30th June 2021
Quick Links







HOUSING LAW NEWS & POLICY ISSUES
 

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.
HOUSING LAWS IN THE PIPELINE
 

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.

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.

NEW HOUSING CASES
 

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.
HOUSING LAW CONSULTATIONS
 

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.

HOUSING LAW ARTICLES & PUBLICATIONS
 

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

HOUSING LAW DIARY
 

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)

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
RECRUITMENT


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
 
 
Case Officer – Resident Support
Tandridge District Council
Click here for details
 
 
Area Housing Manager
Runnymede Borough Council
Click here for details
 
 
Senior Area Housing Manager (South)
Runnymede Borough Council
Click here for details
 
 
Homelessness Prevention and Advice Officer
Elmbridge Borough Council
Click here for details
 
 
Rent Accounts Officer (Job Share)
Waverley Borough Council
Click here for details
 
 
Neighbourhood Officer x 6
Sheffield City Council
Click here for details
 
 
Rough Sleeper Navigator
Swindon Borough Council
Click here for details
 
 
Rough Sleeper Floating Support Worker
Breckland Council
Click here for details
 
 
Apprentice Private Housing Standards Officer
Sheffield City Council
Click here for details
 
 
Housing Solutions Prevention Officer
Tonbridge & Malling Borough Council
Click here for details
 
 
Temporary Accommodation Contracts Manager
London Borough of Waltham Forest
Click here for details
 
 
Housing Systems Co-ordinator (temporary up to 12 months)
Lewisham Council
Click here for details
 
 

Lime Legal Limited, Greengate House, 87 Pickwick Road, Corsham, Wiltshire, SN13 9B