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HOUSING
LAW NEWS & POLICY ISSUES
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Legal support pilot for housing
disrepair issues
On 24 June 2021 the Ministry of Justice
launched an online tool providing
individuals with tailored information,
guidance and signposting to help them
resolve housing disrepair issues in
private rented accommodation. The online
tool will take individuals “through a
guided pathway to establish what the
issue is and offer them tailored
information, guidance and signposting”.
The aim is to help them understand their
rights and responsibilities, and
identify an appropriate next step when
trying to resolve issues before their
problems escalate. For more information,
click
here.
Legal aid statistics quarterly:
January to March 2021
On 24 June 2021 the Ministry of Justice
published legal aid statistics for
January to March 2021. During that
period, there were 5,983 legally aided
housing cases (down 27 per cent on a
year ago) costing £5.2 million (down 21
per cent on a year ago). Over 80 per
cent of housing work volume is made up
of legal help (ie advice and assistance
about a legal problem, but not including
representation or advocacy in
proceedings). In January to March 2021
there was a 16 per cent decrease in
housing work starts compared to the same
quarter the previous year. There were
also decreases in completed claims (25
per cent) and expenditure (18 per cent).
For the full statistics, click
here.
Rough sleeping
On 22 June 2021 the MHCLG set out plans
to build on the ‘Everyone In’ programme
through a renewed focus on cross-agency
cooperation involving local NHS trusts,
Public Health England and councils “to
tackle the complex root causes of rough
sleeping”. Councils have also been asked
to refresh local plans to end rough
sleeping and to agree operational
targets for reducing rough sleeping in
their area this year. For more details,
click
here.
Housing statistics 1 April 2020
to 31 March 2021
On 22 June 2021 Homes England published
statistics on housing starts on site and
housing completions delivered by it
between 1 April 2020 and 31 March 2021.
During that period:~
- There were 37,330 housing starts on
site and 34,995 housing completions
delivered through programmes managed
by Homes England in England (excluding
London for all programmes except those
administered by Homes England on
behalf of the Greater London Authority
(GLA)).
- Levels of starts were the lowest
since 2015-16 and levels of
completions were the lowest since
2017-18. This represents a decrease of
21 per cent on the 35,909 affordable
homes started in 2019-20, when they
accounted for 75 per cent of all
housing starts.
- 28,191 or 76 per cent of housing
starts on site in 2020-21 were for
affordable homes.
- 10,713 affordable homes started were
for Affordable Rent, a reduction of 37
per cent on the 17,012 started in
2019-20.
For the full statistics, click
here.
Benefit cap: number of
households capped to February 2021
On 22 June 2021 the DWP
published statistics on households that
have had their benefits capped between
15 April 2013 and February 2021. The
figures show:
- 200,000 households had their benefit
capped at February 2021, an increase
of 13 per cent on the previous
quarter.
- 43,000 households became capped for
the first time in the quarter to
February 2021.
- 2.9 per cent of households claiming
HB or UC had their benefits capped at
February 2021, compared with 2.7 per
cent at November 2020.
- 60 per cent of households that have
ever been capped were no longer capped
at February 2021, of these 27 per cent
(83,000) of households were no longer
capped due to working or earning
enough to be exempt from the cap.
- 19 per cent of all households that
previously had their UC capped, moved
off the cap because of earnings.
- 30 per cent of households that
previously had their HB capped, moved
off the cap with an open Working Tax
Credit (WTC) claim.
For the full statistics, click
here. For the response
of Crisis to the latest figures, click
here.
Unauthorised encampments
On 22 June 2021 Homeless Link set out
its concerns about Part 4 of the Police,
Crime, Sentencing and Courts Bill, which
is currently proceeding through
Parliament. Part 4 relates to
unauthorised encampments and has not yet
been the subject of much scrutiny. Along
with voices across the homelessness
sector, Homeless Link is calling for
Part 4 to be scrapped. The concern of
Homeless Link is that the legislation
could be used against people sleeping
rough or sleeping in cars. For more
details, click
here.
Complaints to the Housing
Ombudsman
On 23 June 2021 the Housing Ombudsman
published the latest Insight report
covering January to March 2021. It shows
a significant increase in the number of
enquiries and complaints received
compared to the same quarter in 2020,
going up by 73 per cent. In March 2020
the number had declined due to the
impact of the Covid-19 lockdown coming
into force but has gradually increased
over the year and has now exceeded the
previous year. For the report, click
here.
Housing supply to lower-income
private renters: report
On 22 June 2021 the University
of York published a report finding that
reduced investment in social housing and
the sale of social housing stock via
right to buy have led to an increased
reliance on the private rented sector by
low-income households. The authors of
the study say the new research poses
questions on how far it is viable for
private landlords to play that role, and
whether the future supply of property
will be robust and sustainable. The
research has also found that Universal
Credit is having a big impact on
landlords’ letting decisions. For the
report, click
here. For a press
release in respect of it, click
here. For the response
of the National Residential Landlords
Association, click
here.
Asylum seekers, homelessness and
Covid-19
On 22 June 2021 the Guardian
reported that the High Court had quashed a
judgment of the asylum support tribunal
stating that refused asylum seekers who
are destitute must be given accommodation
during the pandemic until all
Covid-related restrictions are lifted. The
Home Office brought judicial review
proceedings in respect of the decision of
the tribunal. For the report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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Leasehold Reform (Ground
Rent) Bill
This Government Bill would make
provision about the rent payable under
long leases of dwellings. 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. The
Bill will now proceed to the report
stage which is yet to be scheduled. For
the Bill as introduced, 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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Minister v Hathaway &
Anor [2021]
EWCA Civ 936 (23 June 2021)
The issue in this appeal was whether a
s.21 Housing Act 1988 notice was invalid
because no energy performance
certificate (“EPC”) had been served on
the tenant prior to service of the s.21
notice.
The facts
The Landlords granted the Tenant an AST
for a fixed term of one year commencing
in March 2008. From March 2009 onwards,
the Tenant occupied the flat as a
monthly statutory periodic tenancy. In
December 2018, the Landlords served a
s.21 notice on the Tenant. It was common
ground that no EPC had been served on
the Tenant prior to that date.
In February 2019, the Landlords issued
possession proceedings. At first
instance, the district judge held that
service of an EPC was required and the
s.21 notice was therefore invalid. On
appeal in April 2020, it was held that
service of an EPC was not required and
therefore the s.21 notice was valid.
Permission was granted to the Tenant for
a second appeal as the issue divided
judges and commentators.
In the Court of Appeal
The central issue was whether the
requirement in regulation 6(5) of the
Energy Performance of Buildings (England
and Wales) Regulations 2012 (to provide
an energy performance certificate to a
tenant or buyer free of charge), with
which compliance is required by
regulation 2(1)(a) of the Assured
Shorthold Tenancy Notices and Prescribed
Requirements (England) Regulations 2015
for the purposes of s.21 HA 1988,
applied to this tenancy.
The Landlords argued that the
requirement did not apply because the
tenancy was not “an assured shorthold
tenancy of a dwelling-house in England
granted on or after 1st October 2015”
within the meaning of regulation 1(3) of
the 2015 Regulations. The Tenant
contended that the requirement did apply
by virtue of s.41(3) of the Deregulation
Act 2015, because the tenancy was an AST
of a dwelling-house in England which was
in existence on 1st October 2018.
The Court of Appeal unanimously held
that the Landlords were correct. By
virtue of s.5(2) and s.3(b) of the HA
1988, the Tenant’s statutory periodic
tenancy was deemed to have been granted
in March 2009. The Tenant’s reliance on
s.41(3) of the 2015 Act was misplaced.
Section 21A(1) applied only if and to
the extent that the Secretary of State
exercised the power conferred by section
21A(2) to prescribe requirements [at
23]. The Secretary of State exercised
the power conferred by section 21A(2) HA
1988 Act by making regulation 2 of the
2015 Regulations. Regulation 1(3) of the
2015 Regulations provided that those
requirements applied only to assured
shorthold tenancies granted on or after
1 October 2015. From 1 October 2018, the
Secretary of State had the power by
virtue of section 41(3) to extend the
scope of regulation 2 to any assured
shorthold tenancy in existence on that
date. The Secretary of State has not
exercised that power [at 26].
Further, it was not accepted that if
regulation 1(3) were to be interpreted
as applying to regulation 2 in a case
such as this, it would be ultra vires
[at 28] or that there was significance
in the different wording of sections
21(8) and 21B(1) of the HA 1988, which
seemed to simply reflect the different
purposes of the respective provisions
[at 29].
The appeal of the Tenant was therefore
dismissed.
Summary by Henry
Percy-Raine, barrister, Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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Domestic abuse support within
safe accommodation: statutory guidance
and regulations consultation
In this consultation, the MHCLG
seeks views on the draft statutory
guidance and the following draft
statutory instruments:
- The Domestic Abuse Support (Relevant
Accommodation) Regulations 2021
- The Domestic Abuse (Local Authority
Strategies) Regulations 2021
On 29 April the Domestic Abuse Act
2021 received Royal Assent. The Act
includes within Part 4 (sections 57-61)
new duties on tier 1 local authorities
in England relating to the provision of
support for victims and their children
residing within relevant safe
accommodation and a duty on tier 2
authorities to co-operate with tier 1
authorities.
The Act also places a requirement to
consult on the statutory guidance and
two regulations. Under section 60 of
Part 4 of the Act, the Secretary of
State is required to consult on and
issue statutory guidance to assist local
authorities in exercising their new
functions. Once finalised, local
authorities will need to have regard to
the guidance in exercising their
functions.
For the consultation documents, click
here. The consultation
closes on 27 July 2021.
Personal Emergency Evacuation
Plans
Following the Fire Safety Consultation,
which ran from 20 July to 12 October
2020, the Home Office is seeking views
on new proposals to implement the
Grenfell Tower Inquiry Phase 1
recommendations on Personal Emergency
Evacuation Plans (PEEPs) in high-rise
residential buildings. This consultation
supports delivery of two of the Grenfell
Tower Inquiry Phase 1 recommendations
and is part of the government’s package
of reforms to improve building and fire
safety in all regulated premises where
people live, stay or work.
For a full package of documents to
support this consultation, which closes
on 19 July 2021, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Second homes are a gross
injustice, yet the UK government
encourages them George
Monbiot Guardian 23 June 2021
– to read the article, click
here
Planning reforms and the
threat to affordable housing Reshima
Sharma Shelter Blog 23 June
2021 – to read the article, click
here
Webinar: Social housing –
ESG and sustainability linked loans
Helen Fysh and others Trowers
and Hamlins 24 June 2021 – to
view the webinar, click
here
Supporting residents to live
well requires delivering a quality
customer experience Althea
Efunshile CIH Blog 24 June
2021 – to read the article, click
here
EPCs and pre 1 October 2015
tenancies Giles Peaker
Nearly Legal 27 June 2021 – to
read the article, click
here
Hostels from hell: the
‘supported housing’ that blights
Birmingham Tom Wall Observer
27 June 2021 – to read the article, click
here
A reasonable excuse defence
to an RRO – ‘they told me they’d
tell me’ Giles Peaker
Nearly Legal 27 June 2021 – to
read the article, click
here
New ‘Right to Rent’ rules
for EU citizens: A disaster waiting
to happen Cecil Sagoe
Shelter Blog 28 June 2021 – to
read the article, click
here
Much of modern housing law
is built on the instability of
naming things Marina
Sergides and Simon Mullings Legal
Action June 2021 – to read the
article, click
here
Housing: recent developments
(June 21) Jan Luba QC
and Sam Madge-Wyld Legal Action
June 2021 – to read the article
(subscription required), click
here
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30 June 2021
Coronavirus Act 2020 (Residential
Tenancies: Extension of Period of
Protection from Eviction) (No. 2)
(Wales) Regulations 2021 come into force
1 July 2021
Councils will begin to accept
applications from mobile home site
owners to be registered as a ‘fit and
proper person’
19 July 2021
Closing date for responses to the
consultation on Personal Emergency
Evacuation Plans (see Housing Law
Consultations)
27 July 2021
Closing date for responses to the
consultation on Domestic abuse support
within safe accommodation: statutory
guidance and regulations consultation
(see Housing Law Consultations)
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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
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Featured
Job of the Week
Hammersmith
& Fulham Law Centre
Housing
Solicitor
Salary: £31,000 -
£42,000 (depending on experience)
Working hours: 35 per week
Initial contract: 1 year
fixed, with a view to extending
Benefits include 30 days
annual leave, the possibility of
flexible working and significant
opportunities for learning and
development. We have newly refurbished
offices in Hammersmith which are on the
Piccadilly, District and Hammersmith
& City Line tubes.
We require a solicitor for our small,
friendly housing team.
The successful candidate will run their
own caseload of legal help and
certificated cases for clients and will
participate in the Housing Possession
Court Duty Scheme. We also hold a LAA
contract in public Law, so experience of
this would be an advantage.
Hammersmith & Fulham Law Centre is
an equal opportunities employer and
encourages applications from all
candidates who meet the person
specification regardless of age,
religion, gender, sexual orientation,
disability or race.
For an application pack please
email: bianca.hines@hflaw.org.uk
Closing date: Friday, 16 July
2021 at 5pm
Interviews: w/c 19 July 2021
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Case
Officer – Resident Support
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Senior
Area Housing Manager (South)
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Homelessness
Prevention and Advice Officer
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Rent
Accounts Officer (Job Share)
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Neighbourhood
Officer x 6
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Rough
Sleeper Floating Support Worker
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Apprentice
Private Housing Standards Officer
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Housing
Solutions Prevention Officer
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Tonbridge
& Malling Borough Council
Click
here for
details
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Temporary
Accommodation Contracts Manager
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London
Borough of Waltham Forest
Click
here for
details
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Housing
Systems Co-ordinator (temporary up to 12
months)
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Lime Legal
Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
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