Round up of housing law and news: September 2024
Legislation
First reading of the Renters' Rights Bill
The Renters' Rights Bill had its first reading on 11 September. The Bill intends to abolish assured shorthold tenancies and end section 21 'no fault' evictions. The Bill will introduce several new grounds for possession for assured tenancies, including grounds for when the landlord wants to move in or sell the property.
The Bill also intends to extend the provisions known as Awaab's law, and the Decent Homes Standard, to the private rented sector.
The second reading of the Bill is due to take place on 9 October.
Gov.uk: Renters' Rights Bill - Parliamentary Bills - UK Parliament
Case law
Mobile home pitch fee review notices
A mobile home owner might have to pay a pitch fee to the site owner. To increase the fee, the site owner must serve a notice and a document in a prescribed form on the mobile home owner.
Where the documents contain minor errors, such as an error in the address, the Upper Tribunal held that they can still be valid where a reasonable recipient would understand the form.
Hampton v The Berkeley Leisure Group Ltd [2024] UKUT 260 (LC)
Rent repayment orders
A property freeholder granted a tenancy to a company, and the company then granted a series of sub-tenancies, creating an unlicensed house in multiple occupation. The sub-tenancies were for a longer term than the company's tenancy, so they operated as an assignment of the company's tenancy. The sub-tenants continued to pay rent to the company.
The Upper Tribunal found that the freeholder was not liable to make payments under a rent repayment order. The freeholder was not the tenants' immediate landlord and the rent was paid to the company.
This followed the Supreme Court's decision in Rakusen v Jepsen [2023].
Kumar v Kolev & Ors [2024] UKUT 255 (LC)
County Court considers whether property fit for human habitation
The County Court considered a claim that a property was not fit for human habitation under section 9A of the Landlord and Tenant Act 1985. In assessing this, the court applied case law on whether a property was fit for human habitation under section 1 of the Defective Premises Act 1972. The County Court also held that expert evidence about health hazards was not a necessity for a court to find that a property was unfit for human habitation.
Judgment: Jillians v Red Kite Community Housing. County Court at Oxford. 24 September 2024
Nearly Legal summary: The meaning of unfitness - Nearly Legal: Housing Law News and Comment
News and guidance
Starmer announces intended changes to local connection rules
At the Labour party conference, the prime minister Keir Starmer announced the government's plans to change the rules on local connection for social housing allocations as they relate to veterans, care leavers and victims of domestic abuse.
Currently, people who have left the armed forces within the last five years are exempt from local connection rules to join social housing waiting lists. The government said that of veterans who need housing support, more than 80% left the forces more than five years ago.
BBC: Keir Starmer says all military veterans will get homes
Grenfell Inquiry publishes final report
The Grenfell Tower Inquiry has now published its final report. The Inquiry found that all the deaths at Grenfell were avoidable, and that the fire was 'the culmination of decades of failure by central government and other bodies'.
Gov.uk: Publication of the Grenfell Tower Inquiry phase 2 report
LGSCO criticises council for using outdated definition of domestic abuse
An investigation by the Local Government and Social Care Ombudsman into a homelessness application handled by the London Borough of Ealing found that Ealing had used the old definition of domestic abuse. The definition was changed by the Domestic Abuse Act 2021, which broadened the definition of domestic abuse, so that it is not limited just to physical abuse.
Government research into LGBT+ experiences of homelessness
The government has published research initially conducted between 2016 and 2019 into LGBT+ experiences of homelessness.
The report found that although there were no specific figures on the number of LGBT homeless people, LGBT people might be at a higher risk of becoming homeless than non LGBT people. The research also found that the needs of LGBT homeless people were not being fully met by support services.
Gov.uk: Lesbian, gay, bisexual and transgender people's experiences of homelessness
Government confirm no intention to introduce UK connection requirement for allocations
In early 2024, the government launched a consultation on introducing a requirement for people to have a connection to the UK in order to be allocated social housing. The new government has confirmed that it does not plan to pursue these proposals.
TheyWorkForYou: Social Rented Housing: 2 Aug 2024: Hansard Written Answers
Rough sleeping count discontinued in Wales
The Welsh government paused its rough sleeper count due to the covid-19 pandemic. The Welsh government has now announced that the count has been discontinued permanently. The government stated that the snapshot approach was not necessarily a true reflection of rough sleeper numbers.
Gov.wales: Proposals to stop the annual national rough sleeper count: summary of responses
Data and trends
73% of people on housing waiting lists experiencing harm to health
Research by Crisis and Lloyds Bank group found that of people surveyed:
73% of people on social housing waiting lists have experienced problems in their homes which are harmful to their health
62% of people said that conditions had negatively effected their mental health
55% of people said they feel their lives are on hold
61% increase in households affected by the benefits cap
Data from the Department for Work and Pensions shows that up to May 2024:
123,000 households had benefits capped up, a 61% increase from the previous quarter
87% of affected households have children
London and the South East have the most affected households
Gov.uk: Benefit cap: number of households capped to May 2024
Crisis: Over 60% rise in the number of households being hit by the benefit cap
The monthly round up of legislation, cases, news and data from Housing Matters