NovemberLA_19_23 1/11/12 12:14 Page 19 November 2012 LegalAction law&practice/housing 19 figures show nearly 6,000 searches a day are Recent developments in conducted on HomeSwap Direct – an online scheme that identifies social rented homes available for mutual exchange across the housing law country: DCLG press notice, 20 August 2012.7 The total number of searches since it launched in October 2011 is shortly expected to reach 1.5 million. Evictions The latest court statistics show that 30,740 Nic Madge and Jan Luba QC continue their monthly series. They warrants of possession were issued to would like to hear of any cases in the higher or lower courts relevant repossess properties in the second quarter of 2012 and there were 13,194 actual to housing. In addition, comments from readers are warmly welcomed. repossessions made by county court bailiffs: Court statistics quarterly April to June 2012 (Ministry of Justice (MoJ), September 2012).8 POLITICS AND LEGISLATION Statutory homelessness: April to June quarter Of the actual evictions, 4,846 were on behalf 2012 England (DCLG, September 2012).2 of mortgage lenders. Homelessness in England The statistics also show that 51,640 On 9 November 2012, the amendments made homeless households were in temporary Social housing fraud by Localism Act 2011 ss148–149 to Housing accommodation in England on 30 June 2012, A new briefing paper on addressing fraud in Act (HA) 1996 Part 7 (homelessness) were seven per cent higher than on the same date in social housing has been published: How to … brought into force in England: Localism Act 2011. The National Housing Federation (NHF) tackle tenancy fraud (Chartered Institute of 2011 (Commencement No 2 and Transitional has published research showing that, despite Housing, 2012).9 Provisions (England) Order 2012 SI No 2599 the embargo on the use of bed and breakfast articles 1 and 2. The most important change (B&B) accommodation for homeless families Housing for ex-offenders enables local housing authorities in England to set out in the Homelessness (Suitability of The organisation Crisis has released a new end the main housing duty owed under HA Accommodation) (England) Order 2003 SI No report providing guidance to offender managers 1996 s193(2) by making a ‘private rented 3326, the number of homeless households in and supervisors about how they can best sector offer’. For an overview of the B&B in England as at the end of March 2012 support offenders to get homes in the private amendments and their intended effects see had increased by 44 per cent to 3,960 since rented sector: Finding and sustaining a home ‘Housing and the Localism Act 2011: the first quarter of 2011: NHF news release, in the private rented sector – the essentials. A homelessness’, December 2011 Legal 17 September 2012.3 guide for frontline staff working with homeless Action 21. The changes do not affect those The UK government has announced that offenders (Crisis, 2012).10 applicants who had applied for homelessness local housing authorities in England will receive assistance before 9 November 2012 and were £160m over the two years 2013/14 and Housing and anti-social behaviour on that date owed some form of accommodation 2014/15 in homelessness prevention grants: The House of Commons Library’s briefing note duty by a local housing authority: article 3 of DCLG press notice, 2 September 2012.4 The Anti-social behaviour – the government’s the Commencement Order. amount that each council in England is to proposals (August 2012) sets out the Premises that are the subject of a private receive is shown in Homelessness prevention background and content of the UK rented sector offer must be suitable for an grant – provisional allocations to local government’s latest proposals for reform of the applicant and his/her household. The authorities 2013/14 & 2014/15 (DCLG, tools designed to tackle anti-social behaviour.11 Homelessness (Suitability of Accommodation) September 2012).5 (England) Order 2012 SI No 2601, in force Squatting from 9 November 2012, sets out a list of Social housing allocation Legal Aid, Sentencing and Punishment of matters to which a local housing authority must There were 362,610 lettings of social housing Offenders (LASPO) Act 2012 s144 was brought have regard in determining whether or not such in England in 2011/2012, a two per cent into force on 1 September 2012. It creates a premises are suitable. As a result of a increase on 2010/2011: Social housing new offence in relation to trespass in consultation exercise, those factors include lettings & sales in England, 2011/12: residential property. The offence covers additionally the location of the property.1 To continuous recording (CORE) data (DCLG, squatting in all residential buildings whether or accompany the new Order, the UK government September 2012).6 Of those, 72 per cent of not the squatters entered before or after the has issued supplementary statutory guidance lets were by private registered providers and 28 commencement date. The MoJ has issued a in exercise of its powers under HA 1996 s182: per cent were by local authorities. Overall, 67 circular to the judiciary outlining the new Guidance for local housing authorities per cent of lettings were for general needs offence and offering guidance on it: Circular No (Department for Communities and Local social housing. The most common type of 2012/04 Offence of squatting in a residential Government (DCLG), October 2012). household taking up a general needs letting building (MoJ, August 2012).12 A revised The latest figures for statutory comprised a single adult aged under 60, either version of an information leaflet produced homelessness in England between 1 April with or without children (accounting for over 50 for homeowners who find squatters in 2012 and 30 June 2012 show that 12,860 per cent of lettings). occupation has been published: Advice on applicants were accepted as owed the main In addition to relettings, mobility in social dealing with squatters in your buildings (MoJ, homelessness duty in this period, nine per cent housing is achieved through mutual exchanges. September 2012).13 higher than during the same quarter of 2011: The UK government has reported that the latest In relation to non-residential property and NovemberLA_19_23 1/11/12 12:14 Page 20 20 LegalAction law&practice/housing November 2012 land, the UK government has called on Right to buy in Wales Article 8 councils in England to clamp down on illegal Part 1 (Suspension of the Right to Buy and Ⅵ Buckland v UK encampments on land and to stop Related Rights) of the Housing (Wales) App No 40060/08, unauthorised Traveller sites being set up. It has Measure 2011 was brought into force on 3 18 September 2012, issued new guidance to local authorities on the September 2012: the Housing (Wales) [2012] ECHR 1710 powers available to deal with such squatting: Measure 2011 (Commencement No 2) Order Ms Buckland was a Gypsy who occupied a Dealing with illegal and unauthorised 2012 SI No 2091. A local housing authority in pitch on a Gypsy and Traveller site owned by encampments. A summary of available powers Wales may now apply to the Welsh Ministers Neath Port Talbot CBC. Her licence to occupy (DCLG, August 2012).14 for a direction to suspend the right to buy and was terminated and the Gypsy Council began a related rights in its area for up to five years, possession claim against her. It alleged Housing and human rights provided it has completed a consultation substantial nusiance to other occupiers. At the The UK government has asserted that in the exercise and, in the light of that exercise, has date of the hearing, the county court could light of the Supreme Court judgments in concluded that the housing pressure condition suspend the operation of a possession order Manchester City Council v Pinnock [2010] is satisfied. The Housing (Wales) Measure (Caravan Sites Act 1968 s4) but could not UKSC 45 and Hounslow LBC v Powell [2011] 2011 (Consequential Amendments to refuse to make one. The court made an order UKSC 8, no further measures are necessary to Subordinate Legislation) Order 2012 SI No suspended for the maximum period. Ms address the judgments of the European Court 2090 makes provision for the statutory Buckland complained to the ECtHR that she of Human Rights (ECtHR) in McCann v UK modifications that would follow in those areas had not had an opportunity to ask the county App No 19009/04 and Kay v UK App No where the right to buy was suspended. court to decide whether or not her eviction 37341/06: Responding to human rights was proportionate. judgments. Report to the Joint Committee on The ECtHR found that there was a breach of Human Rights on the government response to HUMAN RIGHTS article 8. It stated that: human rights judgments 2011–12 (MoJ, September 2012, page 35).15 Article 6 ... the loss of one’s home is the most Ⅵ Vojtechová v Slovakia extreme form of interference with the right to Houses in multiple occupation App No 59102/08, respect for the home. Any person at risk of an The Licensing and Management of Houses in 25 September 2012, interference of this magnitude should in Multiple Occupation and Other Houses [2012] ECHR 1757 principle be able to have the proportionality of (Miscellaneous Provisions) (Amendment) A housing co-operative brought possession the measure determined by an independent (England) Regulations 2012 SI No 2111 came proceedings against a tenant for non-payment tribunal in light of the relevant principles under into force in England on 10 September 2012. of rent. The Civil Code provided that a tenancy article 8 of the convention, notwithstanding The regulations are designed to make it should not be terminated by a court where a that, under domestic law, his right to easier for landlords and their agents to renew tenant was ‘in material need’ and that situation occupation has come to an end (para 65).