28th July 2021
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HOUSING LAW NEWS & POLICY ISSUES
 

Rough sleepers experiencing violence and abuse
On 26 July 2021 the MHCLG announced that rough sleepers experiencing violence and abuse will be provided with safe housing as part of a new pilot programme. The Respite Rooms Trial Programme – first announced by the Chancellor in the Budget – will see 12 local areas across England share £3.7 million to fund accommodation and expert support for victims of violence and abuse. Under this initiative, safe housing will be offered to victims of domestic abuse, rape or sexual assault, sex workers, victims of exploitation, or violence who are sleeping rough or at risk of rough sleeping. For more information, click here.

Understanding the possession action process: guidance for landlords and tenants
On 20 July 2021, the MHCLG updated its guidance for landlords and tenants in the private and social rented sectors which explains the possession action process in the county courts in England and Wales. One document is intended to help social landlords understand the new arrangements which will be in place when the stay on possessions ends. Another document will assist tenants who have been served with a notice requiring or seeking possession and provides detailed information about each stage of the possession action process where the landlord makes a possession claim to the county court. Each guidance document has been updated for the move to Covid-19 rules step 4 on 19 July 2021. For the guidance, click here.

Statutory homelessness in England: January to March 2021
On 22 July 2021 the MHCLG published statistics on statutory homelessness in England. Between January to March 2021:

  • 68,250 households were initially assessed as homeless or threatened with homelessness and owed a statutory homelessness duty, down 10.7 per cent from January to March 2020.
  • 31,450 households were assessed as being threatened with homelessness, and therefore owed a prevention duty, down 19.4 per cent from the same quarter last year and linked to a 45.5 per cent decrease in threatened homelessness due to service of a section 21 notice to end an assured shorthold tenancy.
  • 36,800 households were initially assessed as homeless and therefore owed a relief duty, down 1.7 per cent from the same quarter last year, driven by the 7.5 per cent fall in households with children owed relief duty.
  • 9,470 households were accepted as owed a main homelessness duty, down 10.3 per cent from January to March 2020. Households with children fell by 23.3 per cent, reflecting the fall in households with children owed a prevention or relief duty over the same period.

On 31 March 2021 the number of households in temporary accommodation was 95,450, up 3.5 per cent from 92,190 on 31 March 2020. This increase is driven by single adult households, up 24.6 per cent to 29,120, while households with children decreased 6.1 per cent to 59,120. For the full statistics, click here. For tables on homelessness, organised by local authority, click here. For the latest tables on dwelling stock (including vacants), click here. For the response of Crisis, click here.

Building Safety in medium and lower rise block of flats
On 21 July 2021 the MHCLG issued an Independent Expert Statement on issues of proportionality in relation to building safety in medium and lower-rise blocks of flats, the impact on the housing market, and what more government could do to ensure approaches that are proportionate to the level of risk. For the statement, click here. For a written ministerial statement made in response on 21 July 2021, click here.

Leaseholders in blocks of flats with cladding
On 21 July 2021 the MHCLG announced that leaseholders in blocks of flats with cladding should be supported to buy, sell or re-mortgage their homes after the government agreed with major lenders to pave the way to ending the need for EWS1 forms. It comes following expert advice (see above) that the forms should no longer be needed on buildings below 18 metres. A group of major high street lenders has committed to review their practices following the new advice; HSBC UK, Barclays, Lloyds Banking Group and others have said that the expert report and government statement pave the way for EWS1 forms to no longer be required for buildings below 18 metres and will help further unlock the housing market. For the announcement, click here.

Help with anti-social behaviour for social housing tenants
On 19 July 2021 the MHCLG published an information document clarifying the roles and powers of the main agencies – social landlords, local authorities and police – responsible for tackling anti-social behaviour. This information is provided for social housing tenants to make it easier for them to find the right help when they need it. It will also be helpful for social landlords. For the document, click here.

Judicial Review and Courts Bill
On 21 July 2021the Judicial Review and Courts Bill was introduced to the House of Commons and given its first reading. The Bill would enable the making of quashing orders; make provision restricting judicial review of certain decisions of the Upper Tribunal; make provision about the use of written and electronic procedures in courts and tribunals; and make other provision about procedure in, and the organisation of, courts and tribunals. For the Bill, as introduced, click here. For the text of a speech about judicial review given by the Lord Chancellor at Policy Exchange, click here.

Violence against women and girls: new government strategy
On 21 July 2021 the Home Office published the government's new strategy to ensure women and girls are safe 'at home, online and on the streets'. The strategy sets out an ambition to increase support for victims and survivors, increase the number of perpetrators brought to justice and to reduce the prevalence of violence against women and girls in the long-term. Following the death of Sarah Everard in March and the public response to it, the Home Secretary reopened the government's call for evidence on tackling crimes that, the Home Office says, disproportionately affect women. The Home Office received 160,000 further responses over two weeks, taking the total to over 180,000 responses. These, it says, have helped determine the new strategy. For more details of the new strategy, click here. For the strategy document itself, click here. For the response of the Local Government Association to the strategy, click here.

Extension of Housing Possession Court Duty Scheme contracts
On 22 July 2021 the Legal Aid Agency announced that extension notices will shortly be issued to tell providers that Housing Possession Court Duty Scheme (HPCDS) contracts will be extended to 30 September 2022. For more details, click here.

Homelessness pilots funding
On 20 July 2021 Crisis reported that the All-Party Parliamentary Group on Ending Homelessness had urged the government to commit to prioritising funding in the Autumn spending review for the Housing First pilot programmes in Greater Manchester, Liverpool City Region and West Midlands Combined Authority. The programmes provide up to 1,100 places for people facing homelessness but their funding is set to end from 2022. For more details, click here.

General medical services for care of the homeless – Wales
On 21 July 2021 the Welsh Government published information outlining specialised services provided by general medical services for care of the homeless. For the information, click here.

Housing Ombudsman podcast on casework and best practice
On 20 July 2021 the Housing Ombudsman launched the first in a new series of podcasts to provide more insight into its casework and to share best practice. It describes successful approaches by landlords as well as cases for learning, and provides some key messages for landlords to:

  • be clear about strategies to manage repairs, and communicate them clearly
  • exercise discretion appropriately 
  • continue to be fair in dealing with the backlog of repairs and how complaints are managed. 

To listen to the podcast, click here. For the latest issue of the e-newsletter, Housing Ombudsman News, click here.

Statement on Mortgage Prisoners
On 22 July 2021 HM Treasury issued a statement that the government remains committed to seeking additional options for borrowers with inactive firms who are unable to switch, despite being up to date with payments, and has agreed a commitment with industry participants to work together to look for practical and proportionate solutions. For the full statement, click here.

HOUSING LAWS IN THE PIPELINE
 

Building Safety Bill
This Government Bill would make provision about the safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman. The Bill was given its first reading on 5 July 2021 and its second reading on 21 July 2021. The Bill has now been sent to a Public Bill Committee which will scrutinise the Bill line by line and is expected to report to the House by 26 October 2021. For the Bill as introduced, click here. For the Government response to the Housing, Communities and Local Government Committee's pre-legislative scrutiny of the Bill, click here. For a House of Commons Library briefing about the Bill, published on 16 July 2021, click here. To follow progress of the Bill, click here.

Leasehold Reform (Ground Rent) Bill
This Government Bill would make provision about the rent payable under long leases of dwellings. First reading in the House of Lords took place on 12 May 2021. Second reading took place on 24 May 2021. The Bill completed its committee stage on 14 June 2021 and report stage on 20 July 2021. The third reading will take place on a date to be scheduled. For the Bill as amended at the report stage, click here. To follow progress of the Bill, click here.

Evictions (Universal Credit) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Housing Standards (Refugees and Asylum Seekers) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for national minimum standards in accommodation offered to refugees and asylum seekers. It was presented to Parliament on 21 June 2021 and will receive its second reading on 21 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Under-Occupancy Penalty (Report) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would require the Secretary of State to report to Parliament on the merits of repealing those provisions of the Welfare Reform Act 2012 which provide for persons to be paid reduced rates of housing benefit or Universal Credit because their accommodation is deemed to be under-occupied. It was presented to Parliament on 21 June 2021 and will receive its second reading on 14 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Asylum Seekers (Accommodation Eviction Procedures) Bill
This Private Members’ Bill, sponsored by Chris Stephens, would make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal; and establish asylum seeker accommodation eviction procedures for public authorities. It was presented to Parliament on 21 June 2021 and will receive its second reading on 3 December 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Sites Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the requirements for caravan site licence applications made under the Caravan Sites and Control of Development Act 1960. It was presented to Parliament on 21 June 2021 and will receive its second reading on 29 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Mobile Homes Act 1983 (Amendment) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would amend the Mobile Homes Act 1983. It was presented to Parliament on 21 June 2021 and will receive its second reading on 28 January 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Site Licensing (Exemptions of Motor Homes) Bill
This Private Members’ Bill, sponsored by Sir Christopher Chope, would exempt motor homes from caravan site licensing requirements. It was presented to Parliament on 21 June 2021 and will receive its second reading on 29 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

Homeless People (Current Accounts) Bill
This Private Members’ Bill, sponsored by Peter Bone, would require banks to provide current accounts for homeless people seeking work. It was presented to Parliament on 21 June 2021 and will receive its second reading on 22 October 2021.The Bill awaits publication. To follow progress of the Bill, click here.

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HOUSING LAW CONSULTATIONS
 

Warm Home Discount: better targeted support from 2022
The Warm Home Discount scheme obliges participating energy suppliers to provide rebates to their customers, to reduce energy bills for low-income and vulnerable households and tackle fuel poverty.

This consultation proposes to expand and reform the scheme in England and Wales until 2026, in line with the commitments announced in the Energy White Paper in 2020. The objective of the reforms is to improve the fuel poverty targeting rate of the scheme and ensure more fuel poor households can receive rebates on their energy bills automatically, through the use of data matching. The Department for Business, Energy & Industrial Strategy would particularly welcome responses from energy suppliers and charities and other organisations focusing on fuel poverty and vulnerable people.

For the consultation, which closes on 22 August 2021, click here.

The Building Safety Levy
This consultation seeks views on the design of a proposed levy on developers who seek regulatory permission to build certain high rise residential buildings. The consultation also seeks evidence of possible impacts on housing supply and regeneration, and the housebuilding industry.

The powers to create and set the terms of the levy are set out in the Building Safety Bill. Subject to the passage of the Bill through Parliament, this levy will apply to developments in England seeking building control approval from the Building Safety Regulator to start construction of certain buildings: the “Gateway 2” stage of the new building safety regime.

For documents relating to the consultation, which closes on 15 October 2021, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

Surrender to the churn – deposits and shared houses Giles Peaker Nearly Legal 20 July 2021 – to read the article, click here

Our housing system should provide a safe haven for people seeking protection Ashley Campbell Chartered Institute of Housing 21 July 2021 – to read the article, click here

The shared ownership leases – Affordable Homes Programme 2021 to 2026 Suzanne Benson and Keith Cornell Trowers & Hamlins 22 July 2021 – to read the article, click here

How to ensure better protection for tenants around the country Shona Ali Local Government Lawyer 23 July 2021 – to read the article, click here

How to Rent and Easy Read – updates and issues Giles Peaker Nearly Legal 24 July 2021 – to read the article, click here

Expert Statement on Building Safety: Medium and lower-rise buildings Michael Wharfe and Mark London Devonshires 26 July 2021 – to read the article, click here

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

HOUSING LAW DIARY
 

7 August 2021                                      
Civil Procedure (Amendment No. 4) Rules 2021 come into force in respect of rule 12 which amends Part 83.8A (notice of execution of writs and warrants of possession)

22 August 2021                                    
Deadline for submissions to the consultation on the Warm Home Discount: better targeted support from 2022 (see Housing Law Consultations)

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RECRUITMENT

Featured Job of the Week

Homeless Prevention Officers x2
(Ref No: CHOU997)

Temporary 2 year Fixed Term Contract

£23,541 pa - £25,991 pa  + Car Allowance up to £1,239 pa

Mid Sussex District Council is an ambitious, forward thinking local authority and a great employer to work for, with great staff benefits to offer, including subsided leisure centre membership, generous holiday, pension and free car parking.

We are looking for a Homeless Prevention Officer to join our busy frontline Housing Needs Team to implement the new Prevention Duty under the Homelessness Reduction Act 2017.

You will be able to work on your own initiative and have a positive, enthusiastic, and cheerful attitude towards the public and colleagues.  You will have excellent interpersonal skills, including the ability to communicate calmly even when under pressure.  

Detailed knowledge of homelessness legislation, welfare benefits and landlord & tenant law would be desirable but is not essential.  Keeping clear and concise records will be an essential part of your work.  You will also be expected to visit people in their own homes.

For an informal discussion about the role(s), please contact Samantha Horne, Housing Needs Team Manager, on 01444 477429 or via email  samantha.horne@midsussex.gov.uk.

For a recruitment pack, apply on-line by visiting the Jobs at Mid Sussex section of our website by clicking here. For more details about the position, click here. CVs will not be accepted.  Please note that any job offer is subject to Basic Disclosure and Barring Service (DBS) clearance.

Close Date: 9th August 2021 . Interview Date: 19th/20th August 2021

 
 
Private Sector Housing Team Manager
Royal Borough of Kensington and Chelsea
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ASB Team Leader
Sheffield City Council
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Nuisance and Anti-Social Behaviour Caseworker
Crawley Borough Council
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Domestic Abuse Housing Coordinator
London Borough of Hammersmith and Fulham
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Domestic Abuse Act Officer
London Borough of Merton
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Housing Solutions Officer
Sheffield City Council
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Private Sector Housing Manager
Brighton and Hove City Council
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Senior Housing Needs Officer – Emergency Placements
Brighton and Hove City Council
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Housing Needs Officer
Brighton and Hove City Council
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Housing Management Administrator
Hightown Housing Association
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Senior Empty Homes Enforcement Officer
London Borough of Waltham Forest
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Senior Housing Development and Supply Officer
London Borough of Hounslow
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