HOUSING LAW NEWS & POLICY ISSUES

Spending Review 2020
On 25 November 2020 the Chancellor of the Exchequer, Rishi Sunak, delivered the Spending Review for 2020. For an excellent briefing produced by the Local Government Association, click here. For an at-a-glance summary of the housing-related announcements, published by Inside Housing (subscription required), click here. For responses by the Local Government Association specific to each announcement, click here and scroll to press releases of 25 November 2020. For the response of Crisis to the announcement of  additional funding of £151 million for 2021/22 to help those facing homelessness and rough sleeping, click here. For that of Homeless Link in respect of the same announcement, click here. For comment by the National Residential Landlords Association concerning benefits for renters, click here. For that of Shelter more generally, click here.

Domestic abuse victims and legal aid
On 24 November 2020 in R (on the application of GR) v Director of Legal Aid Casework & Anor [2020] EWHC 3140 (Admin), the High Court held that victims of domestic abuse who jointly own property with their abuser must not be automatically denied legal aid on the grounds of capital that is in practice 'trapped'. The court found the Legal Aid Agency (LAA) has discretion over whether legal aid should be granted in these cases. For the judgment, click here. For an article concerning the case on the website of Public Law Project, which brought the case, click here.

Building Safety Bill
On 24 November 2020 the Commons Housing, Communities and Local Government Committee published a report finding that “in its current form, the draft Building Safety Bill fails to provide sufficient protection against leaseholders paying the bill for work to remedy existing fire safety defects. The building safety charge should be a way of funding the cost of future work, not a mechanism for ensuring residents foot the bill for historic failures in fire safety construction or maintenance.” The Committee reiterates its long-standing call on the Government to provide sufficient funding for remedial work and develop mechanisms to recover these costs from those responsible. For the report, click here. For the conclusions and recommendations, click here. For a summary, click here.

Housing supply
On 26 November 2020 the MHCLG published statistics showing that in 2019-20 243,770 homes were delivered. This is the highest number of homes delivered since 1987 and the seventh year in a row the number of new homes built has increased. The 243,770 net additions in 2019-20 resulted from 220,600 new build homes, 26,930 gains from change of use between non-domestic and residential, 4,340 from conversions between houses and flats and 930 other gains (caravans, house boats etc.), offset by 9,020 demolitions. For the full statistics, click here. For the latest data tables on dwelling stock (including vacants), click here.

Help to Buy (equity loan scheme) statistics: data to 30 June 2020
On 27 November 2020 the MHCLG published statistics showing cumulative sales since the launch of the Help to Buy (equity loan) scheme on 1 April 2013. Between that date and 30 June 2020:

• 278,639 properties were bought with an equity loan.
• The total value of these equity loans was £16.46 billion, with the value of the properties sold under the scheme totalling £75.06 billion.
• Most of the home purchases in the Help to Buy: Equity Loan scheme were made by first time buyers, accounting for 228,896 (82 per cent) of total purchases.
• The mean purchase price of a property bought under the scheme was £269,385, with buyers using a mean equity loan of £59,089.
• In London, the maximum equity loan was increased from 20 per cent to 40 per cent in February 2016; since then to 30 June 2020 there were 21,071 completions in London, of which 18,581 were made with an equity loan higher than 20 per cent.

For the statistics, click here.

Help to Buy: ISA Scheme Quarterly Statistics: December 2015 to 30 June 2020
On 27 November 2020 HM Treasury published official statistics on the government’s Help to Buy: ISA scheme. From 1 December 2015 to 30 June 2020:

• 336,884 property completions have been supported by the scheme.
• 443,678 bonuses have been paid through the scheme with an average bonus value of £1,010.
• The highest number of property completions with the support of the scheme is in the North West, 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 £173,988 compared to an average first-time buyer house price of £200,028 and a national average house price of £237,834.
• 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 statistics, click here.

Coronavirus: Support for rough sleepers – England
On 27 November 2020 the House of Commons Library published a briefing paper outlining the measures taken in England to support rough sleepers, and those at risk of rough sleeping, during the coronavirus (Covid-19) outbreak. It discusses the impact of these measures and stakeholder comment. For the briefing paper, click here.

Households in temporary accommodation – England
On 26 November 2020 the House of Commons Library published a briefing paper providing background information on the increase in the number of homeless households placed in temporary accommodation by English local authorities and outlining various initiatives and issues associated with the increased use of temporary accommodation. It includes statistics on households in temporary accommodation at the end of June 2020. For the briefing paper, click here.

Statutory homelessness in England
On 26 November 2020 the House of Commons Library published a briefing paper providing provides statistics on statutory homelessness in England and explaining local authorities' duties to assist homeless households. The paper includes an overview of, and comment on, Government policy in this area. It also includes statistics on local authorities' activities for the period from April to June 2020, as well as statistics on homeless households' demographics and outcomes. For the briefing paper, click here.

Benefit cap
On 26 November 2020 the Department for Work and Pensions released the latest experimental statistics on how many households have had their benefits capped between April 2013 and August 2020. The key findings are:

• As of August 2020, 170,000 households had their benefits capped; this is an 8 per cent increase from the previous quarter.
• Since the start of the pandemic, the number of households capped has risen from 79,000 in February 2020 to 170,000 in August 2020; this is an increase of 115 per cent.
• 59,000 households had their benefits capped for the first time this quarter.
• On average households are capped by £57 per week.

Commenting on the statistics, Jon Sparkes, Crisis Chief Executive, said: “[W]e urgently need the government to extend the grace period so that families don’t start the new year with the very real threat of eviction. We also need to see people rough sleeping exempt from the cap so that councils can move people out of expensive emergency accommodation quickly, and into safe and secure homes they can afford.”
For the full statistics, click here. For the full response by Jon Sparkes, click here.

Benefits system
On 24 November 2020 Generation Rent published a report which found that:

• Between February and August 2020, the number of households renting from a private landlord and claiming benefits to help them pay the rent increased by 507,000, or a third (36 per cent).
• Half of all families with dependent children renting from a private landlord now rely on benefits to pay the rent – 910,000 households. An estimated 538,000 households have a gap between

the LHA they receive and the rent they owe.

• In England, a rented household claiming Universal Credit living in an average two-bedroom property is likely to face a £155 shortfall between their benefit payment and their monthly rent, putting them at high risk of falling into debt.
• Private renters with a benefit gap are losing an estimated £636m over the course of a year.

For the report, click here.

Rogue landlord receives confiscation order of over £250,000
On 27 November 2020 Southwark Council reported that Mr Shafait Ali appeared before the Inner London Crown Court on 10 November 2020 for sentence and confiscation proceedings under the Proceeds of Crime Act 2002. Mr Ali had pleaded guilty in June 2018 to two offences of failing to comply with a planning enforcement notice under the Town and County Planning Act 1990. The notice required Mr Ali to cease the use of a property in Old Kent Road, London as three self-contained flats and two non-self-contained flats. The notice also required the permanent removal of all fittings installed to facilitate the unauthorised conversion.

At the hearing on 10 November 2020, a criminal benefit figure amounting to the rental income of £259,475 was agreed. The court ordered Mr Ali to pay the full criminal benefit figure and made a proceeds of crime confiscation order of £259,475. He was also sentenced to a fine and ordered to pay costs, totalling £23,400.59. Mr Ali now has three months to pay the confiscation order or face two and half years in prison. For the report, click here.

£3.7m funding to support domestic abuse victims – London
On 25 November 2020 the Mayor of London, Sadiq Khan, announced the investment of £3.7 million as part of a package of measures to support victims of domestic abuse and tackle violence against women and girls. The investment will be targeted at providing safe spaces for domestic abuse victims during lockdown, funding for new training for police officers to improve the response given to survivors of domestic abuse, and cash for schemes focused on addressing the behaviour of perpetrators of domestic abuse. For the announcement and details of other measures introduced by the Mayor, click here.

Regulator’s sector risk profile 2020
On 27 November 2020 the Regulator of Social Housing published its sector risk profile for 2020, setting out the main risks facing the social housing sector and some of the actions registered providers should be taking to manage those risks. The Regulator notes that to date the sector has coped well with the immediate financial and operational impacts from the pandemic, maintaining essential service delivery and a strong financial position. In the five years since regulatory standards on stress testing were strengthened and the Regulator took a more robust approach to enforcing these, there have been substantial improvements in providers’ preparedness for unexpected shocks. Nevertheless, the outlook for the sector, the wider economy, and society remains unusually uncertain and, as the pandemic evolves, further impacts are likely to emerge, including to providers’ service delivery, tenant incomes, and the housing market. There is also the potential for continued uncertainty and further shocks as the UK transitions to new trading arrangements with the European Union. Provider Boards must navigate this uncertainty and continue to effectively manage risks. For the report, 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 completed its final stages in the House of Commons on 7 September 2020. It received its first reading in the House of Lords on 8 September 2020 and its second reading on 1 October 2020. The committee stage was completed on 29 October 2020. The report stage took place on 17 November 2020. The third reading took place on 24 November 2020. The House of Lords have returned the Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on a date to be announced. For the bill, as amended on report, click here. To read debates on all stages of the bill, click here. For a briefing note prepared by the Local Government Association on second reading in the House of Lords, click here. To follow progress of the bill, click here.

Supported Housing (Regulation) Bill
This private member's bill, sponsored by Kerry McCarthy, would regulate supported housing; make provision about local authority oversight and the enforcement of standards of accommodation and support in supported housing; and prohibit the placing of children in care in unregulated accommodation. It received its first reading on 11 November 2020. It is die to receive its second reading on 15 January 2021. The bill is being prepared for publication. To follow progress of the bill, click here.

Domestic Properties (Minimum Energy Performance) Bill
This private member’s bill, sponsored by Sir David Amess, 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 give the Secretary of State powers to require persons to take action in pursuance of that duty. The first reading was on 14 July 2020 and the second reading has been further postponed to 22 January 2021. The bill is being prepared for publication. 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. The second reading has been yet further postponed to 15 January 2021. 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. The second reading has been yet further postponed to 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. It received its first reading in the House of Commons on 10 February 2020. The second reading has been yet further postponed to 8 January 2021. For the bill as introduced, click here. To follow progress of the bill, click here.

Houses in Multiple Occupation Bill
This private member’s bill, sponsored by Ian Levy, would amend the law relating to the licensing of houses in multiple occupation and increase penalties for the contravention of such licences. The bill received its first reading on 9 September 2020. The second reading has been further postponed to 26 February 2021. The bill is being prepared for publication. 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. The second reading has been postponed to 5 March 2021. To follow progress of 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. It received its first reading in the House of Commons on 10 February 2020. The second reading has been further postponed to 8 January 2021. For the bill as introduced, click here. To follow progress of the bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This private members’ bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal and would establish asylum seeker accommodation eviction procedures for public authorities. The first reading was on 10 February 2020. The second reading is scheduled for 26 February 2021. The bill is being prepared for publication. To follow progress of the bill, click here.

Vagrancy (Repeal) Bill
This private members’ bill, sponsored by Layla Moran, would repeal the Vagrancy Act 1824. It received its first reading in the House of Commons on 18 March 2020. The second reading has been further postponed to 12 March 2021. For the bill as introduced, click here. To follow progress of the bill, 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 Stage 1 motion to agree the general principles of the Bill was agreed in Plenary on 13 October 2020. Stage 2 began on 14 October 2020. Stage 2 consideration took place in Committee on 27 November 2020. Stage 3 commenced on 30 November 2020. Amendments may now be tabled to the Bill (as amended at Stage 2). For the bill as amended at Stage 2, all other documents relating to it, and to follow progress on 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. The second reading was on 22 April 2020. The committee stage was completed on 2 June 2020 and the report stage on 29 June 2020. The third reading will be on a date to be announced. For the bill, as amended on report, click here. To follow progress of the bill, click here. For a briefing, prepared by the House of Commons Library after second reading in the House of Commons, 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. The second reading has been further postponed to 29 January 2021. 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. The second reading has been further postponed to 15 January 2021. To follow progress of the bill, click here.

NEW HOUSING CASES

Hussain & Ors v London Borough of Waltham Forest [2020] EWCA Civ 1539
The Court of Appeal considered whether, in deciding whether a person was a "fit and proper person" for the purposes of an application to be a licence holder or manager of a house regulated under the Housing Act 2004, a local housing authority (and, on appeal, the First-tier Tribunal (Property Chamber)) was entitled to take into account a person's spent convictions and/or the conduct underlying such convictions.

The Law
The appeal concerned the relationship between the Housing Act 2004 and the Rehabilitation of Offenders Act 1974.

Part 2 of the 2004 Act generally requires houses in multiple occupation (“HMOs”) to be licensed: s.61. It is a criminal offence to control or manage properties subject to the regime without a licence: ss.61(1) and 72(1). Before granting a licence the authority must be satisfied that "the proposed licence holder… is a fit and proper person to be the licence holder" and that "the proposed manager of the house is a fit and proper person to be manager of the house": ss.64(2), (3)(b)(i) and (3)(d). Section 66 sets out evidence to which the local authority must have regard.

The 1974 Act allows most convictions and all cautions, reprimands and final warnings to be considered ‘spent’ after a certain period: s.1.  The rehabilitation period is determined by the sentence or disposal given.

By s.4 the consequence of a conviction becoming spent is that, subject to certain exceptions, the rehabilitated person is treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence. Evidence of such is not admissible “in any proceedings before a judicial authority exercising its jurisdiction or functions” (s.4(1)(a)) and a person is not required to answer “any question relating to his past which cannot be answered without acknowledging or referring to a spent conviction or spent convictions or any circumstances ancillary thereto” (s.4(1)((b)).

A judicial authority may, however, admit evidence of a spent conviction where justice could not otherwise be done: s.7(3). Proceedings before a judicial authority include proceedings before any body or person having power, by virtue of any enactment, to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question: s.4(6).

Background
The first appellant ("Mrs Hussain") was the mother of the third appellant ("Miss Hussain") who was the sole director of the second appellant. The appellants and Mrs Hussain's husband ("Mr Hussain") owned and managed residential properties.

In 2015, Mrs Hussain had made 21 licence applications in which she falsely stated there were no gas appliances in the relevant properties, and provided certificates only when the Council discovered that not to be true. However, those licences were granted in 2015, and no further action taken.

In May 2016, Mrs Hussain submitted licence applications for seven properties, asserting that they did not have any gas appliances. That was untrue: four of the properties did have such appliances and so required gas safety certificates. Subsequently, gas certificates dated May 2016 were provided for the four properties, but these were discovered to be backdated forgeries.

Mr Hussain had been convicted of four offences under s.1 of the Forgery and Counterfeiting Act 1981 and was sentenced to a fine of £1,000. Those convictions became spent on 29 June 2019. Mrs Hussain had been convicted of four offences of knowingly or recklessly supplying false information and was sentenced to a fine of £40,000. Those convictions became spent on 12 May 2018.

On 23 November 2018, the Council refused all of the 2016 applications, and revoked the other 29 licences held by the appellants.

The Appeal
There were two issues: (1) the scope of s.4 of the 1974 Act and (2) the meaning of ‘judicial authority’.

As to the first issue, the Upper Tribunal had held that s.4(1) did not render inadmissible evidence as to the conduct constituting an offence in respect of which there is a spent conviction.
The appellants relied on the case of R (YA) v Hammersmith and Fulham LBC [2016] EWHC 1850 (Admin), [2016] HLR 39 and argued that as a matter of construction s.4 applied not only to the fact of the conviction but also to the underlying conduct.

The Court of Appeal disagreed and held that YA had been wrongly decided. The wording of s.4(1)(a) and (b) was unambiguous: whilst, in proceedings before a judicial authority s.4(1)(a) provided that evidence of the conviction and what might be termed "the prosecution process" was inadmissible, s.4(1)(b) concerned disclosure, extending that protection so that a rehabilitated person cannot be asked (nor is he or she required to answer) questions about the conviction or circumstances ancillary thereto including conduct constituting the offence for which he or she has been convicted. 

The different words used were intended to have different effects so far as scope of the provisions were concerned: the admissibility prohibition in the former was deliberately drafted not to include evidence of conduct constituting the relevant offence.

As to the second issue, the court determined, albeit orbiter, that ‘judicial authority’ included a local housing authority exercising its licensing functions under Parts 2 and 3 of the 2004 Act. Such an authority therefore had the power under s.7(3) to disapply s.4(1) and admit evidence of a spent conviction if it was satisfied that justice could not be done without admitting that evidence.

The appeal was dismissed.

Summary by Alice Richardson, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS

Review of Pre-action Protocols: Civil Justice Council
On 27 October 2020 the Civil Justice Council launched a review of Pre-action Protocols (PAPs). The review will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required. The CJC is particularly interested in looking at how PAPs are working for litigants with limited means; the costs associated with PAP compliance; the potential of PAPs in online dispute resolution, and the potential for PAPs to be streamlined. The PAPS under review include those in respect of:

• Housing conditions claims (England)
• Housing disrepair cases (Wales)
• Possession claims based on mortgage or home purchase plan arrears in respect of residential property
• Possession claims by social landlords.

A preliminary survey seeks feedback and suggestions about what ought to be the focus of the review, and the priorities for reform. Accordingly, the CJC wants to hear from anyone with experience of, or an interest in, PAPs including the judiciary, practitioners, litigants, academics, and representative organisations working in the civil justice system.
For the online survey, click here. For more details of the review, which will close on 18 December 2020, click here.

Domestic smoke and carbon monoxide alarms
This consultation seeks views on:

• Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require social landlords to ensure at least one smoke alarm is installed on each storey of the premises on which there is a room used wholly or partly as living accommodation;
• Amending the statutory guidance (Approved Document J) supporting Part J of the Building Regulations to require that carbon monoxide alarms are fitted alongside the installation of fixed combustion appliances of any fuel type (excluding gas cookers); and
• Amending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to require private and social landlords to install a carbon monoxide alarm in any room used as living accommodation where a fixed combustion appliance is used (excluding gas cookers).

The consultation closes on 11 January 2021. For the consultation document, click here.

New model for Shared Ownership: technical consultation
The government is introducing a new model for Shared Ownership. This model will:

• Reduce the minimum initial share from 25 per cent to 10 per cent
• Introduce a new gradual ‘staircasing’ offer, to allow people to buy additional shares in their home in 1 per cent instalments with heavily reduced fees
• Introduce a 10-year period during which the shared owner will receive support from their landlord to pay for essential repairs
• Give Shared Ownership leaseholders (shared owners) more control when they come to sell their home.
  

This consultation, which will end on 17 December 2020, seeks to capture views on how to best implement the new model for Shared Ownership to ensure it can be smoothly adopted by providers and lenders, and effectively supports aspiring homeowners. For the consultation document, click here.

Alignment of the fees for online and paper civil money and possession claims
This consultation sets out the proposal for the alignment of online and paper civil fees. The aim of this proposal is to:

• ensure that there is an efficient and effective courts system;
• ensure access to justice, making sure those who need to access the courts can do so;
• ensure that our courts and tribunals have the necessary resources to deliver their much-needed services;
• ensure that those who can afford to pay a fee, pay the same fee regardless of whether they lodge a claim online or via the paper route
• simplify the existing fees structure.

This consultation ends on 30 December 2020. For the consultation document, click here.

Housing Ombudsman consultation on plans for 2021-22
On 24 November 2020 the Housing Ombudsman published a consultation paper seeking feedback on its business plan for 2021-22. It is set within the context of the Social Housing White Paper and its strengthened role for the Ombudsman, plus the continued challenge of Covid-19 and the ongoing transformation programme. 

The consultation focuses on two key areas that will help shape future development. The first concerns raising resident awareness of the role of the service and redress, a key part of the White Paper. An Ombudsman led initiative planned is the creation of a new Resident Panel with 100 members to support engagement and provide feedback as its service evolves. The second key area for future development is expanding work on learning with landlords, with a comprehensive range of complaint handling information, tools and training and encouraging the sharing of best practice between members. Targeted support will be provided for landlords with particular issues, higher maladministration rates or complaint handling failure orders. 

The consultation is open until 22 December 2020. For the consultation document, which sets out full details on how to respond, click here

HOUSING LAW ARTICLES & PUBLICATIONS

In memory of Stephen Knafler QC Jan Luba QC Legal Action November 2020 – to read this tribute, click here

When is suitable? Giles Peaker Nearly Legal 23 November 2020 – to read the article, click here

The Charter for Social Housing Residents: The new Social Housing White Paper Devonshires 24 November 2020 – to read the briefing, click here

Repayment by superior landlord Giles Peaker Nearly Legal 24 November 2020 – to read the article, click here

Why the PM must not forget to build back better Alastair Harper Shelter Blog 25 November 2020 – to read the article, click here

Who is going to win the race to the bottom? Make sure it's not you Rebecca Rees and Scott Dorling Local Government Lawyer 26 November 2020 – to read the article, click here

Census 2021 – Counting people who are homeless and vulnerably housed Emma Stidston Homeless Link 26 November 2020 – to read the article, click here

HMO licensing, the ‘fit and proper’ test and spent convictions Simon Kiely and Christian Grierson Local Government Lawyer 26 November 2020 – to read the article, click here

Social Housing Tenants Charter: A summary of key points Tarun Bhakta Shelter Blog 26 November 2020 – to read the article, click here

Housing case law update - November 2020 Paul Lloyd, Charlotte Rawson and Jatinder Bhamber Local Government Lawyer 26 November 2020 – to read the article, click here

Empty home strategies and homelessness Lyndon Campbell Local Government Lawyer 26 November 2020 – to read the article, click here

An end to the water re-seller saga? Virginia Cooper and Jason Tandy Local Government Lawyer 26 November 2020 – to read the article, click here

Spending Review: a missed opportunity to help those most in need Steph KleynhansShelter Blog 27 November 2020 – to read the article, click here

Gypsy and Traveller: Update (November 20) Tessa Buchanan, Chris Johnson, Dr Angus Murdoch and Marc Willers QC Legal Action December 2020 / January 2021– to read the article (subscription required), click here

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

HOUSING LAW DIARY

17 December 2020                               
Closing date for submissions to the consultation on New model for Shared Ownership: technical consultation (see Housing Law Consultations)

18 December 2020                               
Closing date for submissions to the Civil Justice Council Review of Pre-action Protocols: Civil Justice Council (see Housing Law Consultations)

22 December 2020                               
Closing date for submissions to the Housing Ombudsman’s consultation on plans for 2021-22 (see Housing Law Consultations)

30 December 2020                               
Closing date for submissions to the consultation on Alignment of the fees for online and paper civil money and possession claims (see Housing Law Consultations)

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