17th June 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Grenfell Tower Inquiry: Panel marks third anniversary of fire
Ahead of the third anniversary of the fire at Grenfell Tower on 14 June 2017, the Grenfell Tower Inquiry Panel made the following statement:
"On the third anniversary of the fire at Grenfell Tower the members of the Inquiry Panel wish to extend their heartfelt sympathy and that of the entire Inquiry team to all those whose lives were changed irrevocably by the disaster and particularly to those who lost loved ones as a result of this tragic event.

“Although the Covid-19 pandemic has forced us to suspend hearings, we shall resume them as soon as we can. Our determination to uncover the causes of the disaster remains as strong as ever."

For the Inquiry website, click here.

Grenfell Tower Inquiry: update
On 9 June 2020 the Grenfell Tower Inquiry published an update on its work. The update provides a digest of: plans for limited attendance hearings: exchange of letters with the Prime Minister; disclosure figures; contact information; and drop-in sessions. For the update, click here.

Grenfell Tower: update letter to residents
On 12 June 2020 the MHCLG published an update letter to residents on developments in response to the Grenfell Tower fire. For the letter, click here.

Building Safety Programme – England
On 11 June 2020 the MHCLG published data in respect of the Building Safety Programme as at 31 May 2020. At that date:

  • There were 155 high-rise residential and publicly owned buildings in England that had completed remediation works to remove and replace Aluminium Composite Material (ACM) cladding systems – an increase of six since the end of April.
  • Overall, 209 buildings had either completed remediation or had had their ACM cladding systems removed, 46 per cent of all identified buildings.
  • There were 300 high-rise residential and publicly owned buildings with ACM cladding systems unlikely to meet building regulations yet to be remediated in England. Of these, 140 buildings had started remediation, including 54 buildings that had had their ACM cladding systems removed.
  • The Social Sector ACM Cladding Remediation Fund had approved £270 million of funding for the removal and replacement of unsafe ACM.
  • The Private Sector ACM Cladding Remediation Fund had approved £33 million for the removal and replacement of unsafe ACM.

For the full report, click here.

Cladding on residential buildings: UK Cladding Action Group mental health report
On 11 June 2020 the UK Cladding Action Group published a mental health report which found that nine out of ten of 550 leaseholders and tenants surveyed by it said that their mental health had deteriorated as a direct result of the situation in their building. Twenty-three per cent reported having suicidal feelings or a desire to self-harm. The report makes several key recommendations which the Group believes would help benefit the mental, physical and social wellbeing of residents. For the report, click here.

Cladding on residential buildings: Select Committee report
On 12 June 2020 the Commons Select Committee on Housing, Communities and Local Government published a report on the progress with remediation of dangerous cladding on residential buildings. The Committee found that there are still 2,000 high risk residential buildings with some form of dangerous cladding; properties have become unmortgageable and unsellable; and many residents continue to pay hundreds of pounds a month for waking fire watches and face bills of tens of thousands of pounds for remedial work fix fire safety issues.

The Committee says that the £1 billion Building Safety Fund to remove combustible non-ACM cladding from buildings above 18 metres is likely to be sufficient to cover the cost of removal from only a third of the 1,700 buildings needing remediation. Stringent rules on applying to the Fund, including a short application window and restrictions against social housing providers, risk leaving many unable to access vital funding.

The Committee calls on the Government to make an absolute commitment to ensure that all buildings of any height with ACM cladding should be fully remediated of all fire safety defects by December 2021. For the report, click here. For details of the inquiry, click here. For the response of the Local Government Association to the report, click here.

Stay on possession proceedings: Amendments to Practice Direction 51Z
On 11 June 2020 the Master of the Rolls and the Lord Chancellor signed an Amending Practice Direction, which amends Practice Direction 51Z in relation to possession proceedings during the Coronavirus pandemic. The Amending PD is effective immediately.

The amendments are intended to clarify that:

  • during the stay, courts are not required to give any notice to parties,
  • nor does time run (in relation to time limits) during the stay,
  • the PD ceases to have effect on 25 June 2020, when the new rule (below) comes into effect.

For the PD Update, click here.

Stay on possession proceedings: Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020

The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020 have been laid before Parliament. The rules will temporarily amend the Civil Procedure Rules 1998 Part 55 to stay all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession. The Amendment Rules are intended to:

  • avoid any gap in the operation of the stay on possession proceedings,
  • come into force on 25 June 2020 for eight weeks,
  • expire on 23 August 2020.

For the Amendment Rules, click here.

Ban on evictions and help for rough sleepers: HoC Library research briefing
On 9 June 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 to retain their homes and to enable local authorities to tackle the specific challenges faced by rough sleepers. The paper is being updated regularly to take account of new developments. For the paper, click here.

Domestic Abuse Bill 2020 and other Government initiatives on the issue
On 11 June 2020 the Government published a letter from Victoria Atkins, Parliamentary Under Secretary of State at the Home Office, and Alex Chalk, Parliamentary Under Secretary of State in the Ministry of Justice, to Jess Phillips following the second reading of the Domestic Abuse Bill 2020. The nine-page letter outlines the Government's initiatives and positions (and includes links to further documents) in respect of various matters related to domestic abuse, including priority need for accommodation of survivors and local connection rules for homeless people. For the letter, click here. For the bill, as introduced, click here.

Regulator of Social Housing’s second survey of housing associations and local authorities on impact of pandemic
On 9 June 20202 the Regulator of Social Housing published the results of its second survey of housing associations and local authorities on impact of the coronavirus pandemic. The social housing sector is generally reporting that it is continuing to maintain service delivery for emergency repairs and key health and safety checks, and that some of the challenges facing it have begun to ease. Providers report that almost all emergency repairs are being completed, but challenges with access to properties and the reduced reporting of repairs mean that backlogs of routine repairs and some safety checks continue to rise. Almost all gas safety certificates are in date for most providers but compared to April, a higher number of providers are reporting they are currently completing most, rather than all, gas safety checks. Many providers have said that they normally operate a 10- or 11-month gas servicing cycle to mitigate against the risk of failing to meet the 12-month statutory cycle should problems arise. In the current circumstances the effectiveness of this mitigation is diminishing and as a result, the backlogs of gas safety checks are rising and are likely to continue to rise. For the full results of the survey, click here.

Call for suspension of No Recourse to Public Funds
On 12 June 2020 the Local Government Association said that high numbers of people with No Recourse to Public Funds – a condition Government places on some individuals as a result of their immigration status, removing access to welfare benefits – have approached councils for support during the pandemic following, for example, loss of employment. The LGA has called on the Government to suspend the NRPF condition so that people are able to access welfare benefits, which might prevent them from becoming homeless. For more details, click here.

Interim accommodation duty
On 10 June 2020 it was held in R (Mitchell) v London Borough of Islington [2020] EWHC 1478 (Admin) that in order to bring to an end a local authority’s interim duty to provide an applicant with temporary accommodation under s.188(1) of the Housing Act 1996, the applicant must receive notice of a decision from the local authority that makes reference to the continuing initial duty under s.189B(2). The need to comply with the requirements of s.188 (1ZA)(b) ensures that requisite notice is provided to an applicant which should assist in preventing potential prejudice to an applicant occurring. For a summary of the judgment by Alice Richardson of Trinity Chambers, see New Housing Cases (below). For the judgment, click here.

Prison leavers, homelessness and coronavirus pandemic
On 15 June 2020 The Guardian reported that figures released to the Labour MP Lyn Brown in response to a parliamentary question show that 840 men, 89 women and 85 young adults aged 18 to 24 were released into rough sleeping or other forms of homelessness between 23 March, when the lockdown was imposed, and 30 April 2020. The Justice Minister Lucy Frazer said that “due to public health concerns and public protection considerations, there is a need to provide accommodation for a larger cohort of prison leavers”, and funding had been increased. For the article, click here.

Traveller caravans: January 2020 – England

On 11 June 2020 the MHCLG published data concerning the number of traveller caravans in England in January 2020. At that time there were:

  • 22,710 traveller caravans (48 more than January 2019)
  • 6,506 caravans on authorised socially rented sites (84 fewer than January 2019)
  • 13,461 caravans on authorised privately funded sites (200 more than January 2019)
  • 2,049 caravans on unauthorised developments on land owned by travellers (27 more than January 2019)
  • 694 caravans on unauthorised encampments on land not owned by travellers (95 fewer than January 2019)
  • 88 per cent of traveller caravans in England on authorised land and 12 per cent on unauthorised land.

For the full data, click here.

Universal credit: Citizens Advice survey
On 10 June 2020 Citizens Advice reported that out of 500 people surveyed by the charity, who have applied for universal credit as a result of the coronavirus outbreak, more than half (53 per cent) have faced hardship during the five-week wait for their first payment. The charity has supported almost 90,000 people with universal credit issues since the lockdown began. For more details, click here.

Guide for frontline staff to support tenants during the coronavirus pandemic
On 8 June 2020 the Welsh Government published guidance explaining how tenants can get help to pay rent and bills and how to apply during the coronavirus pandemic. For the guidance, 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.  It is now being considered by a Public Bill Committee which will scrutinise the bill line by line and is expected to report to the House by 25 June 2020. 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. The report stage will be on 29 June 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 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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NEW HOUSING CASES
 

R (Mitchell) v London Borough of Islington [2020] EWHC 1478 (Admin)
The Claimant challenged a decision by the London Borough of Islington to refuse to provide him with temporary accommodation under s.188(1) of the Housing Act 1996.

The issue for the court was how and when a local authority's interim duty under s.188 of the 1996 Act comes to an end, in light of amendments made to it by the Homelessness Reduction Act 2017.

The Facts

The Claimant was a homeless 30-year old man with a number of medical issues.

On 15 June 2018 the Claimant contacted the Defendant for homelessness assistance. Having assessed that initial application, the Defendant was satisfied that the Claimant was homeless and eligible for assistance and that the ‘relief duty’ was owed under s.189B.

The Defendant provided the Claimant with temporary accommodation at an address in Islington from 28 August 2018.

By letter dated 5 October 2019 a Senior Housing Practitioner of the Defendant notified the Claimant of its decision, pursuant to s.184 of the Housing Act 1996 that the Claimant was threatened with homelessness, eligible for assistance but that he did not have a priority need for housing assistance. The Claimant was advised that his temporary accommodation was cancelled from 14 October 2019.

The Claimant sought a review of that decision and temporary accommodation pending review pursuant to s.188(3). The Defendant maintained its decision not to exercise its discretion to provide such accommodation.

In these proceedings the Claimant challenged the decision on the basis that the s.188(1) had not been ended because the s.189B duty had not been discharged.

The Issue

Section 188, in its amended form, provides:

“(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant's occupation.


(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—


(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or


(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.


(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—

(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.


(1A) But if the local housing authority have reason to believe that the duty under section 193(2) may apply in relation to an applicant in the circumstances referred to in section 195A(1), they shall secure that accommodation is available for the applicant's occupation until the later of paragraph (a) or (b) of subsection (1ZB)] regardless of whether the applicant has a priority need.


(2) The duty under this section arises irrespective of any possibility of the referral of the applicant's case to another local housing authority (see sections 198 to 200).


(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority's decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A), the authority's duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193A(2) until the decision on the review has been notified to the applicant.


(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202. But the authority may secure that accommodation is available for the applicant's occupation pending a decision on review."


The issue was when and how the interim duty comes to an end.

The Claimant contended that the answer is provided by subsections (2A) and (3). In circumstances where subsection (2A) does not apply, subsection (3) provides that the duty comes to an end "in accordance with subsections (1ZA) to (1A)".

By contrast, the Defendant contended that the interim duty came to an end when the Defendant decided that the applicant was not in priority need – at that point the Defendant no longer has the relevant reason to believe that a person may be in priority need for the purposes of s.188(1).

The Judgment

The judge held that if the intention had been that a decision under s.184, that a person is not in priority need, was sufficient of itself to bring the interim duty to an end, subsection (1ZA) could have readily articulated this. It did not. Instead, it set out two alternative ways in which the local housing authority can bring the interim duty to an end in such circumstances: subsections (1ZA)(a) and (b).

Those requirements reflected the general logic of the statutory scheme as amended.

Subsection (1ZA)(a) did not apply in this case and the letter from the Defendant to the Claimant dated 5 October 2019 did not provide the type of notification set out in subsection (1ZA)(b).

Section 188(1ZA) enabled a local housing authority to bring the interim duty to accommodate to an end where it has concluded its inquiries under s.184 and decided that the applicant does not have a priority need. It is permitted to do this even though the separate and different initial duty under s.189B(2) is continuing. This is what is specifically contemplated and provided for in s.188 (1ZA)(b).

In these circumstances, it was an understandable requirement that in order to bring that interim duty under s.188(1) to an end, the applicant must receive notice of a decision from the local authority that makes reference to the continuing initial duty under s.189B(2).

The need to comply with the requirements of subsection (1ZA)(b) ensures that requisite notice is provided to an applicant which should assist in preventing potential prejudice to an applicant occurring.

The claim for judicial review was allowed.

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


HOUSING LAW ARTICLES & PUBLICATIONS
 

Invest in Housing First to keep people off the streets for good Jo Prestidge Homeless Link 10 June 2020 – to read the article, click here

Civil Penalty Notice - Upper Tribunal Guidance on the Approach to Calculating the Amount of Penalty
Vilma Vodanovic Trinity Chambers 11 June 2020 – to read the article, click here

Improvement Notices & the First-Tier Tribunal Property Chamber
James McHugh and Morgan Brien Local Government Lawyer 10 June 2020 – to read the article, click here

Houses in Multiple Occupation (HMOs)
Alice Richardson and Morgan Brien Local Government Lawyer 10 June 2020 – to read the article, click here

First-Tier Tribunal, Property Chamber Appeals – practice and procedure
Vilma Vodanovic and Tom Tyson Local Government Lawyer 10 June 2020 – to read the article, click here

Coronavirus nearly ended homelessness in the UK. Why can't we end it for good?
Francisco Garcia The Guardian 11 June 2020 – to read the article, click here

Here comes the new stay, same as the old stay
Giles Peaker Nearly Legal 11 June 2020 – to read the article, click here

We need more social homes, says housing minister. But are we getting them?
Tarun Bhakta Shelter Blog 11 June 2020 – to read the article, click here

The Guardian view on the Grenfell inquiry: justice delayed
Editorial The Guardian 11 June 2020 – to read the article, click here

Where next for rough sleepers after lockdown
Vicky Nevin Centrepoint 12 June 2020 – to read the article, click here

Grenfell: Justice matters more than ever
Tyrone Scott Shelter Blog 12 June 2020 – to read the article, click here

The COVID-19 “New Deal”​: How to boost the delivery of housing associations at a stroke
Russell Harris QC Landmark Chambers 12 June 2020 – to read the article, click here

Support For People Experiencing Single Homelessness: what the latest figures tell us
Molly Zakra Homeless Link 12 June 2020 – to read the article, click here

Ending the interim accommodation duty: notification requirements
Mark Prichard Blog 15 June 2020 – to read the article, click here

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

HOUSING LAW DIARY
 

25 June 2020                           
Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020 come into effect (see Housing Law News and Policy Issues)

25 June 2020
Committee scheduled to report to House of Commons on Domestic Abuse Bill

29 June 2020
Report stage in the House of Commons of Telecommunications Infrastructure (Leasehold Property) Bill (see Housing Laws in the Pipeline)

29 & 30 June 2020                    
Supreme Court hearing in R (Z and another) v Hackney London Borough Council and another as to whether a housing association can lawfully restrict the provision of its social housing to members of the Orthodox Jewish community.

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