Housing news and case law

15 February, 2021 Open access

Ban on bailiff evictions in England to be extended for 6 weeks to 31 March 2021

Exemptions remain in place for the 'most serious circumstances', with measures being kept under review in line with the latest public health advice

15 February, 2021

MHCLG confirms allocation of £125 million to councils in England to support victims of domestic abuse

Funding will ‘help victims and their children access support such as therapy, advocacy and counselling in safe accommodation’

12 February, 2021 Open access

‘Substantial rent arrears’ exception allowing evictions during Covid suspension period does not apply where possession order made under section 21 even when rent arrears money order made at same time

[2021] EWHC 283 (QB)

12 February, 2021

Welsh Senedd passes amendment to Renting Homes Fees Act to correct legislative error leading to social landlords being unable to apply service charges for certain types of tenancy

Amendment adds service charges levied by a community landlord or supported accommodation provider to permitted payments under Schedule 1 to Act

11 February, 2021

Government action on cladding is ‘not enough’ and will still leave people in buildings with safety issues facing costs

As housing sector responds to new 5-point plan, Shelter Chief Executive says that the cladding scandal is not going anywhere until every single block of flats is made safe

10 February, 2021

Government sets out 5-point plan to protect leaseholders from the cost of replacing unsafe cladding on their homes

Housing Secretary says that landmark intervention will make homes safer and free those who did the right thing by saving for years to get on the property ladder to enjoy the homes

10 February, 2021

Court of Session rules that First-tier Tribunal has jurisdiction to consider claimant’s defence seeking ‘reduction’ of tenancy without it being made by a formal application

[2021] CSIH 11

10 February, 2021

Housing mediation pilot must not replace usual routes to access justice, says Law Society

Society President expresses concern that unrepresented tenants may feel pressured to undertake mediation, and may be misrepresented by mediators who are not housing dispute specialists

8 February, 2021

High Court considers whether claimant could rely on occupation of temporary accommodation after his right to occupy had been terminated in order to help acquire a local connection

[2021] EWHC 211 (Admin)

8 February, 2021

Government outlines details of its review of the Decent Homes Standard that will explore ‘if it is right for the social housing sector today’

MHCLG says the two-part review will run until Summer 2022 and is expected to result in a 'refreshed' Standard

3 February, 2021 Open access

House of Lords votes in favour of motion of ‘regret’ on limitations of regulations that extend protection from eviction for tenants in England

Regulations that extend eviction ban to 21 February 2021 and enable further exemptions from the ban are nevertheless approved

1 February, 2021 Open access

Practice Direction 55C updated to extend temporary provisions in relation to stayed possession proceedings

Update provides for 'interim period' to remain in force to 30 July 2021 and extends period for filing and service of a 'reactivation notice' to 30 April 2021

1 February, 2021 Open access

Scottish Government publishes guidance on local authority duties under the Unsuitable Accommodation Order

Guidance covers extension of seven day limit on unsuitable temporary accommodation to cover all homeless applicants and delayed implementation due to Covid-19

28 January, 2021

Housing Ombudsman finds severe maladministration after affordable housing provider left family without effective heating and hot water system for more than eight months

Landlord ordered to pay tenant almost £1,500 compensation and also consider payment in respect of her actual losses

28 January, 2021 Open access

Almost 70,000 households in England were homeless or threatened with homelessness between July and September 2020

In addition, new statistics reveal that more than 90,000 households were in temporary accommodation on 30 September 2020

28 January, 2021

Amendment of date from which there is a requirement for fire detecting equipment to be installed in all housing in Scotland

New regulations move commencement date from 1 February 2021 to 1 February 2022 to allow for difficulties arranging works due to Covid-19 pandemic

27 January, 2021

Court of Appeal rules that a local authority can only recover possession during fixed term of Flexible Tenancy if tenancy has forfeiture clause and termination order has been obtained

[2021] EWCA Civ 77

22 January, 2021 Open access

Scottish Government introduces measures to prevent mortgage possession enforcement action during Covid-19 pandemic

New statutory instrument

19 January, 2021

Extent to which a provision dealing with service charges in a residential lease is invalidated by section 27A (6) of the Landlord and Tenant Act 1985

[2021] EWCA Civ 27

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