2nd March 2022
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HOUSING LAW NEWS & POLICY ISSUES
 

Homelessness: councils warn of ‘tidal wave’
On 22 February 2022 Crisis reported findings from the Homelessness Monitor: England 2022, commissioned by the charity and led by Heriot-Watt University. The report found that of 155 councils surveyed across England, nearly all (97 per cent) say the end of the eviction ban will lead to an increase in homelessness, while 80 per cent say the recent £20 cut to universal credit will contribute to rising homelessness. The overwhelming majority also warn that other financial policies such as the freeze on Local Housing Allowance (LHA) rates (77 per cent) and the benefit cap (71 per cent) are likely to cause an increase in homelessness in their areas.

One council in the south said: “We are expecting a tidal wave, to put it mildly. It is going to be a very, very busy couple of years. The impact of the pandemic is just beginning for homelessness services.” For more details, click here.

Rough sleeping snapshot in England: autumn 2021
On 24 February 2022 the DLUHC published a statistical release about the annual single night snapshot of the number of people sleeping rough in local authorities across England. The main findings are:

  • The number of people estimated to be sleeping rough on a single night in autumn has fallen for the fourth year in a row from its peak in 2017. At the same time, the number of people estimated to be currently in emergency accommodation has fallen by over half on the same period last year.
  • The snapshot overall remains higher than 2010 when the snapshot approach was introduced.
  • There were 2,440 people estimated to be sleeping rough on a single night in autumn 2021. This is down by 250 people or 9 per cent from last year and down 49 per cent from the peak in 2017 but is up by 670 people or 38 per cent since 2010. At the same time, the number of people estimated to be in emergency and short-term accommodation in November is down 5,490 people or 56 per cent from the same period last year.
  • Rough sleeping decreased in every region of England compared to the previous year. The largest decrease in the number of people estimated to be sleeping rough was in London, where there were 640 people this year compared to 710 people last year. This is down by 70 people or 10 per cent from last year.
  • Nearly half (45 per cent) of all people sleeping rough on a single night in autumn were in London and the South East.
  • Most people sleeping rough in England were male, aged over 26 years old and from the UK. This is similar to previous years.
  • Unlike last year, this year’s rough sleeping snapshot did not coincide with significant Covid-19 related restrictions which may have impacted people’s risk of rough sleeping.
  • Throughout the pandemic government has, working with local authorities, put in place significant support to accommodate and those sleeping rough or at risk of sleeping rough in order to protect them from Covid-19. By November 2021, there were nearly 4,300 people in emergency and short-term accommodation who would otherwise have been sleeping rough or were at risk of sleeping rough, and over 40,000 people who had already moved on into longer-term accommodation since the pandemic began.

For the full report, click here. For a DLUHC press release, click here. For a response by Crisis, click here. For comment by Homeless Link, click here and for that of Shelter, click here.

Employment for former rough sleepers
On 22 February 2022 government ministers called on business and charity leaders to be more generous in offering employment opportunities to former homeless people, challenging the stigma around giving jobs to people who have been living on the streets. At a virtual round table, Minister for Rough Sleeping and Housing, Eddie Hughes, and Minister for Welfare Delivery, David Rutley, stressed that finding jobs for people was key to helping to end homelessness and called on businesses to do more. For more details, click here.

Social Housing Reform in England: What Next?
On 25 February 2022 the House of Commons Library published a briefing paper outlining the measures set out in the Government's social housing white paper, stakeholder reaction and the next steps. For the paper, click here.

Voluntary Right to Buy Midlands pilot: annual figures
On 24 February 2022 the DLUHC published annual data from the Voluntary Right to Buy Midlands pilot. The data show:

  • 44 housing associations took part in the VRtB Midlands pilot, of which 42 have completed at least one VRtB sale as of 30 September 2021.
  • There have been 1,839 completed sales by 30 September 2021.
  • £118.8m has been spent by the DLUHC on funding the discount amount from sales that is paid to the pilot housing associations.
  • The net receipts that housing associations have received from VRtB sales, and which will be spent on replacement homes, total £192.2m.
  • A further £35.8m of Recycled Capital Grant Funding has been retrieved from VRtB sales and is available to be spent on replacement homes.
  • All 42 housing associations that completed at least one VRtB sale during the Midlands pilot have plans to develop replacement homes.
  • The first VRtB sales took place in early 2019 and 437 replacement homes have been started on site as of 30 September 2021.
  • 429 of these replacement homes have been started in 2020-2021.

For the full data, click here.

Repeal of the Vagrancy Act 1824
On 28 February 2022 the Home Office published an updated policy paper in which it re-confirmed that it considers the Vagrancy Act 1824 to be antiquated and no longer fit for purpose, and that it will repeal “this outdated Act”. The government has tabled an amendment to the Police, Crime, Sentencing Courts Bill that provides for the 1824 Act to be repealed in full in England and Wales. This includes repealing section 3 of the Act, which currently makes begging an offence, and section 4 of the Act, which currently creates a range of offences including persons who sleep in an outdoor setting, or in any deserted or unoccupied building. However, in order “to ensure that the police have the tools they need the Act’s repeal will not be commenced until appropriate replacement legislation is in place”. The government says that it will seek to bring forward such replacement as soon as practicable. For the policy paper, click here. To follow progress of the Police, Crime, Sentencing Courts Bill, click here.

Homelessness and Rough Sleeping Evaluation
On 22 February 2022 the Evaluation Task Force, a joint Cabinet Office-HM Treasury unit providing specialist support, published a summary of the Homelessness and Rough Sleeping Evaluation carried out by the DLUHC. The summary shows, for example, that the estimated number of rough sleepers in 2018 (2,748) was 32 per cent lower than predicted (4,069) had RSI not been in place. For the summary, click here.

Rogue landlord ordered to pay £33K in fines and costs
On 21 February 2022 Brent Council reported that Jaydipkumar Valand had illegally sublet a seven-bedroom property in Wembley Hill Road, Wembley, housing 14 tenants, including three children. Willesden Magistrates Court ordered Mr Valand to pay £33,347.50 in fines and costs by the end of June this year. Judge Michael Oliver told Mr Valand: “Your naked greed exposed the tenants to loss of life. If there was a fire, there was a risk that people could have lost their life. Your desire to profit at the cost of others is unconscionable.” For the report, go to brent.gov.uk and click on ‘Read more news’.

Guidance on creating contracts to which model written statements do not apply – Wales
On 25 February 2022 the Welsh Government published guidance to help landlords create a written statement for an introductory standard contract, a prohibited conduct standard contract or a supported standard contract. For the document, go to wales.gov, then to ‘Housing’, and then to ‘Publications’.

Housing Ombudsman: complaints continue to rise
On 22 February 2022 the Housing Ombudsman published the latest Insight report covering October to December 2021 which shows a 53 per cent increase in the volume of enquiries and complaints received compared to the same quarter in 2020. During that period the service received 6,313 enquiries and complaints. It found maladministration in 47 per cent of cases during the period, an increase on the previous quarter. The number of orders and recommendations issued to landlords also increased by 33 per cent, with the Ombudsman making improvements for residents on 1,300 occasions. For the report, click here.

Leaseholders and building safety information – London
On 28 February 2022 the Mayor of London issued guidance setting out how landlords can raise standards and provide a better service to leaseholders when it comes to dealing with EWS1 forms (the method by which a building owner confirms that an external wall system on residential buildings has been assessed for safety by a suitable expert, in line with government guidance). Recommendations in the Mayor’s guidance include:

  • Landlords and managing agents should support leaseholders and commit to facilitating EWS1 assessments.
  • Landlords and managing agents should prioritise the most at-risk buildings for assessment.
  • Landlords and managing agents should clearly set out how the costs of an EWS1 assessment will be met, shared or reimbursed.
  • Leaseholders should be kept fully informed, about not just EWS1 assessments, but also the costs and implications of wider building safety issues.

For the Mayor’s guidance, click here.

Private rented housing: ‘demand at end of 2021 was strong’
On 23 February 2022 the National Residential Landlords Association reported the results of a survey of members which found that 56 per cent reported a rise in demand for privately rented homes in the fourth quarter of 2021. This was almost identical to the 57 per cent who saw the same trend in the third quarter of 2021. For more details, click here.

HOUSING LAWS IN THE PIPELINE
 

Social Housing (Emergency Protection of Tenancy Rights) Bill UPDATED
This Private Members' Bill, sponsored by Helen Hayes, would give social housing tenants the right to continuity of secure tenancy in circumstances when they have to move because of a threat to the personal safety of the tenant or someone in their household; and to place associated responsibilities on local authorities and social housing providers. Second reading of the Bill is scheduled to take place on 18 March 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Homeless People (Current Accounts) Bill UPDATED
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. Second reading has been further postponed to 18 March 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Caravan Sites Bill UPDATED
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. Second reading has been further postponed to 18 March 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Mobile Homes Act 1983 (Amendment) Bill UPDATED
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. Second reading has been further postponed to 18 March 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Housing Standards (Refugees and Asylum Seekers) Bill UPDATED
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. Second reading has been further postponed to 18 March 2022.The Bill awaits publication. To follow progress of the Bill, click here.

Homeless People (Current Accounts) Bill UPDATED
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. Second reading has been further postponed to 18 March 2022. The Bill awaits publication. To follow progress of the Bill, click here.

Evictions (Universal Credit) Bill UPDATED
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. Second reading has been further postponed to 18 March 2022. The Bill awaits publication. To follow progress of the Bill, click here.

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 completed its passage through the House of Commons on 19 January 2022. It received its first reading in the House of Lords on 20 February 2022. It received its second reading on 2 February 2022. The Committee stage began on 21 February 2022. For the Bill as brought from the House of Commons, 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 17 January 2022, click here. For a briefing produced by the Local Government Association, produced on 18 February 2022 and setting out four ‘core asks’, click here. To follow progress of the Bill, click here.

Fire Safety Remediation Charges (Recovery and Enforcement) Bill
This Private Members’ Bill would introduce a moratorium on recovery and enforcement action by freeholders and managing agents relating to service charges increases, fees or demands for payment in respect of leaseholders’ share of the costs of fire safety remediation work. It was presented to Parliament on 24 January 2022. Second reading is scheduled to take place on 18 March 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. Second reading was further postponed to 14 January 2022 but was nit debated on that day. 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. The second reading was postponed to 14 January 2022 but was not debated on that day.The Bill awaits publication. To follow progress of the Bill, click here.

Fire and Building Safety (Public Inquiry) Bill
This Bill, sponsored by Daisy Cooper, would establish an independent public inquiry into the Government’s response to concerns about fire and building safety. It was introduced to Parliament on Tuesday 6 July 2021 under the Ten Minute Rule. Second reading has been rescheduled to 18 March 2022. For the Bill, as introduced, 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.

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NEW HOUSING CASES
 

Minott v Cambridge City Council [2022] EWCA Civ 159

Facts

Mr Minott applied to Cambridge City Council (“Cambridge”) for assistance with homelessness on 26th March 2019. From that day Cambridge provided him with temporary accommodation under section 188 of the Housing Act 1996. In August 2019 having made enquiries, Cambridge decided that Mr Minott’s local connection was with Sandwell MBC who accepted the referral.

Mr Minott asked for a review of that decision. Cambridge refused to continue to provide him with temporary accommodation and served a notice to quit with effect from 2nd September 2019. Mr Minott thereafter refused to vacate the property. Cambridge reviewed their decision on 25th September 2019 and upheld the decision that he did not have a local connection on the basis he started to reside in Cambridge on 26th March 2019 and he had not accrued six months’ residency in the area.

Mr Minott made a fresh homelessness application to Cambridge on 17th October 2019 on grounds that he now had a local connection having lived there now for more than six months. Cambridge refused to consider that application on the ground that it did not provide any new information. Cambridge’s rationale was that from 2nd September Mr Minott’s unlawful possession of the property did not count towards ‘normal residence’ in the district. He did not, therefore, have more than six months’ residence and accordingly the facts relied upon in his fresh application were the same as those already determined.

Mr Minott unsuccessfully challenged the Cambridge’s decision in the High Court.

The decision of the Court of Appeal

Having considered the earlier authorities – principally R v Harrow LBC ex p Fahia [1988] 1 WLR 1396 and Rikha Begum v Tower Hamlets LBC  [2005] EWCA Civ 340 – the Court of Appeal outlined that when presented with a fresh application, a local authority cannot avoid the necessity of going through the full statutory inquiries pursuant to Part 7 of Housing Act 1996 unless the second application is identical to the facts found in the initial application [at 21,70]. When a housing authority receives a subsequent application, their inquiry falls into two quite separate stages:

i) Stage 1: it is an application at all? The answer will only be no if it is based on precisely the same facts as an earlier application (disregarding fanciful allegations and trivial facts);

ii) Stage 2: if it is an application, is it well-founded? That will require the housing authority to carry out the inquiries required by section 184. If an application passes stage 1, there is no available short cut [at 76].

Given that the fresh application by Mr Minott in October 2019 asserted a new factual basis that he had now accrued six months’ residence and such a fact was neither fanciful nor trivial, that was sufficient for the first stage and, accordingly, the new application should have been accepted and investigated. Cambridge had fallen into error by going straight to the second stage by considering the merits of his residence and thereafter reasoning backwards to arrive at the answer to the first stage. That was the wrong approach and the same error the court at first instance had fallen into.

Accordingly, the appeal was allowed.

Summary by Henry Percy-Raine, barrister, Trinity Chambers. For the judgment, click here

HOUSING LAW CONSULTATIONS
 

Local connection requirements for social housing for victims of domestic abuse
The DLUHC is seeking views on:

  • Proposals to introduce regulations to enable victims of domestic abuse who need to move to another local authority district to qualify for an allocation of social housing in the new area; and
  • How local authorities are making use of the existing legislation and guidance to support victims of domestic abuse who wish to move within and across local authority boundaries.

During the passage of the Domestic Abuse Act 2021 concerns were raised relating to local connection tests for domestic abuse victims who apply for social housing. The consultation closes on 10 May 2022. For the consultation document, click here.

The impacts of joint tenancies on victims of domestic abuse
The DLUHC is seeking views on the impacts of the law on joint tenancies on victims of domestic abuse in the social rented sector. It is interested in whether:

  • Perpetrators are using their ability to end a joint tenancy to threaten the victim with homelessness;
  • Victims feel trapped in their joint tenancy with the perpetrator;
  • The current guidance for social landlords is sufficient to support victims in joint tenancies; and
  • The law on transferring joint tenancies is functioning successfully for victims.

During the passage of the Domestic Abuse Act 2021, concerns were raised over the current rules on joint tenancies, which mean that victims of domestic abuse who are in a joint tenancy with their abuser can be vulnerable to the threat of being made homeless by their abuser. Should the victim want to stay in the family home, there is currently no straightforward means to remove the abuser from the tenancy and remove the risk of homelessness.

The DLUHC is gathering evidence from victims, landlords, the legal profession, advisory services and other organisations and individuals associated with the domestic abuse sector with an understanding of the issues impacting victims in joint social housing tenancies.

The consultation closes on 10 May 2022. For the consultation document, click here.

Regulator of Social Housing: Consultation on the introduction of tenant satisfaction measures
The Regulator of Social Housing is seeking views on its proposals for tenant satisfaction measures which are part of implementing changes to consumer regulation set out in the Government’s ‘The Charter for Social Housing Residents: Social Housing White Paper’. The measures would provide data about social housing landlords’ performance and the quality of their services to help tenants hold their landlord to account and help RSH in its future consumer regulation role. The Regulator looks forward to hearing from landlords, tenants and anyone with an interest in social housing by 3 March 2022. For the consultation documents, click here.

London Fire Safety Guidance
On 11 February 2022 the London Mayor launched a consultation on the draft Fire Safety London Plan Guidance (LPG). It sets out how applicants should demonstrate compliance with London Plan Policies D12 Fire Safety and D5(B5) Inclusive design (evacuation lifts) in order to demonstrate their schemes achieve the highest standards in fire safety. The Fire Safety LPG reiterates that the fire safety of developments needs be considered from the outset to ensure the most successful outcomes are achieved for building occupants and users. It is essential fire safety measures and the evacuation strategy are integral to the overall layout and design of a development, rather than considered for the first time at Building Control stage. For the consultation, that closes for submissions on 20 June 2022, click here.

HOUSING LAW ARTICLES & PUBLICATIONS
 

The Guardian view on unaffordable homes: building injustice into the economy Editorial Guardian 21 February 2022 – to read the article, click here

Being homeless should never be a crime Mike Thompson Shelter Blog 23 February 2022 – to read the article, click here

Repeat homelessness applications: Minott v Cambridge City Council [2022] EWCA Civ 159 Alexander Campbell Field Court Chambers 24 February 2022 – to read the article, click here

Money doesn’t grow on trees: how (not) to conduct an affordability exercise Charmaine Clubb Local Government Lawyer 25 February 2022 – to read the article, click here

Why LGBTQ+ people over 50 who experience homelessness need our focus too Harry Jefferson Homeless Link 25 February 2022 – to read the article, click here

Renting Homes (Wales) Act: What’s occurring? Cathrine Grubb Local Government Lawyer 25 February 2022 – to read the article, click here

Excluded grounds of possession and subsequent grounds Giles Peaker Nearly Legal 27 February 2022 – to read the article, click here

Nine questions about renting reform you've asked us on social media Nikita Quarshie Shelter Blog 28 February 2022 – to read the article, click here

HOUSING LAW DIARY
 

3 March 2022                                       
Closing date for submissions to the consultation on Regulator of Social Housing: Consultation on the introduction of tenant satisfaction measures (see Housing Law Consultations)

18 March 2022                                     
Scheduled second reading in the House of Commons of the Social Housing (Emergency Protection of Tenancy Rights) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading in the House of Commons of the Homeless People (Current Accounts) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading of the Caravan Sites Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading of the Mobile Homes Act 1983 (Amendment) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading in the House of Commons of the Housing Standards (Refugees and Asylum Seekers) Bill (see Housing Laws in the Pipeline)

18 March 2022                                     
Further postponed second reading in the House of Commons of the Housing Standards (Refugees and Asylum Seekers) Bill (see Housing Laws in the Pipeline)

18 March 2022 
Postponed second reading in the House of Commons of the Evictions (Universal Credit) Bill (see Housing Laws in the Pipeline)
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