29th July 2020
Quick Links
HOUSING LAW NEWS & POLICY ISSUES
 

National Domestic Abuse Service Helpline: record rise in demand
On 23 July 2020 Refuge, the UK's largest single provider of specialist domestic abuse services, reported that it had experienced record highs in demand for its National Domestic Abuse Service Helpline as Government lockdown restrictions have eased. The total number of calls and contacts to Refuge's Helpline has been more than 40,000 since the start of lockdown (this figure includes numbers of women accessing a new 'live chat' service). Refuge's telephone Helpline, which ordinarily logs around 270 calls and contacts from women, friends and family members needing support every day, saw an increase of 77 per cent during June. The first week in July saw a 54 per cent rise in women needing refuge space (emergency accommodation) when compared with the last week in June – the highest number of women needing emergency accommodation during the lockdown period. For more details, click here.

New social housing: Select Committee report
On 27 July 2020 the Commons Housing, Communities and Local Government Committee published a report finding that 90,000 new social homes will be needed every year to meet the country’s housing needs and ensure the overall target of 300,000 new homes is met. According to the committee, with current building levels in the low thousands, only a significant increase in funding support for local authorities and housing providers, supported by broader reforms to make land more affordable and using all the receipts from Right to Buy, can provide the necessary uplift. For the report, click here. For the press release relating to the report, click here. For the Local Government Association’s response to the report, click here.

Social housing: Social Market Foundation report

On 22 July 2020 the Social Market Foundation published a report – A New Life for the High Street – calling for a nationwide program of repurposing city and town centres that would see vacant retail space converted into residential property. The report argues that the coronavirus crisis will accelerate pre-existing trends including a shift away from shopping in urban centres. As more and more workers spend at least some of their working week working at home, footfall in town centres will decline and more retailers will collapse. Replacing commercial space with residential property “could, under cautious assumptions, create 800,000 additional homes under our calculations”. For the report, click here. For a press release outlining the report’s findings, click here.

Leasehold reform: Law Commission reports

On 21 July 2020 the Law Commission published three reports which recommend a transformation of  home ownership for leaseholders. The Commission says the proposed reforms – laid out in reports on enfranchisement, right to manage and commonhold – work in tandem with planned changes from the Government to create “fit-for-purpose” home ownership across England and Wales. The reforms are intended to lay the foundations for future home ownership to be freehold and tackle some key issues that existing leaseholders currently face. This would be done by:

  • Reinvigorating commonhold – which allows people to own a flat forever, with a freehold title and no landlord – as an option to replace leasehold for newly-built flats. Recommended reforms would also give leaseholders a route out of leasehold by making it easier to convert to commonhold.
  • Improving the current system for existing leaseholders by:
    • Improving the process by which leaseholders can buy the freehold or extend their lease (“enfranchisement”). The recommendations would create an improved enfranchisement regime that would be simpler and cheaper for leaseholders in flats and houses.
    • Making it easier and cheaper for leaseholders to take over the management of their building without buying the freehold, by exercising the right to manage (“RTM”). The RTM lets leaseholders take control of services, repairs, maintenance, improvements, and insurance.

For the enfranchisement report, click here. For the report on right to manage, click here. for the commonhold report, click here. For a press release relating to the proposed reforms generally, click here.

COVID-19 and renting: guidance for landlords, tenants and local authorities
On 23 July 2020 the MHCLG updated its non-statutory guidance for landlords, tenants and local authorities in the private and social rented sectors in the context of Coronavirus (COVID-19). The updated guidance reflects changes to wider government and public health advice. For the guidance documents, click here.

Face coverings in court and tribunal buildings in England
On 27 July 2020 HM Courts and Tribunals Service updated its guidance on keeping court and tribunal buildings safe, secure and clean. The updated guidance provides that from that date court and tribunal users must wear a face covering in court and tribunal buildings in England. Persons may be asked to temporarily remove their face covering for identification purposes. A judge or magistrate may also ask a witness presenting evidence in the courtroom to take off his or her face covering temporarily. For the guidance, click here.

Rent arrears: demand for Citizens Advice website services up 332 per cent

On 23 July 2020 Citizens Advice reported that views of website pages dealing with private sector rent arrears have increased by 332 per cent, and of those dealing with getting help with renting costs have increased by 62 per cent. On homelessness issues, those website pages concerned with ‘if you have nowhere to stay tonight’ are up by 139 per cent and those concerned with ‘checking if you can apply for homeless help’ are up by 32 per cent. The charity is calling for extra funding to be made available to support people to pay back arrears resulting from coronavirus. For more details, click here.

Opportunity to tender for HPCDS work

On 23 July 2020 the Legal Aid Agency opened tenders to deliver services in seven Housing Possession Court Duty Schemes (HPCDS). The tenders close on 10 August 2020. The LAA is inviting 2018 Standard Civil Contract holders currently delivering housing and debt services to tender for work in the following HPCDS: Birkenhead; Bodmin and Truro; Boston and Lincoln; Bury St Edmunds; Norwich, Kings Lynn and Great Yarmouth; Southampton; and Telford. For more details, click here.

Help to Buy (equity loan) scheme statistics to 31 March 2020 – England

On 23 July 2020 the MHCLG released statistics showing cumulative sales since the launch of the Help to Buy (equity loan) scheme on 1 April 2013 until 31 March 2020. Over the period:

  • 272,852 properties were bought with an equity loan.
  • The total value of these equity loans was £16.05 billion, with the value of the properties sold under the scheme totalling £73.28 billion.
  • Most of the home purchases in the Help to Buy: Equity Loan scheme were made by first-time buyers, accounting for 224,133 (82 per cent) of total purchases.
  • The mean purchase price of a property bought under the scheme was £268,553, with buyers using a mean equity loan of £58,820.
  • In London, the maximum equity loan was increased from 20 to 40 per cent in February 2016; and since then to 31 March 2020 there were 20,233 completions in London, of which 17,810 were made with an equity loan higher than 20 per cent.

For the full statistics, click here.

Help to Buy: ISA Scheme quarterly statistics: December 2015 to 31 March 2020 
On 23 July 2020 HM Treasury released official statistics on the Government’s Help to Buy: ISA scheme to 31 March 2020. Since the launch of the scheme:

  • 323,767 property completions have been supported by the scheme.
  • 426,565 bonuses have been paid through the scheme with an average bonus value of £1,000.
  • The highest number of property completions with the support of the scheme is in the North West and Yorkshire and The Humber, with the lowest number in the North East and Northern Ireland.
  • The mean value of a property purchased through the scheme is £173,878 compared to an average first-time buyer house price of £194,718 and a national average house price of £231,855.
  • The median age of a first-time buyer in the scheme is 28 compared to a national first-time buyer median age of 30.

For the full statistics, click here.

Forces Help to Buy Scheme quarterly statistics: 2020/21
On 23 July 2020 the Ministry of Defence released statistics on the number of applications and payments made under the Forces Help to Buy (FHTB) Scheme since its launch in April 2014. Since the Scheme began:

  • 48,074 First Stage FHTB applications have been received.
  • 25,050 of these applications have proceeded to the Second Stage.
  • Payment has been made to around 21,400 applicants, totalling around £323 million, an average of approximately £15,100 per claim.
  • At least 95 per cent of payments, as at 30 June 2020, have already resulted in a purchased property or extension.

For the full data. click here.

Coronavirus: A ban on evictions and help for rough sleepers

On 26 July 2020 the House of Commons Library published an updated research briefing explaining measures the Government put in place during the coronavirus outbreak to assist households to retain their homes and enable local authorities to tackle the specific challenges faced by rough sleepers. The paper covers subsequent measures taken in light of the courts starting to consider possession claims again from 23 August and to prevent rough sleepers from returning to the streets. The paper is being updated regularly to take account of new developments. For the briefing click here.

Notices to end a tenancy – Wales

On 23 July 2020 Julie James, Welsh Minister for Housing and Local Government, announced that she has made regulations under paragraph 13(1) of Schedule 29 to the Coronavirus Act 2020 Act. The Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020 temporarily increase from three months to six months the notice to end a tenancy that landlords must give assured tenants under section 8 of the Housing Act 1988 (but excluding notices specifying Grounds 7A and 14) and to assured shorthold tenants under section 21 of the 1988 Act. She said:

“The purpose of these temporary alterations is to ensure landlords give increased notice to tenants facing eviction from rented properties before landlords can issue proceedings for possession. The effect will to be to further delay evictions during the ongoing public health emergency; fewer people will face eviction into homelessness at a time when local authorities are less able to respond to these situations; those renting their homes will benefit from increased security and reduced anxiety; and individuals at risk of eviction will be provided with increased time to seek support to resolve any problems.”

For the full statement, click here. For the regulations, click here. For an explanatory memorandum in respect of the regulations, click here. For the response of the National Residential Landlords Association, click here.

HOUSING LAWS IN THE PIPELINE
 

Fire Safety Bill
This Government bill would make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises; and would confer power to amend that order in future for the purposes of changing the premises to which it applies. The bill received its first reading in the House of Commons on 19 March 2020 and its second reading on 29 April 2020. For the second reading debate, click here.  The Public Bill Committee completed its scrutiny of the bill and reported the bill without amendments to the House on 25 June 2020. The bill is now due to have its report stage and third reading on a date to be announced. For the bill, as introduced, click here. To follow progress of the bill, click here.

Domestic Premises (Energy Performance) Bill
This private member’s bill, sponsored by Lord Foster of Bath, would require the Secretary of State to ensure that domestic properties have a minimum energy performance rating of C on an Energy Performance Certificate; to make provision regarding performance and insulation of new heating systems in existing properties. The first reading was on 8 January 2020 and the second reading on 7 February 2020. The committee stage will commence on a date to be appointed. For the bill, as introduced, click here. To follow progress of the bill, click here.

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.

Make Sure you Keep Up to Date with Housing Law Week

Don’t miss out on your weekly updates!
Sign up here now to ensure you receive your own free copy of Housing Law Week straight to your desktop each week.

NEW HOUSING CASES
 

London Borough of Hackney v Persons Unknown in London [2020] EWHC 1900 (QB)
13 July 2020

London Borough of Hackney (the Council) sought to make an interim injunction made on 3 July 2020 into a final order to prevent various forms of anti-social behaviour from taking place in a park known as London Fields, in London E8. The interim injunction had been granted under the Council’s powers under section 222 of the Local Government Act 1972 to prevent behaviour in the park said to amount to a public nuisance which was anticipated given the recent relaxation of the Covid-19 related social distancing rules on 4 July 2020. In particular, the Council sought to put a stop to various behaviours which were disturbing the enjoyment of the park by other users and causing a nuisance to its neighbours.

The interim injunction hearing
On 3 July 2020, Mrs Justice Thornton had granted an interim injunction following an emergency without notice application by the Council (“the Thornton Order”). The Thornton Order acknowledged that London Fields had for several years been an area where people gathered in large numbers particularly in sunny weather. Nuisances included people urinating and defecating in the area, the use of open fires and barbecues, loud amplified music being played, damage to woodland and wildlife, drug and alcohol usage and littering, as well as aggressive and threatening behaviour by people when asked to refrain from these activities.

The Defendants to the emergency application were identified by reference to the sort of behaviour which the Council sought to prevent under general heads. Unsurprisingly, no Defendant – which could in principle include any member of the public who could access the park – attended the without notice telephone hearing on 3 July.

Mrs Justice Thornton identified a number of issues which would need to be resolved at the later hearing including: the method of service of the proceedings, the scope of the order such that it was clear which behaviour was prevented and who was prevented from doing it, and consideration of an alcohol ban given that the Council’s case was that much of the nuisance behaviour arose as a result of the consumption of alcohol. The Thornton Order, which was wide in reach but short in duration, made provision for alternative service, was operational against all members of the public entering London Fields, banned alcohol consumption until the return date of 9 July 2020, and attached a power of arrest to all of the behaviours prohibited by the Order. Mrs Justice Thornton declined to make the duration of the order 12 months as invited by the Council.

The return day hearing

At the return date of 9 July 2020, the Council sought an extension of the Thornton Order to a full order of 12 months’ duration. Mr Justice Linden identified four main issues: first, who were the Defendants and who should be subject to any order; second, what should be prohibited; third, should any or all prohibitions carry a power of arrest; and fourth, what ought to be the order’s duration?

Mr Justice Linden paid particular attention to definitive guidance set out in the decision of the Court of Appeal in Canada Goose UK Retail Ltd v Persons Unknown [2020] EWCA Civ 303 with respect to how courts should address claims brought against defendants who cannot be named by claimants when interim or final injunctive relief is sought. That case dealt with animal rights protesters who had gathered outside of the Canada Goose store in Regent Street, London. The Court of Appeal emphasised that a claim for injunctive relief could be wielded as something of a blunt tool when the behaviours sought to be prohibited included those that could be subject to public law or criminal proceedings. Service of the claim form remained important. If defendants were to be defined by reference to the behaviours sought to be prohibited, injunctive relief should only be granted where there is a ‘real and imminent risk of a tort being committed’. The terms of the injunction must be sufficiently clear as to enable persons potentially affected to know what they must not do.

Mr Justice Linden identified as a primary concern that the Thornton Order was made against a wider class of people than was sought in the originating claim. In other words, the Thornton Order was against any person who happened to be in London Fields whereas the claim was against those ‘gathering’ in London Fields and who engaged in the identified behaviours. Counsel for the Council readily accepted this and the order sought was thus limited in scope. The judge also identified a potential problem with the term ‘gathering’.

In respect to the prohibition on alcohol consumption, the judge expressed significant unease at the framing of the Council’s proposed order which sought to prevent consumption of ‘anything which a Police Officer or Authorised Person reasonably believes to be alcohol’. In part because of these concerns, but also because there had been in place a Drinking in Public Places Order (“DPPO”) in relation to London Fields since 2010, the judge declined to make the order in the terms sought and instead adjourned the hearing to the following day to permit the Council to reconsider its position.

The adjourned hearing and judgment

The judge permitted alternative service of the amended claim form to persons now defined by the behaviours sought to be prohibited. The judge declined to make an order prohibiting the consumption of alcohol in the terms sought by the Council in part because of the pre-existing 2010 DPPO. The judge did, with misgivings, permit a prohibition on “threatening or using violence, or engaging in abusive behaviour towards any member of the public or any employee, agent or contractor of the Council who question or challenge behaviour [which is prohibited by the first part of the Order]”. Additionally, the judge made some changes to the drafting of the proposed order to minimise the scope for uncertainty as to what and what was not allowed. The judge further attached a power of arrest to only a subset of the prohibitions contained in the interim injunction.

Voicing concern at the legal merits of the Council’s underlying claim, the judge declined to extend the interim injunction to a year’s duration. Instead, he ordered a trial of the claim in the near future giving directions to a trial anticipated in October 2020 and allowed for any affected person to make an application to discharge the order in the intervening period. The judge expressed significant disquiet about the Council’s use of a private law claim for injunctive relief, combined with a power of arrest, to add to relevant statutory powers which it and the police already have at their disposal.

Summary by Will Byrne, barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Yet more new CPR – and no eviction without notice coming soon Giles Peaker Nearly Legal 22 July 2020 – to read the article, click here

Wholesale reform for residential leaseholders William Bethune Trowers & Hamlins Blog 23 July 2020 – to read the article, click here

Rebalancing the housing system: time for a reboot?
Tonia Secker and Ian Doolittle Trowers & Hamlins Blog 24 July 2020 – to read the article, click here

It’s all change: the new Practice Direction 55C and MHCLG Guidance Update
Lee Russell Devonshires Blog 24 July 2020 – to read the article, click here

Rebalancing the housing system: New council homes – a simple way of removing some restrictions
Ian Doolittle Trowers & Hamlins Blog 24 July 2020 – to read the article, click here

Robert Jenrick has run down the clock and failed to protect renters
Ruth Ehrlich Shelter Blog 27 July 2020 – to read the article, click here

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

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

HOUSING LAW DIARY
 


29 July 2020                                         
House of Lords rises for summer recess

23 August 2020                                    
Civil Procedure (Amendment No. 3) Rules 2020 relating to housing claims come into force (see Housing Law News and Policy Issues)

23 August 2020                                    
Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 come into force (see Housing Law News and Policy Issues)

24 August 2020                                    
Possession proceedings to resume

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

Advertise your vacancy to Housing Law Week Readers

Send details of the vacancy and a link to the vacancy on your website to info@limelegal.co.uk
RECRUITMENT
 
Homelessness Prevention & Relief Officer
London Borough of Brent
Click here for details
 
 
Tenant Liaison Specialist
Folkestone & Hythe District Council
Click here for details
 
 
Housing Policy Specialist
Folkestone & Hythe District Council
Click here for details
 
 
Housing Advice and Assessment Officer
Harrow Council
Click here for details
 
 
Housing Solutions Officer x 2
Sheffield City Council
Click here for details
 
 
Acquisition Officer
Ealing Council
Click here for details
 
 
Housing Options Manager
Brighton and Hove City Council
Click here for details
 
 
Principal Homelessness Advisor (18 Months Fixed Term Contract)
St Albans City Council
Click here for details
 
 
Neighbourhood Management Team Leader (North)
Royal Borough of Kensington and Chelsea
Click here for details
 
 
Housing Law Caseworker – Shelter Cymru Live
Shelter Cymru
Click here for details
 
 
Housing Officer - Hemel Hempstead
Hightown Housing Association
Click here for details
 
 
Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B