HOUSING LAW NEWS & POLICY ISSUES

Landlord possession statistics – England and Wales
On 13 August 2020 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from April to June 2020. As a result of FCA announcements and the passing of the Coronavirus Act in March 2020, possession actions of all types dropped to unprecedentedly low levels. The data, however, suggest that a general downward trend in the number of possession actions seems to have been already underway from the beginning of 2020.Between April and June 2020, landlord possession claims (3,022) and orders for possession (658) decreased by 89 and 97 per cent respectively, compared to the same quarter last year. Warrants of possession (268) also decreased (by 98 per cent). No repossessions by county court bailiffs were recorded for the quarter. For the statistics (combined with those for mortgage possession below), click here.

Mortgage possession statistics – England and Wales
On 13 August 2020 the Ministry of Justice published quarterly national statistics on possession claim actions in county courts by mortgage lenders and social and private landlords. The statistics cover the period from April to June 2020. The same general observations relate to the figures for mortgage possession claims as to those for landlord possession claims (see above). Mortgage possession claims (161) and orders for possession (149) decreased by 97 and 96 per cent respectively compared to the same quarter last year. Warrants issued (9) decreased by almost 100 per cent. No repossessions were recorded in the current quarter. For the statistics (combined with those for landlord possession above), click here.

Discretionary Housing Payments
On 13 August 2020 the Department for Work and Pensions published data on the use of Discretionary Housing Payments for the financial year 2019/20. In that year central government contributed £139.5 million to Discretionary Housing Payments (DHPs) funding in England and Wales.

Of the local authorities (LAs) who submitted returns:

• 41 per cent spent more than their central government allocation of DHP funding, which means they topped up their allocation with their own funding;
• 6 per cent spent 100 per cent of their allocation;
• 52 per cent spent less than their allocation, although many of these spent most of their allocation (only 12 per cent of LAs spent less than 90 per cent of their allocation);
• 98 per cent of the total central government allocation was spent.

For the full analysis, click here.

Housing and ‘net zero’
On 13 August 2020 the House of Commons Library published a research briefing which considers the approach to housing, energy efficiency and net zero, providing an overview of Government policy and parliamentary comment on the issue. The Government has legally binding targets under the Climate Change Act 2008 to reach ‘net zero’ carbon emissions by 2050. Meeting this target will require a range of actions across sectors of the UK economy that are responsible for emissions. Housing is one such area as it is currently responsible for around 14 per cent of UK emissions. For the briefing, click here.

Letter to the Royal Borough of Kensington and Chelsea concerning Grenfell Tower
On 14 August 2020 the MHCLG published a letter dated 16 July 2020 from the Secretary of State for Communities, Robert Jenrick, to the Royal Borough of Kensington and Chelsea following the fifth and final report of the Independent Grenfell Recovery Taskforce. The letter notes that “the council has produced an ambitious new housing strategy, with 95 per cent of households from Grenfell Tower and Walk permanently rehoused, and the appropriate support put in place for those who have not yet moved into a permanent home”; it adds that the “Taskforce's report is clear, however, that some challenges remain and that RBKC has significant work still to do in relation to culture change and improving relationships with the wider community.” For the letter, click here. For the Taskforce’s final report, click here.

Building Safety Programme at 31 July 2020
On 13 August 2020 the MHCLG published data from the Government’s Building Safety Programme. As at 31 July 2020:

• Remediation works to remove and replace unsafe Aluminium Composite Material (ACM) cladding systems had either completed or started on 323 high-rise residential and publicly owned buildings in England (71 per cent of all identified buildings) – an increase of 10 since the end of June.
• 215 buildings (47 per cent of all identified buildings) no longer had ACM cladding systems in place – an increase of six since the end of June. 158 of these (34 per cent of all buildings) had fully completed remediation – no change since the end of June.
• 94 per cent (145) of social sector buildings had either completed or started remediation. 78 of the 155 (over 50 per cent) social sector buildings had completed remediation, with 72 per cent in total having removed the ACM cladding.
• 51 per cent (107) of private sector buildings had either completed or started remediation. Of these, 44 had had their ACM cladding removed.
• 243 high-rise residential and publicly owned buildings still carried ACM cladding systems unlikely to meet Building Regulations in England. Of these, 108 buildings had started remediation.

 For the full data, click here.

Domestic abuse during lockdown: Panorama report
On 17 August 2020 Panorama broadcast an investigation into the effect of confinement on domestic abuse. Two-thirds of those living with their abuser told the charity Women's Aid that the violence towards them worsened and three-quarters said that it was harder to escape because of the lockdown. Calls to the Respect Men's Advice Line for male victims increased by 65 per cent during the first three months of restrictions. According to statistics obtained from Freedom of Information requests, there was one domestic abuse call every 30 seconds in the first seven weeks of lockdown. For a report by Victoria Derbyshire on the BBC News website, click here. For an article in The Guardian, click here. For details of the programme, click here.

Domestic Abuse Bill
On 17 August 2020 the Home Office published updated factsheets providing more information about each of the provisions in the Domestic Abuse Bill. For the factsheets, click here.

Homelessness prevention – Wales
On 11 August 2020 the Welsh Minister for Housing and Local Government, Julie James, confirmed that £40 million would be made available (adding to £10 million already pledged) to support projects across Wales “providing people with safe and secure homes to make sure they do not fall into homelessness and no-one is forced back onto the streets”. For the announcement, click here.

Tenancy Saver Loans – Wales
As part of its measures to prevent homelessness, the Welsh Government provided a package of support to make sure as many people as possible facing financial hardship as a result of the coronavirus pandemic remain in their private rented homes, sustaining tenancies and avoiding eviction due to rent arrears. For FAQs produced by the Welsh Government explaining who may apply for a loan under the scheme, which will commence in September 2020, click here. For the response of the National Residential Landlords Association which lobbied for such a scheme, click here.

Estimates of housing need in Wales: 2019-based
On 13 August 2020 the Welsh Government published an update on the 2018-based estimates of additional housing need published in 2019. During the first five years (2019/20 to 2023/24), it is estimated that between 6,200 and 8,300 additional housing units will be required annually, with a central estimate of 7,400. These figures include an annual average of 1,100 additional housing units to clear those in existing unmet need over the first five years. The estimates of additional housing need decrease over the remaining 15 years. This reflects a slowdown in the projected household growth from the 2018-based household projections. For the updated estimates, click here.

Succession and secure tenancies
Barristers’ chambers Five Paper has reported that the Supreme Court has refused permission to appeal from the judgment of the Court of Appeal in Simawi v London Borough of Haringey [2019] EWCA Civ 1770. Lords Kerr, Sales and Legatt JJSC refused permission on the papers. The decision of the Court of Appeal, upholding the findings of Murray J in the High Court, means that local authorities can continue to rely on ss.87-89 of the Housing Act 1985 to obtain possession of properties after the death of successor tenants. For an article on the Court of Appeal judgment on Nearly Legal, click here. For the judgment, click here.

Private tenants surveyed on rent arrears
On 12 August 2020 the National Residential Landlords Association published the results of a survey of private tenants finding that 87 per cent have paid their rent as normal throughout the pandemic. An additional eight per cent said that they had agreed a reduced rent, a rent-free period or made some other agreement with their landlord or letting agent. For more details, click here.

Newham Council to end relationship with Mears
On 11 August 2020 Newham Council announced that it will end its relationship with property management company Mears and will transfer back into council management a number of properties currently leased to Mears. The ending of the Mears leases will affect around 250 properties in Custom House and Canning Town, and the council says that it is working with Mears to ensure the transfer is as seamless as possible for affected residents.

Every current Mears tenant will now have a homeless assessment and, where the council can establish it has a duty to house, tenants will be offered temporary accommodation. Where it is possible, the council will work with tenants to keep them in their current homes. Where residents cannot stay in their present home, they will be offered alternative temporary accommodation. If any resident is not eligible for temporary accommodation, the council will offer them support to find a suitable private rented sector home. For the announcement, click here. For an article in The Guardian concerning the issue, click here.

HOUSING LAWS IN THE PIPELINE

Parliament has risen for the summer recess. The House of Commons will return on 1 September 2020 and the House of Lords will do so on 2 September 2020.

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.

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 will take place on 11 September 2020. The bill is being prepared for publication. 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.

HOUSING LAW CONSULTATIONS

Draft Code of Practice: RICS and TPO's Regulation of Property Agents
In December 2019 the RoPA Code Steering Group was set up for the purpose of developing an overarching code of conduct for Property Agents, following on from the recommendations made by Lord Best in the ‘Regulation of Property Agents Working Group, Final Report, July 2019’. The Steering Group have produced a new overarching draft code to the standards envisaged by the RoPA Working Group. Comment is invited on this draft overarching code. The consultation is open until 4 September 2020. For further information and to comment on the draft, click here.

Intermediate Homes for London
Intermediate housing is one of the main forms of affordable homes built in London. The Mayor of London is consulting on a broad range of proposals in relation to intermediate homes, including how to address concerns with the affordability of shared ownership homes, what more can be done to support delivery of these homes and how allocations for intermediate homes can be made more transparent and consistent. The consultation also provides an opportunity to think about whether more can be done to help key workers access and benefit from these homes in London. This is particularly important in the context of the current health crisis which has highlighted the key role many occupations play in supporting the capital’s resilience during times of crisis. The consultation closes on 11 October 2020. For more information about the consultation, click here. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Overview of the draft Building Safety Bill Rebecca Rees and Olivia Jenkins Trowers & Hamlins 17 August 2020 – to read the article, click here

Homeless people mustn't be abandoned to life on the streets again Matt Downie The Guardian 12 August 2020 – to read the article, click here

Housing the ‘Everyone In’ cohort Social and Sustainable Capital Homeless Link 13 August 2020 – to read the article, click here

Act fast to take advantage of the Green Homes Grant Nathan Bradberry and Maxim Laithwaite Local Government Lawyer 14 August 2020 – to read the article, click here

Possession claims after the stay is lifted Andy Lane Local Government Lawyer 14 August 2020 – to read the article, click here

Essential guide to the draft Building Safety Bill Rebecca Rees and Scott Dorling Trowers & Hamlins 17 August 2020 – to read the guide, 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

23 August 2020                                    
Civil Procedure (Amendment No. 3) Rules 2020 relating to housing claims come into force

23 August 2020                                    
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 come into force

24 August 2020                                    
Possession proceedings to resume

24 August 2020                                    
Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 come into force

24 August 2020                                    
Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020 comes into force

1 September 2020                                
House of Commons returns from summer recess

2 September 2020                                
House of Lords returns from summer recess

4 September 2020                                
Deadline for commenting on Draft Code of Practice: RICS and TPO's Regulation of Property Agents (see Housing Law Consultations)

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