Housing

High Court rules that a council’s failure to comply with section 189A Housing Act 1996 duty to assess primary housing needs and set out steps to retain or secure suitable accommodation was unlawful

ZK, R (On the Application Of) v London Borough of Havering [2022] EWHC 1854 (Admin)

Amendments to Civil Procedure Rules to take account of new housing regime under the Renting Homes (Wales) Act 2016 from 1 December 2022

New statutory instrument

Court of Appeal rules that a council’s failure to provide evidence it had complied with its temporary accommodation acquisitions policy when making an out of borough placement was unlawful

Abdikadir v London Borough of Ealing [2022] EWCA Civ 979

Leasehold Reform (Disclosure and Insurance Commissions) Bill receives first reading in House of Lords

Bill includes provision for landlords to be prevented from recovering service charges where they have failed to comply with disclosure obligations, and to require them to disclose insurance policy commissions

More than 1,000 Ukrainian households found to be owed statutory homelessness duty in England

New DLUHC figures for period from 24 February to 1 July 2022 also show that 75 per cent of households owed a duty included dependent children

Leasehold Reform (Reasonableness of Service Charges) Bill receives first reading in House of Lords

New legislation includes provision to reduce service charges where they do not reflect the landlord’s actual costs of providing goods and services

New regulations issued making miscellaneous provision in relation to the implementation of the Renting Homes (Wales) Act 2016

New statutory instruments laid, including in connection with conversion of certain existing tenancies to 'occupation contracts', ahead of new housing regime commencing in Wales from December 2022

Welsh Government launches consultation on reforms to council tax including revaluation of all properties in Wales

Views sought on first phase of plan for system which 'rebalances the tax burden on households, funds services that benefit everyone, and has regular updates to keep the tax fair'

Outgoing Prime Minister appoints new Secretary of State for Levelling Up, Housing and Communities

Appointment of Greg Clark, former Secretary of State for Business, Energy and Industrial Strategy, follows last night's sacking of Michael Gove

English Housing Survey data highlights that more than 3.5 million homes failed to meet the Decent Homes Standard in 2020/2021

Findings from new analysis also show that more than 2 million of these failing homes had at least one ‘Category 1’ safety hazard posing a risk of death or serious injury

Court of Session rules that a fresh homeless application triggers local authority’s duties under the Housing (Scotland) Act 1987 unless it is based on exactly the same facts as a previous application

Reclaiming motion by Abdelwahab-kaba Dafaalla against City of Edinburgh Council [2022] CSIH 30

Housing Ombudsman makes two findings of severe maladministration concerning landlord’s failings in dealing with resident’s report of roof leak

Shepherds Bush Housing Association ordered to pay compensation of £775 in addition to the £1,208 previously offered and carry out remedial works to property to put right water damage caused by leak

Government announces package of measures to drive unscrupulous landlords out of the supported housing sector

Reforms will include a new £20 million Supported Housing Improvement Programme, minimum standards for support, and changes to housing benefit regulations

Government launches consultation on reforms to funding arrangements for the Homelessness Prevention Grant in England for 2023/2024 onwards

Views sought on proposals including updating the funding formula so that it reflects current pressures on temporary accommodation

Round-up of recent Upper Tribunal housing case law

Court of Appeal rules that when a council is deciding intentional homelessness it is not required to consider universal credit rates when assessing a claimant's reasonable living expenses in previous accommodation

Baptie v The Royal Borough of Kingston Upon Thames [2022] EWCA Civ 888

Amendment of council tax rules in Wales for those opening up their homes under the Homes for Ukraine scheme

New statutory instrument