Housing

Explanatory information for written statements of new ‘occupation contracts’ in Wales

New statutory instrument

Requirement for landlord to ensure that dwelling is fit for human habitation under Renting Homes (Wales) Act 2016

Property Chamber issues practice statement on the matters a tribunal in England should consider when appointing a manager in order to resolve property management issues

New guidance to leaseholders, prospective managers, and landlords in England sets out detailed requirements that should be met by proposed managers

Housing Ombudsman makes finding of severe maladministration after council’s failures contribute towards six-year delay to fix resident’s leaking roof

London Borough of Ealing ordered to pay £3,600 compensation to resident for failures in complaint handling processes and delayed repairs

Government to provide ‘guarantee’ that leaseholders in medium-rise buildings will not face the cost of fixing dangerous cladding

New leaseholder protection forms part of government's new approach to fixing the 'broken system' of building safety in England

Round-up of recent Upper Tribunal housing case law

Shelter welcomes government’s instruction to local authorities in England to get everyone off the streets this winter and into safe emergency accommodation

However, CEO Polly Neate  warns that overstretched councils have been turning some people away, and so government must now double-down on its efforts to make sure no one falls through the cracks

Government announces £25 million funding for local authorities in England to accommodate rough sleepers in response to Omicron variant

Minister says that local authorities should make offers of safe and appropriate accommodation to all those rough sleeping, including those who may have previously been offered accommodation but rejected it or left accommodation

Requirement that a property must be let for a minimum of 70 days in a financial year to be classed as self-catering holiday accommodation for council tax purposes in Scotland

New statutory instrument introduces new rules from April 2022

Government announces £316 million Homelessness Prevention Grant for England in 2022/2023

Councils should use the funding to help people find a new home, access support for unexpected evictions and secure temporary accommodation where needed, says DLUHC

Court of Appeal rules that judge was wrong to accept that an earlier breach of the public sector equality duty in a possession claim was remedied by a housing authority’s evidence at trial

Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890

New legal duty proposed in Scotland requiring public bodies to ‘ask and act’ to prevent homelessness

Consultation launched by the Scottish Government and COSLA encouraging individuals and organisations to 'have their say' on changes to the homelessness system

Scottish Government launches consultation on proposals to deliver a ‘new deal’ for tenants

Plans include a national system of rent controls for the private rented sector, increased protection from illegal evictions, and stronger enforcement of housing standards

Covid-19-related modifications to notice of eviction requirements in Wales to remain in force until 24 March 2022

New statutory instrument

Court of Appeal rules that determinations on service charges by the First-tier Tribunal are declaratory and therefore not open to enforcement

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881

‘Concerning proportion’ of private renters live in unsafe or insecure conditions with limited ability to exercise their rights, says National Audit Office

New report calls on Department for Levelling Up, Housing and Communities to improve data on issues faced by tenants and develop clear strategy for regulation of the private rented sector

Ombudsman recommends council pays £2,000 compensation to family that waited more than three years for disabled facilities adaptations for their disabled child

Delay was so long that the child had outgrown the original proposals, while the council then made matters worse by failing to provide interim measures or keep in regular contact with the family