Round up of housing law and news: November 2024
Legislation
Right to buy discounts, a pilot of domestic abuse protection orders and social housing local connection rules for veterans.
Right to buy discounts reduced
The maximum discounts for new applications for the right to buy have been reduced from 21 November 2024 onwards. For example, the maximum discount for London was previously £136,420 and this has now been reduced to £16,000 in most boroughs. The changes also increase the relevant time period for the cost floor rule to 30 years.
The Housing (Right to Buy) (Limits on Discount) (England) Order 2024
Gov.uk: Right to Buy: buying your council home: Discounts - GOV.UK
Domestic abuse protection order pilot launched
The Domestic Abuse Act 2021 allowed for the creation of domestic abuse protection orders and domestic abuse protection notices. From 27 November 2024, these provisions will be piloted in Greater Manchester and the London boroughs of Bromley, Croydon and Sutton. The pilot will run for one year until 26 November 2025.
The orders can be made during possession proceedings in the County Court, as well as other court proceedings.
The Domestic Abuse Act 2021 (Commencement No. 6 and Saving Provisions) Regulations 2024
Local connection changes for veterans
Social housing allocation rules will be amended from 18 December 2024 to ensure that veterans will not have to meet local connection rules to join a local authority's housing register, regardless of when they served. Under the existing rules, only current members or veterans who have left the armed forces within the last 5 years are exempt.
Case law
Case law on out of time homelessness appeals, rent repayment orders, the right to buy and banned fees.
Out of time homelessness appeals
The High Court held that for a late County Court appeal against a local authority homelessness decision to be allowed, an applicant must show good reason for the whole delay in submitting the appeal, including the initial failure to meet the 21 day deadline and any further delay.
Idara v Southwark LBC [2024] EWHC (KB) (unreported)
Reported on Nearly Legal, 24 November 2024: Lateness - excusable and otherwise - Nearly Legal: Housing Law News and Comment
Rent repayment orders and immediate landlords
The Court of Appeal considered an appeal of a decision by the Upper Tribunal that the owner of a property could be subject to a rent repayment order as the immediate landlord, rather than the management company they had let the property to. The Court of Appeal agreed that the Upper Tribunal was justified to find that the property owner was the landlord.
Cabo v Dezotti [2024] EWCA Civ 1358 (06 November 2024)
Right to buy after death of the tenant
The Court of Appeal considered a joint right to buy application by a secure tenant and a family member submitted shortly before the secure tenant's death. The court held that the family member could still exercise the right to buy even though the local authority had not accepted that they met the qualifying criteria before the tenant died.
The family member was a deemed joint tenant under section 123(3) of the Housing Act 1985 after the application was made.
Howe v Brent London Borough Council [2024] EWCA Civ 1444 (27 November 2024)
Payments made before Tenant Fees Act did not invalidate section 21
The Court of Appeal considered whether a prohibited payment paid before the Tenant Fees Act 2019 came into force and retained by the landlord would prevent the landlord from serving a valid section 21 notice for subsequent statutory periodic tenancies. The court held that prohibited payments taken before the Act became law on 1 June 2019 did not invalidate the section 21 notice.
Switaj v McClenaghan [2024] EWCA Civ 1457 (28 November 2024)
News and guidance
Ombudsman recommendations, consultations on right to buy and social housing rents, and leasehold reforms.
LGSCO recommendations to improve public services
The Local Government and Social Care Ombudsman has found that councils are facing 'insurmountable hurdles' and problems outside of their control leading to 'rationing, de-prioritisation of complaints handling and poor administrative practice'.
Local authority handling of housing and homelessness problems is a growing area of complaints to the Ombudsman, and 84% of complaints received in 2023-24 were upheld.
Reforming right to buy consultation
The government has launched a consultation on reforming the right to buy. In addition to the recent reductions in the maximum discount, the government is proposing on further changes to when the right to buy can be exercised. The consultation is open until 15 January 2025.
Gov.uk: Reforming the Right to Buy - GOV.UK
Proposed social housing rent policy consultation
The government has published its proposals for a new rent policy in social housing for 2026 to 2031. The policy intends to allow social housing rents increase each year by CPI+1%. The consultation is open until 23 December 2024.
Gov.uk: Future social housing rent policy - GOV.UK
Increase in civil legal aid funding
The government has announced plans to increase civil legal aid funding, subject to a consultation planned for January 2025.
Gov.uk: Historic increase in legal aid to support most vulnerable - GOV.UK
Government proposes further leasehold reforms
On 21 November the Minister of State for Housing and Planning, Matthew Pennycook, made a statement setting out the government's plans for further reforms to the leasehold and commonhold system.
Parliament: Written statements - Written questions, answers and statements - UK Parliament
House of Commons library: Veterans and access to housing
This House of Commons library briefing covers the options open to veterans to gain access to housing.
Commons library: Veterans: Access to housing - House of Commons Library
House of Commons library: Support for care leavers
This House of Commons library briefing covers support services available to care leavers.
Commons library: Support for care leavers - House of Commons Library
Data and trends
Data and trends on section 21 notices, evictions by bailiffs and temporary accommodation.
108,000 section 21 notices served since government announced plans to abolish them
New figures from the Ministry of Justice show that:
since the government first committed to abolishing them, 108,000 households have received a section 21 notice
in the last year there has been a 23% increase in those evicted by bailiffs on section 21 no-fault grounds
Ministry of Justice: Mortgage and Landlord Possession statistics: July to September 2024 - GOV.UK
Shelter: No-fault evictions by bailiffs up 23% in a year - Shelter England
159,000 children living in temporary accommodation
The latest statistics from the Ministry of Housing, Communities and Local Government show that in England, as of June 2024, there were:
159,000 children in temporary accommodation, 15% higher than last year
123,100 households in temporary accommodation, 16% higher than last year
9,550 families with children in B&Bs or hostel accommodation, and 21% of these had been there for longer than a year
MHCLG: Tables on homelessness - GOV.UK
Shelter: 159,000 children homeless - Shelter England - Shelter England
The monthly round up of legislation, cases, news and data from Housing Matters