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HOUSING
LAW NEWS & POLICY ISSUES
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Understanding the possession
action process: guidance for landlords
and tenants
On 1 October 2021 the
Department for Levelling Up, Housing
& Communities (DLUHC) published
guidance for landlords and tenants in
the private and social rented sectors to
explain the possession action process in
the county courts in England and Wales.
The guidance has been updated to reflect
changes to required notice periods in
England and Wales, the end of the
furlough scheme and changes to
international travel rules. For the
guidance, click
here.
Domestic abuse support within
safe accommodation
On 1 October 2021 the DLUHC published
statutory guidance underpinning the new
duties on local authorities relating to
the provision of accommodation-based
support to domestic abuse victims and
their children. The guidance has been
developed in consultation with local
authorities, expert domestic abuse
organisations, the Domestic Abuse
Commissioner and other government
departments. The duties came into force
on 1 October 2021. For the guidance, click
here. For the
government’s response to the
consultation, click
here.
Assured tenancy forms
On 1 October 2021 the DLUHC
published new versions of Form 3, Form
6A and the notes to Form 6A to reflect
notice periods returning to the
pre-Covid position. New notes to Form 3
have also been included. For the revised
forms, click
here.
Secure tenancy forms
On 1 October 2021 the DLUHC published
new versions of prescribed forms under
section 83 of the Housing Act 1985 to
reflect notice periods returning to the
pre-Covid position. For the revised
forms, click
here.
Covid-19 and renting: guidance
for landlords, tenants and local
authorities
On 1 October 2021 the DLUHC published
non-statutory guidance for landlords,
tenants and local authorities in the
private and social rented sectors in the
context of Coronavirus. The guidance has
been updated to reflect the return to
pre-Covid notice period lengths on 1
October 2021. For the guidance, click
here.
Universal credit and rent
arrears
On 30 September 2021 Crisis
presented new analysis of UK government
data showing that in England over
100,000 low-income renters on Universal
Credit will be at least two or more
months behind on their rent as a result
of the planned £20 cut, raising fears
“that thousands will be at risk of being
pushed into homelessness as they
struggle to keep their heads above
water”. Crisis is calling for a reversal
of the government’s decision to cut the
£20 per week uplift of UC, introduced
during the pandemic. For the Crisis
statement, click
here. For an article in
the Guardian, click
here.
Legal aid statistics quarterly:
April to June 2021
On 30 September 2021 the
Ministry of Justice published legal aid
statistics for April to June 2021.
During that period, there were 6,130
legally aided housing cases (up 15 per
cent on a year ago) costing £4.2 million
(down 13 per cent on a year ago). Over
80 per cent of housing work volume is
made up of legal help (ie advice and
assistance about a legal problem, but
not including representation or advocacy
in proceedings). In April to June 2021
there was a 64 per cent increase in
housing work starts compared to the same
quarter last year. There were also
increases in completed claims (35 per
cent) and increases in expenditure (2
per cent). However, housing legal aid
starts, completed claims and expenditure
in the current quarter remain lower
compared to the same period of 2019 (by
35, 21 and 17 per cent respectively).For
the full statistics, click
here.
Civil court fees
On 30 September 2021 HM Courts &
Tribunals Service published EX50, a
leaflet setting out a selection of civil
and family court fees. For the leaflet,
click
here.
Homelessness
On 29 September 2021 Heriot-Watt
University published research showing
that rates of the worst forms of
homelessness are significantly lower in
Scotland than in England. According to The
2021 Homelessness Monitor Scotland,
the rate of ‘core homelessness’, which
includes people rough sleeping, using
unsuitable temporary accommodation such
as B&Bs, sofa surfing or sleeping in
garages or industrial premises, was
almost twice as high in England as in
Scotland. Overall, it found that 0.94
per cent of households in England were
experiencing a form of core
homelessness, compared with 0.66 per
cent in Wales and 0.57 per cent in
Scotland, with the report identifying
Scottish homelessness and housing policy
as one cause of lower rates. For the
report, click
here. For the executive
summary, click
here. For comment by
Crisis, who commissioned the report, click
here.
Homelessness accommodation
provision and rough sleeping – Wales:
July 2021
On 29 September 2021 the Welsh
Government published information on
persons placed into temporary
accommodation and rough sleepers during
July 2021. The data show:
- 1,210 people presenting as homeless
were placed into temporary
accommodation during the month, three
fewer than in June 2021. Of these, 223
were dependent children aged under 16,
a decrease of 20 from June 2021.
- At 31 July 2021, 6,685 individuals
were in temporary accommodation, an
increase of 233 from 30 June 2021.
1,623 of these were dependent children
aged under 16, an increase of 98 from
30 June 2021.
- Between the beginning of the
Covid-19 pandemic and the end of July
2021, over 13,300 people who were
previously homeless have been
supported into emergency temporary
accommodation.
- 433 homeless individuals were moved
into suitable long-term accommodation,
84 fewer than in June 2021. Of the
individuals moved into suitable
long-term accommodation, 124 were
dependent children aged under 16, a
decrease of 36 from June 2021.
- At 31 July 2021, there were an
estimated 103 individuals sleeping
rough throughout Wales. This is a
decrease of three from the 106
individuals sleeping rough at 30 June
2021.
- At 31 July 2021, Newport (19),
Cardiff (15), Pembrokeshire (12),
Caerphilly (11), Denbighshire (8) and
Ceredigion (7) were the local
authorities reporting the highest
numbers of individuals sleeping rough.
All other local authorities reported
six, or fewer, individuals sleeping
rough, with six local authorities
reporting zero.
For the full figures, go to gov.wales,
click on ‘housing’ and then on
‘statistics and research’.
Housing Quality Standard – Wale:
as at 31 December 2020
On 29 September 2021 the Welsh
Government published information on the
progress made by social landlords in
achieving the Welsh Housing Quality
Standard (WHQS) for all their stock as
at 31 December 2020. The main points
are:
- The number of social housing
dwellings that are compliant with WHQS
(including acceptable fails) continues
to increase.
- 99 per cent of all social housing
dwellings were WHQS compliant
(including acceptable fails) compared
to 93 per cent as at 31 March 2019.
- 75 per cent of all social housing
dwellings were fully compliant with
the WHQS at 31 December 2020.
- WHQS compliance is higher for RSLS
with nearly all dwellings achieving
WHQS compliance (including acceptable
fails) compared to 97 per cent of
local authority dwellings.
- The most common reason for an
acceptable fail was ‘Timing of
Remedy’; occurring in just over half
of all dwellings containing an
acceptable fail.
For the full details, click
here.
Housing Ombudsman: resident
waits seven years for repairs
On 29 September 2021 the Housing
Ombudsman reported that it had found
severe maladministration in complaint
handling by Golding Homes. It followed a
resident’s report of repairs, that she
repeatedly made over a period of seven
years from 2012 to early 2019. The
Housing Ombudsman ordered the landlord
to apologise, pay £2,500 in compensation
and set out the steps it was taking to
meet its repair obligations.
Recommendations were also made to the
landlord, including to review its record
keeping, comply with the Ombudsman’s
Complaint Handling Code and report back
on any lessons learned. For the full
report, click
here.
Section 21 ‘no fault’ evictions
On 26 September 2021 Generation Rent
reported that since April 2019, when the
government promised to abolish Section
21 ‘no fault’ evictions, more than
40,000 households in England have been
threatened with homelessness by
landlords using no-fault eviction
grounds, according to government figures
analysed by Generation Rent. The
organisation says that “the worst hit
area is Outer London, with Havering,
Hillingdon and Barking & Dagenham
having the highest rates of private
renters facing homelessness on no-fault
grounds (the rate in Havering is 30 in
every 1,000 private renters, and 27 in
Barking & Dagenham). Towns in the
wider south and midlands are also
affected, with Wolverhampton and Derby
facing twice the national rate”. For the
report, click
here.
Homes for Afghan refugees –
Islington
On 30 September 2021 the Mayor of London,
Sadiq Khan, announced that Islington is
the first borough to secure funding from
his Right to Buy Back scheme to secure
long-term housing for Afghan refugees. The
north London borough has agreed a deal to
bring 80 homes back into council
ownership, including 20 family-sized (ie
three or four bed) homes for Afghan
refugees. For the announcement, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 expected to have its
second reading debate on a date to be
announced. For the Bill as brought from
the House of Lords, click
here. For a House of
Commons Library briefing concerning the
Bill, published on 22 September 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 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.
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 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.
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HOUSING
LAW CONSULTATIONS
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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.
Local taxes for second homes and
self-catering accommodation – Wales
The Welsh Government is consulting on
the discretionary powers which allow
local authorities to levy a higher rate
of council tax on:
- second homes
- long-term empty properties.
The consultation also asks for views
and evidence on the criteria used to
define a property as self-catering
accommodation for local tax purposes.
For the consultation, which closes on 17
November 2021, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Evicted in less than ten
minutes: courts fail tenants broken
by pandemic Bureau
of Investigative Journalism 23
September 2021 – to read the article, click
here
Assessment of costs in
disrepair claims Stathis
Kosteletos and Elena-Lucia Singleton Local
Government Lawyer 1 October 2021
– to read the article, click
here
The one where counsel is a
witness Giles Peaker
Nearly Legal 1 October 2021 –
to read the article, click
here
No case to answer:
prosecution under s. 82
Environmental Protection Act 1990
dismissed Sarah
Salmon Local Government Lawyer
1 October 2021 – to read the article, click
here
Bedrooms – hypothetical
rather than actual. Bedroom tax and
actual use. Giles
Peaker Nearly Legal 3 October
2021 – to read the article, click
here
Builders should pay for the
mistakes that led to cladding crisis
David Walker Observer
3 October 2021 – to read the article, click
here
Possession – more change in
England Suzanne
Gregson Local Government Lawyer
4 October 2021 – to read the article, click
here
Housing: recent developments
(October 21) Sam
Madge-Wyld and Jan Luba QC Legal
Action October 2021 – to read the
article (subscription required), click
here
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15 October 2021
Deadline for submissions to the
consultation on the Building Safety Levy
(see Housing Law Consultations)
15 October 2021
Deadline for applications for funding
under the Government's Social Housing
Decarbonisation Fund (Wave 1
Competition)
22 October 2021
Homeless People (Current Accounts) Bill
scheduled to receive second reading (see
Housing Laws in the Pipeline)
26 October 2021
Public Bill Committee expected to report
to the House of Commons in respect of
the Building Safety Bill (see Housing
Laws in the Pipeline)
29 October 2021
Caravan Sites Bill scheduled to receive
second reading (see Housing Laws in
the Pipeline)
29 October 2021
Caravan Site Licensing (Exemptions of
Motor Homes) Bill scheduled to receive
second reading (see Housing Laws in
the Pipeline)
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