During an exchange about the speech by the Secretary of State yesterday (more on that later I suspect – I’d quite like to do a conference round-up piece), it occured to me that there are an awful lot of actual housing law consultations that haven’t had a response yet. I just wanted to pull them together in one place to get a feel for what sort of law reform we might see over the next few years and to try and see if there is a reason for the lack of a response yet. I’ve limited myself to documents issued on or after 1 Jan 2016. The full list is here.
There is a two stage review of the Mobile Homes Act 2013 ongoing. Well, assuming a rather liberal definition of “ongoing”. Part 1 ran from 12 April – 27 May 2017 and took the form of a call for evidence on some of the problems that exist around pitch fees (what they cover or, more accurately, what they don’t cover). It was, if I may say so, a rather sloppy document. There is, for example, apparently something called the Upper Tribunal (Property Chamber) and anecdotal – and unparticularised – complaints about confusing and complex title structures which seem to be causing problems for the licencing regime under the 2013 Act. No analysis has yet been published of the responses (and there can’t have been that many, surely?) but Part 2 was “…to be published in May 2017…” and was going to be “…a call for evidence on how effective local authority licensing has been, how well the procedures for selling mobile homes, making site rules and pitch fee reviews are working and whether ‘fit and proper’ controls need to be applied in the sector…”. No sign of Part 2 yet..
One of the bits of the Housing and Planning Act 2016 that has the potential to be quite useful is the new Banning Order regime. Under the Act, the Secretary of State has to specify what criminal offences may attract a banning order (in outline, if you are convicted of offence X then the local authority may apply to the FTT for an order banning you from letting/managing property for a period of years). The proposed banning order offences were consulted on between 13 December 2016 and 10 February 2017. Still no sign of a decision or a draft SI. Looks like this won’t now be in force before April next year as a result.
It may be that we suspect this one is likely to go ahead, but, between 7 April 2017 and 2 June 2017, the government consulted on banning fees charged by letting agents to tenants. Now, this is really easy. Ban it. The agent is not the agent of the tenant but of the landlord and should recover his fees from him. And, although done imperfectly, Parliament has already said (Accommodation Agencies Act 1953) that, in principle, tenants should not have to pay to find accommodation. If the Secretary of State had wanted an easy but headline catching announcement for the Tory conference, why not do this one? It’d certainly have got him better press than yet more money for Help to Buy.
We have just seen the closure of a major consultation on leasehold reform, covering everything from the prohibition of new leasehold houses to ground rent reform/abolition and the use of Ground 8 in long assured tenancies (eg shared ownership leases). A related consultation also covered proposals to allow Recognised Tenants Associations to obtain information about the leaseholders in a block, presumably so as to facilitate enfranchisement or RTM applications. In fairness to the DCLG, this one only just closed and they got around 6,000 responses.
The government has already announced that it intends to extend mandatory HMO licensing (i.e. PT 2, HA 2004) to all HMOs regardless of the number of storeys and will make a minimum space standard a mandatory HMO licence requirement. There was a further consultation on the mechanics of these reforms in October 2016…
Have I missed any? I know DCLG are busy. I know Grenfell is dominating their workload. But please could we deal with these consultations before any new law reform proposals are made?