8th July 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Possession proceedings to resume from 24 August 2020
On 1 July 2020, in response to a written question in the House of Lords, Lord Greenhalgh, Minister of State for Housing, Communities and Local Government, said: “From 24 August 2020, the courts will begin to process possession cases again. This is an important step towards ending the lockdown and will protect landlords’ important right to regain their property. Work is underway with the judiciary, legal representatives and the advice sector on arrangements, including new rules, to ensure that judges have all the information necessary to make just decisions and that the most vulnerable tenants can get the help they need when possession cases resume.” For the response of the Residential Landlords Association to the statement, click here.

Polly Neate, chief executive of Shelter, responded to the news by stating: “Thousands off renters are already calling our emergency helpline terrified at the prospect of becoming homeless … Before Parliament breaks for the summer the Government must give judges the power to consider the impact of the pandemic when deciding if a renter should be evicted.” The Residential Landlords Association disputed Ms Neate’s claim, saying that landlords will do all they can to sustain tenancies. For Polly Neate’s Twitter feed, click here. For the RLA news item, click here.

Rough sleeping: funding for emergency accommodation during the pandemic, and support for EEA rough sleepers
On 30 June 2020 the MHCLG published a letter from the Minister for Rough Sleeping and Housing to all local authorities in England to update them on the announcement of additional funding of £105 million to support interventions for those placed in emergency accommodation, and support for EEA rough sleepers. For the letter, click here.

Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020
These regulations (the Amendment Regulations), which come into force on 24 August 2020, amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (the Eligibility Regulations). The Eligibility Regulations prescribe classes of person who are exempt from sections 160ZA(2) and 185(2) of the Housing Act 1996 (the 1996 Act) which render a person who is subject to immigration control ineligible for an allocation of housing by a local authority or for housing assistance. In particular, regulation 4 of the Amendment Regulations amends regulation 3 of the Eligibility Regulations (which relates to the eligibility of persons subject to immigration control for an allocation of housing accommodation under the 1996 Act) by prescribing two additional classes of persons subject to immigration control who are eligible for an allocation of housing under the 1996 Act. Regulation 5 of the Amendment Regulations amends regulation 5(1) of the Eligibility Regulations (which relates to the eligibility of persons subject to immigration control for homelessness assistance under the 1996 Act) by prescribing two additional classes of person who are eligible for such assistance. For the 2020 Amendment Regulations, click here. For the Eligibility Regulations, click here. For a letter form the MHCLG notifying local authorities of changes to the housing eligibility regulations, click here.

Asylum accommodation and support: National Audit Office report
On 3 July 2020 the National Audit Office published a report assessing the Home Office’s early progress towards achieving value for money in the provision of accommodation and support for asylum seekers and their families while their cases are processed. The services are provided thorough six new regional contracts, known as COMPASS.

The NAO’s provisional finding is that, measured against the Home Office’s objectives, it is paying more to providers, after finding that COMPASS was under-priced, and negotiating improvements to the service. Accommodation providers are now beginning to meet service standards, but the AIRE (Advice, Issue Reporting and Eligibility) has not yet delivered consistently acceptable performance. Also, the Department faces challenges in adapting services to changing demand and in delivering its plan to redistribute people across the country. To date, the Department has shown that it has learned from the COMPASS contract and has laid the foundations for a better service. According to the NAO, the Department now needs to address the challenges identified in order to deliver value for money over the life of these contracts. For the report, click here. For a summary, click here. For the associated press release, click here.

Domestic Abuse Bill: draft statutory guidance published
On 3 July 2020 the Government published draft statutory guidance in relation to the Domestic Abuse Bill. In a section devoted to housing, the draft guidance notes: “As the majority of domestic abuse is perpetrated at home, housing providers can play a unique role in supporting victims of abuse who are their tenants and holding perpetrators to account.” On the same day the Government also published (i) a letter from ministers to Jess Phillips MP on the first tranche of the government amendments tabled for the Commons report stage of the Domestic Abuse Bill, which took place on 6 July 2020; and (ii) a supplementary memorandum addressing ECHR issues that arise in relation to certain of the Government amendments. For the draft statutory guidance, click here; for the letter concerning tabled amendments to the bill, click here; and for the supplementary memorandum on ECHR issues, click here. For a briefing produced by the Local Government Association, click here. For a House of Commons Library briefing on the bill, published on 3 July 2020, click here. To follow progress of the bill, click here.

Coronavirus and housing indicators in England and Wales
On 2 July 2020 the Office for National Statistics published an article bringing together the latest official statistics and published data on housing indicators in England and Wales to help understand trends during the Coronavirus (COVID-19) pandemic. The article includes data on Energy Performance Certificate lodgements, residential property and land transactions as well as the number of mortgage approvals for house purchases. For the article, click here.

Housebuilding and Covid-19: Shelter report
On 30 June 2020 Shelter published analysis, carried out by Savills, which predicts that the Covid-19 pandemic will see 84,000 fewer homes delivered this year, with overall output dropping from 255,000 last year to just 171,000 homes in 2020/21. Shelter estimates that without urgent government action, 116,000 construction jobs could be lost by 2020/21 as housebuilding stalls. Under the worst-case scenario, the report also shows the Government will fall significantly below its own housebuilding targets, with as many as 318,000 new homes lost over the next five years. For the Shelter press release, click here. For a blog article about the research, click here. For the response of the Local Government Association, click here.

Affordable homes
On 5 July 2020 Robert Jenrick, the Communities Secretary, announced that housing associations and councils will now have a longer deadline to deliver new affordable homes under the Affordable Homes Programme, with the new homes to be started by March 2023. Previously, homes delivered using the Government’s current £9 billion AHP had to have been begun by March 2022. The Government estimates that unavoidable delays in the construction industry due to coronavirus have stalled the building of 53,000 new affordable homes. For the announcement, click here.

Affordable housing: IPPR report
On 30 June 2020 the Institute of Public Policy Research published a report warning that housing affordability issues are set to intensify due to Covid-19, with those on low incomes and privately renting most affected. Polling conducted for IPPR by Savanta ComRes revealed that since the Covid-19 outbreak:

  • One in five (21 per cent) are worried that they will not be able to afford their rent or mortgage in the future.
  • One in five (19 per cent) say that they have been unable to save during most weeks since the UK entered lockdown. This rises to a quarter of those living in rented accommodation (25 per cent).
  • 13 per cent say they have had to cut back spending on essentials in order to pay their rent or mortgage, and 10 per cent say they had run out of money a week or more before the end of the month.

IPPR is calling for the Chancellor to announce major reforms to housing policy in his forthcoming financial statement. For the report, click here. For the press release announcing the report, click here.

Statistics at MHCLG affected by Covid-19
On 29 June 2020 the MHCLG issued a statement concerning  changes to its regular statistical production due to the coronavirus outbreak. Collections from local authorities are beginning to return to normal timescales so there are fewer changes to the publication schedule going forward. To date, and to a lesser extent going forwards, collection periods have been extended to give local authorities a greater amount of time to submit data and consequently the production of data series will need to be delayed, and in some cases, suspended. For the statement and publication schedule, click here. For a list of statistical releases and links to them, click here.

Poor housing, health and Covid-19
On 1 July 2020 five leading housing organisations – backed by 60 businesses,​ banks, charities and think tanks – launched a campaign to warn that the country’s housing crisis is making lockdown even more unbearable for millions. The ‘Homes at the Heart’ campaign urges Government to put funding for new and existing social homes at the heart of the country’s recovery from coronavirus. According to a YouGov survey, conducted for the campaign, 31 per cent of adults in Britain – 15.9m people – have had mental or physical health problems because of the condition of, or lack of space in, their home during lockdown. This includes people seeking medical help or taking medication for mental health issues, not getting enough sleep, people experiencing depression or stress, as well as those falling physically ill or catching coronavirus. For more details, click here.

Recovery plan for UK
On 30 June 2020 the Prime Minister “set out the first steps in the strategy to rebuild Britain and fuel economic recovery across the UK”. Announcements made in respect of housing included:

  • A £12bn affordable homes programme that will support up to 180,000 new affordable homes for ownership and rent over the next eight years;
  • Within the affordable homes programme a 1,500 unit pilot of ‘First Homes’: houses that will be sold to first time buyers at a 30 per cent discount which will remain in perpetuity, keeping them affordable for generations of families to own;
  • Allocation of funds from the £400m Brownfield Land Fund to the West Midland, Greater Manchester, West Yorkshire, Liverpool City Region, Sheffield City Region, North of Tyne and Tees Valley to support around 24,000 homes;
  • The Home Building Fund to help smaller developers access finance for new housing developments will receive additional £450m boost. This is expected to support delivery of around 7,200 new homes.

For the announcement, click here. For coverage of the announcement by the National Housing Federation, click here.

Homelessness: call for emergency legislation
On 2 July 2020 Crisis called for emergency legislation to be introduced so that people will be protected from homelessness during the current pandemic and afterwards. The proposed legislation, drafted by Garden Court Chambers for Crisis, would provide a clear framework to ensure anyone facing homelessness as a result of the pandemic is entitled to the support needed to prevent them from ending up on the streets. The key amendments outlined as part of the legislation include:

  • Ensuring everyone with nowhere safe to stay has access to emergency accommodation by introducing a duty, backed by funding, for local authorities in England to provide emergency accommodation over the next 12 months.
  • Lifting the ‘no recourse to public funds’ restrictions for 12 months for people helped by this legislation so they can access Universal Credit and homelessness assistance.
  • Protecting people from being evicted from their homes through no fault of their own if they have been unable to pay their rent as a result of the outbreak.
  • Suspending the benefit cap to prevent people from becoming homeless if they are unable to return to work in the next few months.

For more details, click here.

Poverty in the UK
On 1 July the Social Metrics Commission published a report which showed that:

  • Before the coronavirus pandemic struck, there were 4.5 million people (7 per cent of the UK population) living in deep poverty, up from 2.8 million (5 per cent of the population) two decades ago.
  • This is in contrast to the overall rate of poverty, which has changed relatively little over the same period (decreasing from 23 per cent in 2000/01 to 22 per cent in the latest figures).

For more details, including key findings, click here.

No Home at Risk campaign: Generation Rent
On 1 July 2020 Generation Rent called on the Government to end the rent debt crisis and make sure that no home is at risk. The organisation demanded:

  • Suspension of evictions for rent arrears, to ensure that renters who have lost income due to the pandemic do not also lose their home.
  • Ensuring the benefits system covers housing costs, through restoring Local Housing Allowance to the median rent, removing benefit caps, expanding eligibility, and scrapping no recourse to public funds.
  • Introduction of a new Coronavirus Home Retention Scheme making £750 million of support available to cover lost income and end rent debt.

For more information, click here. For the response of Crisis, click here.

Guidance for local authorities on enforcing standards in rented properties: Covid-19 – Wales
On 2 July 2020 the Welsh Government updated guidance on how local authorities will inspect and take action on unsafe rented private properties. For the guidance, click here.

Grenfell Tower Inquiry: limited attendance hearings
On 2 July 2020 the Grenfell Tower Inquiry published an update on its work, including information about limited attendance hearings. The update provides a digest of:

  • Arrangements for holding limited attendance hearings
  • Following the hearings remotely
  • Support arrangements
  • Disclosure figures
  • Contact information
  • Drop-in sessions

For the update, click here.

Anti-social behaviour during lockdown
HouseMark has published its sector-wide COVID-19 impact analysis for June. It shows:

  • Reports of ASB have increased by 43 per cent since March.
  • Arrears increased a further 3.3 per cent in May, much lower than the increase seen in March (5 per cent) and April (10 per cent). By the end of the month average sector arrears stood at 3.37 per cent, up from 3.27 per cent in April. This lower than expected increase in May masks significant variation within individual landlords. Concerns remain of further increases once the government’s job retention scheme ends.
  • Seventy per cent of landlords expect to have resumed a full responsive repairs service and major works by the end of July. HouseMark estimates a backlog of 1.5 million non-emergency repairs built up by the end of May.
  • Lettings activity recovered 82 per cent in May compared to the previous month, but still remains at only a third of the level that would normally be expected at this time of year.

For an executive summary, click here.

Regulator of Social Housing: letter to large providers
On 1 July 2020 the Regulator of Social Housing wrote to all providers with more than 1,000 units with a regulatory update and information about the submission of regulatory returns. For the letter, 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 its second reading on 29 April 2020. For the second reading debate, click here.  The Public Bill Committee completed its scrutiny of the bill and reported the bill without amendments to the House on 25 June 2020. The bill is now due to have its report stage and third reading on a date to be announced. 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. 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 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 after second reading in the House of Commons, 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 considered the bill on various dates up to 12 March 2020. The Legislation, Justice and Constitution Committee and the Finance Committee are due to consider the Bill on dates to be appointed. On 1 April 2020 the First Minister issued a statement on the Welsh Government’s approach to legislation in light of COVID-19 in which he confirmed that this bill was not one of the Welsh Government’s current priorities and that the legislative programme remains under continual review. 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. The second reading has been brought forward to 23 October 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. The second reading has been further postponed to 29 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. The second reading has been postponed to 5 March 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. The second reading has been further postponed to 23 October 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. The second reading has been further postponed to 15 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.

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 further postponed to 13 November 2020. 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 23 October 2020. For the bill as introduced, click here. To follow progress of the bill, click here.

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HOUSING LAW ARTICLES & PUBLICATIONS
 

Housing case law update – June 2020 Daniel Skinner and Natalie Hurst Local Government Lawyer 29 June 2020 – to read the article, click here

Gas safety certificates and possession proceedings Sarah Salmon Local Government Lawyer 29 June 2020 – to read the article, click here

The section 188(1) duty and the Homelessness Reduction Act Toby Vanhegan Local Government Lawyer 29 June 2020 – to read the article, click here

Homelessness and allocations guidance – amendments Mark Prichard Blog 30 June 2020 – to read the article, click here

How people sleeping rough are being supported post-lockdown Matt Harrison Homeless Link Blog 30 June 2020 – to read the article, click here

Looking back at Robert Jenrick’s speech at the International Housing Summit Melanie Rees CIH Blog 30 June 2020 – to read the article, click here

Adventures in forfeiture – brothels and specifying the breach Giles Peaker Nearly Legal 1 July 2020 – to read the article, click here

Project Speed or project status quo? Robin White Shelter Blog 1 July 2020 – to read the article, click here

Airbnb, Booking.com etc – can a tenant use their premises for such short term occupation? Andy Lane Local Government Lawyer 2 July 2020 – to read the article, click here

Rural housing associations are the glue connecting local communities – and can play a key role in the country’s recovery Kate Henderson NHF Blog 2 July 2020 – to read the article, click here

What can we learn from Germany’s private rented sector? Maureen Corcoran CIH Blog 3 July 2020 – to read the article, click here

Two thirds of a stay Giles Peaker Nearly Legal 4 July 2020 – to read the article, click here

Dispensing with section 20 – requirements on landlord Giles Peaker Nearly Legal 4 July 2020 – to read the article, click here

Evidencing a joint tenancy Giles Peaker Nearly Legal 5 July 2020 – to read the article, click here

Reducing ‘hidden’ homelessness – collaboration and innovation in Cornwall Allister Young NHF Blog 5 July 2020 – to read the article, click here

Housing benefit: update 2020 Bethan Harris, Desmond Rutledge and Kevin Gannon Legal Action July/ August 2020 ‒ to read the article (subscription required), click here

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

HOUSING LAW DIARY
 

8 July 2020                                          
Chancellor of the Exchequer’s financial statement

13 July 2020                                         
Commencement of the Universal Credit (Miscellaneous Amendments) Regulations 2020 (see Housing Law News and Policy Issues)

21 July 2020                                         
House of Commons rises for the summer recess

29 July 2020                                         
House of Lords rises for summer recess

24 August 2020                                    
Possession proceedings to resume (see Housing Law News and Policy Issues)

24 August 2020                                    
Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 come into force (see Housing Law News and Policy Issues)

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