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HOUSING
LAW NEWS & POLICY ISSUES
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Home Affairs Committee
investigates domestic abuse during
Covid-19 pandemic
On 3 February 2021 the Home
Affairs Committee held an evidence
session to examine the prevalence of
domestic abuse during the Covid-19
pandemic and the adequacy of the
Government's response.
Ahead of the session, the designate
Domestic Abuse Commissioner supplied the
Committee with data from domestic abuse
victims and survivors helplines up to
December 2020:
- From 1 April to 31 December 2020,
calls and contacts logged on the
National Domestic Abuse Helpline
database increased by 34 per cent on
the same period the previous year
(114,986 in 2020 compared with 85,771
in 2019). NDAH advisers made 3,785
referrals to emergency refuge
accommodation in this period.
- For the same period the national
LGBT+ helpline run by Galop received
5011 calls. This represented a 36 per
cent increase on the 3,679 calls in
the same period the previous year.
Calls from 16-24 year olds increased
by over 50 per cent on levels the
previous year.
- The Karma Nirvana helpline for
victims and survivors of so-called
'honour-based' abuse saw its most
significant monthly increase (79 per
cent) during the first lockdown.
- The Respect helpline for male
victims of domestic abuse saw calls
increase by 39 per cent over the
nine-month period.
- The Respect helpline for domestic
abuse perpetrators looking for help to
stop saw calls increase by 62 per cent
over the nine-month period.
To watch the evidence session, click
here.
Human Rights Act
On 3 February 2021 the
Parliamentary Joint Committee on Human
Rights heard from the former President
of the Supreme Court, Baroness Hale, for
the Committee's second session of the
inquiry into the Government’s
Independent Human Rights Act Review. To
view the session, click
here.
Leasehold and commonhold
reform
On 7 February 2021 the House of Commons
Library published a paper considering
trends in leasehold ownership, ongoing
problems associated with the sector, and
Government plans for reform. The 2017
Government committed to legislate in
this area "as soon as Parliamentary time
allows". The Conservative Manifesto 2019
contained a pledge to “continue with our
reforms to leasehold.” There is an
intention to legislate in the
forthcoming Parliamentary Session to set
future ground rents to zero as the first
part of "seminal two-part reforming
legislation in this Parliament". The
paper includes analysis of leasehold
transaction data, including constituency
statistics. For the paper, click
here.
Breathing Space Scheme for
people struggling with debt
On 4 February 2021 Arch published an
article concerning the Government’s new
debt respite scheme (the Breathing Space
Scheme) which will give someone in
problem debt the right to legal
protections from creditors. Almost all
kinds of debt can be included in a
moratorium on enforcement action,
including rent arrears, and local
authority landlords will need to prepare
for the introduction of the scheme in
May 2021. For the article, click
here. For the Debt
Respite Scheme (Breathing Space
Moratorium and Mental Health Crisis
Moratorium) (England and Wales)
Regulations 2020, which govern the
scheme, click
here.
‘Chancellor must set up a
Covid Rent Debt Fund’: Generation Rent
On 2 February 2021 Generation Rent
called on the Chancellor of Exchequer to
use the Budget next month to create a
Covid Rent Debt Fund to clear rent
arrears and keep renters in their homes.
Under the proposal, the Government would
clear renters’ arrears, keeping them in
their homes, while allowing landlords to
apply for compensation up to 80 per cent
of the original monthly rent. Generation
Rent says that this would cost around
£288 million, based on estimates by
Citizens Advice. For more details, click
here.
£50 million fund to support
students impacted by Covid-19
On 2 February 2021 the
Department for Education announced £50
million of new funding intended to help
students impacted by the pandemic, for
example those facing additional costs
for alternative accommodation, loss of
employment, or extra costs to access
their teaching online. Universities will
distribute the funding and will be able
to prioritise the funding to those most
in need of help. For more details, click
here. For the response
of the National Residential Landlords
Association, click
here.
New affordable homes – Wales
On 3 February 2021 the Welsh Government
published provisional statistics showing
the number of additional affordable
housing units delivered in Wales between
April 2019 and March 2020. During that
period:
- 2,940 additional affordable housing
units were delivered across Wales.
This is an increase on the 2,592 units
delivered in the previous year and the
2019-20 figure is the highest annual
total to date.
- Registered Social Landlords
delivered over 80 per cent of all
additional affordable housing
provision (2,437 units).
- An additional 60 housing units were
delivered under the Rent to Own –
Wales scheme introduced in February
2018.
For the full statistics, click
here.
Homelessness accommodation
provision and rough sleeping: November
2020 – Wales
On 4 February 2021 the Welsh Government
published information on persons placed
into temporary accommodation and rough
sleepers for November 2020. The main
points are:
- Throughout Wales, 988 people
presenting as homeless were placed
into temporary accommodation during
the month, 347 fewer than in October
2020. Of these, 136 were dependent
children aged under 16, an increase of
21 from October 2020.
- At 30 November 2020, 4,855
individuals were in temporary
accommodation, an increase of 120 from
31 October 2020. 1,258 of these were
dependent children aged under 16, an
increase of 98 from 31 October 2020.
- 572 homeless individuals were moved
into suitable long-term accommodation,
94 fewer than in October 2020. Of the
individuals moved into suitable
long-term accommodation, 156 were
dependent children aged under 16, 21
fewer than in October 2020.
- At 30 November 2020, there were 96
individuals sleeping rough throughout
Wales. This is a decrease of 14 per
cent from the 112 individuals sleeping
rough at 31 October 2020.
- As at 30 November 2020, Newport
(24), Cardiff (15) Caerphilly (14) and
Ceredigion (10) were the local
authorities reporting the highest
numbers of individuals sleeping rough.
All other local authorities reported
fewer than 10 individuals sleeping
rough, with eight local authorities
reporting zero.
For the full data, click
here.
Homelessness migrants with No
Recourse to Public Funds – England
On 2 February 2021 Homeless
Link announced, in conjunction with the
No Accommodation Network (NACCOM), a new
project aiming to improve the
homelessness offer for migrants with No
Recourse to Public Funds (NRPF) in
England. With funding from the Lloyds
Bank Foundation, the project will work
with “services, commissioners and people
with lived experience to develop a
shared roadmap towards inclusive
homelessness services”. For more
information, click
here.
Housing Ombudsman creates new
resident panel
On 3 February 2021 the Housing Ombudsman
announced that recruitment for a new
Resident Panel has opened. The aim is to
create a stronger resident voice by
seeking input and feedback from
residents as plans are developed.
Initially it will be a virtual panel,
made up of around 100 residents from a
cross-section of landlords in the
Housing Ombudsman Scheme. There will be
a mix of residents reflecting the
different types, size and location of
landlords in the scheme. For more
details, click
here.
Rent arrears during pandemic
On 29 January 2021 HouseMark published
its latest Covid-19 impact data which
revealed that sector arrears have
reached a record high, with more than £1
billion now outstanding in arrears. This
represents “a global increase of around
30 per cent, which equates to an
additional £300 million since March
2020. Forecasts estimate that arrears
levels may not return to pre-pandemic
levels until March 2022”. For more
information, click
here.
Single Living Accommodation:
National Audit Office report
On 3 February 2021 the National
Audit Office published a report on
Single Living Accommodation (SLA), by
which the Ministry of Defence has
committed to provide service personnel
in the Armed Forces with high-quality
subsidised accommodation. SLA is
normally in accommodation blocks inside
military bases. At 31 October 2020,
79,963 service personnel, around 52 per
cent of the total Armed Forces, occupied
SLA, which can vary considerably by type
and quality. According to the NAO, at
this date, around half of SLA residents
lived in ‘good’ SLA (Grade 1 and 2), but
36 per cent lived in poorer grade
accommodation (Grade 4 or below). In
addition, approximately two-fifths of
SLA buildings are more than 40 years
old, although MoD has confirmed that all
SLA was built in compliance with the
standards applicable at the time of
construction. For the report, click
here. For a press
release in respect of it, click
here.
‘Renters face supply crisis’:
National Residential Landlords
Association
On 5 February 2021 the National
Residential Landlords Association called
on the Chancellor of the Exchequer to
scrap the three per cent stamp duty levy
on the purchase of homes to rent where
landlords invest in properties that add
to the net supply of housing. This would
include developing new housing,
converting large properties into
affordable units, changing the use of a
property from commercial to residential
or bringing one of the almost 650,000
empty homes in England back into use.
For more information, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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 was on 28
January 2021. The House of Lords have
returned the Bill to the House of
Commons with amendments. The amendments
will be considered on the floor of the
House on a date to be announced. For the
bill, as amended by the 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 Stage 1 motion to agree the
general principles of the Bill was
agreed in Plenary on 13 October 2020.
Stage 2 began on 14 October 2020. Stage
2 consideration took place in Committee
on 27 November 2020. Stage 3 commenced
on 30 November 2020. Stage 3
consideration will take place in Plenary
on 10 February 2021 to consider
amendments to the Bill (as amended at
Stage 2). Amendments may now be tabled
to the Bill (as amended at Stage 2). For
the bill as amended at Stage 2, all
other documents relating to it, and to
follow progress on the bill, click
here.
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 completed its final stages in the
House of Commons on 7 September 2020. It
received its first reading in the House
of Lords on 8 September 2020 and its
second reading on 1 October 2020. The
committee stage was completed on 29
October 2020. The report stage took
place on 17 November 2020. The third
reading took place on 24 November 2020.
The House of Lords have returned the
Bill to the House of Commons with
amendments. The amendments will be
considered on the floor of the House on
a date to be announced. For the bill, as
amended on report, click
here. To read debates
on all stages of the bill, click
here. For a briefing
note prepared by the Local Government
Association on second reading in the
House of Lords, click
here. To follow
progress of the bill, click
here.
Supported Accommodation Bill
This private member’s bill, sponsored by
Steve McCabe, would require developers
to disclose for planning purposes an
intention to use a building for
supported housing or other accommodation
that is specified for the purposes of
Universal Credit and Housing Benefit;
establish a suitability test for
accommodation proposed for such use; and
make provision about the fitness of
persons to be landlords or managers of
supported or other specified
accommodation. The bill had its first
reading on 18 November 2020 and is due
to have its second reading on a date to
be announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Supported Housing (Regulation) Bill
This private member's bill, sponsored by
Kerry McCarthy, would regulate supported
housing; make provision about local
authority oversight and the enforcement
of standards of accommodation and
support in supported housing; and
prohibit the placing of children in care
in unregulated accommodation. It
received its first reading on 11
November 2020. The second reading has
been further postponed to a date to be
announced. The bill is being prepared
for publication. 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 has
been further postponed to a date to be
announced. The bill is being prepared
for publication. 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 yet further postponed
to a date to be announced. 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 yet further
postponed to a date to be announced. 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. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been yet further postponed
to a date to be
announced. For the bill as introduced, click
here. To follow
progress of the bill, click
here.
Houses in Multiple Occupation Bill
This private member’s bill, sponsored by
Ian Levy, would amend the law relating
to the licensing of houses in multiple
occupation and increase penalties for
the contravention of such licences. The
bill received its first reading on 9
September 2020. The second reading has
been further postponed to a date to be
announced. The bill is being prepared
for 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. 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 a
date to be announced. To follow progress
of 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. It received its first
reading in the House of Commons on 10
February 2020. The second reading has
been further postponed to a date to be
announced. For the bill as introduced, click
here. 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 would establish
asylum seeker accommodation eviction
procedures for public authorities. The
first reading was on 10 February 2020.
The second reading has been postponed to
a date to be announced. The bill is
being prepared for publication. 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 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.
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.
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 a
date to be announced. 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 a date to be
announced. To follow progress of the
bill, click
here.
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HOUSING
LAW CONSULTATIONS
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Right to Regenerate: reform of
the Right to Contest
This consultation is to help to
shape a reform of the Right to Contest,
in order to encourage the right to be
utilised more effectively and more
widely to stimulate regeneration and the
more productive use of land. Strand 2 of
the Community Right to Contest allows
members of the public to request that
the government directs the disposal of
unused or underused land, including
vacant homes and garages, owned by
public bodies. This right is
little-known and little-used, with only
one direction to dispose issued since
2014.
The aim of this consultation, which will
close on 13 March 2021,
is to strengthen the right and make it
simpler to use as the new ‘Right to
Regenerate’. This will provide a quicker
and easier route for individuals,
businesses and organisations to
identify, purchase and redevelop
underused or empty land in their area.
In turn, the strengthened right will
support greater regeneration of
brownfield land, boost housing supply
and empower people to turn blights and
empty spaces in their areas into more
beautiful developments. For the
consultation document, click
here.
Safer buildings in Wales
The Welsh Government is consulting on
proposals for comprehensive reform of
legislation that contributes to building
safety in Wales. It focuses on
legislative change across the lifecycle
of buildings as well as setting out
aspirations for culture change in the
way buildings are designed, constructed
and managed. The consultation ends on 12
April 2021. For the
consultation documents, click
here.
Welsh Ombudsman: New draft Guidance on
the Code of Conduct for members of
County and Community/Town Councils
The Ombudsman for Wales has published
new draft Guidance on the Code of
Conduct for members of County and
Community/Town Councils. Any comments
should be submitted to communications@ombudsman.wales
by 28 February 2021.
For the draft guidance, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Landlord & Tenant
Webinar – Forfeiture & Rights of
Entry Tom Tyson Trinity
Chambers – to view the webinar,
click
here
The Guardian view on the cladding
scandal: rip off panels, not people
Editorial Guardian
2 February 2021 – to read the article, click
here
The cladding scandal reveals
how Britain treats its poorest
people Owen JonesGuardian
2 February 2021 – to read the article, click
here
What the Social Housing
White Paper says about: tenant and
resident engagement Sarah
Davis CIH Blog 2 February 2021
– to read the article, click
here
'In the dark': millions left
in flats they can't sell or fix due
to unsafe cladding
Hilary Osborne Guardian 2
February 2021 – to read the article, click
here
Terminating flexible
tenancies Anneli
Robins Local Government Lawyer
2 February 2021 – to read the article, click
here
Housing case law update –
January 2021 Michael
Owen, Natalie Hurst and Claire
Hogan-Clark Local Government Lawyer
2 February 2021 – to read the article, click
here
Incapacious respondents to
closure order proceedings: Ealing
LBC v M Siân McGibbon
and Joshua Hitchens Local
Government Lawyer 2 February 2021
– to read the article, click
here
Fire safety, cladding and
compartmentalisation
John Murray and Stephen Radcliffe
Local Government Lawyer 2
February 2021 – to read the article, click
here
Judgement from Shelter’s
second ‘No DSS’ court win reveals
letting agent caused ‘distress and
humiliation’ to disabled tenant Rose
Arnall Shelter Blog 3 February
2021 – to read the article, click
here
Flexible tenancies appear
decidedly inflexible following
recent Court of Appeal decision Rebecca
Brady Devonshires 4 February
2021 – to read the article, click
here
The cladding scandal:
another symptom of our housing
crisis Tarun Bhakta Shelter
Blog 4 February 2021 – to read
the article, click
here
Domestic abuse: BEIS report
and Acas guidance Emma
Burrows and Nicola Ihnatowicz Trowers
and Hamlins 4 February 2021 – to
read the article, click
here
#KeepTheLifeline: How
evictions can pull people into
poverty Georgette
Thomas Joseph Rowntree Foundation 5
February 2021 – to read the article, click
here
Business or government, we
all have a role to play in fixing
the housing crisis Stuart
Heslop Shelter Blog 5 February
2021 – to read the article, click
here
We must do more to protect
domestic abuse survivors CIH
Blog 8 February 2021 – to read
the article, click
here
Housing conditions: update
(Feb 21) Catherine
O'Donnell Legal Action
February 2021– to read the article
(subscription required), click
here
Housing: recent developments
(Feb 21) Jan Luba QC
and Sam Madge-Wyld Legal Action
February 2021 – to read the article
(subscription required), click
here
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10 February 2021
Consideration in Plenary of
amendments to the Renting Homes
(Amendment) (Wales) Bill (as amended at
Stage 2) (see Housing Laws in the
Pipeline)
18 February 2021
Closing date for legal aid
tenders for housing and debt advice
28 February 2021
Closing date for submissions to Welsh
Ombudsman’s consultation on new draft
Guidance on the Code of Conduct for
members of County and Community/Town
Councils (see Housing Law
Consultations)
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