Public Law Today Housing Newsletter

New roles: Newcastle is recruiting: Senior Solicitor/Team Manager - Housing and Litigation (to £49,575). Closing: 7 August. Also hiring:

Welwyn Hatfield: Senior Litigation Lawyer (to £40,994). Closing: 5 August.
Nuneaton & Bedworth: Housing Solicitor (to £35,934). Closing: 4 August.
Buckinghamshire: Planning & Highways Lawyer and Litigation Lawyer (both to £51,402).
Southampton and Fareham Legal Services Partnership: Solicitor - Place (to £49,398), Solicitor - Litigation (to £49,398) and Legal Assistant - Adult Social Care and Housing (to £28,785). Closing: 13 August.

Locum opportunity: Housing Lawyer (London; to £32/hr).

Event: Social Housing Law Update - MBL Seminars - 3 August - 09:30-17:15.

Books: Gypsy and Traveller Law This is the key reference guide for lawyers and advisers working with Gypsies and Travellers and an essential guide for local authorities and government bodies on their duties to the Travelling community. See also: A Practical Guide to Antisocial Behaviour Injunctions, Statutory Nuisance, The Law of Compulsory Purchase, A Practical Guide to the Homes (Fitness for Human Habitation) Act 2018, Cornerstone on Anti-Social Behaviour, Housing Regeneration: A Plan for Implementation and Housing Allocation and Homelessness Law & Practice Sixth edition (with CD-ROM)

Government sets out arrangements for resumption of possession proceedings in August
Legislation has been laid before Parliament setting out arrangements for managing the resumption of possession proceedings next month.

Ombudsman highlights council failings in relation to homelessness reduction legislation
Failures to meet new housing duties on councils have worsened the plight of some homeless people, the Local Government and Social Care Ombudsman has found.

High Court judge rejects challenge to £317 hourly rate allowed for council lawyers in housing dispute
A High Court has rejected a challenge to the Supreme Court costs office’s suggested rate of £317 an hour for assessing lawyers’ time in costs awards even though a freedom of information request submitted by the unsuccessful claimant revealed that it is 7.5 times more than the London Borough of Camden pays its legal staff.

Home Office issues guidance on 'Community Trigger' ASB case reviews
The Home Office has published guidance on the anti-social behaviour case review – also known as the “Community Trigger”.

Council secures reinstatement of part of penalty for failure to licence HMO
Thurrock Council has gained a partial victory in an Upper Tribunal (Lands Chamber) concerning the penalty for failing to licence a house in multiple occupation (HMO).

Ombudsman criticises council for mother of six left in bed and breakfast accommodation
A recently housed Haringey mother that had been living in a bed and breakfast since February 2020 was failed by her local council because it did not do enough to prevent her from becoming homeless, the Local Government and Social Care Ombudsman has said.

Reports from social landlords of anti-social behaviour surge during COVID-19
Reports of anti-social behaviour have increased by 43% since March, the latest COVID-19 impact monitoring report by Housemark has revealed.

Housing Ombudsman publishes new Complaint Handling Code
The Housing Ombudsman has published its new Complaint Handling Code in preparation for its assumption of greater powers at the end of the year.

North West social landlord to procure £13m+ legal services framework

The End is in Sight - but what then?

The government has set out how possession proceedings will be dealt with once the stay ends next month. Jane Talbot looks at the proposed approach and the issues that could arise.

Housing case law update - July 2020
Paul Lloyd, Sarah Christy and Catherine Craven round up the latest housing law cases from the county court to the Court of Appeal.

Stock transfer RPs and the use of mandatory grounds 7A
Yetunde Dania analyses a recent housing law case which, she says, will be a source of comfort to Large Scale Voluntary Transfer (LSVT) registered providers of social housing when they are seeking to recover possession based on ground 7A.

Renegotiating LSVT sharing agreements
We are seeing a steady stream of stock transfer housing associations re-negotiate their historic sharing agreements that originally formed part of their transfer agreement. Rob Beiley looks at the opportunities this presents.

Lifting the stay
A County Court judge has been persuaded to use its discretion to lift the general stay on possession cases in order to enable a claim to be finalised. Anya Newman explains why.

Access all areas: facilities rights are a big deal
Roy Pinnock and Amy Carter look at the thorny issue of access to facilities in larger schemes, and how it is being tackled in London in particular.

COVID-19, homelessness and rough sleepers: how to help persons ineligible for support
Tara O'Leary looks at what legal powers local authorities will have to deal with rough sleepers once lockdown ends.

FREE on demand webinars and podcasts:

Providing accommodation and support to those with an irregular immigration status - Catherine Rowlands, Peggy Etiebet and Tara O'Leary from Cornerstone Barristers.

Airbnb, Booking.com etc - can a tenant use their premises for such short-term occupation - Andy Lane from Cornerstone Barristers.

Property in quarantine - Part 2: Mixed-use headaches and hurdles - Katie Helmore and Simon Allison from Landmark Chambers.

Possession proceedings - Helen Tucker and Bex Sembuuze from Anthony Collins Solicitors.

42 Bedford Row: Specialist housing barristers

Regulator notifies large social landlords of plans to increase regulatory activity
The Regulator of Social Housing has this month told large social landlords that it intends to gradually scale up its regulatory activity as the pandemic situation eases.

Court finds it unlawful for landlords to operate 'no DSS' policy
A judge has ruled that it is illegal for landlords to operate ‘no DSS’ policies that refuse letting to people claiming benefits.

Man loses appeal over conviction for unlawfully subletting council home
A man from Wolverhampton has lost an appeal against his conviction for unlawfully subletting a council home

Trowers & Hamlins advises on social housing SONIA facility first
Trowers & Hamlins has advised Coastline Housing on its first SONIA based loan facility from Lloyds, which the law firm said was believed to be the first day one SONIA (Sterling Overnight Index Average) facility in the social housing sector.

Court of Appeal upholds "unparalleled" Housing (Wales) Act 2014 eviction rules
Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.

Charity appeals for urgent change in law to prevent mass evictions
Housing charity Shelter has called for emergency changes to the Housing Act to prevent large numbers of private renters from being evicted when the ban on evictions ends on 23rd August.

Appeal decision on NPPF Para 74 quashed: report
The Secretary of State for Housing, Communities and Local Government has consented to judgment over the decision to dismiss a developer’s appeal for a residential development of up to 90 dwellings, it has been reported.

Government to consult in autumn on changed approach to environmental impact assessment in planning
The Government is to launch a consultation later this autumn on changing the approach to environmental assessment and mitigation in the planning system, the Environment Secretary has said.

Draft Building Safety Bill published
The Government has published draft legislation that it says will provide the “biggest improvements to building safety in nearly 40 years”. Jonathan Turner and Louise Robling look at the key points.

Should I stay or should I go?
James Castle considers whether the automatic stay on possessions imposed by CPR PD 51Z applies to appeals to possession orders in the light of the Court of Appeal decision in London Borough of Hackney v Okoro [2020] EWCA Civ 681.

Landlord licensing in Wales
Must a landlord in Wales be licensed to serve a notice under section 8 of the Housing Act 1988? Justin Bates and Kimberley Ziya report on an important Court of Appeal ruling.

Helping Registered Providers raise funds quickly and efficiently in challenging times
The current pandemic has demonstrated not only the volatility of the financial markets but also the resilience and attractiveness of social housing as a safe haven for investors. David Moore, Louise Leaver and Deborah Rowntree discuss how registered providers can get the most out of the shift towards social housing.

Upper Tribunal revisits "What is an HMO?"
It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”). Christopher Hoskins outlines a recent Upper Tribunal case which revisited this issue as it affects blocks of self-contained flats.

Wholesale reform for residential leaseholders
Following the Law Commission's report on the valuation aspects of enfranchisement rights in January, the Commission has now published its recommendations as to what enfranchisement rights should be. William Bethune looks at what the law reform body has to say.

BOOST YOUR CAREER: Being a legal locum in local government
An increasing number of legal professionals are becoming locums. Rayhaneh Tehrani and Laura Smith explain the reasons why this is the case, and set out what they think candidates should consider when looking for jobs in local government.