Housing news and case law

19 November, 2020

Ombudsman finds that council failed to meet requirements of Public Sector Equality Duty in its housing allocation policy

District Council's policy did not consider the needs of people with disabilities when excluding caregivers from qualifying for a local connection

19 November, 2020 Open access

Almost three-quarters of teachers report that COVID-19 pandemic has had more negative impact on homeless children than children in suitable accommodation

Shelter warns that survey results are a warning that homeless children must not become the invisible victims of the coronavirus pandemic

17 November, 2020

Court of Appeal rules that, where an offer of accommodation is made under main homelessness duty, suitability should be determined by reference to position at date the offer was made

London Borough of Bromley v Broderick [2020] EWCA Civ 1522

17 November, 2020

Government publishes social housing White Paper setting out proposals to give tenants a stronger voice and to help ‘refocus the sector on its social mission’

Measures include creation of a new arm of the Regulator of Social Housing to ‘proactively’ regulate standards, and a review of the Decent Homes Standard

16 November, 2020 Open access

Stay on bailiff enforcement of eviction action reintroduced until 11 January 2021

New statutory instrument brings measures into force from 17 November 2020

13 November, 2020

High Court rules that a judgment entered in default against a housing authority must be set aside as, although Acknowledgment of Service was received out of time, it was filed before judgment was entered

MB v RBG [2020] EWHC 3022 (QB)

12 November, 2020 Open access

New possession actions remained at unprecedented low levels in three months to September 2020

However, new MoJ figures show that significant volumes of ‘reactivation notices’ are now being received by courts

11 November, 2020

Scottish Justice Committee launches call for evidence on Domestic Abuse (Protection) (Scotland) Bill

Views on Bill's main provisions, that include new ground for a social landlord to recover possession of a property from a perpetrator of domestic abuse with a view to transferring it to the victim, invited by 4 December 2020

9 November, 2020

Court of Appeal rules that homelessness review decision made outside the permitted time limits was valid despite the longer time limit agreed by the parties having no precise end date

Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458

6 November, 2020 Open access

Government announces that bailiff action to enforce evictions will be halted, except in prescribed circumstances, in response to new coronavirus restrictions in England

Communities Minister confirms that there will be no bailiff action until 11 January 2021 at the earliest, with exceptions including illegal occupation, anti-social behaviour, and domestic abuse perpetrators in social housing

6 November, 2020 Open access

Government announces further £15 million in funding to help councils provide rough sleepers with accommodation over the winter

Funding to go to areas with highest numbers of rough sleepers, with priority given to those who are clinically vulnerable

6 November, 2020 Open access

Homelessness support and advice organisation urge government to reconsider new immigration rules targeting people sleeping rough for deportation

Letter to Home Secretary and Housing Secretary urges them to adopt the positive approach of the Everyone In scheme as we enter the second wave of coronavirus

6 November, 2020

Amendment of Civil Procedure Rules so that permission is required to issue writs of restitution

New legislation re-establishes previous requirement for permission as it ‘remains appropriate and should be restored’

5 November, 2020 Open access

Lord Chancellor writes to High Court Enforcement Officers Association with guidance on enforcement action during the new lockdown in England

Enforcement agents requested not to enter or attend residential properties for the purpose of enforcement by taking control of goods or, except in limited circumstances, for the purpose of enforcing a writ of possession or restitution

5 November, 2020

Glasgow City Council failed to comply with its statutory duty to offer temporary accommodation in almost one in three cases prior to COVID-19 pandemic

However, Scottish Housing Regulator finds that Council has subsequently reported almost full compliance

5 November, 2020

Private renters are living in insecure, sub-standard homes without an effective means to seek redress, says Shelter

Housing charity, in conjunction with Nationwide, puts forward package of regulatory, resourcing and legislative reforms that will make renting fairer for those in the private sector

4 November, 2020

Court of Appeal rules that application to determine terms of acquisition of freehold must be made to First-tier Tribunal and not county court

GR Property Management Ltd v Safdar & Ors [2020] EWCA Civ 1441

4 November, 2020 Open access

Labour calls on government to reinstate the ban on evictions and repossessions in light of ongoing COVID-19 situation

Shadow Housing Secretary also highlights need for a 'credible long-term plan' to ensure that no-one loses their home due to coronavirus

3 November, 2020 Open access

Labour calls on government to urgently re-start ‘Everyone In’ initiative to protect rough sleepers over the winter period

Shadow Housing Secretary also asks that only self-contained accommodation be used and that restriction for those with no recourse to public funds be lifted

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