases under Help to Buy-Wales since its introduction on 2 January 2014 to 9,208. Over the last quarter, the total value of these equity loans was £19.8 million. The value of the properties purchased totalled £99.8 million. At 30 June 2019 there were 733 applications for loans still outstanding. The mean purchase price of a property bought using the scheme during the quarter was £209,271, with a mean equity loan value of £41,437. During that period there were 42 completed purchases of leasehold properties. All of the leasehold properties were flats. Seventy-six per cent of all completed purchases through the scheme to date have been to first-time buyers. For the statistics, click here.

Help to Buy ISA scheme: December 2015 to March 2019
On 25 July 2019 HM Treasury published statistics on the government’s Help to Buy ISA scheme. Since the launch of the scheme, 234,074 property completions have been supported by it. 310,658 bonuses have been paid through the scheme with an average bonus value of £920. The highest number of property completions with the support of the scheme is in the North West and Yorkshire and The Humber, with the lowest number in the North East and Northern Ireland. The mean value of a property purchased through the scheme is £173,470 compared to an average first-time buyer house price of £190,999 and a national average house price of £226,798. The median age of a first-time buyer in the scheme is 28 compared to a national first-time buyer median age of 30. For the full statistics, click here.

Forces Help to Buy Scheme: 2019/20
On 25 July 2019 the Ministry of Defence published statistics on the number of applications and payments made under the Forces Help to Buy (FHTB) Scheme since its launch in April 2014. In the last quarter (1 April to 30 June 2019) 2,247 First Stage applications were received; 956 Second Stage applications were received; and 843 payments were made to Service personnel. For the full statistics, click here.

Youth homelessness

During July 2019 Homeless Link published its Youth Homelessness Scoping Report. Informed by conversations with professionals and organisations working with young people, the report explores why young people become homeless and the impact this experience has on them. For the report, click here. For a summary of the key themes, 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
 

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.

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
 

Scrap the Vagrancy Act: let the Government hear your views Rosie Downes Homeless Link 23 July 2019 – to read the article, click here

The government wants to deport rough sleepers. We must resist this immoral act Paul Bayes The Guardian 23 July 2019 – to read the article, click here

Boris to be PM, so what can we expect on housing? Sally Walmsley Residential Landlords Association Blog 23 July 2019 – to read the article, click here

What happens when you dare to think differently about homelessness? Charlotte Murray NHF Blog 24 July 2019 – to read the article, click here

Homelessness Reduction Act: what we’ve learnt one year on Jeremy Gray NHF Blog 25 July 2019 – to read the article, click here

New Government brings a new chance to make the case for social housing Kate Henderson NHF Blog 26 July 2019 – to read the article, click here

Finding out if your landlord is a criminal Dan Wilson Generation Rent 27 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
 

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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We are recruiting for a Trainee Relief Housing Officer to be part of a team providing a programme of resident involvement to Hightown`s general needs tenants, shared owners and leaseholders.

The role will involve undertaking a two year training programme to develop skills, knowledge and experience in resident involvement and housing management.

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Local Authority Practice Manager
Crisis
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Homeless Accommodation Officer
Crawley Borough Council
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Hopkin Murray Beskine
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Homelessness Prevention Officer
Milton Keynes Council
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Milton Keynes Council
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