HOUSING LAW NEWS & POLICY ISSUES

Coronavirus (COVID-19): getting tested
On 15 April 2020 the Department of Health and Social Care published (and updated on 17 April 2020) guidance on coronavirus testing for frontline workers who are self-isolating. The updated guidance provides that further specified categories of people, in addition to patients for clinical diagnosis, will be tested. Those categories include local authority staff, including those working with vulnerable children and adults, with victims of domestic abuse, and with the homeless and rough sleepers. There will also be tested “other frontline workers as determined by local or national need”. The list of workers in the guidance is not exhaustive and local and regional areas can refer other frontline workers in their area for testing as determined by need and available capacity. The guidance also explains the testing process. For the guidance, click here.

Homeless Link responds to testing guidance
On 18 April 2020 Homeless Link welcomed the recognition within the testing guidance (see above) that staff working with rough sleepers and people who are homeless should be prioritised for testing. However, the charity said that “as it currently stands, the guidance lacks clarity for the staff working in the hundreds of voluntary sector homelessness organisations across the country”. The charity added: “we must ensure that as testing capacity is increased, we get the assurance that staff in the voluntary sector will also benefit from this." For the press release, click here.

Amendment to Practice Direction 51Z: Stay of possession proceedings (Coronavirus)
On 20 April 2020 Practice Direction 51Z (PD) was amended in relation to possession proceedings during the coronavirus pandemic; PD51Z was first issued by way of the 117th Practice Direction Update on 27 March 2020. The Amending PD was effective from 18 April 2020. The amendments are intended to clarify that:

• The stay which PD 51Z imposes on possession proceedings does not apply to a claim against trespassers to which rule 55.6 applies.
• The stay which PD51Z imposes does not apply to applications for, and the making of, interim possession orders under Section III of CPR Pt 55, the making of such an order, hearings required by rule 55.25(4), and applications under rule 55.28(1).
• Parties to possession proceedings can make applications for case management directions where they are agreed by the parties. This will facilitate the proper administration of justice, as such agreed orders can be considered on the papers they will not involve party attendance at court. Moreover, they will enable possession proceedings to resume effectively once the 90-day stay has otherwise expired.
• The stay which PD51Z imposes does not preclude the issue of claims, but simply stays claims.
• Like the original PD, it is being issued to ensure that the administration of justice including the enforcement of orders, is carried out so as not to endanger public health and in recognition of limited court resources during the pandemic.
• The PD ceases to have effect on 30 October 2020.

For the Practice Direction, click here.

Further £1.6 billion pledged for councils
On 18 April 2020 the MHCLG announced that councils across England will receive £1.6 billion in additional funding as part of the response to the coronavirus pandemic. The funding is designed to assist councils to continue to provide essential services and support to those who need it most, including the drive to accommodate rough sleepers. For the announcement, click here.

Building safety work will continue during pandemic
On 16 April 2020 the Housing Secretary Robert Jenrick announced that the Mayors of Greater Manchester, Sheffield City Region, London, Liverpool City Region and the West Midlands had pledged their commitment to ensuring safety work to replace unsafe cladding on high-rise buildings can continue and that, where necessary, social distancing rules are being followed. This action is to reassure those living in high-rise buildings with unsafe cladding that work to make their homes safe will be prioritised. For the announcement, click here.

24housing closes
On 8 April 2020 24publishing announced that the 137th issue of 24housing distributed on 3 April 2020 would be the final magazine from the publisher which has covered the UK housing sector since 2008. Michelle Pacey, group media director at 24publishing, said:
“This has been an extremely difficult decision to make. Since I launched the magazine in 2008, the 24 portfolio and its team have proven to be a huge success in the housing sector. With fantastic support from across the UK, we have thoroughly enjoyed helping so many who have come to rely on us. Leading on so many initiatives, in a relatively short period of time, has been something that has made running this publication such an incredible experience.”

For the full press statement, click here.

Housing Ombudsman: guidance for landlords on complaint handling and coronavirus
On 8 April 2020 the Housing Ombudsman published guidance for landlords setting out best practice on engaging with the Ombudsman along with guidance on dealing with complaints raised by residents during the coronavirus outbreak. The guidance is based on the most common, specific queries and concerns that landlords have raised with the Ombudsman since the Covid-19 crisis began. The guidance will be updated as the situation progresses. For the guidance, click here.

Support for domestic abuse victims
On 11 April 2020 the Home Secretary announced the launch of a public awareness raising campaign which will highlight that if anyone is at risk of, or experiencing domestic abuse, help is still available. The campaign publicises support available including the freephone, 24 hour National Domestic Abuse Helpline number – 0808 2000 247 – run by Refuge, and www.nationaldahelpline.org.uk . For more details of the campaign, click here. For the speech in which the Home Secretary announced the campaign, click here.

Domestic abuse: call for Government to bring empty hotel rooms into use
On 17 April 2020 Dame Vera Baird QC, the Victims' Commissioner for England and Wales, and Nicole Jacobs, the Domestic Abuse Commissioner for England and Wales, wrote to the Government calling for urgent action to implement a scheme for suitable hotel rooms to be made available for victims of domestic abuse who need to escape in areas where refuges are full. The Commissioners say that the emergency measure is required following an increase in complains of abuse caused by the Covid-19 lockdown which is impacting on refuge capacity. It follows calls from Southall Black Sisters and Compassion in Politics who proposed the idea at the end of March, and who contacted hotels directly. For more details, click here.

Legal Aid Agency: Updated coronavirus (COVID-19) information
The Legal Aid Agency is continuing to make updates to its contingency response page on coronavirus (COVID-19). The content has been streamlined with signposting to pages in specific areas of provider work:

• remote working
• processing and payments
• contract management and assurance
• working with clients

The intention is to make it easier for practitioners to find the information they need so that they can continue providing legal aid services for their clients during the coronavirus outbreak. For the contingency response page, click here.

Impact of COVID-19 (Coronavirus) on homelessness and the private rented sector: Parliamentary inquiry
On 16 April 2020 the Housing, Communities and Local Government Select Committee launched an inquiry into the impact of Covid-19 (Coronavirus) on homelessness and the private rented sector. The Committee will consider both the immediate and long-term impact that the COVID-19 pandemic is having on the homeless, rough sleepers and those in the private rented sector. The Committee expects to hold an evidence session in early May onwards to hear directly from stakeholders and Government about what is being done and what further support is needed. For the page dedicated to this inquiry, click here.

Regulator of Social Housing Coronavirus Update
On 17 April 2020 the Regulator of Social Housing published its latest update in response to the coronavirus outbreak. Amongst other matters, the update states that the RSH has issued the first of its short monthly surveys via the online data collection portal NROSH+ to all private registered providers of social housing with more than 1,000 properties, all stock-holding local authorities, and to some smaller private registered providers with over 500 properties and/or a high proportion of care and support activity. The responses, alongside other information, will help the regulator to identify where there may be challenges that the sector or individual providers need support to meet and what potential assistance might be necessary. For the update, click here.

Rough sleeping – England
On 9 April 2020 the House of Commons Library published a briefing paper providing background information on the causes of rough sleeping and local authorities' duties. The paper covers the Government's approach to meeting its ambition of ending rough sleeping by the end of the current Parliament. For the briefing paper, click here. For a separate paper Coronavirus: Housing support, covering specific measures in place to assist rough sleepers during the pandemic, click here.

Rough sleepers – London
On 14 April 2020 the Mayor of London announced that more than 1,000 homeless Londoners are now self-isolating in hotels and other safe locations across the capital as a result of work by the Mayor’s rough sleeping team, boroughs and charity partners. The initiative, launched four weeks ago, involves City Hall working with Government and charity bodies to block-book rooms, allowing highly vulnerable rough sleepers to follow Government self-isolation guidelines. For details of the scheme, click here.

Homeless people in hostels
On 19 April 2020 The Observer reported: “at least six homeless people linked to hostels in London have died from coronavirus since March, triggering fears that outbreaks in crowded facilities with vulnerable people in poor health sharing bathrooms, dining rooms and even bedrooms could be catastrophic.” The newspaper states that whilst most rough-sleepers and people staying in large dormitories in emergency night shelters have been moved into hotels by councils, up to 35,000 people may still be in homeless hostels across the UK. It adds that initial results of a survey by the UCL Collaborative Centre for Inclusion Health reveal the coronavirus death rate of homeless people living in London’s hostels is 25 times higher than the general adult population. For the article, click here. For the website of the UCL Collaborative Centre for Inclusion Health, click here.

Updated guidance for tenants in the private rented sector: coronavirus (COVID-19) – Wales
On 17 April 2020 the Welsh Government published updated information about COVID-19 and what tenants in the private rented sector need to do. The guidance was originally published on 26 March 2020. For the updated guidance, click here.

Updated guidance for local authorities on enforcing standards in rented properties: coronavirus (COVID-19) – Wales
On 14 April 2020 the Welsh Government published updated information about how local authorities will inspect and take action on unsafe rented private properties. The guidance was originally published on 2 April 2020. For the updated guidance, click here.

Help to Buy – Wales repayment holiday form: coronavirus (COVID-19)
On 7 April 2020 the Welsh Government published a form that customers might use to take advantage of a temporary repayment holiday arrangement, of up to three months, for those who are making interest repayments, and who may suffer financial hardship as a result of the Coronavirus outbreak. For the form, click here.

Students sign up for rent strike
On 11 April 2020 The Boar, the University of Warwick’s student newspaper, reported that a group of students at the university have organised a rent strike to protest against landlords demanding to be paid for the coming months in wake of Term 3 being moved online. For an article in The Guardian about students’ rent strikes more generally, click here.

HOUSING LAWS IN THE PIPELINE

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

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.
Rented Homes Bill
This private member’s bill, sponsored by Baroness Grender, would amend the Housing Act 1988 to abolish assured shorthold tenancies; and to extend the grounds upon which landlords of residential housing may recover possession. First reading took place on 22 January 2020. The second reading will be on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

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

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

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

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

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

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

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

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

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

HOUSING LAW CONSULTATIONS

Review of the ban on the use of combustible materials in and on the external walls of buildings
This consultation seeks views on the ban of the use of combustible materials in and on external walls of buildings, including building types covered, height threshold, list of exemptions, attachments such as blinds, shutters and awnings, and a proposal to specifically ban the use of metal composite panels in and on the external walls of all buildings. In the Explanatory Memorandum published alongside the Building (Amendment) Regulations 2018 the Government committed to review the effectiveness of the ban after one year. This is a consultation on proposed changes to the Regulations following that review. As part of the review, in June 2019 the Government commissioned a study of the impact of the ban which took the form of an online survey issued to 100 relevant organisations. The full analysis of responses to this survey have been published alongside this consultation. For the consultation document, for which the closure date has been extended to 25 May 2020, click here. For the analysis of survey responses, click here. To respond to the consultation, click here.

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

It covers the following areas:

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

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

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

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

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

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

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

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

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

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

HOUSING LAW ARTICLES & PUBLICATIONS

How we are protecting people sleeping rough during COVID-19 Matt Harrison Homeless Link 8 April 2020 – to read the article, click here

Not a disciplinary stick – PSED and homeless reviews Giles Peaker Nearly Legal 12 April 2020 – to read the article, click here

Fire Safety in Residential Properties Devonshires Blog 14 April 2020 – to read the article, click here

Treading new territory: getting "everyone in" during the Covid-19 crisis Rick Henderson Homeless Link 14 April 2020 – to read the article, click here

COVID-19 and housing delivery Sasha White QC and Anjoli Foster Local Government Lawyer 15 April 2020 – to read the article, click here

Possession proceedings - and alternatives - to counter Anti-Social Behaviour during COVID-19 lockdown : Should you stay, or should they go? Peter Marcus Local Government Lawyer 15 April 2020 – to read the article, click here

How the government can avoid a rise in homelessness after COVID-19 Hannah Rich Shelter Blog 16 April 2020 – to read the article, click here

Carry on conscientiously – the Court of Appeal on the public sector equality duty and vulnerability Mark Prichard Blog 16 April 2020 – to read the article, click here

Housing associations – Accessing the Bank of England Covid-19 schemes Naomi Roper and Eleanor James Trowers & Hamlins Blog 17 April 2020 – to read the article, click here

Vulnerability and the PSED: No arid debates. No straitjackets. No disciplinary stick Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp Local Government Lawyer 17 April 2020 – to read the article, click here

Notice of applying for permission for a writ Giles Peaker Nearly Legal 18 April 2020 – to read the article, click here

Probability of violence and dates of actions Giles Peaker Nearly Legal 19 April 2020 – to read the article, click here

Notes in passing Giles Peaker Nearly Legal 19 April 2020 – to read the article, click here
Remote hearings – Practicalities and Tips Emma Salvatore Trowers & Hamlins Blog 20 April 2020 – to read the article, click here

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

HOUSING LAW DIARY

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

28 April 2020                            
The Renting Homes (Fees etc.) (Prescribed Limits of Default Payments) (Wales) Regulations 2020 come into force

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

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

25 May 2020                            
Extended deadline for responses to Review of the ban on the use of combustible materials in and on the external walls of buildings (see Housing Law Consultations)

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