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HOUSING
LAW NEWS & POLICY ISSUES
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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.
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HOUSING
LAWS IN THE PIPELINE
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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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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
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HOUSING
LAW CONSULTATIONS
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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.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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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
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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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