1st April 2020
Quick Links
HOUSING LAW NEWS & POLICY ISSUES
 

Coronavirus Act 2020
On 25 March 2020 the Coronavirus Act 2020 received Royal Assent. Section 81 of, and Schedule 29 to, the Act amend subsisting legislation to ensure that tenants in the private and social rented sectors are protected from eviction for a reasonable and specified period of time (in effect, for a period of 90 days from 27 March 2020), in recognition of the unusual circumstances arising from the Covid-19 outbreak. For the above purposes, the Act was brought into force with immediate effect. For the Act, click here.

Coronavirus (COVID-19): Stay on possession proceedings
On 27 March 2020 the Master of the Rolls and the Lord Chancellor signed Practice Direction 51Z (PD) in relation to possession proceedings during the coronavirus pandemic. It follows the Coronavirus Act 2020 emergency legislation and complements the provisions therein to prevent imminent evictions and delay possession proceedings. The PD is effective immediately, ie from 27 March 2020. The main changes effected by the PD are:

  • All proceedings for possession brought under CPR Part 55 and all proceedings seeking to enforce an order for possession by a warrant or writ of possession are stayed for a period of 90 days from 27 March 2020.
  • Claims for injunctive relief are not subject to the stay set out in paragraph 2 of the PD.
  • The PD ceases to have effect on 30 October 2020.

For more information, click here.

Coronavirus (COVID-19): All rough sleepers in England 'to be housed'
On 27 March 2020 the Government announced that all rough sleepers in England should be found a roof over their head by the weekend of 28/29 March. The MHCLG said that it was "redoubling its efforts" to make sure everyone was "inside and safe". For a report on the BBC News website, click here. For the response of the Local Government Association, click here. On 30 March 2020 The Guardian reported that “thousands of rough sleepers in England are thought to remain unhoused”. For the report, click here.

Coronavirus (COVID-19): Temporary changes to right to rent
On 30 March 2020 the MHCLG announced that right to rent and right to work checks have been adapted to make it easier for landlords and employers to carry them out during the coronavirus outbreak. The temporary changes will mean the Home Office will not require landlords and employers to see original documents and will allow checks to be undertaken over video calls. For the announcement, click here.

COVID-19 and renting: guidance for landlords, tenants and local authorities
On 28 March 2020 the MHCLG published non-statutory guidance for landlords, tenants and local authorities in the private and social rented sectors in the context of Coronavirus (COVID-19). For the guidance, click here.

Coronavirus (COVID-19): Practice Direction on Video or Audio Hearings in Civil Proceedings
On 25 March 2020 the Master of the Rolls and the Lord Chancellor signed Practice Direction 51Y (PD) in relation to video or audio hearings during the Coronavirus pandemic. It is a technical amendment, which clarifies the manner in which the court may exercise its discretion to conduct hearings remotely in private. It also clarifies what steps the court may make to ensure access by the public to remote hearings that have been held in private through making available audio or video recordings of those hearings at a time when the courts are operating normally. For details of the main changes effected by the PD, click here.

Coronavirus (COVID-19): Contingency planning – Courts and Tribunals
On 27 March 2020 the Lord Chief Justice of England and Wales stressed that it “is vital to maintain a functioning court and tribunal system in support of the administration of justice and the rule of law in the face of this public health emergency. Due to the challenges faced at this time the work of courts and tribunals will be consolidated into fewer buildings, maintaining the safety of all in the courts and in line with public health advice”. For a list of those buildings remaining open, click here. For the Ministry of Justice’s updated guidance for court and tribunal users during the coronavirus outbreak, click here.

Coronavirus (COVID-19): Housing support
On 25 March 2020 the House of Commons Library published a research briefing explaining measures the Government has put in place during the coronavirus outbreak to assist households in retaining their homes and to enable local authorities to tackle the specific challenges faced by rough sleepers. For the briefing, click here.

Coronavirus (COVID-19): Letter to caravan and park home owners
On 27 March 2020 the MHCLG published a letter from Luke Hall, Minister for Rough Sleeping and Housing, to all caravan and park home site owners to make clear that they should remain open for key workers and vulnerable groups during the COVID-19 pandemic. For the letter, click here.

Coronavirus (COVID-19): Update on the Grenfell Tower site
On 30 March 2020 the MHCLG issued an update on the work being carried out at the Grenfell Tower site. Work required to keep the Grenfell Tower site safe and secure is continuing, but changes are being made to reduce those working on-site from coming into contact with each other. For details of the changes and contact details, click here.

Domestic abuse and ‘stay at home’ guidelines
On 29 March 2020, in an article for the Mail on Sunday, the Home Secretary said:

"I am acutely aware that the necessary guidelines about social distancing and self-isolation may leave the victims of hidden crime, such as domestic abuse and child sexual abuse, feeling especially isolated, vulnerable and exposed."

She added:

"I also want to make clear – whilst our advice is to stay at home, anyone who is at risk of, or experiencing, domestic abuse, is still able to leave and seek refuge. Refuges remain open, and the police will provide support to all individuals who are being abused – whether physically, emotionally, or otherwise."

For the article, click here.

Domestic violence cases in the courts
On 26 March 2020 the Ministry of Justice published quarterly family court statistics for October to December 2019. They showed that the number of domestic violence remedy order applications increased by 21 per cent (7,706) compared to the equivalent quarter in 2018, while the number of domestic violence remedy orders made (8,617) increased by 15 per cent over the same period. For the full figures, click here.

Local Government Ombudsman: casework suspended
On 27 March 2020 the office of the Local Government and Social Care Ombudsman announced that it has suspended all casework activity that demands information from, or action by, local authorities and care providers, in light of the current Coronavirus outbreak. For the announcement, click here.

Legal aid statistics quarterly: October to December 2019
On 26 March 2020 the Ministry of Justice published legal aid statistics for October to December 2019. In that period, there were 8,000 legally aided housing cases (down 9 per cent on a year ago) costing £6 million (down 8 per cent on a year ago). Almost 80 per cent of housing work volume is made up of legal help (ie advice and assistance about a legal problem, but not including representation or advocacy in proceedings). In October to December 2019 there was a 22 per cent decrease in housing work starts compared to the same quarter the previous year. There was a 13 per cent decrease in completed claims and a 17 per cent fall in expenditure. For the full statistics, click here.

UK Housing Review 2020 published
On 30 Marc 2020 the Chartered Institute of Housing published the UK Housing Review 2020. According to the Review, grant levels for new social housing in England have fallen dangerously low and will need to rise to boost investment in response to the economic downturn caused by the coronavirus outbreak. While grants have risen slightly in the last two years, they now cover just 11 per cent of housing association’s development costs, leaving the rest to be met by borrowing and surpluses. One-third of new homes are being built without any grant.

The review also shows that only 11 per cent of new homes built in England is at genuinely affordable social rents, compared with nearly 70 per cent in Scotland and over 80 per cent in Wales. England has lost 181,000 social rented homes since 2012 through right to buy and other causes, even taking into account new build.

To meet the backlog of housing need, CIH and a coalition of housing and homelessness organisations has called for a ten-year investment programme of more than £12 billion a year to deliver 145,000 new homes annually, 90,000 of which would be at social rent. For the Review, click here. For a press release concerning the Review, click here.

Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) (Amendment) Regulations 2020
Regulation 2 of these regulations, which came into force on 24 March 2020, substitutes the date of 1 April 2021 for the relevant date of 1 April 2020 set out in regulation 5(2A) of the Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018. It has the effect of extending, by a year, the application of the provision for deemed compliance with the requirement to hold client money in a client money account at an authorised bank or building society. For the Amendment Regulations, click here. For the 2018 Regulations, click here.

Ministry of Housing, Communities and Local Government: new Permanent Secretary appointed
On 30 March 2020 Jeremy Pocklington was appointed the new Permanent Secretary at the MHCLG. For details of the appointment and a brief biography of Mr Pocklington, click here.

Independent Grenfell Recovery Taskforce: final report published
On 26 March 2020 the final report of the Independent Grenfell Recovery Taskforce was published. The report’s findings include that RBKC has:

  • continued to make progress in delivering a recovery plan for the people of North Kensington
  • put bespoke support in place for the bereaved and survivors
  • permanently rehoused 95 per cent of households from Grenfell Tower and Walk and produced an ambitious new housing strategy.

For the announcement of publication, click here. For the report, click here.

New Grenfell adviser appointed
On 26 March 2020 the MHCLG announced that Nick Hurd has been appointed as an Independent Adviser to the Prime Minister on Grenfell. For the announcement (included in the announcement referred to immediately above), click here.

Right to Buy Sales in England: October to December 2019
On 27 March 2020 the MHCLG published official statistics on the number of sales of dwellings under the Right to Buy scheme in England. Between October to December 2019:

  • Local authorities sold an estimated 2,356 dwellings under the Right to Buy scheme. This is a decrease of 12 per cent compared to the same quarter of 2018-19.
  • Local authorities received £211.0 million from Right to Buy sales, 12 per cent lower than the £238.7 million in the same quarter of 2018-19.
  • The average receipt per dwelling sold in the quarter 2019-20 was £89,600. This is broadly similar to £88,900 in the same quarter of 2018-19.
  • There were 1,464 dwellings started on site or acquired (as part of Right to Buy replacement policy), 29 per cent higher than the number of dwellings started or acquired in the same quarter of 2018-19.

For the full statistics, click here.

Dwelling stock (including vacants)
On 26 March 2020 the MHCLG published the latest data tables on dwelling stock (including vacants), organised by various criteria. For the tables, click here.

Social housing sales
On 26 March 2020 the MHCLG published the latest statistics on the sales of social housing stock – whether owned by local authorities or private registered providers. The most common of these sales are by the Right to Buy (and preserved Right to Buy) scheme and there are separate tables for sales under that scheme. For the tables, click here.

Housing association secures injunction following social gathering
On 29 March 2020 Mosscare St Vincent’s Housing Association reported that it had obtained an emergency injunction against a tenant in Manchester who “continued to flout the new government guidelines on social / physical distancing and hosted parties for up to twenty people. The behaviour of the tenant caused harassment, alarm and distress to neighbouring residents, who were responsibly self-isolating following the rules outlined by the Government earlier this week which state that all households must stay at home and only leave the house when absolutely necessary. Despite the new rules, the tenant in question continued to allow excessive numbers of visitors to come and go from the property as well as hosting noisy, disruptive parties”.

The terms of the injunction prohibit the tenant from allowing any visitor to attend at their property, save for their children, until such time that the government guidance relating to social / physical distancing is officially lifted. For the report, click here.

Help to Buy – Wales: builder and developer pack
On 30 March 2020 the Welsh Government updated a pack which, it says, comprises “everything a Help to Buy - Wales provider needs to sell a home as part of the scheme”. For the pack, click here.

HOUSING LAWS IN THE PIPELINE
 

Fire Safety Bill
This government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill received its first reading in the House of Commons on 19 March 2020 and is due to receive its second reading on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

Rented Homes Bill
This private member’s bill, sponsored by Baroness Grender, would amend the Housing Act 1988 to abolish assured shorthold tenancies; and to extend the grounds upon which landlords of residential housing may recover possession. First reading took place on 22 January 2020. The second reading will be on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Telecommunications Infrastructure (Leasehold Property) Bill
This Government bill would amend the electronic communications code set out in Schedule 3A to the Communications Act 2003; by doing so, it would address one stated policy barrier: making it easier for telecoms companies to access multi-dwelling buildings (such as blocks of flats) where a tenant has requested a new connection, but the landlord has not responded to requests for access rights. The bill received its first reading in the House of Commons on 8 January 2020 and its second reading on 22 January 2020. For the second reading debate, click here. The committee stage was completed on 11 February 2020. For the committee debate, click here. The third reading in the House of Commons was on 10 March 2020; for the debate, click here. First reading in the House of Lords was on 11 March 2020. Second reading is scheduled for 22 April 2020. For the bill, as introduced in the House of Lords, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library, click here.

Renting Homes (Amendment) (Wales) Bill
This Welsh Government Bill seeks to amend the Renting Homes (Wales) Act 2016 to provide greater security for people who rent their homes in Wales. This will particularly affect those who live in the private rented sector and occupy their homes under a ‘standard occupation contract’, the equivalent to the current assured shorthold tenancy, after the 2016 Act comes into force. This additional security will primarily be achieved by extending the minimum notice period for issuing a section 173 notice under the 2016 Act (the equivalent of the current section 21 notice under the Housing Act 1988) from two months to six months. Landlords will also be prevented from issuing such a notice until at least six months from the date of occupancy. Further provisions will also ensure that landlords are unable to issue rolling ‘speculative’ notices on a ‘just in case’ basis. The bill was introduced in the Senedd on 10 February 2020. The Equality, Local Government and Communities Committee were due to consider the bill on 26 March 2020. The Legislation, Justice and Constitution Committee will consider the Bill on 20 April 2020. For the bill, as introduced, all other documents relating to it, and to follow progress on the  bill, click here.

Caravan Sites Bill
This private members’ bill, sponsored by Sir Christopher Chope, would amend the Caravan Sites and Control of Development Act 1960 to remove planning permission requirements for caravan site licence applicants. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 26 June 2020. To follow progress of the bill, click here.

Evictions (Universal Credit Claimants) Bill
This private members’ bill, sponsored by Chris Stephens, seeks to place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 15 January 2021. To follow progress of the bill, click here.

Homeless People (Current Accounts) Bill
This private members’ bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is due to receive its second reading on 29 January 2021. To follow progress of the bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend the Mobile Homes Act 1983. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 26 June 2020. To follow progress of the bill, click here.

Mobile Homes and Park Homes Bill
This private members’ bill, sponsored by Sir Christopher Chope, would require the use of published criteria to determine whether mobile homes and park homes are liable for council tax or non-domestic rates; make provision in relation to the residential status of such homes; and amend the Mobile Home Acts. The bill is being prepared for publication. It received its first reading in the House of Commons on 10 February 2020 and is now due to receive its second reading on 30 October 2020. To follow progress of the bill, click here.

Housing Act 2004 (Amendment) Bill
This private members’ bill, sponsored by Sir Christopher Chope, seeks to amend Part 3 of the Housing Act 2004 to provide that any selective licensing scheme for residential accommodation extends to social housing. The bill is being prepared for publication. It received its first reading on 10 February 2020 and is now due to have its second reading on 30 October 2020. To follow progress of the bill, click here.

Sublet Property (Offences) Bill
This private members’ bill, sponsored by Sir Christopher Chope, would make the breach of certain rules relating to sub-letting rented accommodation a criminal offence and would make provision for criminal sanctions in respect of unauthorised sub-letting. The bill is being prepared for publication. It received its first reading on 10 February 2020 and is now scheduled to receive its second reading on 11 September 2020. To follow progress of the bill, click here.

Make Sure you Keep Up to Date with Housing Law Week

Don’t miss out on your weekly updates!
Sign up here now to ensure you receive your own free copy of Housing Law Week straight to your desktop each week.

HOUSING LAW CONSULTATIONS
 

Review of the ban on the use of combustible materials in and on the external walls of buildings
This consultation seeks views on the ban of the use of combustible materials in and on external walls of buildings, including building types covered, height threshold, list of exemptions, attachments such as blinds, shutters and awnings, and a proposal to specifically ban the use of metal composite panels in and on the external walls of all buildings. In the Explanatory Memorandum published alongside the Building (Amendment) Regulations 2018 the Government committed to review the effectiveness of the ban after one year. This is a consultation on proposed changes to the Regulations following that review. As part of the review, in June 2019 the Government commissioned a study of the impact of the ban which took the form of an online survey issued to 100 relevant organisations. The full analysis of responses to this survey have been published alongside this consultation. For the consultation document, which closes on 13 April 2020, click here. For the analysis of survey responses, click here. To respond to the consultation, click here.

First Homes
This consultation seeks views on First Homes for local people, considering both the design of this policy and options for its implementation.

It covers the following areas:

  • what First Homes are and who should be eligible for them
  • how the scheme should work in practice
  • how to deliver more of these homes through developer contributions
  • the requirement for delivering these homes through planning or legislation.

The deadline for responses has been extended to 1 May 2020. For the consultation document, click here.

Estate charges on housing developments – Wales
The Welsh Government is calling for evidence on:

  • the services provided and the reasons why the practice might have become more common
  • the costs involved and the experience of residents in relation to these charges.

The consultation closes on 30 April 2020. For the consultation document and to respond, click here.

HCLG Committee: survey on dangerous cladding
The Housing, Communities and Local Government Committee has launched a survey to understand the extent of dangerous cladding remaining and other fire safety defects on residential buildings, and the impact this has had on residents’ lives. The ‘quick to complete’ survey invites residents to tell the Committee what the fire safety issues on their buildings have been, detail the impact this has had on them, whether it be financial or emotional, and give their views on the Government’s response.

The survey will inform the Committee's recently launched inquiry - Cladding: progress on remediation. The inquiry will examine the scale of issues facing residents in buildings due to combustible cladding. It will also look at the effectiveness of Government support for the removal of all form of dangerous cladding from existing buildings, in particular the pace of remediation. There is no stated closing date for submissions. To take part in the survey, click here.

House building statistics: proposed changes
The MHCLG is seeking views on making changes to the content and focus of the long running House building; new build dwellings statistics series. Some of the specific changes we are consulting on are as follows:

  • Including more analysis of Energy Performance Certificates data in the release and consider any other data sources which could be incorporated.
  • Referring to the building control data wherever it is used, rather than referring to it only as housebuilding. This will make the source clear to users and aims to prevent any confusion across the range of housebuilding estimates.
  • Within the release include analysis looking across the range of available indicators and use this to provide an early estimator of the final more robust housing supply statistics measure of new build.
  • Changing the title of the release to ‘Housing supply; Indicators of new supply’. This title will better reflect the updated content of the release and give users clarity about what the best use for these statistics are.

The consultation closes on 26 May 2020. For more details of the consultation, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

COVID-19 and homelessness: actions for Government Homeless Link 24 March 2020 – to read the article, click here

Coronavirus – new forms 3 and 6A for s8 and s21 Giles Peaker Nearly Legal 26 March 2020 – to read the article, click here

All housing possession claims suspended from 27 March – Coronavirus update Giles Peaker Nearly Legal 26 March 2020 – to read the article, click here

Welsh social landlords and judicial review Tim Edds Local Government Lawyer 26 March 2020 – to read the article, click here

Housing case law update: March 2020 Paul Lloyd, Victoria Smith and Elena-Lucia Stoian Local Government Lawyer 26 March 2020 – to read the article, click here

Disability discrimination in pursuit of a legitimate aim John Murray Local Government Lawyer 26 March 2020 – to read the article, click here

Final implementation of The Fitness Act Baljit Basra and Alex Loxton Local Government Lawyer 26 March 2020 – to read the article, click here

Homelessness and Covid-19 Andy Lane, Matt Lewin and Tara O’Leary Local Government Lawyer 26 March 2020 – to read the article, click here

Coronavirus: it’s unthinkable anyone should be made homeless now Darren Baxter Joseph Rowntree Foundation 27 March 2020 – to read the article, click here

Covid-19 – consequences for housing associations and local authorities undertaking asset management works Katie Saunders Trowers & Hamlins Blog 27 March 2020 – to read the article, click here

COVID-19 and social landlords: updated Angela Hall, Elizabeth England and Tristan Salter Local Government Lawyer 27 March 2020 [updated 30 March 2020] – to read the article, click here

COVID-19 and housing law Elizabeth England Local Government Lawyer 30 March 2020 – to read the article, click here

Housing: recent developments Sam Madge-Wyld and Jan Luba QC Legal Action March 2020 ‒ to read the article (subscription required), click here

HOUSING LAW DIARY
 

13 April 2020                            
Consultation closes on Review of the ban on the use of combustible materials in and on the external walls of buildings (see Housing Law Consultations)

20 April 2020                            
Consideration by the Legislation, Justice and Constitution Committee of the Welsh Assembly of the Renting Homes (Amendment) (Wales) Bill (see Housing Laws in the Pipeline)

22 April 2020                            
Postponed second reading of the Telecommunications Infrastructure (Leasehold Property) Bill (see Housing Laws in the Pipeline)

30 April 2020                            
Consultation closes on Estate charges on housing developments – Wales (see Housing Law Consultations)

1 May 2020                              
Extended deadline for responses to First Homes consultation (see Housing Law Consultations)

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk
RECRUITMENT
 
Housing Officer – Grade C3
Leeds City Council
Click here for details
 
 
Accounts Manager
Brighton and Hove City Council
Click here for details
 
 
Accounts Manager
Brighton and Hove City Council
Click here for details
 
 
Housing Innovations Officer
Central Bedfordshire Council
Click here for details
 
 
Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B