Housing news and case law

10 May, 2021

Court of Appeal considers reasonableness of conditions imposed on landlord in relation to its failure to carry out a consultation in line with the Landlord and Tenant Act 1985 before carrying out major works

Aster Communities v Kerry Chapman & Ors [2021] EWCA Civ 660

7 May, 2021

Homelessness support and advice organisations condemn government’s plans to use rough sleeping as grounds for refusing or cancelling permission to be in the UK

Home Office guidance advising that policy should only be used in cases of anti-social or criminal behaviour ‘does nothing to put fears to rest’

7 May, 2021

Government’s plan to add more people to those subject to the no recourse to public funds condition is a ‘disaster waiting to happen’, says Shelter

Proposals outlined in New Plan for Immigration would increase destitution, putting people desperate to escape the streets at risk of exploitation, appalling housing conditions and modern slavery

6 May, 2021 Open access

LSE warns that the Covid-19 pandemic will continue to scar the private rented sector for many years to come

With one in five households in England renting, it is essential that action is taken to ensure that the sector remains sustainable to avoid 'catastrophic' problems in the future

6 May, 2021

Bill that allows social landlords in Scotland to end or transfer tenancy of a perpetrator of domestic abuse to the victim receives Royal Assent

Provisions under the Domestic Abuse (Protection) Scotland Act 2021 also include new powers for the police and courts to provide protection to a person at risk of abuse in the short term

5 May, 2021

High Court considers whether a council’s Housing Allocation Scheme unlawfully discriminated against households with disabled members

Nur & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1138 (Admin)

5 May, 2021

Communities Minister sets out plans to reform private rented sector in Northern Ireland

Legislation to be introduced that provides for a longer notice period and a requirement for a written statement of tenancy terms

30 April, 2021

Amendment of prescribed form for notice seeking possession of a property let on an assured tenancy or assured agricultural occupancy

New statutory instrument amends form to insert reference to protections offered by debt respite scheme which commences on 4 May 2021

29 April, 2021

Government confirms more support for domestic abuse victims and their children as Domestic Abuse Bill receives Royal Assent

Under the new Act, councils across England will have a legal duty to provide support such as therapy, advocacy and counselling in safe accommodation, including refuges

26 April, 2021

High Court rules that council’s queuing system for applicants owed the main housing duty who needed to move from unsuitable accommodation was unlawful

Elkundi & Ors, R (On the Application Of) v Birmingham City Council [2021] EWHC 1024 (Admin)

22 April, 2021

More than 95,000 households in England were in temporary accommodation at 31 December 2020, according to new government statistics

MHCLG figures also highlight that more than a quarter were in accommodation in a different local authority district

21 April, 2021 Open access

MHCLG housing survey highlights changing circumstances of households in England through the Covid-19 pandemic

Findings include that private rental arrears remain higher than they were pre-pandemic, while mortgage arrears have returned to pre-pandemic levels

21 April, 2021

Home Office issues guidance on amendments to Immigration Rules which added rough sleeping to the discretionary grounds for refusal or cancellation of permission to be in the UK

Guidance confirms that rules have been further amended to clarify that permission to stay may only be refused or cancelled where person has 'repeatedly refused suitable offers of support and engaged in persistent anti-social behaviour'

19 April, 2021

County Court rules for third time that ‘No DSS’ policies used by letting agents are unlawful

Shelter calls for new private renting regulator which can work proactively to make law-breaking agents and landlords change their ways

15 April, 2021

Court of Appeal rules that relief from forfeiture is discretionary and will depend on conduct even if requested before expiry of six month time limit under the County Courts Act 1984

Keshwala & Anor v Bhalsod & Anor [2021] EWCA Civ 492

15 April, 2021 Open access

One in 12 private renters has received a ‘no-fault’ eviction notice since March 2020

Survey commissioned by Generation Rent also shows that a third of renters in England fear they will lose their home in the year ahead

15 April, 2021

Welsh Government launches consultation on regulations that introduce new ‘occupation contracts’ to replace current residential tenancies in Wales

Views sought by 16 June 2021 on draft regulations made under the Renting Homes (Wales) Act 2016

13 April, 2021

Housing Ombudsman issues call for evidence on response of landlords to damp and mould issues

'Important and timely' investigation is first since publication of new Systemic Framework which allows for further investigation of issues beyond individual disputes

8 April, 2021

£3 million funding confirmed for 2021/2022 Homelessness Winter Transformation Fund

MHCLG grant funding managed by Homeless Link and Housing Justice will open for bids on 4 May 2021

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