|
HOUSING
LAW NEWS & POLICY ISSUES
|
|
New homes for first time buyers
and for social rent – England
On 20 March 2021 the MHCLG
announced that from 1 April 2021
councils in England will have more
freedom on how they spend the money from
homes sold through Right to Buy to help
them build the homes needed in their
communities, including homes for social
rent. The announcement followed a
consultation exercise. New measures
include:
- extending the time councils have to
spend Right to Buy receipts from three
years to five years
- an increased cap on the percentage
cost of new homes councils can fund
from Right to Buy receipts raised from
30 to 40 per cent per home, making it
easier to build replacement homes
- allowing receipts to be used for
shared ownership, First Homes, as well
as affordable and social housing
- introducing, from 1 April 2022, a
cap on the use of Right to Buy
receipts for acquisitions to help
drive new supply.
For the announcement, click
here. For the
Government’s response to the consultation,
click
here. For the
consultation document itself, click
here.
Rough sleepers
On 18 March 2021 the MHCLG announced
that homes will be made available in
every region of England to enable people
who sleep rough, or are at risk of
sleeping rough, to be rehoused in
secure, long-term accommodation. Through
this scheme, rough sleepers will be
supported by specialist staff to access
the help they need, such as support for
mental health or substance misuse needs,
so they can move towards training and
work, and finding a permanent home. For
the announcement, click
here.
Rough sleepers: Public Accounts
Committee report
On 17 March 2021 the Commons Public
Accounts Committee published a report –
Covid-19: housing people sleeping
rough – which found that the
success of the "Everyone In" initiative
exposed gaps in the MHCLG’s approach to
tackling rough sleeping. The Committee
says that the MHCLG, local authorities
and the voluntary sector made a
"considerable achievement" in the first
wave of the Covid-19 pandemic, moving
quickly and decisively to house people
sleeping rough: potentially avoiding
some 20,000 transmissions of the virus
and limiting deaths among this highly
vulnerable population to an estimated
16, against around 37,430 people who had
been helped into accommodation by
January 2021. The Committee notes,
however, that that number is nearly nine
times MHCLG'S last official estimate of
people sleeping rough on England’s
streets, made before the start of the
pandemic, of 4,266 - and MHCLG still
does not have a plan for achieving or
maintaining the government’s 2019
election commitment to end rough
sleeping by May 2024. Owing to MHCLG’s
sometimes "disappointing evasiveness",
it is uncertain whether its objective of
providing 3,300 homes for people
sleeping rough by the end of March 2021
will be met.
For the report, click
here. For a summary, click
here. For the report’s
conclusions and recommendations, click
here. For the Local
Government Association’s response to the
report, click
here. For comment by
Crisis, click
here.
Rough sleeping – England:
Commons Library briefing
On 21 March 2021 the House of
Commons Library published a briefing
paper providing background information
on the causes of rough sleeping and
local authorities' duties. The
Government has committed to end rough
sleeping by May 2024. For the briefing
paper, click
here. For a briefing
paper detailing specific measures in
place to assist rough sleepers during
the pandemic, click
here.
Covid-19 and housing costs
On 22 March 2021 Bright Blue,
an independent think tank for liberal
conservatism, published a report – Shaky
Foundations – which found that
that the economic fallout from the
Covid-19 pandemic is exacerbating the
housing crisis in urban areas, with
London boroughs in particular
experiencing the biggest rise in England
in the proportion of all households
claiming state support for housing
costs. The main findings include:
- On average the proportion of all
households receiving state support for
housing costs has increased by 2.8
percentage points across all English
local authorities outside of London in
the first nine months of the pandemic;
in London the average increase is 5.9
percentage points.
- There has been, on average, a 3.7
percentage point rise in the
proportion of all households claiming
state support for housing costs in the
average urban English local authority
in the first nine months of the
pandemic as opposed to a 2.3
percentage point rise in the average
rural English local authority.
- Seventeen of the 20 English local
authorities with the highest increases
in households claiming state support
for housing costs in the first nine
months of the pandemic were in London.
- In four London boroughs (Newham,
Haringey, Brent, and Hackney), 40 per
cent of households or more are in
receipt of state support for housing
costs.
- The growth in claims for state
support for housing costs is driven
mostly by those renting privately. In
February 2020, 53.3 per cent of
households on Universal Credit which
received the Housing Element were
renting socially, while 45.5 per cent
were renting privately. By November
2020, the proportion reversed, with
45.1 per cent of households renting
socially, while 53.5 per cent were
renting privately.
- In 212 out of 317 English local
authorities (66.8 per cent), the
proportion of new claimants of state
support for housing costs in the first
nine months of the pandemic who are
privately renting is above 60 per
cent.
For the report, click
here.
Fire safety
On 17 March 2021 the Home Office
published its response to the public
consultation on fire safety that ran
from July to October 2020. It provides a
summary of the responses received and
sets out the next steps the Government
will take to strengthen fire safety for
all regulated buildings which include:
- legislating through the Building
Safety Bill to strengthen the Fire
Safety Order in a number of key areas
- delivering new regulations through
Article 24 of the Fire Safety Order in
response to the Grenfell Tower Inquiry
Phase 1 Report recommendations
- implementing changes to improve
engagement between building control
bodies and fire and rescue services.
For the response document, click
here. For the
consultation document, click
here. For the draft
Building Safety Bill, click
here.
Fire and building safety: Social
Sector Engagement Best Practice Group
report
On 17 March 2021 the Social
Sector (Building Safety) Engagement Best
Practice Group published its final
report which sets out the
recommendations about good practice when
engaging with residents on fire and
building safety issues. For the report,
click
here. For a summary on
the ARCH website, click
here.
Supported housing for vulnerable
people
On 19 March 2021 the Government
announced that four pilots to improve
the standard and quality of supported
housing in England have been extended
for a further six months, backed by an
additional £2.3 million. The pilots are
in Birmingham, Blackpool, Blackburn and
Hull. They will test new approaches to
improve standards in supported housing;
findings from them will inform future
national policy on supported housing.
For the announcement, click
here.
Judicial Review consultation
launched
On 18 March 2021 the Ministry
of Justice launched a public
consultation on judicial review which
will address the recommendations of an
independent panel of experts led by Lord
Faulks QC. The panel concluded that
there was a growing tendency for the
courts in judicial review cases to edge
away from a strictly supervisory
jurisdiction, becoming more willing to
review the merits of the decisions
themselves, instead of the way in which
those decisions were made.
The panel proposed two reforms to
substantive law: to reverse the effects
of so-called 'Cart judgments' to prevent
appeals in the Upper Tribunal being
subject to judicial review in the High
Court; and to introduce suspended
quashing orders as a new remedy. On
quashing orders, the panel concluded
that the courts should have the ability
to suspend quashing orders, mandating a
time by which any administrative
oversight should be corrected. The
consultation will also consider whether
to recommend to the Civil Procedure Rule
Committee that they consider a range of
procedural reforms to improve the
efficiency of judicial review claims.
For the consultation document, click
here. For the panel's
report, click
here.
Independent Review of the Human
Rights Act
On 17 March 2021 the Parliamentary Joint
Committee on Human Rights questioned
witnesses on the impact of the Human
Rights Act on the policies and practices
of public authorities. Section 6 of the
Act obliges public authorities to act
compatibly with Convention rights unless
primary legislation requires them to do
otherwise. Topics included:
- Examples of where the Human Rights
Act has made a difference to public
authorities and the delivery of public
services;
- Whether more could be done to raise
awareness of human rights within
public authorities;
- How the NHS, the CPS and the police
have approached the requirement to act
compatibly with Convention rights;
- Whether there are sectors that have
done particularly well at embedding
human rights values and whether some
public authorities might need more
support.
To view the session, click
here. For details of the
Committee’s inquiry into the Government’s
Independent Human Rights Act Review, click
here.
Allocation of Housing and
Homelessness (Eligibility) (Wales)
(Amendment) Regulations 2021
These Regulations, which came
into force on 19 March 2021, amend the
Allocation of Housing and Homelessness
(Eligibility) (Wales) Regulations 2014
which make provision for which persons
who are subject to immigration control
are eligible for an allocation of
housing accommodation and for housing
assistance. For the Amendment
Regulations, click
here. For the 2014
Regulations, click
here.
Assessment of Accommodation
Needs of Gypsies and Travellers
(Extension of Review Period) (Wales)
(Coronavirus) Order 2021
This Order, which came into force on 18
March 2021, amends the meaning of
“review period” (which is the period
during which an assessment of
accommodation needs must be carried out)
in section 101(3) of the Housing (Wales)
Act 2014. The first review period under
section 101(3)(a) was the period from 25
February 2015 to 24 February 2016. Under
section 101(3)(b) all subsequent
assessments were to take place during
each subsequent period of five years.
Due to the impacts of coronavirus on
communities in Wales and the effect that
it has had on administration within
local housing authorities the review
period, which otherwise would have come
to an end on 24 February 2021, is
extended by one year. This Order
provides that the review period
following the review period under
paragraph (a) is increased from five to
six years. Thereafter, the review period
is five years. For the Order, click
here. For the 2014 Act,
click
here.
Tribunal Procedure (Amendment)
Rules 2021
These Rules, which come into force on 6
April 2021, make amendments to the
various procedural rules which apply in
the First-tier Tribunal and Upper
Tribunal. In particular, rule 2 deletes
a rule from the Tribunal Procedure
(Upper Tribunal) Rules 2008. Rule 4
amends a rule about costs in the
Tribunal Procedure (First-tier Tribunal)
(Property Chamber) Rules 2013. For the
Amendment Rules, click
here. For the 2008
Rules, click
here. For the 2013
Rules, click
here.
Sale and use of leaseholds in
Wales
On 16 March 2021 the Welsh Government
published research investigating how
leasehold operates in Wales, including
distribution and characteristics of
leasehold properties and views and
experiences of stakeholders. The report
makes five main recommendations for
action by the Welsh Government:
- It should consider a mechanism that
quantifies and records the
distribution of leasehold homes in
Wales accurately.
- It should consider building a
network of leaseholders to improve
knowledge about leaseholder rights and
responsibilities in Wales.
- It should consider additional law
reforms to enhance the rights of
leaseholders suggested by this
research project.
- It should consider further research
to understand the effectiveness of the
current system of dispute resolution.
- Longer term, it should consider more
radical reforms to leasehold, adopting
a more holistic and sustainable
approach.
For the report, click
here.
Covid-19 relief measures – Wales
On 17 March 2021 Julie James, Minister
for Housing and Local Government, made a
written statement concerning the laying
of the Public Health (Protection from
Eviction) (No. 2) (Wales) (Coronavirus)
Regulations 2021, and proposed further
extension of Schedule 29 to the
Coronavirus Act 2020 (increasing tenancy
notice periods to six months). For the
statement, go to the Welsh Government
website at www.gov.wales and click on
‘Housing’.
Housing Ombudsman
On 16 March 2021 the Housing Ombudsman
announced that Adam Sampson has been
appointed as its first Independent
Reviewer of Service Complaints. He will
support the Ombudsman in learning from
complaints about its service to
continually improve performance. For the
announcement, click
here.
Youth homelessness – London
On 21 March 2021 the London Mayor, Sadiq
Khan, announced the establishment of the
capital’s first pan-London homeless
accommodation hub specifically for the
use of young people who are sleeping
rough, or at immediate risk of
homelessness in the capital. The youth
homelessness hub is run as a joint
initiative between Depaul UK and New
Horizon Youth Centre, in collaboration
with the Mayor and London Councils,
piloting a new approach to services for
young homeless people. It will be run
from a 40-bed hotel in west London. The
hub will offer “intensive, wrap-around
support” from dedicated support workers.
For the announcement, click
here.
Regulator of Social Housing
On 16 March 2021 the Regulator of Social
Housing set out the information it
requires from registered providers in
relation to data collection in March
2021 and the deadlines for submission.
For the details, 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
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. The House of Lords considered the
Commons amendments to the Bill on 17
March 2021. Outstanding issues on the
bill were returned to the Commons for
consideration. The Commons considered
the Lords message on the Bill on Monday
22 March 2021 and have returned the Bill
to the Lords as they disagreed with
certain Lords amendments. For the bill,
as amended on report, click
here. To read debates
on all stages of the bill, click
here. For a briefing
paper, published by the House of Commons
Library on 19 March 2021, 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 four-week
period during which the Counsel General
or the Attorney General may refer to the
Supreme Court the question whether the
Bill, or any provision of the Bill,
would be within the Assembly’s
legislative competence for decision
elapsed on 23 March 2021. The Bill now
awaits 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.
|
|
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.
|
|
|
|
|
R (on the application of
Ncube) v Brighton and Hove City
Council [2021]
EWHC 578 (Admin)
Facts
The Claimant was homeless and a failed
asylum-seeker. He sought accommodation
from the Defendant in September 2020.
The Defendant refused the Claimant’s
application as his status meant that he
was disqualified from government support
at the time. The Claimant claimed that
the Defendant had the power to rehouse
him and was required to do so. The
Defendant submitted that no statutory
power existed that authorised them to
rehouse him due to his unlawful status.
Further, any policy of accommodating
homeless persons “irrespective of
immigration eligibility” would be
unlawful.
On 30th November 2020, the Claimant
moved to Home Office accommodation in
Swindon after receiving an offer under
s.4 of the Immigration and Asylum Act
1999. Therefore, at the time of
proceedings, the Claimant was no longer
based in the Defendant’s locality.
The Defendant submitted that the
proceedings were academic as the
Claimant had obtained accommodation,
there was no wider significance as the
case was fact specific and the
Claimant’s case was an attempted
“rolling claim” in which objection was
made to policies which came into
existence after the claim was issued for
judicial review.
Shortly after the start of lockdown on
26th March 2020, the Minister for Local
Government and Homelessness announced
the “Everyone In” initiative. The scheme
was designed to accommodate rough
sleepers urgently to protect public
health, in the wake of Covid-19. The
Defendant’s housing committee released a
report on 18th November 2020 confirming
that the scheme did not suspend the
legal requirements for rough sleepers
with no recourse to public funds
(“NRPF”).
Judgment
Freedman J accepted that upon the
Claimant obtaining accommodation in
Swindon, the claim became speculative.
However, he found that the question of
whether it was correct that rough
sleepers who are NRPF persons are barred
from obtaining accommodation, was not
fact sensitive and had a wider public
importance. On this basis, the
conditions for hearing an academic claim
were met.
The Defendant maintained that following
s.185 of the Housing Act 1996, the
Claimant was not eligible for
homelessness assistance under Part VII
Housing Act 1996. Therefore, providing
him with assistance would be an
impermissible attempt to circumvent the
statutory limitations.
The Claimant submitted that the
Defendant had the power under s.138 of
the Local Government Act 1972 during
emergencies or disasters. The Defendant
argued that as Brighton was in Tier 1
with low infection rates, there was not
an emergency or disaster. Freedman J
found that the tier formed part of the
risk from the pandemic, which was the
purpose behind the “Everyone In” scheme.
The Claimant made a further submission
that the Defendant had an alternative
power under s.2B of the NHS Act 2006,
which contains a duty for authorities to
take appropriate steps to improve public
health. Freedman J found that despite the
Defendant’s submission that accommodation
was not expressly listed, provided the
provision is used to promote public health
and not to circumvent the Housing Act 1996
restrictions, it may be used as such.
Within his skeleton argument, the
Claimant submitted that an alternate
power existed under s.180 Housing Act
1996. This power enables an authority to
provide assistance to voluntary
organisations “concerned with
homelessness, or matters related to
homelessness”. The Defendant maintained
that s.180 does not give rise to any
specifically enforceable duty or power
to assist an individual who is homeless.
Freedman J agreed that the wording was
limited to assisting a third party.
The Claimant’s final submission referred
to s.1 – s.2 of the Localism Act 2011,
which contain a general power for an
authority to do anything that individuals
may do. The power is limited by
legislation in force prior to the Act, or
legislation which restricts the general
power. The Claimant submitted that words
should be inserted in the Act to provide
for Convention compliance when an
applicant faces a breach of his or her
human rights. After an extensive
discussion, Freedman J concluded s.1 did
not give rise to a free standing power for
the Defendant to accommodate the Claimant.
Further, it was not necessary to insert
wording into the Act as the Claimant had
recourse to s.4 of the Immigration and
Asylum Act 1999.
To conclude his judgment, Freedman J
ordered that the Defendant had the power
to provide the Claimant with assistance
to obtain housing under both s.138 Local
Government Act 1972 and s.2B NHS Act
2006. This power exists with the
limitation that it must not be used to
circumvent the restrictions contained
within s.185 Housing Act 1996, or
Schedule 3 to the Nationality and
Immigration Act 2002.
Summary by
Abigail Cheetham, pupil barrister, Trinity
Chambers. For the
judgment, click
here.
|
|
HOUSING
LAW CONSULTATIONS
|
|
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
|
|
High Court rules DWP’s
universal credit deductions policy
unlawful Sophie
Earnshaw Shelter Blog 17 March
2021 – to read the article, click
here
Quarterly Housing Update –
Winter 2020/21 Trowers
and Hamlins 18 March 2021 – to
read the publication, click
here
Late s.202 reviews and what
gets appealed Giles
Peaker Nearly Legal 21 March
2021 – to read the article, click
here
Arrears, conduct and
Tribunal discretion on RRO awards Giles
Peaker Nearly Legal 21 March
2021 – to read the article, click
here
Webinar: Private residential
development briefing - The future of
residential in cities – A
re-assessment? Sara
Bailey Trowers and Hamlins 22
March 2021 – to view the webinar, 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
|
|
26 March 2021
Call for evidence in respect of
Violence Against Women and Girls closes
31 March 2021
Coronavirus Act 2020 (Residential
Tenancies: Protection from Eviction)
(Amendment) (England) Regulations 2021
come into force
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
6 April 2021
Tribunal Procedure (Amendment) Rules
2021 come into force (see Housing
Law News and Policy Issues)
|
|
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
|
|
Options
Officer |
Oxford
City Council
Click
here and
scroll for details
|
|
|
Corporate
Housing Communications Manager
|
Royal
Borough of Kingston and Chelsea
Click
here for
details
|
|
|
Neighbourhood
Housing Officer
|
|
|
|
Neighbourhood
Housing Manager
|
|
|
|
Deputy
Accommodation Manager |
|
|
|
Home
Ownership Adviser (resales)
|
West Kent Housing Association
Click
here for
details
|
|
|
Housing
Options Officer
|
Braintree District Council
Click
here and
scroll for details
|
|
|
Housing
Officer
|
Brighton and Hove City Council
Click
here for
details
|
|
|
Nuisance
and Anti-Social Behaviour (NASB)
Caseworker
|
Crawley Borough Council
Click
here and
scroll for details
|
|
|
Housing
Options Officer
|
Crawley Borough Council
Click
here and
scroll for details
|
|
|
Housing
Data & Contracts Officer
|
|
|
|
|
Lime Legal
Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
|
|
|
|
|