HOUSING LAW NEWS & POLICY ISSUES

Consultation on Housing Legal Aid launched
On 25 November 2021 the Ministry of Justice launched a consultation setting out a new approach to the delivery of legal aid for housing possession proceedings. The proposed changes are intended to improve access to legal aid for anyone at risk of losing their home and to provide holistic advice to individuals most in need. The consultation will run until 20 January 2021 and follows stakeholder engagement on how to improve the current scheme. For more details, see Housing Law Consultations (below). For the announcement of the consultation, click here.

Housing litigation: practice and procedure
On 29 November 2021 the Courts and Tribunals Judiciary issued general guidance on electronic court bundles. It is intended to ensure a level of consistency in the provision of electronic bundles for court hearings (but not tribunal hearings) in a format that promotes the efficient preparation for, and management of, a hearing. For the guidance, click here.

Ombudsman issues guidance to help domestic abuse survivors
On 25 November 2021 the Local Government and Social Care Ombudsman called on councils to use its latest report to examine the services they provide to victims of domestic abuse. As councils take on more responsibility under the new Domestic Abuse Act, the Ombudsman is urging them to reflect on their own practices and procedures using the lessons contained within its report and identify whether they can improve the way they work. In the report, the Ombudsman uses the experiences of a number of victims whose cases it has investigated to offer guidance and insight to councils, and suggest ways in which those services could have responded better. Issues highlighted in the report include councils questioning victims' lived experiences and downplaying the impact of the trauma they have endured, failing to work with other local services to keep victims safe, and leaving people at risk for longer than necessary. For the report, click here and then click on the link at the top right side of the page opened.

Domestic abusers to be moved from the family home
On 27 November 2021 the Guardian reported on initiatives being pursued by several local authorities in England to provide housing for domestic abuse perpetrators, so enabling their victims to stay in the family home. Such plans are a response to calls from charities and campaigners. The article quotes a recent report from the Domestic Abuse Housing Alliance which said that "without the option to remove and rehouse a perpetrator, victims, including children, will continue to suffer by remaining trapped in abusive relationships or being forced to flee their home". For the Guardian report, click here.

Domestic abuse: ‘Rampant, hidden violence’ against Sikh women revealed by report
On 23 November 2021 Sikh Women's Aid published a new report highlighting the 'rampant, hidden violence against women and girls in the Sikh/Panjabi community'. Of the 674 women who responded to a survey in the summer of 2021, 70 per cent saw themselves as survivors of domestic abuse but only 34 per cent had told anyone about it. Child sexual exploitation or abuse has been experienced by 35 per cent of those asked, 87 per cent of it against females. The data suggest that victims are more likely to be abused by someone in their family setting or someone known to them (38 per cent) rather than by online exploitation (1.5 per cent). Sixty-five per cent of respondents say that their abuse has had a long-lasting impact on their physical or mental wellbeing. For the report, click here.

Housing Ombudsman: Resident left homeless following domestic violence
On 30 November 2021 the Housing Ombudsman reported that it had found cumulative failings by Anchor Hanover in responding to a resident’s request for a transfer after experiencing domestic violence. The resident, who was suffering from a serious medical condition, remained at the property where she experienced further domestic violence before being left homeless for five months. The episode resulted in a finding of severe maladministration by the Housing Ombudsman. For the report and a case summary, click here.

Councils and ALMOs
On 24 November 2021 the National Federation of ALMOs published a review by it and CWAG of the arms-length council housing management model which concluded that it is well-placed to meet the post-Grenfell demands that regulators will place on local authorities with housing stock. Based on a year-long examination of council-ALMO structures and relationships, it echoes the RSH’s urging that landlords should not wait for legislation and should examine their housing management systems, governance and tenant engagement now to make ready for the coming changes. For the review, click here.

Homes First and Help to Build
On 26 November 2021 the DLUHC announced that keyworkers in Derbyshire are among the first to move into discounted homes through the government’s First Homes scheme. 1,500 First Homes are to be built across the country and sold at a discount of 30 per cent of the market price. The DLUHC also announced the launch of the prospectus for a £150 million Help to Build scheme which is intended to make it easier and more affordable for people to build their own home. Both schemes are part of the government’s plan to help first-time buyers, young people and families on to the housing ladder. For more details, click here.

Housing market: Key economic indicators
On 29 November 2021 the House of Commons Library published a briefing comprising data on house prices, mortgage approvals and house-building. For the briefing, click here.

Domestic smoke and carbon monoxide alarms
On 23 November 2021 the DLUHC announced new rules that will require housing providers to install smoke alarms in all social housing, and fit carbon monoxide alarms in social and private rented properties with fixed appliances such as gas boilers or fires. The regulation changes will also require:

• Carbon monoxide alarms to be fitted when new appliances such as gas boilers or fires are installed in any home;
• Landlords and housing providers in social and private rented sectors to repair or replace smoke and carbon monoxide alarms once they are told they are faulty.

The changes will be brought forward through the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 and the statutory guidance (Approved Document J) supporting Part J of the Building Regulations, following a consultation. For the announcement, click here. For the government’s response to the consultation exercise, click here.

Housing supply: net additional dwellings – England: 2020 to 2021
On 25 November 2021 the DLUHC published statistics on net additional dwellings in England up to 2020-21. The key points are:

• Annual housing supply in England amounted to 216,490 net additional dwellings in 2020-21, down 11 per cent on 2019-20.
• The 216,490 net additions in 2020-21 resulted from 194,060 new build homes, 23,790 gains from change of use between non-domestic and residential, 3,870 from conversions between houses and flats and 530 other gains (caravans, house boats etc.), offset by 5,760 demolitions.
• 10,603 of the net additions from change of use were through 'permitted development rights' (full planning permission not required). These comprised 8,768 additional dwellings from former offices, 835 from agricultural buildings, 167 from storage buildings, 61 from light industrial buildings and 772 from other non-domestic buildings.
• 697 of the net additions from new build homes were through 'permitted development rights' (full planning permission not required).
• The loss of 25 dwellings from demolitions were through 'permitted development rights' (full planning permission not required).

For the full statistics, click here. For tables on housing supply organised by various criteria, including local authority district, click here. For tables on dwelling stock (including vacants), click here.

Rural housing statistics
On 25 November 2021 the Department for Environment, Food & Rural Affairs published statistics on net additions to housing in rural areas. The key points are:

• For 2019/20, in Predominantly Rural areas there were 63,700 net new dwellings, which is 12.2 per 1,000 households. While in Predominantly Urban areas there were 153,600 net new dwellings, which is 9.8 per 1,000 households.
• New-build dwelling completions accounted for 91 per cent of such net additions to the housing stock in Predominantly Rural areas in 2019/20, compared with 86 per cent in Predominantly Urban areas. A further 8 per cent of such net additions came from change of use of buildings in Predominantly Rural areas, compared with 12 per cent of such net additions in Predominantly Urban areas.
• New-build dwelling completions per households in Predominantly Rural areas are higher than in Predominantly Urban areas. In 2019/20 there were 11.2 new-build dwelling completions per 1,000 households in Predominantly Rural areas, compared with 8.4 in Predominantly Urban areas.
• In 2019/20, the net number of dwellings arising from change of use in Predominantly Rural areas was 1.0 per 1,000 households and in Predominantly Urban areas it was 1.2 per 1,000 households.

For the full statistics, click here.

Rural homelessness
On 25 November 2021 Homeless Link reported that a rural housing task force, chaired by the charity English Rural, has commissioned a 12-month research collaboration between academics at Kent and Southampton Universities to address the lack of evidence concerning homelessness in rural communities. Homeless Link sits on the steering group for the task force which includes leading national, rural charities and housing providers. Working collaboratively, the group have pooled resources to develop and fund the research, designed to secure evidence showing the extent of the rural housing crisis and what interventions will help tackle the problem. For more information, click here.   

Vagrancy Act
On 24 November 2021 the Government refused to support a cross-party effort in the House of Lords to introduce amendments to the Police, Crime, Sentencing and Courts Bill that would have had the effect of repealing the Vagrancy Act. For comment by Crisis, click here. For the Hansard record of the debate, click here.

Supported exempt accommodation – England
On 28 November 2021 the House of Commons Library published an overview of the regulation of supported exempt accommodation and calls for increased oversight, improved funding, and better standards of support provision. The sector houses more marginalised groups with support needs, such as recent prison leavers; care leavers; those fleeing domestic violence; and homeless people with substance dependence or mental health issues. For the overview, click here.

Households in temporary accommodation – England
On 23 November 2021 the House of Commons Library published a paper providing data on homeless households in temporary accommodation in England and outlining initiatives and issues associated with the use of temporary accommodation. For the paper, click here.

Welsh Government’s response to pandemic homelessness
On 24 November 2021 Crisis reported that the Welsh Government homelessness response to the pandemic has been widely praised by local authorities. New research, contained in Homelessness Monitor Wales 2021, shows that 21 of Wales’ 22 councils say the ongoing provision of self-contained emergency accommodation has been important in preventing or minimising homelessness. For more details, click here.

People with No Recourse to Public Funds
On 30 November 2021 Citizens Advice reported the results of a study which has revealed that:

• 81 per cent of people with No Recourse to Public Funds attached to their visa are behind on at least one essential bill, with rent, utilities and council tax the most common bills missed.
• Almost half (48 per cent) report living in overcrowded accommodation and one in five (18 per cent) have experienced homelessness or housing insecurity.
• 84 per cent are currently working or studying in the UK, but are shut out from much of the benefits system when they need it.
• Almost a quarter of a million key workers have No Recourse to Public Funds.

For more details, click here. For an article about the experiences of homelessness support for people with No Recourse to Public Funds, click here.

Homelessness – London
On 26 November 2021 the Mayor of London, Sadiq Khan, activated the pan-London Severe Weather Emergency Protocols (SWEP) for the first time this winter to protect homeless people as temperatures were forecast to fall below 0°C the following weekend. The activation of SWEP compels councils across London (alongside homelessness charities) to open emergency accommodation for people who are sleeping rough during weather conditions that could pose a threat to life. For more details, click here.

Private renting: demand at ‘all-time high’
On 26 November 2021 the National Residential Landlords Association reported that, according to new research by the Association, demand for private rental housing is at an all-time high. A survey of private landlords across England and Wales, conducted in partnership with the research consultancy BVA/BDRC, found that 57 per cent confirmed that demand for homes to rent had increased in the third quarter of 2021 – up from 39 per cent in the second quarter of the year. For the report, click here.

Regulator of Social Housing: quarterly survey results published for June to September 2021
On 25 November 2021 the Regulator of Social Housing published the results of its latest quarterly survey of registered providers’ financial health showing that the social housing sector continues to recover from the pandemic. The sector’s total agreed borrowing facilities increased by £1.8 billion, to reach £115.3 billion at the end of September. New finance of £2.9 billion was agreed in the quarter with 71 per cent of this from capital markets. There was further refinancing activity in the quarter due to the expiry of the Covid Corporate Financing Facilities. For more details, click here.

Shelter: More than 1,000 people a day call emergency helpline
On 30 November 2021 Shelter reported that since the Covid restrictions began to lift in June 2021, more than 1,000 callers a day have contacted Shelter’s emergency helpline in England. The charity’s free helpline, which is part funded by M&S Food, has been inundated with more than 60,000 people ringing in need of urgent support and advice between June and October 2021. Of those calling 70 per cent were already homeless or at risk of homelessness. One in four callers (24 per cent) needed urgent help to find temporary accommodation and more than one in four (26 per cent) needed help to try and keep hold of their current home. For the report, click here.

Mortgage Prisoner Review
On 29 November 2021 HM Treasury published the Financial Conduct Authority's review of data on mortgage prisoners. There are 47,000 mortgage prisoners who are unable to switch to a new mortgage deal, despite being up to date with payments, and who could benefit from switching if they met lender ‘risk appetite’. The reasons that mortgage prisoners are unable to switch are complex. The Financial Conduct Authority’s review provides key insight into this and the Government will now use the findings of the review to determine whether there are any further practical and proportionate solutions that can be found for affected borrowers. For the Review, click here.

HOUSING LAWS IN THE PIPELINE

Caravan Site Licensing (Exemptions of Motor Homes) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would exempt motor homes from caravan site licensing requirements. It was presented to Parliament on 21 June 2021 and is due to receive its postponed second reading on 3 December 2021.The Bill awaits publication. 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. It was presented to Parliament on 21 June 2021 and its second reading has been further postponed to 3 December 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Leasehold Reform (Ground Rent) Bill
This Government Bill would make provision about the rent payable under long leases of dwellings. The Bill completed its House of Lords stages on 14 September 2021 and was presented to the House of Commons on 15 September 2021. The Bill is received its second reading debate on 29 November 2021. For the second reading debate, click here. For the Bill as brought from the House of Lords, click here. For a House of Commons Library briefing concerning the Bill, published on 25 November 2021, click here. To follow progress of the Bill, click here.

Building Safety Bill
This Government Bill would make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman. The Bill was given its first reading on 5 July 2021 and its second reading on 21 July 2021. The Public Bill Committee completed its scrutiny on 26 October 2021. The Bill is now due to have its report stage and third reading on a date to be announced. For the Bill as amended in Committee, click here. For the Government response to the Housing, Communities and Local Government Committee's pre-legislative scrutiny of the Bill, click here. For a House of Commons Library briefing about the Bill, published on 16 July 2021, click here. To follow progress of the Bill, click here.

Fire and Building Safety (Public Inquiry) Bill
This Bill, sponsored by Daisy Cooper, would establish an independent public inquiry into the Government’s response to concerns about fire and building safety. It was introduced to Parliament on Tuesday 6 July 2021 under the Ten Minute Rule. Second reading has been rescheduled to 18 March 2022. For the Bill, as introduced, click here. 

Evictions (Universal Credit) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Housing Standards (Refugees and Asylum Seekers) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for national minimum standards in accommodation offered to refugees and asylum seekers. It was presented to Parliament on 21 June 2021 and will receive its second reading on 21 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Under-Occupancy Penalty (Report) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would require the Secretary of State to report to Parliament on the merits of repealing those provisions of the Welfare Reform Act 2012 which provide for persons to be paid reduced rates of housing benefit or Universal Credit because their accommodation is deemed to be under-occupied. It was presented to Parliament on 21 June 2021 and will receive its second reading on 14 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal; and establish asylum seeker accommodation eviction procedures for public authorities. It was presented to Parliament on 21 June 2021 and will receive its second reading on 3 December 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Sites Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the requirements for caravan site licence applications made under the Caravan Sites and Control of Development Act 1960. It was presented to Parliament on 21 June 2021 and its second reading has been further postponed to 3 December 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the Mobile Homes Act 1983. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022. The Bill awaits publication. To follow progress of the Bill, click here.

HOUSING LAW CASES

Hajjaj v City of Westminster; Akhter v London Borough of Waltham Forest  [2021] EWCA Civ 1688

This matter concerned two appeals by Mr Hajjaj and Ms Akhter. The Claimants had applied to their local authority to obtain housing assistance. The local authorities in each case had accepted that the Claimants were homeless and eligible for assistance, therefore the Claimants were entitled to the housing duty pursuant to section 193 of the Housing Act 1996.  

The local authorities offered the Claimants private accommodation outside their respective districts. Those offers were refused. As the Claimants refused the offers of accommodation which wre deemed suitable, the local authorities considered that the duty pursuant to section 193(2) of the Housing Act 1996 had concluded.

The court had to determine the circumstances in which accommodation should be regarded as not “suitable” to be a valid private rented sector offer within s.193(7F) of the Housing Act 1996.

Mr Hajjaj argued that there was no evidence that the criteria set out in Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2021 had been deemed not applicable, prior to offering him the accommodation.

Ms Akhter argued that the property was not suitable for her due to a range of existing defects, which would be detrimental to her mental health and her daughter’s asthma. Ms Akhter further argued that the Defendant had failed to publish a policy for the procurement of private sector property in which to place homeless applicants.

Relevant Law
The Housing Act 1996, s. 208 states:

‘so far as reasonably practicable a local housing authority shall in discharging their housing functions under this Part secure that accommodation is available for the occupation of the applicant in their district.’

Article 3 Homelessness (Suitability of Accommodation) (England) Order 2012 contains a list of 10 factors which, if one or more are present, would render accommodation unsuitable.

Judgment
In Mr Hajjaj’s case, the local authority assumed that since the accommodation was owned by landlords whom they regarded as reputable, the property would be suitable for him. The local authority did not have further information regarding the physical condition of the property and there was no evidence that the property had been inspected prior to providing the offer.

In contrast, in Ms Akhter’s case, the local authority had inspected the property and found that save for some minor snagging issues, it was fit for habitation the following week. Accordingly, the decision to offer the property was not a decision based upon assumptions.

Bean LJ found that on the facts the difference between the two appeals was very striking, the local authority in Mr Hajjaj’s case did not have available to it information of the kind that the local authority had in Ms Akher’s case, such as fire safety precautions or an energy protection certificate. A local authority must be satisfied that none of the 10 bars to Article 3 suitability applies. This must be based on evidence and it must not be based upon assumptions, however satisfactory hearsay evidence may be adequate for this task.

Bean LJ found that if local housing authorities do not have requisite evidence and do not have the property inspected as the statutory Code of Guidance advises they should, there is a serious risk that the mischief identified in the Explanatory Memorandum to the 2012 Order will not be cured. Bean LJ did not accept that his judgment represented a judicialisation of housing allocation policy. The reliance on assumptions in Mr Hajjaj’s case was such a departure from what the Act and the 2012 Order require, that the decision was quashed and the appeal was successful.

In Ms Akhter’s appeal, due to the distinguishing circumstances between her appeal and Mr Hajjaj’s case outlined above, her appeal was dismissed. 

Summary by Abigail Cheetham ,barrister, Trinity Chambers. For the judgment, click here.

HOUSING LAW CONSULTATIONS

Housing Legal Aid: the way forward
The Ministry of Justice is consulting on a proposed new model for the delivery of housing possession legal aid. This aims to ensure the sustainability of the service and to improve the breadth and quality of advice available for individuals facing the loss of their home. The key proposals in this consultation are:

• remodelling the delivery of the Housing Possession Court Duty Scheme (HPCDS) to become a new Housing Loss Prevention Advice Service (HLPAS), incorporating both the existing service of advice and representation at court but also early legal advice before court;
• expanding the scope of legal aid so that HLPAS providers can offer early legal advice on social welfare law matters to individuals facing procession proceedings;
• contracts for individual courts rather than larger geographical areas;
• allowing providers to claim for the court duty fee in addition to a Legal Help fee for follow on work; and
• introducing a set attendance fee for all schemes, replacing the existing nil session payment.

The consultation closes on 20 January 2022. For the consultation document, click here.

HOUSING LAW ARTICLES & PUBLICATIONS

Experiences of homelessness support for people with No Recourse to Public Funds Homeless Link 23 November 2021 – to read the article, click here

International Day for the Elimination of VAWG: Links between domestic abuse and housing Steph Kleynhans Shelter Blog 25 November 2021 – to read the article, click here

Delivering for Women: Learning from the Ending Women’s Homelessness FundTessa Horvath and Lisa Young Homeless Link 25 November 2021 – to read the article, click here

16 days of activism against gender-based abuse Alexandra Gibson CIH Blog 25 November 2021 – to read the article, click here

Climate change and housing – ensuring we tackle climate equitably Alastair Harper Shelter Blog 29 November 2021 – to read the article, click here

Housing: recent developments (November 21) Jan Luba QC and Sam Madge-Wyld Legal Action – to read the article (subscription required), click here

HOUSING LAW DIARY

3rd December 2021                                   
Postponed second reading in the House of Commons of the Caravan Site Licensing (Exemptions of Motor Homes) Bill (see Housing Laws in the Pipeline)

3rd December 2021                                   
Postponed second reading in the House of Commons of the Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

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