|
HOUSING
LAW NEWS & POLICY ISSUES
|
|
Kerslake Commission: interim
report published
On 27 July 2021 the Kerslake
Commission on Homelessness and Rough
Sleeping published an interim report – When
We Work Together – learning the
lessons. Based on the evidence
received and expertise, it states that
the Government must learn from the
success of the Covid-19 response and
continue the increased investment in
homelessness services to avoid a
post-pandemic surge in rough sleeping.
The Commission has concluded that the
Government needs to maintain the
additional funding that it made
available during the pandemic – equating
to £82m a year on top of its previous
spending commitment – if it is to have
any chance of achieving its pre-election
promise to end rough sleeping by the end
of this parliament. In total, the report
makes 22 recommendations around
increased funding for homeless services,
changes to the welfare system,
partnership working across agencies
involved in supporting those rough
sleeping or at risk of homelessness, the
increased involvement of health services
in solutions for people experiencing
homelessness and a tailored approach for
women, young people and those with no
recourse to public funds. To read the
report, click
here.
Legal aid needs urgent reform to
secure fairness of the justice system:
Commons Justice Committee
On 27 July 2021 the House of
Commons Justice Committee published a
report which found that legal aid is in
urgent need of reform to protect the
fairness of the justice system and to
ensure that the most vulnerable can have
access to justice. The report warns that
a rigid system of fixed fees and low pay
is leaving firms specialising in legal
aid struggling. The sustainability of
legal aid providers is critical to
ensure that those eligible for legal aid
are able to be supported through what,
it finds, can be a complex and daunting
system. The Committee calls for the
civil legal aid system to be overhauled.
Providers of civil legal aid are also
facing sustainability issues, resulting
in 'legal aid deserts' in respect of
certain specialist advice such as
housing. The Committee recommends that
the Government takes a more flexible
approach to legal aid funding, so that
the providers can be given the support
to help the most vulnerable. The
Government should also consider changing
the eligibility thresholds and regularly
increase them in line with inflation.
For the report, click
here. For a summary, click
here. For the
conclusions and recommendations, click
here.
Housing complaints to the Local
Government and Social Care Ombudsman
On 28 July 2021 the Local
Government and Social Care Ombudsman
published his annual report which
reveals that of 330 details
investigations of housing complaints, 71
per cent were upheld. The report refers
to Home Truths, a report
published in July 2020 by the Ombudsman
which shares the learning from the first
50 detailed investigations about the
Homelessness Reduction Act, giving
practical advice to councils from early
findings. The Ombudsman has found delays
in the process and difficulties in how
Personalised Housing Plans are
administered. The Ombudsman has called
on all councils with homelessness
responsibilities to read the report and
review their practices in light of its
good practice advice. For the annual
report, click
here and
follow the link at the top right of the
page opened. For Home Truths,
click
here and follow the
link at the top right of the page
opened.
Domestic Abuse Act 2021: six
more factsheets published
On 28 July 2021 the Home Office made six
new additions to the series of
factsheets providing more information
about each of the provisions in the
Domestic Abuse Act 2021. The new
factsheets cover: tackling perpetrators;
amendment to the controlling or coercive
behaviour offence; section 91(14)
barring orders; prohibition on charging
for the provision of medical evidence of
domestic abuse; strangulation and
suffocation; and threats to disclose
private sexual photographs and films.
For all the factsheets, click
here.
Domestic Abuse Act statutory
guidance
On 3 August 2021 the Home
Office issued a consultation seeking
views on draft domestic abuse statutory
guidance which will support the
implementation of the definition of
domestic abuse at sections 1 to 3 of the
Domestic Abuse Act 2021. The key
objectives of the guidance are to:
- provide clear information on what
domestic abuse is in order to assist
with its identification
- provide guidance and support to
frontline professionals, who have
responsibilities for safeguarding and
supporting victims of domestic abuse,
for example through outlining relevant
strategic and operational frameworks
- improve the institutional response
to domestic abuse by conveying best
practice and standards for
commissioning responses.
The consultation seeks the views of,
amongst other professionals, local
housing and homelessness teams, and
registered social landlords. For details
of the consultation, which closes on 14
September 2021, click
here.
European Convention on Human
Rights protocol no. 15 comes into
force
On 1 August 2021 Protocol no. 15 to the
European Convention on Human Rights came
into force, following its ratification
by all 47 State Parties. Amongst other
changes, the protocol:
- includes a reference to the
principle of subsidiarity (according
to which the primary responsibility
for protecting human rights under the
European Convention on Human Rights
falls to each individual State Party)
and the doctrine of the margin of
appreciation (the “space for
manoeuvre” that State Parties are
given in fulfilling their obligations
under the Convention) to the Preamble
to the Convention
- shortens from six to four months the
time limit within which an application
must be made to the ECtHR (this is
from the date on which the final
decision was taken at the national
level, when all domestic remedies have
been exhausted)
- removes the rule preventing
rejection of an application that has
not been duly considered by a domestic
tribunal where the applicant has not
suffered a “significant disadvantage”.
For more details, click
here.
Housing First Pilots:
national evaluation reports
On 28 July 2021 the MHCLG published a
second interim process evaluation
report for the Housing First Pilots. In
the report the Pilots describe their
expectations and key challenges to the
end of their funding periods. These
include:
- Housing supply:
the key concern across the Pilot
areas. Efforts are ongoing to engage
more with the private rented sector.
There is some evidence that service
users waiting long periods to be
housed may disengage from their
Pilots.
- Caseloads and staffing:
while the fidelity assessment findings
suggested the Pilots are broadly
maintaining the 1:7 staff to service
user ratio required to maintain
fidelity, some providers reported that
this was difficult to maintain within
existing resources.
- Systems challenges:
the challenges of operating within a
‘broken system’ were expected to
continue, although some progress had
been made to promote multiagency
working. As before, access to mental
health provision was a widely reported
challenge.
For the report, click
here. For an article by
Alex Smith of Homeless Link concerning
the lessons learned from the evaluation
report, click
here.
Temporary accommodation
On 31 July 2021 the Local Government
Association called for further reform of
the Right to Buy scheme so that councils
can retain 100 per cent of receipts,
have flexibility to combine Right to Buy
receipts with other Government grants
and be able to set the size of discounts
locally. The LGA, using latest
Government figures, calculated that the
number of children spending the summer
holidays in temporary accommodation
would fill more than 4,500 classrooms,
underlining the need to build more
social housing. For the LGA press
notice, click
here.
The end of ‘no fault’ section 21
evictions
On 30 July the House of Commons Library
published a briefing paper explaining
the use of section 21 and reactions to
its proposed abolition. For the paper, click
here.
Forces Help to Buy Scheme
quarterly statistics: 2021/22
On 29 July 2021 the Ministry of Defence
published statistics on the number of
applications and payments made under the
Forces Help to Buy Scheme (FHTB) since
its launch in April 2014. Since the
Scheme began:
- 58,841 First Stage FHTB applications
have been received.
- 29,276 of these applications have
proceeded to the Second Stage.
- Payment have been made to around
25,100 applicants, totalling around
£380 million, an average of
approximately £15,200 per claim.
- At least 95 per cent of payments, as
at 30 June 2021, have already resulted
in a purchased property or extension.
For the full report, click
here.
Unlicensed landlord receives
£21,000 fine – Brent
On 29 July 2021 Brent Council reported
that a private landlord operating an
unlicensed and overcrowded property in
Kensal Green was recently fined more
than £21,000 by Willesden Magistrates'
Court. The property was the subject of
numerous complaints from neighbours
concerning anti-social behaviour at the
unlicensed HMO in Holland Road, NW10.
Despite being given ample opportunity,
the landlord failed to obtain a licence,
and Private Housing Services pursued
enforcement action against him. Having
pleaded guilty to five separate
offences, he was fined a total of
£21,115.50, including a prosecutions
cost of £3,925.00 and a victim surcharge
of £190. For the report, click
here.
Rough sleeping – London
On 30 July 2021 Crisis reported
new figures from the Combined
Homelessness and Information Network
(CHAIN) revealing that from April to
June 2021, 2589 people slept rough
across London. This was down 14 per cent
on the previous quarter, while 395
people were seen living on the streets
for three weeks or more. For comment by
Crisis, click
here.
Homelessness accommodation
provision and rough sleeping – Wales:
May 2021
On 29 July 2021 the Welsh
Government published information on
persons placed into temporary
accommodation and rough sleepers. It
shows:
- Throughout Wales, 1,094 people
presenting as homeless were placed
into temporary accommodation during
May 2021, 44 fewer than in April 2021.
Of these, 223 were dependent children
aged under 16, an increase of 46 from
April 2021.
- At 31 May 2021, 6,383 individuals
were in temporary accommodation, an
increase of 105 from 30 April 2021.
1,394 of these were dependent children
aged under 16, an increase of 58 from
30 April 2021.
- 483 homeless individuals were moved
into suitable long-term accommodation
in May 2021, 52 more than in April
2021. Of the individuals moved into
suitable long-term accommodation, 144
were dependent children aged under 16,
an increase of 31 from April 2021.
- At 31 May 2021, there were an
estimated 76 individuals sleeping
rough throughout Wales. This is an
increase of 6 from the 70 individuals
sleeping rough at 30 April 2021.
- As at 31 May 2021, Caerphilly (14),
Cardiff (11), Newport (8) and
Denbighshire (7) were the local
authorities reporting the highest
numbers of individuals sleeping rough.
All other local authorities reported
5, or fewer, individuals sleeping
rough, with five local authorities
reporting zero.
For the full details, go to
wales.gov and click on the
‘Housing’ section.
Grenfell Tower Inquiry update
On 29 July 2021 the Grenfell Tower
Inquiry published an update on its work.
The update provides a digest of: news
on Inquiry hearings; an updated
provisional timetable for Phase 2;
disclosure figures; Core Participant
figures; support arrangements during
limited attendance hearings; and contact
information’. For the update, click
here.
Homelessness and supported
housing: job description templates
On 26 July 2021 Homeless Link published
a suite of job description templates “of
many of the most popular roles in the
homelessness and supported housing
sectors … developed through consultation
with Homeless Link members”. For the
templates, which are free to download
and use, click
here. For a guide by
Homeless Link to help organisations
decide which roles are subject to a DBS
check and which level of check is
relevant to these roles, click
here.
Gas safety and repairs: Housing
Ombudsman
On 27 July 2021 the Housing Ombudsman
published a further batch of decisions
which feature issues ranging from gas
safety and repairs to anti-social
behaviour. For the decisions, click
here.
Public Services Ombudsman Wales
On 2 August 2021 the Public Services
Ombudsman Wales launched his newest
tool: ‘Our Findings’. Members of the
public will now be able to browse or
search recent investigations outcomes
and reports. To use the tool, click
here.
Dispute resolution in England
and Wales
On 3 August 2021 the Ministry of Justice
issued a call for evidence in respect of
dispute resolution from all interested
parties, the judiciary, legal
profession, mediators and other dispute
resolvers, academics, the advice sector,
court users. The MoJ is particularly
interested in collecting evidence from
individuals or organisations with data
to share on the relevant questions; or
those who have had experience of dispute
resolution within and outside of the
courts system to support the development
of more effective dispute resolution
mechanisms. For the consultation
document, which closes on 30 September
2021, click
here.
|
|
HOUSING
LAWS IN THE PIPELINE
|
|
The House of Commons and
the House of Lords each rose for its
summer recess on 22 July and will
return on 6 September.
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 Bill has now been sent to
a Public Bill Committee which will
scrutinise the Bill line by line and is
expected to report to the House by 26
October 2021. For the Bill as
introduced, 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.
Leasehold Reform (Ground
Rent) Bill
This Government Bill would make
provision about the rent payable under
long leases of dwellings. First reading
in the House of Lords took place on 12
May 2021. Second reading took place on
24 May 2021. The Bill completed its
committee stage on 14 June 2021 and
report stage on 20 July 2021. The third
reading will take place on a date to be
scheduled. For the Bill as amended at
the report stage, click
here. To follow
progress of the Bill, 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 will receive its second
reading on 29 October 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.
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 will
receive its second reading on 29
October 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 will
receive its second reading on 22
October 2021.The Bill awaits
publication. 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.
|
|
|
|
|
HOUSING
LAW CONSULTATIONS
|
|
Warm Home Discount: better
targeted support from 2022
The Warm Home Discount scheme obliges
participating energy suppliers to
provide rebates to their customers, to
reduce energy bills for low-income and
vulnerable households and tackle fuel
poverty.
This consultation proposes to expand and
reform the scheme in England and Wales
until 2026, in line with the commitments
announced in the Energy White Paper in
2020. The objective of the reforms is to
improve the fuel poverty targeting rate
of the scheme and ensure more fuel poor
households can receive rebates on their
energy bills automatically, through the
use of data matching. The Department for
Business, Energy & Industrial
Strategy would particularly welcome
responses from energy suppliers and
charities and other organisations
focusing on fuel poverty and vulnerable
people.
For the consultation, which closes on 22
August 2021, click
here.
The Building Safety Levy
This consultation seeks views on the
design of a proposed levy on developers
who seek regulatory permission to build
certain high rise residential buildings.
The consultation also seeks evidence of
possible impacts on housing supply and
regeneration, and the housebuilding
industry.
The powers to create and set the terms
of the levy are set out in the Building
Safety Bill. Subject to the passage of
the Bill through Parliament, this levy
will apply to developments in England
seeking building control approval from
the Building Safety Regulator to start
construction of certain buildings: the
“Gateway 2” stage of the new building
safety regime.
For documents relating to the
consultation, which closes on 15
October 2021, click
here.
Domestic Abuse Act statutory
guidance
On 3 August 2021 the Home Office issued
a consultation seeking views on draft
domestic abuse statutory guidance which
will support the implementation of the
definition of domestic abuse at sections
1 to 3 of the Domestic Abuse Act 2021.
The key objectives of the guidance are
to:
- provide clear information on what
domestic abuse is in order to assist
with its identification
- provide guidance and support to
frontline professionals, who have
responsibilities for safeguarding and
supporting victims of domestic abuse,
for example through outlining relevant
strategic and operational frameworks
- improve the institutional response
to domestic abuse by conveying best
practice and standards for
commissioning responses.
The consultation seeks the views of,
amongst other professionals, local housing
and homelessness teams, and registered
social landlords. For details of the
consultation, which closes on 14
September 2021, click
here.
|
|
HOUSING
LAW ARTICLES & PUBLICATIONS
|
|
Let’s End Overcrowding,
Let’s Build Social Housing Andrew
Soar Shelter Blog 27 July 2021
– to read the article, click
here
Not so full and frank
disclosure SS Nearly
Legal 28 July 2021 – to read the
article, click
here
Judicial Review and Courts
Bill – limited proposals which lead
to unexpected consequences? Rebecca
Lawrence and Lucy James Trowers
& Hamlins 29 July 2021 – to
read the article, click
here
Pick the first landlord up Giles
Peaker Nearly Legal 29 July
2021 – to read the article, click
here
“You can’t do Housing First
to people.” How the second
evaluation of the Housing First
regional pilots shows the importance
of choice and co-production Alex
Smith Homeless Link 29 July
2021 – to read the article, click
here
Podcast: Affordable housing
secured funding – Trends, challenges
and opportunities Katie
Dyer and Richard Petty Trowers
& Hamlins 29 July 2021 – to
listen to the podcast, click
here
Damages for breach of lease?
Possibly not… Giles
Peaker Nearly Legal 1 August
2021 – to read the article, click
here
Housing: recent developments
(July/ August 21) Sam
Madge-Wyld and Jan Luba QC Legal
Action July / August 2021 – to
read the article (subscription
required), click
here
|
|
7th August 2021
Civil Procedure (Amendment No. 4)
Rules 2021 come into force in respect of
rule 12 which amends Part 83.8A (notice
of execution of writs and warrants of
possession)
|
22 August 2021
Deadline for submissions to the
consultation on the Warm Home Discount:
better targeted support from 2022 (see Housing
Law Consultations)
|
|
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
|
|
Featured
Job of the Week
Homeless
Prevention Officers x2
(Ref No:
CHOU997)
Temporary 2 year Fixed Term
Contract
£23,541 pa - £25,991 pa + Car
Allowance up to £1,239 pa
Mid Sussex District Council is an
ambitious, forward thinking local
authority and a great employer to work
for, with great staff benefits to offer,
including subsided leisure centre
membership, generous holiday, pension and
free car parking.
We are looking for a Homeless Prevention
Officer to join our busy frontline Housing
Needs Team to implement the new Prevention
Duty under the Homelessness Reduction Act
2017.
You will be able to work on your own
initiative and have a positive,
enthusiastic, and cheerful attitude
towards the public and colleagues. You
will have excellent interpersonal skills,
including the ability to communicate
calmly even when under pressure.
Detailed knowledge of homelessness
legislation, welfare benefits and landlord
& tenant law would be desirable but is
not essential. Keeping clear and concise
records will be an essential part of your
work. You will also be expected to visit
people in their own homes.
For an informal discussion about the
role(s), please contact Samantha Horne,
Housing Needs Team Manager, on 01444
477429 or via email samantha.horne@midsussex.gov.uk.
For a recruitment pack, apply on-line by
visiting the Jobs at Mid Sussex
section of our website by clicking
here. For more details
about the position, click
here. CVs will not be
accepted. Please note that any job offer
is subject to Basic Disclosure and Barring
Service (DBS) clearance.
Close Date: 9th August 2021.
Interview Date: 19th/20th August 2021
|
Housing
Solutions Senior Officer (Assessment)
|
Milton
Keynes Council
Click
here and
scroll for details
|
|
|
Housing
Finance Manager
|
Milton
Keynes Council
Click
here and
scroll for details
|
|
|
Housing
Solutions Support Worker (Assessment)
|
Milton
Keynes Council
Click
here and
scroll for details
|
|
|
Housing
Service Advisor (Fixed Term)
|
Brighton
and Hove City Council
Click
here for
details
|
|
|
Homelessness
Accommodation Officers
|
|
|
|
Private
Sector Housing Team Manager
|
Royal
Borough of Kensington and Chelsea
Click
here for details
|
|
|
Nuisance
and Anti-Social Behaviour Caseworker
|
|
|
|
Domestic
Abuse Housing Coordinator
|
London
Borough of Hammersmith and Fulham
Click
here for details
|
Domestic
Abuse Act Officer
|
|
Housing
Management Administrator
|
Hightown
Housing Association
Click
here for
details
|
Senior
Empty Homes Enforcement Officer
|
London
Borough of Waltham Forest
Click
here for
details
|
|
Lime Legal
Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
|
|
|
|
|