Housing

Housing Minister sets out ‘improvements’ being made to Renters Reform Bill following concerns raised by MPs

However, Renters Reform Coalition says that changes are hardly an improvement and may make things worse, and that the Bill is fast becoming a Landlord's Charter

Majority of Scotland’s local authorities are using new powers to double council tax rates on second homes from April 2024

Minister says changes demonstrate the value of the agreement between the Scottish Government and COSLA to put policies in place that better meet the needs of local communities

Round-up of recent decisions of the Housing Ombudsman

Round-up of recent Upper Tribunal housing case law

Commencement of Social Housing (Regulation) Act 2023 provisions including in relation to Regulator’s new powers to authorise emergency repairs in specified cases of disrepair

New statutory instrument

Scottish Government introduces Bill to prevent homelessness and strengthen tenants’ rights

Housing (Scotland) Bill includes measures requiring social landlords and public bodies to 'ask and act' to prevent homelessness, the introduction of long-term private sector rent controls, and strengthened protections against eviction

Local authority failed to make effective decision to end duty to provide accommodation and so that duty continued

Bano, R (On the Application Of) v London Borough of Waltham Forest [2024] EWHC 654 (Admin)

Housing Ombudsman launches consultation for social landlords on its approach to developing new guidance on Good Practice in undertaking housing activities

Ombudsman confirms that proposed approach to good practice is to encourage all landlords to self-assess at the point they become aware of an issue rather than waiting for a complaint or escalation

High Court upholds decision refusing to grant freeholder relief from sanction for repeated failures to disclose relevant documents and consequent declaration that tenants could acquire freehold

Winchester Park Ltd v 1 Palace Gate Freehold Ltd [2024] EWHC 661 (Ch)

Lords Select Committee criticises government for ‘sitting on its hands’, having failed to establish a property agent regulator on the recommendation of independent working group four years ago

Letter to Secretary of State warns that the delay is impacting tenants, leaseholders and others by exposing them to continued malpractice

High Court dismisses claimant’s deposit penalty claim despite landlord failing to comply with specific requirements about information provision under statutory scheme

Lowe v Governors of Sutton's Hospital In Charterhouse [2024] EWHC 646 (Ch)

Temporary modification of method used by rent officers or First-tier Tribunal for Scotland to determine rent increases in Scotland following expiry of emergency rent control measures

New statutory instruments amend existing processes to ensure that rent increases can be limited to a maximum of 12 per cent for a one-year period after expiry of rent cap provisions on 31 March 2024

Average Band D council tax bills in England to increase by just over 5 per cent in 2024/2025

New DLUHC figures also confirm that all local authorities with social care responsibilities have opted to use some or all of the social care precept flexibilities to increase bills by up to 2 per cent

Miscellaneous amendments to primary and secondary legislation as a consequence of the Social Housing (Regulation) Act 2023

New statutory instrument

High Court rules that Secretary of State’s failure to collect statistical monitoring data in relation to accommodating pregnant and new mother asylum seekers breached PSED

DXK, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2024] EWHC 579 (Admin)

High Court rules that equitable doctrine of proprietary estoppel prevents assertion of a right to possession under a lease of part of a building that was subsequently extended and occupied by the claimant

El Massouri v Omani Estates Ltd [2024] EWHC 534 (Ch)

Welsh homelessness and housing organisations urge members of the Senedd to challenge UK Government’s plans to criminalise rough sleeping

Letter to Senedd Committee highlights that 'dehumanising' measures are at odds with the Welsh Government's own Ending Homelessness Action Plan