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HOUSING
LAW NEWS & POLICY ISSUES
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New online service to track
remediation of high risk buildings
On 20 January 2022 the DLUHC announced
that under the new Leaseholder and
Resident Service, those living in tower
blocks will have access to updates on
the status of their building’s
application to the government’s Building
Safety Fund. This will help leaseholders
to understand where their building is in
the process. The tailored service is
designed to speed up the process of
removing unsafe non-ACM cladding from
the highest risk buildings, forcing
building owners to be more transparent,
and exposing those who have failed to
take action to make their buildings
safe. To access the service, click
here.
Standards in social housing
On 18 January 2022 the DLUHC
announced a review of staff training and
qualifications to improve social housing
services, ensure residents’ complaints
are dealt with effectively, and make
sure homes are of good quality. The
review will seek landlords’, residents’
and trade bodies’ recommendations and
will also consider whether additional
training is required to improve the
service to residents. For more
information, click
here.
Combustible cladding
manufacturers
On 23 January 2022 Michael
Gove, the Secretary of State for
Levelling Up, threatened a UK trading
ban on manufacturers of combustible
cladding and insulation unless they
agree by March 2022 to pay to fix
dangerous housing. The warning was
included in a letter from Mr Gove to the
Construction Products Association. For
the letter, click
here.
Right to rent checks
On 19 January 2022 the Home Office
announced that new digital identity
checking technology which the Home
Office says will make it quicker, safer
and more convenient for landlords to
carry out right to rent checks, will be
introduced from 6 April 2022. From that
date certified identity service
providers (IDSPs) will be able to use
Identification Document Validation
Technology (IDVT) to conduct right to
rent checks on behalf of British and
Irish citizens. IDSPs will allow people
to verify their identity remotely and
prove their eligibility to work or rent,
which the Government says will reduce
the costs of recruitment and letting
processes. For more information, click
here.
Building safety funding inquiry
launched by Commons Committee
On 19 January 2022 the House of
Commons Levelling Up, Housing and
Communities (LUHC) Committee launched an
inquiry into building safety and issues
relating to funding and remediation. The
Committee’s inquiry will examine the
announcements made by Secretary of State
Michael Gove in his statement to the
House of Commons on 10 January 2022. For
more details including the full inquiry
terms of reference, click
here. For the
announcement by Michael Gove, click
here.
Successful applicants for LGA
Housing Advisers’ Programme announced
On 18 January 2022 the Local
Government Association announced the 30
successful projects, supporting 90
councils, for its Housing Advisers
Programme 2021/22 (HAP), an innovative
scheme to help councils overcome housing
challenges in their local areas, address
the housing crisis and meet the housing
needs of local communities. For a full
list of this year’s success applicants
and more information about the
programme, click
here.
Judicial Review and Courts Bill:
Progress of the Bill
On 21 January 2022 the House of Commons
Library published a paper summarising
the amendments made to the Judicial
Review and Courts Bill in Committee and
the main issues that were debated. The
Bill would reform rules affecting
judicial reviews and bring in changes to
the court system. It was considered by a
Public Bill Committee over 11 sittings
between 2 and 18 November 2021 and is
due to have its Commons report stage on
25 January 2022. For the paper, click
here.
Private rental growth measures:
January to December 2021
On 20 January 2022 the Office
for National Statistics published a
comparison of growth in the Index of
Private Housing Rental Prices (IPHRP)
with other measures of private rental
growth. It found that the IPHRP, as a
measure of the stock of private rents,
is a more stable index compared with the
newly let private measures. The IPHRP
for December 2021, published on 19
January 2022, showed that:
- Private rental prices paid by
tenants in the UK rose by 1.8 per cent
in the 12 months to December 2021, up
from 1.7 per cent in the 12 months to
November 2021.
- Private rental prices grew by 1.8
per cent in England, 1.5 per cent in
Wales and 2.3 per cent in Scotland in
the 12 months to December 2021.
- The East Midlands saw the highest
annual growth in private rental prices
(3.3 per cent), while London saw the
lowest (negative 0.1 per cent).
For the IPHRP for December 2021, click
here. For the
comparison document, click
here.
Letting agents’ experiences of
operating the Non-Resident Landlord
Scheme
On 20January 2022 HM Revenue &
Customs published research exploring
letting agents’ experiences of operating
the Non-Resident Landlord (NRL) Scheme.
The NRL Scheme is a withholding tax
regime to ensure tax is collected from
overseas landlords on their UK property
income. The research explored emerging
themes relating to: awareness and
understanding of the NRL Scheme;
experiences of operating the NRL Scheme;
and suggestions to improve the NRL
Scheme. For the research, click
here.
Hoarding in council housing
On 20 January 2022 ARCH reported that it
had been contacted by HoardingUK, a
charity dedicated to supporting people
affected by hoarding behaviours, who are
looking to work with local authority
landlords to help tackle and support
tenants and residents with hoarding
behaviours who may present a risk to
themselves and others. Any ARCH member
councils interested in working with
HoardingUK to tackle problems of
hoarding within their area are invited
to contact ARCH Chief Executive John
Bibby and they will be put in touch with
HoardingUK. For more information,
including contact details, click
here.
Government defeated as Lords
vote for repeal of Vagrancy Act
On 18 January 2022 the House of Lords
voted in favour of an amendment to the
Police, Crime, Courts and Sentencing
Bill to abolish the Vagrancy Act 1824.
The legislation criminalises rough
sleeping and begging. The amendment to
include its repeal was tabled by Lord
Best, following a campaign by Crisis,
with support from MPs and peers of all
parties and crossbenchers. Ministers in
the Lords did not support the amendment
and were defeated by 144 votes to 101.
The amendment will now be included in
the Bill as it is sent back to the House
of Commons for MPs' approval. For a
report by Crisis, click
here. To follow
progress of the Bill, click
here.
Help to Buy Wales: guidance on
external cladding affected properties
On 21 January 2022 the Welsh Government
published guidance on external cladding
affected properties for RICS valuers who
might be instructed to carry out a
market valuation on such a property
where a Help to Buy Wales shared equity
loan is held . For the guidance, go to
wales.gov, click on ‘Housing’ and then
‘Publications’.
Severe maladministration for
serious failures on dealing with mould
in resident’s home: Housing Ombudsman
On 18 January 2022 the Housing
Ombudsman reported that it had found
that Great Yarmouth Borough Council
failed to deal with mould growth
throughout a resident’s home that was
causing damage, and then delayed in
putting right faulty improvement works
that worsened the situation. It took
more than 12 months to put right
failures in its installation of new
windows and doors at the property. These
failings had a significant impact on the
resident’s living conditions and the
landlord’s compensation award of £500
did not offer sufficient redress for
this. The Ombudsman’s investigation
found severe maladministration by the
landlord in its handling of the repairs
and improvement works to the resident’s
property and service failure for its
complaint handling. The Ombudsman
ordered the landlord to apologise to the
resident and pay additional compensation
of £1,700. It also ordered the landlord
to review its handling of the case to
avoid similar situations. For the
report, click
here.
Charter to protect London
leaseholders launched
On 21 January 2022 the Mayor of London,
Sadiq Khan, launched a new Service
Charges Charter. The Charter includes a
set of commitments that housing
providers are expected to comply with to
improve the experience of London
leaseholders. It has four overarching
themes:
- Transparency – ensuring
leaseholders are provided with the
information they need to understand
their service charges
- Affordability – ensuring that
leaseholders can afford the service
charges imposed upon them
- Design – encouraging design
approaches for new build developments
that minimise the need for service
charges while ensuring high quality
design
- Challenge and redress – making
leaseholders aware of how to challenge
their service charges and the routes
to redress that are available to them.
For more details, click
here.
Universal Credit and rent
On 20 January 2022 the National
Residential Landlords Association reported
the results of a YouGov poll of private
landlords across England and Wales that
found that almost one in ten private
landlords (9 per cent) renting to
Universal Credit claimants have
experienced at least one tenant having
difficulties paying their rent due to
benefit cuts. The NRLA is warning that
this will only become worse as a result of
the Government’s decision last year to
freeze in cash terms housing cost support.
As a result, in the years ahead the level
of benefit support available will be able
to cover the rent on ever fewer numbers of
properties. For the report, click
here.
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HOUSING
LAWS IN THE PIPELINE
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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.
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 28
January 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 and its second reading was
been further postponed to 28
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. 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.
Leasehold Reform (Ground
Rent) Bill
This Government Bill would make
provision about the rent payable under
long leases of dwellings. The Bill
completed its House of Lords stages on
14 September 2021 and was presented to
the House of Commons on 15 September
2021. The Bill received its second
reading debate on 29 November 2021. The
Public Bill Committee reported the Bill
with amendments to the House on 9
December 2021. The Bill was due to have
its third reading on 24 January 2022.
For the Bill as brought from the House
of Lords, click
here. For a House of
Commons Library briefing concerning the
Bill, published on 20 January 2022, click
here. 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
is due to receive its second reading on
2 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. 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.
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.
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.
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R (On the Application Of
ZLL) v Secretary of State for
Housing, Communities and Local
Government [2022]
EWHC 85 (Admin)
The court found that the claimant’s
application for judicial review of the
government’s rough sleepers initiative
“Everyone In” failed as the issues of
concern raised were for political debate
and did not breach objective legal
standards.
Background
The Everyone In initiative was rolled
out at an early stage of the pandemic to
get rough sleepers off the streets
during the pandemic due to their
vulnerability and the need to prevent
others from being infected.
This claim was brought by a Chinese
national who came to the United Kingdom
in 2002 and whose visa expired in 2004.
He had spent many years rough sleeping.
In April 2021 he approached Camden LBC
for accommodation, relying on the
Everyone In initiative. Camden LBC
accepted that it had a discretion to
accommodate him but said it had decided
not to exercise that discretion in his
case because he had no recourse to
public funds (NRPF) and was not within
the “most vulnerable and at risk” group
of rough sleepers. A separate claim for
judicial review challenged that decision
and had been stayed pending resolution
of this claim.
This claim for judicial review
challenged the Defendant’s decision to
end the Everyone In initiative on two
grounds:
(1) breach of a public law duty by
adopting an unpublished position in
non-conformity with published Government
policy; and
(2) breach of a public law duty in not
conducting prior consultation with
Shelter.
Legal principles adopted by the
court
The court identified the following
propositions as being relevant to ground
(1):
- A local authority can only exercise
powers conferred by statute and does
not have any common law powers;
- The court in R (Ncube) v
Brighton and Hove City Council
[2021] EWHC 578 (Admin) found that a
local authority could provide
accommodation to a NRPF rough sleeper.
It could exercise the power to provide
temporary accommodation under s.138 of
the Local Government Act 1972 (powers
with respect to emergencies or
disasters) to do so. A local authority
could also exercise the power in s.2B
of the National Health Service Act
2006 (steps for improving the health
of people in the area);
- In exercise of the above powers, a
local authority can take blanket
action to accommodate all NRPF
individuals;
- There are contexts in which it is
legally necessary for public authority
powers to be circumscribed by means of
the issuing of prescriptive policy
guidance;
- Prescriptive policy guidance, which
has been issued, may in law need to be
published;
- Prescriptive policy guidance may be
issued from one public body to
another;
- Public law recognises a basic duty
on the decision-maker to act in
conformity with that policy guidance,
absent good reason for departing from
it. If there is a new policy which
replaces the published policy
guidance, the new policy must itself
be published;
- The above duty of conformity means
an individual has a right to have
their case considered under any such
policy;
- The role of the court arises
notwithstanding that the choice of the
contents of any prescriptive policy
guidance are for the relevant public
authority, subject to the
reasonableness duty. The application
of prescriptive policy guidance to an
individual case will be a question for
the primary judgment of the
decision-maker, though the
interpretation of the policy guidance
in principle engages a hard-edged
question for the judicial review
court.
Ground 1
The court set out a detailed timeline of
announcements and communications
launched by the government over the
course of the pandemic [8-37].
The court agreed that there had been an
‘elusiveness, a fluidity, and an
ambiguity in those communications’ [44].
However, it concluded that the
resolution of any ambiguity belonged ‘to
the arena of public opinion, and of
political and democratic accountability’
for the following reasons:
- The case put forward by the
Claimants would in effect lead to all
rough sleepers having the rights under
the Everyone In initiative;
- The statements of Government
“policy” in relation to the Everyone
In initiative were not, by their
nature, statements of prescriptive
policy guidance. They did not purport
to set out definitive decision-making
criteria for local authorities; still
less did they do so on an open-ended
basis [46];
- The statements of Government
“policy” in relation to the Everyone
In initiative arose in the specific
context of the pandemic and did not
purport to communicate an ‘open-ended’
position [47];
- The Everyone In initiative was not
framed as a programme, supported by a
continuum of designated funding [48];
- The emphasis – on individualised
assessments, on close regard to the
limits of statutory powers, on
difficult judgments (especially in the
context of NRPF individuals), and on
vulnerable rough-sleepers – are
contra-indications to there being
enduring all-inclusive decision-making
criteria, as external prescriptive
policy guidance [48];
- The Government’s actions were
subject to the general public law duty
of reasonableness and subject to the
duty to act compatibly with Convention
rights under the HRA, neither of which
is said on behalf of the Claimant to
have been breached in this case [49].
Ground 2
The court dismissed this ground finding
that ‘the merits of whether and when to
engage with Shelter were questions for
the Defendant to evaluate and decide’.
Following the reasoning under ground 1,
the court concluded that there had been
no ending of a published policy
decision. Further, the four meetings and
various communications between Shelter
and the Defendant between March 2020 to
March 2021 did not constitute a
“continuous and intense dialogue”
capable of triggering a duty of
consultation.
Summary by Parissa
Najah, barrister, Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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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.
Reforming the leasehold and
commonhold systems in England and
Wales
The DLUHC is consulting on a number of
Law Commission recommendations that
would broaden access to enfranchisement
(buying the freehold) and the ‘right to
manage’ a building. The proposals would
increase the ‘non-residential limit’
from 25 to 50 per cent, allowing
leaseholders in buildings with up to 50
per cent non-residential floorspace to
buy their freehold or claim a right to
manage. The DLUHC is also considering
recommendations that allow leaseholders
to require that a landlord take on
leases for any non-participating units
following a collective enfranchisement;
the introduction of a non-residential
limit for individual freehold
acquisitions; and changes to voting
rights in right to manage companies. On
Commonhold, the Department is
considering how shared ownership
products could work in commonhold
settings; and the provision of
information for buying and selling a
commonhold property.
For the consultation, which closes on 22
February 2022, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Remedying breaches of the
Public Sector Equality Duty Katherine
Apps Local Government Lawyer
17January 2022 – to read the article, click
here
Build to rent’s glitzy
goldrush raises fears for social
housing Georgina
Quach Guardian 22 January 2022
– to read the article, click
here
RROs, company directors and
reasonable excuses Giles
Peaker Nearly Legal 23 January
2022 – to read the article, click
here
How co-operative housing
gave me the peace of mind I thought
I’d never find Rosie
Collington Observer 23 January
2022 – to read the article, click
here
The case for commissioning
Housing First through Rough Sleeping
Initiative budgets Alex
Smith Homeless Link 24 January
2022 – to read the article, click
here
Housing: recent developments
(December 21/ January 22)
Sam Madge-Wyld and Jan Luba QC Legal
Action – to read the article
(subscription required), click
here
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31 January 2022
Rent Officers (Housing Benefit and
Universal Credit Functions) (Amendment
and Modification) Order 2021 comes into
force
28 January 2022
Postponed second reading in the House of
Commons of the Homeless People (Current
Accounts) Bill (see Housing Laws in
the Pipeline)
28 January 2022
Postponed second reading in the House of
Commons of the Caravan Sites Bill (see Housing
Laws in the Pipeline)
2 February 2022
Second reading in the House of Lords of
the Building Safety Bill (see Housing
Laws in the Pipeline)
22 February 2022
Closing date for submissions to the
consultation on Reforming the leasehold
and commonhold systems in England and
Wales (see Housing Law
Consultations)
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