HOUSING LAW NEWS & POLICY ISSUES

Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021
These Regulations, which come into force on 31 March 2021, further amend Schedule 29 to the Coronavirus Act 2020. Schedule 29 modified various statutory provisions with the effect that during the relevant period specified in that Schedule, landlords are required to provide at least three months’ notice of intention to seeking possession of housing let under a Rent Act 1977 protected or statutory tenancy, a secure tenancy, a flexible tenancy, an assured tenancy, an assured shorthold tenancy, an introductory tenancy or a demoted tenancy let by a local authority or housing action trust. The provision made by Schedule 29 was to end on 30 September 2020. Schedule 29 had been amended so that is has effect in relation to England until 31 March 2021. The measures in Schedule 29 were also suspended with the effect that the notice period reverted to the length prior to the coming into force of the Coronavirus Act 2020 where the landlord is seeking possession of the housing on grounds related to anti-social behaviour. Regulation 2(1) extends the provision in Schedule 29 to 31 May 2021. The suspension of Schedule 29 by virtue of regulation 2 of S.I. 2020/914 continues in force. For the new Regulations, click here. For a press release from the MHCLG concerning the extension of the eviction ban, click here. For the response of the Local Government Association, click here and for that of the National Residential Landlords Association, click here.

Vaccination of homeless people and rough sleepers
On 11 March 2021 the Health Secretary Matt Hancock wrote to the Joint Council on Vaccination and Immunisation and welcomed their further advice on (amongst other recommendations) giving local teams flexibility to vaccinate homeless people and rough sleepers alongside ‘cohort 6’. He confirmed that he had asked NHS England to take this forward. The JCVI had expressed its view that homeless people and rough sleepers “should be offered the first dose even where registration [for health care] is not possible. Every effort should be made to offer the second dose in a timely manner, though as this is an operational matter JCVI cannot comment further on how this may best be achieved.” For the letter by the JCVI, click here; and for the Health Secretary’s reply, click here. For comment by Crisis, click here.

Accommodating homeless people with no recourse to public funds
On 11 March 2021, the High Court held In R (on the application of Ncube) v Brighton and Hove City Council [2021] EWHC 578 (Admin) that while the public health emergency persists, local councils can lawfully provide accommodation to those sleeping rough who are otherwise ineligible for support. Councils can use their powers under section 138 of the Local Government Act 1972 and section 2B of the NHS Act 2006 to provide safe emergency accommodation as the current pandemic constitutes an emergency and public health issue. For the judgment, click here. For an article on the Shelter website, click here.

Coronavirus: Support for landlords and tenants
On 14 March 2021 the House of Commons Library updated its briefing paper explaining measures taken by the Government during the coronavirus outbreak to assist households in the rented sector to retain their homes. The paper covers the introduction of extended notice periods and the end of the ban on evictions in England and Wales from 20 September 2020. It has been updated in light of the extended ban on enforcing eviction orders in England up to 31 May 2021 (see above). For the briefing paper, click here.

Unauthorised encampments
On 8 March 2021 the Home Office announced that it would seek to amend the Police, Crime, Sentencing and Courts Bill (currently proceeding through Parliament). Part 4 (clauses 61 to 63) of the Bill would amend the Criminal Justice and Public Order Act 1994 (CJPOA) to:

• create a new offence of “residing on land without consent in or with a vehicle”; and
• amend the existing police powers associated with unauthorised encampments in the CJPOA to lower the threshold at which they can be used, allow the police to remove unauthorised encampments on (or partly on) highways and prohibit unauthorised encampments moved from a site from returning within twelve months.

The Home Office says: “The measures will target harmful encampments which reflect badly on the wider nomadic community as a whole, the majority of whom are law-abiding.”

For the press release announcing the new offence, click here. For the Bill (in its current form), click here. For a House of Commons Library briefing on this aspect of the Bill, click here.

Safeguarding people experiencing homelessness: LGA webinar
To view a recent webinar organised by the Local Government Association entitled Making Every Adult Matter and Every Contact Count: safeguarding people experiencing homelessness, click here.

Housing First: tackling homelessness for those with complex needs
On 8 March 2021 the House of Commons Library published a briefing paper on Housing First: the homelessness intervention strategy, aimed at people with multiple and complex needs, particularly rough sleepers. HF provides access to permanent housing as a starting point to help tackle their non-housing needs as well. It is often contrasted with “linear”, “stairway” and “treatment first” schemes, which proponents argue can result in high rates of attrition and a lack of appropriate service support due to the need for users to meet certain requirements before moving into stable independent housing. For the briefing paper, click here.

Human Rights Commissions questioned on enforcement of human rights across the UK
On 10 March 2021 the Parliamentary Joint Committee on Human Rights held a session questioning the chairs of the UK's three National Human Rights Institutions about the impact that the Human Rights Act has had on the enforcement of human rights across the UK, barriers that continue to exist to enforcement, and whether any amendment to the Human Rights Act is needed. In the course of the session, the Committee considered:

• The impact of section 6 of the Human Rights Act, which requires public authorities to act in a way which is compatible with convention rights
• The relationship between the domestic courts and the European Court of Human Rights
• Whether the domestic courts are unduly drawn into questions of policy
• Any concerns about possible reform of the Human Rights Act
• Major human rights challenges facing the UK as we emerge from the pandemic: will this coming period will offer opportunities to increase awareness and understanding of human rights both among public authorities and individuals?

To view the session, click here. For more information about the Committee's inquiry concerning the Government's Independent Human Rights Act Review, click here.

Head tenant posing as landlord fined: Brent
ON 10 March 2021 Brent Council reported that a head tenant who posed as a landlord has been ordered to pay £9,047.50 in fines and costs for breaching housing laws. Brent originally issued Mrs Sonia Nascimento with a £5,000 Civil Penalty Notice but when she refused to pay it, the council issued proceedings against her. Mrs Nascimento rented out a converted, four-bedroom flat from a landlord in Willesden in 2017, and then went on to illegally sublet the property to other tenants for a profit. For the report, click here.

Violence Against Women and Girls (VAWG) Call for Evidence
On 12 March 2021 this call for evidence was reopened to collect further views from those with lived experience of, or views on, crimes considered as violence against women and girls (VAWG). It is open to all genders. The reopened consultation closes on 26 March 2021.The Home Office is seeking views to help inform the development of the government's next Tackling Violence Against Women and Girls Strategy. It is particularly keen to hear from people who may feel under-represented in previous strategies or who feel their circumstances were not supported by existing services. The Home Office also seeks the views of those with expertise in working with victims and survivors, those involved in preventative activity, and those involved in providing services, including relevant professionals, such as those working in social care, education, law enforcement, local government, public health and healthcare.

In Parliament on 15 March 2021, the Home Secretary reported that 78,000 people had responded to the call for evidence since its reopening. For more information, click here. For the Hansard record of the Commons debate on policing and prevention of violence against women, click here.

Crisis and Pathway to merge
On 8 March 2021 the charities Crisis and Pathway announced that that they are to merge “in a bid to tackle the stark health inequalities experienced by people who are homeless and ensure that the healthcare system plays its part in ending homelessness across Great Britain”. The merger, which has been approved by both Boards of Trustees, aims to:

• Increase the number of dedicated hospital teams that work with patients who are homeless across the country, to ensure they receive better quality care and are not discharged from hospital into homelessness.
• Work with the NHS and wider health and social care services to help them prevent homelessness through evidence-based programmes such as Housing First and Critical Time Interventions that will ensure people get the support they need to leave homelessness behind for good.
• Campaign for the changes needed to save lives and demonstrate the positive health outcomes of immediate access to good quality emergency accommodation
• Fill in knowledge gaps in inclusion health and homelessness research, including how to improve services, narrow health inequalities, assess the impact of government policies and the solutions needed to end homelessness for good.

For the full announcement, click here.

Grenfell Tower Inquiry: attendance at hearings
On 12 March 2021 the Grenfell Tower Inquiry published an update on its plans to return to limited attendance hearings. The Inquiry plans to resume limited attendance hearings on 19 April, provided the government’s roadmap goes ahead as planned. From 17 May at the earliest, the Inquiry proposes to allow a number of bereaved, survivors and residents to attend to watch the proceedings in person if they so choose, if the government’s plans to allow mixing indoors between households are implemented. The government hopes to end legal limits on social contact from 21 June and the Inquiry will carefully consider government guidance issued closer to that time. Once the Inquiry is satisfied it is safe to do so, and subject to consultation with the Government Property Agency, hearings will once again be open fully to anyone wishing to attend. For the full announcement, click here.

Housing Ombudsman to publish all its investigation reports on individual cases
On 9 March 2021 the Housing Ombudsman announced that it will start publishing all decisions on cases investigated, in order to increase transparency. Decisions will be published every two weeks, providing “an ever-expanding resource to promote learning in the sector and demonstrate the difference complaints can make for individual residents and wider benefit”. The first cases published highlight a wide range of issues, including Right to Buy, moving home, repairs and anti-social behaviour, as well as the type of outcomes following investigations. The landlord in each case is identified. For the announcement (with links to the reports), click here.

Placement of homeless women who have suffered domestic abuse
On 4 March 2021 the Public Interest Law Centre confirmed that it had settled its legal challenge to Camden Council’s practice of accommodating homeless women fleeing domestic abuse in shared hostels with men. Camden Council has agreed to take account of PILC’s arguments when assessing whether any homeless applicant is a survivor of domestic abuse and when reviewing the commissioning and provision of accommodation for the homeless, its use of mixed gender accommodation in emergency cases. For the press release, click here and scroll down.

Housing priority for key workers – London
On 12 March 2021 the Mayor of London Sadiq Khan announced that key workers, such as NHS staff, police, firefighters, transport workers and teachers, will have priority for thousands of affordable homes being built across London. The Mayor said that he will work with trade unions, emergency services and local authorities to create the list of essential London workers “who have given so much to keep the capital going over the last year”. For the announcement, click here.

HOUSING LAWS IN THE PIPELINE

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. Both Houses have agreed on the text of the bill which now waits for the final stage of Royal Assent when the Bill will become an Act of Parliament. Royal Assent is yet to be scheduled. 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.

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.

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 House of Commons considered the Lords Amendments on the floor of the House on 24 February 2021. Consideration of Commons amendments will take place in the Lords on 17 March 2021. The Bill will return to the House of Lords for further consideration. 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.

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 Bill was agreed by the Senedd on 23 February 2021. The Bill is now in the four week period (24 February – 23 March 2021) during which, the Counsel General or the Attorney General may refer the question whether the Bill, or any provision of the Bill, would be within the Assembly’s legislative competence to the Supreme Court for decision (section 112 of the Government of Wales Act). Similarly, the Secretary of State for Wales may make an order prohibiting the Presiding Officer from submitting the Bill for Royal Assent. For impact assessments, click here. For the bill as amended at Stage 3, all other documents relating to it, and to follow progress on the  bill, click here.

Housing and Homelessness (Local Accommodation Duty) Bill
This private member’s bill, sponsored by Karen Buck, would place a duty on local authorities to ensure that persons for whom a homeless duty has been accepted are accommodated in the local area, including on discharge into private rented accommodation; and would require local authorities to publish annual reports on steps relating to housing demand and supply taken or intended to be taken to meet that duty. The bill had its first reading on 8 March 2021 and is due to have a second reading on a date to be announced. The bill is being prepared for publication. 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.

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.

HOUSING LAW CONSULTATIONS

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 now remain open until 20 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.

HOUSING LAW ARTICLES & PUBLICATIONS

Success in Camden shared-hostel challenge Public Interest Law Centre 4 March 2021 – to read the article, click here

Vaccination Frontline Melissa Kerschen Homeless Link 9 March 2021 – to read the article, click here

White Paper – Price evaluation models for the housing sector Stuart Brown and Rebecca Rees Trowers and Hamlins 10 March 2021 – to read the article, click here

Here’s why the Welsh Government should champion equal access to post Naomi Graves Citizens Advice 10 March 2021 – to read the article, click here

High Court rules councils can lawfully accommodate street homeless people with ‘No Recourse to Public Funds’ – will the government now provide proper guidance? Robert Brown Shelter Blog 10 March 2021 – to read the article, click here

Could shared ownership rescue households who can’t afford their mortgages? John Pankhurst CIH Blog 11 March 2021 – to read the article, click here

Homelessness and Migration – Two Worlds Colliding Bethan Lant Homeless Link 15 March 2021 – to read the article, click here

Becoming strengths-based: the four key elements Vicky Album Homeless Link 15 March 2021 – to read the article, click here

Bringing net zero energy solutions to the UK’s social housing sector Ian Hutchcroft CIH Blog 15 March 2021 – to read the article, click here

R (Ncube) v Brighton: “Everyone In” does exactly what it says on the tin SW Nearly Legal 15 March 2021 – to read the article, click here

Housing: recent developments (March 21) Sam Madge-Wyld and Jan Luba QC Legal Action February 2021 – to read the article (subscription required), click here

HOUSING LAW DIARY

17 March 2021                                     
Consideration of Commons amendments to the Fire Safety Bill will take place in the Lords (see Housing Laws in the Pipeline)

20 March 2021                                     
Closing date for submissions to the consultation on Right to Regenerate: reform of the Right to Contest (see Housing Law Consultations)

23 March 2021                                     
End for the four-week period during which, the Counsel General or the Attorney General may refer the question whether the Renting Homes (Amendment) (Wales) Bill would be within the Assembly’s legislative competence to the Supreme Court for decision Bill (see Housing Laws in the Pipeline)

26 March 2021                                     
Call for evidence in respect of Violence Against Women and Girls closes (see Housing Law News and Policy Issues)

31 March 2021                                     
Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021 come into force (see Housing Law News and Policy Issues)

1 April 2021                                          
Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Amendment) Regulations 2021 come into force

1 April 2021                                          
Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) (England) Regulations 2021 come into force

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