29th April 2020
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HOUSING LAW NEWS & POLICY ISSUES
 

Right to rent policy lawful
On 21 April 2020 the Court of Appeal held in Secretary of State for the Home Department v The Joint Council for The Welfare of Immigrants [2020] EWCA Civ 542 that the Government’s ‘right to rent’ policy is lawful. Last year the High Court found that requiring landlords to check the immigration status of prospective tenants was unlawful and racially discriminatory because it caused landlords to discriminate against British citizens from minority ethnic backgrounds and against foreign nationals who had a legal right to rent. The Government appealed. The Court of Appeal has now held that while some landlords did discriminate against prospective tenants who had no British passport, the scheme was nevertheless “justified” as a “proportionate means of achieving its legitimate objective”. For the judgment, click here. For a report in The Guardian, click here. For a report in Local Government Lawyer, click here.

Challenge to PD 51Z
On 24 April 2020 Nearly Legal reported that on 30 April 2020 the Court of Appeal will hear a challenge, brought by a receiver, to Practice Direction 51Z. The case is called Arkin v Marshall. For more details, click here.

Domestic Abuse Bill: second reading
The Domestic Abuse Bill received its second reading on 28 April 2020.Measures in the Bill include:

  • introducing the first ever statutory government definition of domestic abuse, which will include economic abuse
  • establishing a Domestic Abuse Commissioner to champion victims and survivors
  • introducing new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders
  • prohibiting the cross-examination of victims by their abusers in the family courts
  • providing automatic eligibility for special measures to support more victims to give evidence in the criminal courts.

The House of Commons Library published an overview of the Domestic Abuse Bill in advance of its second reading. For that briefing paper, click here. For the bill, as introduced, click here. To follow progress of the bill, click here. For an opinion piece in The Observer concerning the bill, click here.

Domestic abuse victims: legal aid requirements
The Civil Legal Aid (Procedure) (Amendment) Regulations 2020, which will come into force on 15 May 2020, expand further the types of evidence of domestic violence which may support an application for civil legal aid. Regulation 8 of the Amendment Regulations amends Schedule 1 to the Civil Legal Aid (Procedure) Regulations 2012. Regulation 10 provides that such amendments do not apply to applications for civil legal services made before the coming into force of these Regulations.

The Regulations also remove the mandatory requirement to contact the Civil Legal Aid Telephone Gateway for those seeking legal aid in debt and some other types of cases, For the Amendment Regulations, click here. For the 2012 Regulations, click here.

Domestic abuse during the COVID-19 pandemic
On 21 April 2020 the Local Government Association published details of a range of resources which offer help, guidance and support to tackle domestic abuse. The document provides a brief overview of domestic abuse and how councils can provide help and support to domestic abuse victims during the COVID-19 pandemic, and tackle perpetrators’ abusive behaviour. For the document, click here.

Rough sleeping
On 23 April 2020 the HMCLG published an emailed letter to homelessness managers and rough sleeping coordinators from Dame Louise Casey, who is spearheading the government’s response on rough sleeping. The letter thanks those who have worked to support 5,400 rough sleepers off the streets in the past month and sets out how this has helped them stay safe during this pandemic. For the letter, click here.

Tackling anti-social behaviour
On 21 April 2020 the House of Commons Library published a research briefing explaining what anti-social behaviour is and how local public services in England and Wales tackle it. For the briefing, click here.

Private housing rental prices
On 22 April 2020 the Office for National Statistics published the Index of Private Housing Rental Prices, UK: March 2020. According to the Index:

  • Private rental prices paid by tenants in the UK rose by 1.4 per cent in the twelve months to March 2020, unchanged since February 2020.
  • Private rental prices grew by 1.4 per cent in England, 1.2 per cent in Wales and by 0.6 per cent in Scotland in the twelve months to March 2020.
  • London private rental prices rose by 1.2 per cent in the twelve months to March 2020.

For the Index, click here.

Gypsy and Traveller caravan count: January 2020 – Wales
On 22 April 2020 the Welsh Government published a count of the number of Gypsy and Traveller caravans on authorised, unauthorised and local authority sites on 23 January 2020. In Wales on that date:

  • There were 1,092 Gypsy and Traveller caravans reported.
  • There were 136 sites across Wales.
  • The number of caravans had increased by 6 per cent (59 caravans) on authorised sites since the year before.  
  • There were 63 caravans on unauthorised sites on land owned by Gypsies and Travellers, accounting for 6 per cent of all caravans.
  • A further 57 caravans (5 per cent of all caravans) were on unauthorised sites not owned by Gypsies and Travellers.
  • The number of Gypsy and Traveller caravans on unauthorised sites decreased by 12 per cent from January 2019.
  • There were 405 pitches on Gypsy and Traveller sites provided by local authorities.

For the full statistics, click here.

Solicitor struck off for unlawful subletting conviction
On 14 April 2020 Rahand Raza was struck off from the roll of solicitors by the Solicitors Disciplinary Tribunal. On 2 May 2018 Mr Raza pleaded guilty to dishonestly, and in breach of an express or implied term of tenancy, sub-letting part of a property between 15 October 2013 and 13 September 2016 without the landlord’s written consent and having ceased to occupy the dwelling-house as his principal home under section 1(2) and (6) of the Prevention of Social Housing Fraud Act 2013. Mr Raza was sentenced to 12 weeks’ imprisonment suspended for two years and ordered to pay compensation (an unlawful profit order) to Lewisham Homes, the landlord, in the sum of £3,496.00. The Tribunal considered that Mr Raza’s misconduct required that striking him off from the roll was the only appropriate sanction. It also ordered him to pay costs of £2,471.90. For the decision, click here.

Landlords call for council tax relief on empty homes
On 24 April 2020 the Residential Landlords Association called on the Government to tell local authorities that they should not charge council tax on rented homes left empty because of coronavirus. The Association says that a significant number of rented homes have been left empty because tenants have been unable to take up tenancies, or have chosen to move out to be closer to family during the lockdown. During this period landlords will become liable for the council tax on the property and, says the RLA, have no realistic prospect of finding new tenants. For the RLA article, 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 29 April 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 will commence on a day to be appointed. 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 was due to consider the bill on 26 March 2020. The Legislation, Justice and Constitution Committee was 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 10 July 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 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 and is due to receive its second reading on 5 February 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 10 July 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 27 November 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 27 November 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 16 October 2020. To follow progress of the bill, click here.

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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
 

A guessing game for housing policy Alex Gibson CIH Blog 23 April 2020 – to read the article, click here

Despite short-term relief, households could face debt problems as a result of the coronavirus (COVID-19) pandemic David Sturrock Institute for Fiscal Studies 24 April 2020 – to read the article, click here

Explaining appeal rights to homeless applicants Mark Prichard Blog 24 April 2020 – to read the article, click here

Not signed, not sealed, not delivered Giles Peaker Nearly Legal 26 April 2020 – to read the article, click here

Coronavirus Act 2020: updated Practice Direction 51Z Sian Evans and Karen Neald Local Government Lawyer 27 April 2020 – to read the article, click here

Possession claims and breaches of the PSED Nicholas Grundy QC and Donna McCarthy Local Government Lawyer 27 April 2020 – to read the article, click here

Credit and Coronavirus Devonshires Blog 27 April 2020 – to read the article, click here

How can housing associations chart a course out of this crisis? Will Jeffwitz NFH Blog 27 April 2020 – to read the article, click here

Civil financial penalties – how much is too much? Howard Lederman Local Government Lawyer 27 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
 

29 April 2020                            
Second reading in the House of Commons of the Fire Safety Bill (see Housing Laws in the Pipeline)

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

30 April 2020                            
Court of Appeal to hear challenge to Practice Direction 51Z (see Housing Law News and Policy Issues)

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

1 May 2020                              
Deadline for submitting written evidence to the inquiry on the impact of COVID-19 (Coronavirus) on homelessness and the private rented sector, held by the House of Commons Select Committee on Housing, Communities and Local Government

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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