Housing

Council settles judicial review claim accepting that residence requirement under its housing allocation scheme discriminates against refugees and those fleeing violence

High Court hands down order requiring review and, pending amendment, for it to be disapplied to support people in similar circumstances

Round-up of recent Upper Tribunal housing case law

Round-up of recent decisions of the Housing Ombudsman

New rough sleeping data measures show that more than 8,000 people were sleeping rough in England in September 2023

DLUHC says new data framework will help measure progress in meeting its vision to end rough sleeping and help identify where action is needed to drive improved performance

Number of homeless households with children in temporary accommodation in England continues to increase to reach almost 70,000

New DLUHC figures also show that of the more than 4,000 households with children in B&B accommodation, more than half had been resident for more than the statutory limit of 6 weeks

Department of Justice and DfC consult on amending grounds for possession of secure tenancies in Northern Ireland where ASB or criminality has been proven

Amendments to bring in absolute possession grounds along the lines of those in Great Britain under section 84A of the Housing Act 1985 to be brought forward in a new Housing Bill

Government to introduce new powers in Criminal Justice Bill to deal with ‘nuisance rough sleeping’

Despite DLUHC consultation revealing 'limited support' for the measures, clauses in the Bill create both a 'move on power', and a 'prevention notice' which, if not complied with, can lead to a fine or imprisonment or both

Supreme Court gives guidance on extent to which budgetary constraints should be taken into account by court in deciding whether to order local authority to comply with homelessness duty

R (on the application of Imam) (Respondent) v London Borough of Croydon (Appellant) [2023] UKSC 45

High Court rules that a council’s decision not to exercise discretion to provide interim accommodation to a vulnerable claimant pending outcome of a statutory review was unlawful

Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea [2023] EWHC 2913 (Admin)

Leasehold and Freehold Reform Bill introduced to Parliament

Measures included in new government bill will make it easier and cheaper for leaseholders to buy their freehold, increase standard lease extension terms to 990 years for houses and flats, and provide greater transparency over service charges

Using discretionary powers to help HMO tenants and those in receipt of an infected blood compensation payment with their council tax bills

Government issues reminder to local authorities in England in new council tax information letter

Council tax help for those with a Homes for Ukraine immigration permission who are not living with a sponsor

DLUHC issues new guidance to local authorities in England further to new regulations that came into force in April 2023

Homes for Ukraine ‘thank you’ payments scheme extended into a third year

However, Autumn Statement 2023 also confirms that payments will remain at £500 per month

Housing Act 1988 (Amendment) Bill receives its first reading

Introduced in the House of Lords, Private Members' Bill makes provision to ensure that long leases are not deemed to be assured tenancies for the purposes of the 1988 Act

Change in date from which provisions relating to increase in the maximum amount of the ‘right to rent’ civil penalty come into force

New commencement order revokes and replaces previous commencement order due to error in that order as to when provisions come into force

Court of Appeal rules that a council was entitled to find a claimant whose conduct led to eviction from temporary hostel accommodation intentionally homeless, despite it being ‘not reasonable for him to continue to occupy’ in the long term

Kyle v Coventry City Council [2023] EWCA Civ 1360

Levelling Up Secretary warned No.10 in November 2022 that removing licensing requirements from HMO accommodation used to house asylum seekers would risk incentivising lower quality housing

Letter to Prime Minister ahead of the laying of draft regulations also said there was no evidence that the HMO licensing system created a barrier to housing asylum seekers