The Year in the Life of Housing Management

Thursday, 25th April 2013

Presented By:

Michael Owen Partner

Tel: 023 8048 3774

michaelowen@coffinmew.co.uk

So What’s Been Happening?

Benefit Reform (Housing Management Perspective/Impact on Tenants)

Public Law/Human Rights Challenges (by way of case law)

Squatters

ASB – New Remedies

Other (and case law update)

Welfare Reform

Welfare Reform Act 2012

Changes from April 2013

Universal Credit October 2013-2017

Benefit Cap (£350/£500)

Direct Payments

Size Criteria (Bedroom Tax – 14%/25%)

Service Charges

Higher Non-Dependant Deductions

Result

Won’t pay/can’t pay?

660,000 affected/20,000 no longer eligible for Housing Benefit

Loss/deduction in benefit

Inability/difficulty in paying rent

Loss of rental income

Increased arrears/bad debts/possession actions

Review policies/procedures

Increased homelessness

Support/advice to tenants

Considerations

Avoid litigation where possible

Information/Education

Information at sign-up

Risk assessment of existing stock

Communication (with tenants re finance management/rent arrears) – social networking?

Initiatives – benefit calculator

Arrears Avoidance

Discretionary housing payments

Lodgers (Agreements)

Down sizing

Rent in advance?

Other Considerations

Pre-Action Protocol

Good practice responses to reform (e.g. streamline arrears procedures, supporting tenants into work and to make claims, better use of stock, money management and benefit advice)

Allocations/mutual exchange – policies/procedures

Former arrears clause/Deed of Assignment/ Variation

Publications (CIH/Nat Fed)

Incentives to down size

Knock walls downs (only joking!)

N.B – space standard!?

Possession Proceedings

Grounds for possession 1 (Secure), 8, 10 and 11(Assured))

Reasonableness (Ground 9, protocol and see below)

Ground 8/public law challenge

Taj~v~Ali

LBC~v~Henry

Southwark~v~St Brice

Possession continued

Brief Court Managers on likely volume (Court User Group)/advise Judges (training)

Ensure transparent letters, visits, calls, texts, emails, Undertakings (one vision!?)

Use PCOL

Show offered tenant every possible assistance in getting ready to meet/avoid shortfall

Appeals

Post-eviction – just a thought – unintentionally homeless/priority need – get Local Authority to accept your accommodation as temporary accommodation. Size criteria doesn’t apply, therefore full Housing Benefit!!!?

Public Law/Human Rights (caselaw)

• Corby BC~v~Scott (2012)

• West Kent Housing Association~v~Haycroft (2012)

• Riverside Group Limited~v~Thomas (2012)

• Viridian Housing Group~v~O’Connoll (2012)

• Birmingham City Council~v~Lloyd (2012)

• Thurrock BC~v~West (2012)

• Birmingham~v~Howell and Beech (2012)

• Chesterfield BC~v~Bailey (2012)

Squatters

Section 144 Legal Aid, Sentencing and Punishment of Offenders Act (2012)

Introduces offence of squatting (criminal)

Criteria

A person is in a residential building as a trespasser having entered into such;

The person knows or ought to know that they are a trespasser; and

The person is living in the building or intends to live there for any period

N.B. Doesn’t cover persons holding over after e.g. a tenancy

Penalties (triable summarily – maximum 6 months in prison, fine or both

N.B. Section 7 Criminal Law Act 1977 (offence to displace a residential occupier)

N.B. Squatters rights!?

ASB Current Remedies

Possession (Grounds 12, 13 & 14)

Contractual Tenancy

Closure Orders (Crack house/premises)

ASBI

Demotion Orders

Miscellaneous (e.g. Dispersal Orders, Drinking Banning Orders, Parenting Orders, ASBO Intervention Orders, Individual Support Orders)

New Powers – Draft Bill published December

2012/Select Committee Report 15/2/2013

Injunction to Prevent Nuisance and Annoyance

Criminal Behaviour Order

Community Protection Notices

Public Spaces Protection Orders

Closure of Premises Associated with Nuisance or Disorder

Police Dispersal Power

New Proposals continued

• Mandatory ground for possession

• N.B. Extended locality (England riots)

• The Community Trigger

• Community Remedies

• Community Harm Statements

• When in force 2014/2015?

For Discussion

Access to courts (speed)

Judicial approach

Witness/victim protection

Information sharing

Specialist Court

PCCs

Other (and Case Law update)

New Case Management rules

The Prevention of Social Housing Fraud Act 2013

Birmingham City Council~v~Harrison (2011)

Birmingham City Council~v~Ashton (2012)

Bryne~v~Poplar Housing HARCA (2012)

Southend-on-Sea BC~V~Armour (2012)

Sims~v~Dacorum BC (2013)

Fareham BC~v~Miller (2013)

The content of this presentation is for general information purposes only. It does not constitute professional advice (legal or otherwise) nor should it be used as such for any specific situation. The information should be read in the context of the entire presentation. We therefore cannot accept responsibility

for any act and/or omission based on the material contained in it.

© Coffin Mew LLP 2013