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HOUSING
LAW NEWS & POLICY ISSUES
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Housing cases in the courts:
October to December 2021
On 3 March 2022 the Ministry of
Justice published statistics for the
volume of civil and judicial review
cases dealt with by the courts between 1
October and 31 December 2021. Mortgage
and landlord possession claims were down
to 17,000 and by 46 per cent compared to
the same quarter of 2019. This decrease
has been driven by a fall in all claim
types since March 2020 due to actions
following Covid-19. The overall trend in
mortgage and landlord possession claims
has been decreasing since a peak of
60,000 in January to March 2014. For the
full statistics, click
here. For an annex
specific to mortgage and landlord
possession cases (published on 16
February 2022 and previously reported in
Housing Law Week), click
here.
Supreme Court: termination of a
flexible tenancy agreement
On 9 March 2022 the Supreme
Court will deliver judgment in Croydon
London Borough Council v Kalonga
as to whether a landlord can terminate a
flexible tenancy agreement prior to the
expiry of the fixed term if the tenancy
agreement does not expressly provide for
re-entry or forfeiture. For the
judgment, click
here. When available,
it will be listed under ‘Latest
judgments’. For the judgment in the
Court of Appeal, click
here.
Housing (Approval of Code of
Management Practice) (Student
Accommodation) (England) Order 2022
This Order, which comes into
force on 22 March 2022, approves a new
Code of Practice (and withdraws approval
of an earlier Code of Practice) laying
down standards of conduct and practice
to be followed with regard to the
management of houses in multiple
accommodation or of living accommodation
falling within Schedule 14 to the
Housing Act 2004. Certain buildings
occupied by students are excepted
accommodation pursuant to paragraph 4 of
that Schedule. The approved Code of
Practice is the Accreditation Network
UK/Unipol Code of Standards for Larger
Developments for Student Accommodation
Not Managed and Controlled by
Educational Establishments dated 1 March
2022. For the Order, click
here.
Tackling Violence against Women
and Girls – Lambeth
On 2 March 2022 the Local
Government Association published as a
case study details of the Lambeth Made
Safer VAWG Strategy 2021-27. It “has
been developed by experts by experience,
residents and those working with victims
and survivors of all forms of VAWG. It
sets out the partnership’s vision, goals
and commitments to make Lambeth a
borough where everyone is safe”. For
full details, click
here.
Social housing complaints
Since 21 February 2022 the
DLUHC have been running a second
campaign to raise awareness of, and
confidence in, the social housing
complaint making process. For the
campaign webpage, click
here.
Homelessness accommodation
provision and rough sleeping: December
2021 – Wales
On 3 March 2022 the Welsh Government
published information on persons placed
into temporary accommodation and rough
sleepers for December 2021. The main
points are:
- Throughout Wales, 967 people
presenting as homeless were placed
into temporary accommodation during
the month, 271 fewer than in November
2021. Of these, 147 were dependent
children aged under 16, a decrease of
101 from November 2021.
- At 31 December 2021, 7,372
individuals were in temporary
accommodation, an increase of 134 from
30 November 2021. 1,941 of these were
dependent children aged under 16, an
increase of 150 from 30 November 2021.
- Between the beginning of the
Covid-19 pandemic and the end of
December 2021, over 18,000 people who
were previously homeless have been
supported into emergency temporary
accommodation.
- 551 homeless individuals were moved
into suitable long-term accommodation,
20 fewer than in November 2021. Of the
individuals moved into suitable
long-term accommodation, 188 were
dependent children aged under 16, an
increase of 14 from November 2021.
- At 31 December 2021, there were an
estimated 99 individuals sleeping
rough throughout Wales. This is a
decrease of 2 from the 101 individuals
sleeping rough at 30 November 2021.
- As at 31 December 2021, Cardiff
(21), Newport (16), Caerphilly (14),
Ceredigion (10), Pembrokeshire (8),
and Powys (7) were the local
authorities reporting the highest
numbers of individuals sleeping rough.
All other local authorities reported
6, or fewer, individuals sleeping
rough, with seven local authorities
reporting zero.
For the full details, go to wales.gov,
then to ‘housing’ and then to
‘publications’.
Housing Ombudsman: new
three-year plan published
On 3 March 2022 the Housing Ombudsman
published a three-year corporate plan
for 2022-25 setting out its response to
an unprecedented increase in demand for
its service and how it will work across
the sector to promote fairness through
its investigations, strengthen local
complaint handling and encourage
learning to improve services. The plan
sets out ambitious goals built around
the Housing Ombudsman’s four values of
fairness, learning, openness and
excellence. Within these are three key
strategic programmes aiming to:
- Extend fairness – by
supporting early resolution at a local
level, strengthening the framework for
Ombudsman investigations, enhanced
thematic insights and systemic
investigations, providing evidence to
support an extension to its powers and
closing gaps in redress
- Encourage learning –
through a new Centre for Learning,
that champions learning from
complaints among social landlords, and
driving a positive complaints culture
- Increase openness – through
raising awareness and building
understanding of the Ombudsman among
all residents and collaborating with
partners to extend the reach of the
service.
For more information, click
here.
Social housing: Levelling Up
Committee hears from local authority
and housing organisations
On 3 March 2022 the Commons Levelling
Up, Housing and Communities (LUHC)
Committee held the latest oral evidence
session for its inquiry into the
regulation of social housing in England.
The LUHC Committee heard from witnesses
representing tenants, finance sectors,
and housing organisations. The first
panel of the evidence session focused on
tenant engagement and empowerment, the
stigmatisation of social housing tenants
and accusations of racism within the
sector. The second panel considered the
condition and energy efficiency of the
social housing stock and the regime for
regulating the consumer standards,
including the effectiveness of the
Decent Homes Standard. To watch the
session, click
here.
Housing Ombudsman: two severe
maladministration findings for
failings on damp and mould case
On 1 March 2022 the Housing
Ombudsman reported that two severe
maladministration findings had been made
in respect of the London Borough of
Lambeth’s significant failings in
dealing with a long-standing complaint
about damp and mould caused by leaks.
The resident had been dealing with water
coming into her property and causing
damp and mould since 2015. The Ombudsman
had previously investigated a complaint
from the resident about repairing leaks
at the property and ordered the landlord
to carry out a range of works to resolve
the issue. The landlord confirmed that
works had either been completed or were
planned. In 2020 the resident complained
to the landlord and asked for proof of
the works ordered having been completed,
and she contacted the Ombudsman. She
said the problem had been extremely
stressful and had a huge negative impact
on her and her family’s wellbeing, as
well as their use and enjoyment of their
home. The Ombudsman found (i) severe
maladministration for the landlord’s
failings in dealing with the leaks and
associated damp and mould at the
property and (ii) severe
maladministration for the landlord’s
handling of the complaint with long
delays and failure to address the
complaint in any meaningful way. For a
case summary, click
here.
Private renting and Ukrainian
refugees
On 1 March 2022 the National Residential
Landlords Association called on the
Government to provide landlords with
additional guidance on how they can flag
the availability of properties which can
house individuals or families fleeing
the Ukraine conflict. For the press
release, click
here.
‘Almost 85,000 new private
rented homes a year needed in London’:
NRLA
On 3 March 2022 the National
Residential Landlords Association
published the finding of a new report
that London needs almost 85,000 new
private rented homes a year to meet its
housing needs. The report, authored by
economics consultancy Capital Economics
and commissioned by the NRLA, reveals
the shortage in the supply of rented
homes across London. The conclusions are
based on government targets which state
that 340,000 homes a year must be built
across the UK by the middle of this
decade to meet future demand. For more
details, click
here.
How to report suspicions of
fraud, bribery or corruption at the
RSH
On 28 February 2022 the Regulator of
Social Housing published guidance as to
how to report suspicions of fraud,
bribery or corruption at the RSH,
including the contact details for doing
so. For the guidance, click
here.
Non-British rough sleepers
On 6 March 2022 the Observer
reported that “the personal data of
dozens of non-British rough sleepers has
been shared with the Home Office under a
controversial programme that could lead
to their deportation”. According to
documents obtained by Liberty
Investigates and the Observer,
councils and homelessness charities have
shared the details of homeless people 85
times with the Home Office under the
Rough Sleeping Support Service. The Home
Office has not disclosed how many people
have been removed from the UK. For the
report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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Building Safety Bill UPDATED
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 was
concluded on 2 March 2022. For the Bill
as amended in Committee, click
here. The Report stage
is yet to be scheduled. 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.
Social Housing (Emergency
Protection of Tenancy Rights) Bill
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
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
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
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
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
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
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.
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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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.
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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Neglecting owner occupied
homes is a missed opportunity to
level up David Orr Centre
for Ageing Better 1 March 2022 –
to read the article, click
here
Helping the homeless in the
cost of living crisis
Centrepoint 1 March 2022 – to
read the article, click
here
"Everyone In”: policy or no
policy and the duty to
consult/publish
Matthew Feldman Local Government
Lawyer 2 March 2022 – to read the
article, click
here
Property Guardians and HMOs
– they are, you know Giles
Peaker Nearly Legal 2 March
2022 – to read the article, click
here
Right to Buy receipts: the
new acquisition cap Scott
Dorling and Sarah Monaghan Trowers
& Hamlins 2 March 2022 – to
read the article, click
here
Seeking ASB injunctions
Sara Powell Local Government Lawyer
2 March 2022 – to read the article,
click
here
Key points for local
authorities and housing
associations: Government Response to
the Transforming Public Procurement
consultation Rebecca
Rees and Stuart Brown Trowers &
Hamlins 2 March 2022 – to read
the article, click
here
The new shared ownership
model leases – FAQs Keith
Cornell and Suzanne Benson Trowers
& Hamlins 2 March 2022 – to
read the article, click
here
The Building Safety Bill:
the Amendments Devonshires
2 March 2022 – to read the
article, click
here
Offering deferred payment
arrangements to leaseholders while
remaining compliant with FCA
regulation Tom
Wainwright Trowers & Hamlins
2 March 2022 – to read the article, click
here
Levelling Up and housing Lee
Stone Local Government Lawyer
2 March 2022 – to read the article, click
here
This is how we've campaigned
to fix renting – so, what next?
James Austin Shelter Blog 3
March 2022 – to read the article, click
here
An HMO by any other name… Alexander
Campbell Field Court Chambers
4 March 2022 – to read the article, click
here
Housing: recent developments
(March 22) Sam
Madge-Wyld and Jan Luba QC Legal
Action – to read the article
(subscription required), click
here
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9 March 2022
Supreme Court to deliver judgment
in Croydon London Borough Council v
Kalonga as to whether a landlord
can terminate a flexible tenancy
agreement prior to the expiry of the
fixed term if the tenancy agreement does
not expressly provide for re-entry or
forfeiture
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)
22 March 2022
The Housing (Approval of Code of
Management Practice) (Student
Accommodation) (England) Order 2022
comes into force (see Housing Law
News and Policy Issues)
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