Author: Editors

New Deal for Renting – Government’s Response (June 2022)

1.  The Government’s  White Paper: A Fairer Private Rented Sector (June 2022)1White Paper Paper A Fairer Private Rented Sector (June 2022) was published in June 2022. 

2. Published alongside it was the Government’s response to the 2019 consultation on abolishing “no fault” evictions under section 21 of the Housing Act 1988 – A New Deal for Renting – Resetting the balance of rights and responsibilities between landlords and tenants: Government Response.2 A New Deal for Renting Resetting the balance of rights and responsibilities between landlords and tenants (June 2022). This document provides more detailed proposals arising from the abolition of section 21 including exceptions to be made for supported accommodation providers.

3.  The table below contains extracts from the response that relate to the supported housing sector.

A New Deal for Renting – Government Response – supported housing extracts

Introduction
Para. 4 in Government Response

On 21 July 2019, the government launched a twelve-week consultation seeking views on how Section 21 had been used, and how and when landlords should be able to regain possession using reformed Section 8 grounds. This consultation also sought views on the implications of removing assured shorthold tenancies and whether the reforms should be extended to other types of landlords, including private registered providers of social housing and providers of supported accommodation.

Supporting vital sectors
Para. 20 in Government Response

In some sectors, regaining possession is vital to offering support services or ensuring businesses continue to be viable. We will provide new, specialist possession grounds to support providers of temporary and supported accommodation. 

Prioritisation
Para. 87 in Government Response

The Government recognises the importance of both landlords and tenants’ access to efficient justice, particularly in cases which are causing significant mental or physical harm to the tenant, housemates, landlord or community. Expedited repossession is also necessary to ensure specific sectors can continue to function. We will work with the Ministry of Justice to review the time taken for first possession hearings to be listed by the courts for the anti-social behaviour, supported accommodation and temporary accommodation grounds. This is subject to approval by the Civil Procedure Rule Committee and possible consultation.

Chapter 3: Supporting vital sectors
Para. 98 & 100 in Government Response

Our reforms will have a vital role in levelling up communities around the country and will affect many people and organisations outside the traditional Private Rented Sector. This includes private registered providers (PRPs) of social housing, supported housing, the homelessness and student accommodation sectors, as well as agricultural and religious organisations. We have analysed the responses to the consultation and worked closely with these sectors to consider the impact of our reforms, and will continue to consult stakeholders as we prepare and implement legislation.

Stakeholders have rightly stressed that their sectors sometimes need to take back possession for reasons not covered in existing grounds for possession. This includes where housing is being provided temporarily for emergency situations, or it would not be safe or viable to continue the tenancy, for example in the supported accommodation sector.

Supported Accommodation
Paras 108 & 109 in Government Response

Supported Accommodation is housing that is accompanied by a support or care element. According to the 2016 Supported Accommodation Review, around 200,000 people live in supported housing at any one time, and 76% of providers of supported accommodation are private registered providers who use ASTs in many cases.

Non-PRS housing providers have expressed most concern about the impact of these reforms on the supply of supported accommodation. The sector provides a wide range of housing for residents with diverse needs, who may be vulnerable or at a critical life stage. Funding or support elements can change at short notice, and providers need additional flexibility to continue to provide property safely. Stakeholders have been very clear that they need to be able to regain possession to prevent accommodation remaining occupied by individuals for whom it is not appropriate, and to maintain the viability of providers.

New, limited ground(s) for possession for providers of supported accommodation
Para. 110 in Government Response

We will introduce new, limited ground(s) for possession for providers of supported accommodation covering clearly defined circumstances that have been identified in discussion with the sector. These will include where:

• The tenancy was intended to be short-term from the outset and that term has come to an end
• The funding or support element has ended naturally or dropped away unexpectedly, or been reconfigured so it no longer meets the tenant’s safety and wellbeing needs
• The support is no longer in line with tenant’s needs, which may have increased or decreased, meaning the arrangement is no longer safe or necessary for the resident
• The tenant is not engaging with the support
• A shared housing arrangement has undergone significant changes (e.g., tenants moving out) and its closure or reconfiguration is necessary for the feasibility of the scheme

Mainly mandatory grounds
Paras. 111 & 112 in Government Response

These grounds will be mandatory, with the exception of when the tenant is not engaging with the support, where there is particular scope for differing views between parties. We will continue engaging with stakeholders ahead of legislation to refine our proposals, including on how to define who can use the new grounds.

Stakeholders from the supported housing sector have also raised concerns about the complexity and length of time associated with taking possession through the courts. The notice period for the new ground(s) will be one month, and we will work with the Judiciary to review the time taken for first possession hearings to be listed by the courts for these cases.

Superior Leases
Para. 124 in Government Response

We will introduce a mandatory ground that will allow landlords to regain possession when a contractual lease is ending. To avoid misuse of this ground, we will allow only PRPs, providers of supported accommodation and specific agricultural businesses to use it. We are interested to hear from any other stakeholders who may need to access this ground.

A Grounds for possession
Annex A in Government Response

Landlord Circumstance Grounds
• A superior landlord requires vacant possession
• Mandatory
• 2 months
• Use of the ground is limited to private registered providers of social housing, providers of supported accommodation, and agricultural landlords where a superior lease/tenancy has come to an end and the superior landlord requires vacant possession to fulfil the terms of that lease/tenancy.

Grounds for Specialist Sectors
Annex A in Government Response

• Supported Accommodation
• Mandatory
• 4 weeks
• The ground will be restricted to landlords who are providers of supported accommodation and can be used when the tenancy was only intended to be short term, the funding/support element has ended or no longer meets the tenant’s needs, or a shared housing arrangement has undergone significant changes.

Grounds for Specialist Sectors
Annex A in Government Response

• Supported Accommodation
• Discretionary
• 4 weeks
• The ground will be restricted to landlords who are providers of supported accommodation and can only be used where the tenant is not engaging with the support on offer.

Notes   [ + ]

White Paper – A Fairer Private Rented Sector (June 2022)

1.  The Government’s  White Paper A Fairer Private Rented Sector (June 2022) is a precursor to a Renters Reform Bill (England). It includes a proposal to abolish ‘no fault’ evictions under section 21 of the Housing Act 1988 and replace it with a new tenancy system.1White Paper Paper A Fairer Private Rented Sector (June 2022) 

2.  More detailed proposals – including the exceptions to be made for supported accommodation providers are contained in the Government’s response to the 2019 consultation on abolishing section 21.

3.  The table below contains extracts from the White Paper that are of relevance to the supported housing sector.

White Paper –  supported housing extracts

2.1 The Decent Homes Standard in the PRS
Page 25

We have also announced our intention to introduce new powers for local councils to manage their local supported housing market and take action against poor quality providers, helping ensure residents receive the support they should expect.

Case study: better compliance and raising standards: a partnership with Blackpool
Page 26

With funding from DLUHC, the Council will recruit an expanded local enforcement team to tackle exploitation in the local Private Rented Sector and supported housing market, driving up housing quality and protecting the most vulnerable. At the same time, the Council will run an information campaign to make sure that landlords understand their responsibilities and tenants know their rights.

Alongside this enforcement drive, Homes England will join forces with Blackpool Council, using additional funding to explore regeneration opportunities to improve Blackpool’s housing stock and quality of place.

There will also be further support for residents in supported housing, with funding to better standards of support and drive out unscrupulous providers.

Supported Housing Improvement Programme
Page 26

To increase quality and value for money in supported housing, we will invest a total of £20 million to fund local councils facing some of the most acute challenges as part of a three year Supported Housing Improvement Programme. This programme will provide councils with the capacity and capability they need to address local challenges. Alongside this, we will increase the consistency and impact of local efforts to drive up the quality of supported housing by publishing best practice, based on the approaches that councils found most effective in driving up standards.

3.2 Reformed grounds for possession
Page 33

We will introduce new, specialist grounds for possession to make sure that those providing supported and temporary accommodation can continue to deliver vital services. We will also ensure that Private Registered Providers continue to have access to the same range of grounds as private landlords ….

Chapter 5: Better Compliance and Robust Enforcement
Page 45

We have:  …

Funded local councils to boost their enforcement work. This includes awarding £6.7 million over the past five years to over 180 local councils to support innovation and a further £5.4m in 2020-2021 to five local councils to pilot improvements to supported housing.

Landlord experience
Page 75

The time taken for first hearings to be listed by the courts in cases of serious antisocial behaviour and in temporary and supported accommodation will be reduced, subject to Judicial agreement.

Glossary of key terms
Page 80

Supported housing: Accommodation where support, supervision or care is provided to help people live as independently as possible in the community.

Notes   [ + ]

Supported Housing (Regulatory Oversight) Bill 2022-23

1. A bill sponsored by Bob Blackman MP (Conservative) received its first reading on 15 June 2022.1Supported Housing (Regulatory Oversight) Bill 2022-23

2. A private Members Bill like this is indicative of the pressure for regulation of Exempt Accommodation, local authority oversight and enhanced enforcement powers.

3. The Bill’s content is now set out in our KnowledgeBank entry.

Notes   [ + ]

Supported housing scrutiny – Blackpool – outputs

1. In 2020 Blackpool embarked upon a scrutiny review of the provision of exempt accommodation in its area and also made a successful bid to participate in the Government’s pilot scheme.1 Blackpool Council, Supported Housing [last accessed: 3 March 2022]

2. It has now produced a final report together with:2 Blackpool Council, Supported Housing Scrutiny Review Final Report [last accessed: 3 March 2022]

  1. a market position statement
  2. a process outline for new providers
  3. standards and charter rights; and
  4. a quality standards self-assessment kit for providers.
     

3. The  sufficiency and market position statement identifies current and probable future need across numerous client groups.3 Blackpool Council, Market Position Statement – Supported Housing [last accessed: 3 March 2022]

4. Providers of new schemes are expected to follow a 7-phased process but this would require legislative change to make binding.4 Blackpool Council, Supported Housing New Phased Scheme Opening Process [last accessed: 3 March 2022]

5. A Quality Standard self-assessment toolkit for accommodation providers and landlords has been made available. It is to reflect the standards expected of providers of supported housing in Blackpool. It covers three quality areas:5Blackpool Council, Supported Housing – Quality Standards Toolkit [last accessed: 3 March 2022]

  1. accommodation,
  2. tenant support; and
  3. organisation and staff.

Notes   [ + ]

The Registered Provider-Managing Agent business model

1. Prospect Supported Housing decided it had to close. Having investigated the matter, the board published its findings in a report dated October 2021. The report is entitled “Safe Successful Sustainable: A shared vision for better homes, support and opportunities. An evidence-based account from a housing provider that chose to close”. The authors reflect on Prospect’s role as a regulated provider of leased-based supported housing in Birmingham, funded through exempt housing benefit. 1Safe Successful Sustainable: A shared vision for better homes, support and opportunities, Prospect,
October 2021

2.  Prospect’s report illustrates a common model of supported accommodation provision involving Registered Providers (RPs) and their Managing Agents. Since then a relevant court judgement has been published illustrating the details of this model.2Midland Living CIC v Prospect Housing Ltd [2021] EWHC 2622 (Comm)

Prospect’s key asks

3.  Learning from its past experience, Prospect’s key asks include that:3Safe Successful Sustainable: A shared vision for better homes, support and opportunities, Prospect, October 2021, page 41 

  1. the “role of Managing Agents” should “be well-defined with clear governance” structures; and 
  2. “the potential in the model for exploitation and criminality” be acknowledged.

Notes   [ + ]

HB Exempt Accommodation case law

wdt_ID Date Case Σ
1 16.02.17 AG v South Ayrshire Council [2017] UKUT 110 (AAC): [2018] AACR 18: CSH/360/2016 ✓
2 05.09.16 MMcF v Sefton Borough Council [2016] UKUT 403 (AAC): CH/1286/2016 ✓
3 26.11.14 Secretary of State for Work and Pensions v Nelson & Fife Council [2014] UKUT 525 (AAC): [2015] AACR 21: CSH/41/2014 CSH/42/2014 ✓
5 11.03.14 SS v Birmingham City Council and Secretary of State [2014] UKUT 137 (AAC): CH/1988/2012 CH/3332/2012
6 30.08.13 SS v Birmingham City and Secretary of State (interim decision) [2013] UKUT 418 (AAC): CH/1988/2012
7 21.06.13 Wirral Borough Council v Furlong, Perry, Salisbury Independent Living & the Secretary of State [2013] UKUT 291 (AAC): [2014] AACR 12: CH/1528/2012 ✓
9 15.02.12 DW v Oxford City Council [2012] UKUT 52 (AAC): CH/1344/2011 ✓
10 15.04.11 Aylesbury Vale District Council v ER [2011] UKUT 160 (AAC): CH/1961/2010 ✓
11 15.06.10 ET, Re [2010] UKUT 222 (AAC): CH/3677/2008 ✓
12 19.08.09 BM [2009] UKUT 162 (AAC): CH/2036/2008 ✓
13 04.08.09 Salford City Council [2009] UKUT 150 (AAC): CH/577/2009 CH/578/2009 CH/579/2009 CH/580/2009 CH/581/2009 CH/582/2009 CH/583/2009
14 15.06.09 Bristol City Council v AW [2009] UKUT 109 (AAC): CH/200/2009 ✓
15 12.06.09 Chorley BC v IT [2009] UKUT 107 (AAC): CH/150/2007 CH/151/2007 CH/154/2007 ✓
16 12.06.09 Chorley BC v EM [2009] UKUT 108 (AAC): CH/4432/2006 and others ✓
18 28.07.08 [2008] UKUT 20 (AAC): R(H)4/09: CH/779/2007 CH/1246/2007 CH/1247/2007 CH/2805/2007 ✓
20 05.02.08 CH/3528/2006 ✓
21 17.08.07 CH/779/2007 (interim decision) ✓
22 03.07.07 CH/1289/2007 ✓
23 07.03.07 R(H)7/07: CH/3811/2006 ✓
25 08.10.19 Allerdale BC v JD and others (by their respective appointees): [2019] UKUT 304 (AAC): CH/28/2019 CH/31/2019 CH/34/2019 CH/36/2019 ✓
26 17.10.07 R(H)6/08: CH/1246/2007 CH/1247/2007 (interim decision) ✓
27 09.07.07 CH/3900/2005 ✓
28 19.06.06 R(H)2/07: CH/423/2006 ✓
29 03.09.09 S, R (on the application of) v A Social Security Commissioner, the Secretary of State & Walsall Metropolitan Borough Council [2009] EWHC 2221 (Admin): [2009] 12 CCL Rep 654 (JR of CH/2751/2007)
30 19.01.09 East Hertfordshire District Council v KT [2009] UKUT 12 (AAC): CH/2726/2008 ✓
32 02.11.11 Carlisle City Council v SC [2011] UKUT 480 AAC: CH/1827/2010 ✓
34 19.12.08 S, R (on the application of) v Social Security Commissioner & Ors [2008] EWHC 3097 (Admin) (permission to apply for JR CH/2751/2007)
36 10.02.09 Wigan Metropolitan Borough Council v VF [2009] UKUT 28 (AAC): CH/1615/2008 ✓
40 01.12.08 CH/150/2007 and others (interim decision)*
41 23.12.14 CSH/250/2014
42 21.05.09 CH/1127/2008 CH/1130/2008 CH/1131/2008
43 05.05.15 CH/150/2015 CH/151/2015 CH/152/2015
44 30.03.11 CH/1766/2010
45 12.02.09 CH/2633/2008 (final decision)
46 22.12.08 CH/2633/2008 (interim decision)
47 11.12.07 CH/2751/2007 CH/27521/2007 CH/2753/2007 CH/2754/2007 CH/2755/2007 CH/2757/2007 CH/27581/2007
48 17.10.07 CH/2805/2007 (interim decision)
49 01.12.08 CH/4432/2006 & others (interim decision)
50 12.11.08 CH/760/2008
51 01.02.11 CH/890/2009
52 24.01.12 CSH/298/2011
54 30.11.16 Birmingham City Council v SS & Ors [2016] EWCA Civ 1211: [2017] 1 WLR 2251: [2016] WLR(D) 642: [2017] WLR 2251: [2017] HLR 6 (JR of [2014] UKUT 137 (AAC))

Judgment still required
* We have been advised by the Upper Tribunal that CH/150/2007 (interim decision) dated 1 December 2008 is unavailable. Please direct message us on Twitter if you have a copy of the decision we could use in the above table.

BAILII (British and Irish Legal Information Institute)

Many of the above link to judgments on the BAILII site.

Public sector information – Open Government Licence v3.0

The judgments in the above table contain public sector information licensed under the Open Government Licence v3.0. 

HB exempt accommodation – a misunderstood term?

“The support worker … was a good guy, I would say that, personally, but when it comes to the job of a support worker, no. I think he was a bus driver before and one guy for thirty or forty people, so I didn’t see how he could do it anyway” 1Risk, Safety and Wellbeing in Shared ‘Exempt’ Accommodation in Birmingham, England | Thea Raisbeck | September 2018

1. Support provided in HB exempt accommodation may not match expectations. It is not uncommon for residents, families and friends to express dismay at the level of support on offer.

2. Qualifying landlords can meet the HB legal requirements for exempt accommodation by providing just more than minimal care, support or supervision.

3. But the HB legal definition, on the one hand, simply does not match the everyday meaning of “supported housing”, on the other. The ordinary assumption is that the individual’s support needs will be met in full.

4. DWP and other bodies confuse matters by referring to “supported exempt accommodation” (a phrase not found in the relevant HB law).

5. “Supported exempt accommodation” gives the wrong impression. The term implies that a resident in HB exempt accommodation is supported and is having their needs met. So there are often inappropriate referrals and disappointment on the part of residents and their families.

6. The mismatch occurs with the understandable expectations others have when they hear the words “support” and “accommodation”.

Notes   [ + ]

Organisations consulted by MHCLG on new oversight regime

wdt_ID No Organisation
1 2 Associated Retirement Community Operators
2 1 Anchor
3 4 Blackpool Council
4 6 Chartered Institute of Housing
5 8 DePaul Charity
6 9 East Midlands Housing Group
7 12 Framework
8 13 Golden Lane Housing
9 14 Hanover
10 15 Home Group
11 16 Homeless Link
12 20 Homelessness Officers' Policy Network - Consultant
13 21 Homelessness Officers' Policy Network - Consultant
14 18 Homelessness Officers' Policy Network - Blackpool
15 22 Homelessness Officers' Policy Network - Dartford
16 26 Homelessness Officers' Policy Network - Hastings
17 27 Homelessness Officers' Policy Network - Leeds
18 32 Homelessness Officers' Policy Network - Peterborough
19 17 Homelessness Officers' Policy Network - Birmingham
20 19 Homelessness Officers' Policy Network - Camden
21 24 Homelessness Officers' Policy Network - Ealing
22 25 Homelessness Officers' Policy Network - Enfield
23 28 Homelessness Officers' Policy Network - London Councils
24 29 Homelessness Officers' Policy Network - Manchester
25 30 Homelessness Officers' Policy Network - Newcastle
26 35 Homelessness Officers' Policy Network - Southwark
27 23 Homelessness Officers' Policy Network - Durham
28 31 Homelessness Officers' Policy Network - Norfolk
29 33 Homelessness Officers' Policy Network - Plymouth
30 34 Homelessness Officers' Policy Network - Southend
31 36 Housing & Care 21
32 37 Housing Lin
33 38 Hull City Council
34 39 Local Government Association
35 40 London Councils
36 42 NACRO
37 43 National Housing Federation
38 44 Newcastle Council
39 45 Norwood
40 47 Refuge
41 49 Reside Housing
42 50 Rethink Mental Health
43 51 Riverside
44 52 Salvation Army
45 55 St Basils
46 56 St Mungo's
47 57 Stevenege Borough Council
48 61 Women's Aid
49 62 YMCA
50 54 Spring Housing Association
51 60 Wiltshire County Council
52 5 Care Quality Commission
53 48 Regulator of Social Housing
54 59 University of Birmingham
55 3 Birkbeck College
56 7 Crisis
57 10 Emmaus UK
58 11 Evolve Housing & Support
59 41 Look Ahead Care & Support
60 46 Phoenix Futures
61 53 Single Homelessness Project
62 58 Thames Reach

Notes

In a Freedom of Information request dated 7 November 2018 we asked the Ministry of Housing, Communities and Local Government (MHCLG) for a list of the organisations consulted in the development of its robust oversight regime for supported housing since the Government’s announcement on 9 August 2018.

The above table was supplied on 5 December under reference “Freedom of Information Act 2000 – 3959993”.

In their response the MHCLG added:

“We have also attended Supported Housing events run by the National Housing Federation at Manchester, Taunton, Birmingham, London and Cambridge to engage on oversight. We do not hold a list of organisations present at these events.”

Public sector information – Open Government Licence v3.0

The information within the table contains public sector information licensed under the Open Government Licence v3.0. 

Projected units of supported housing by client group in Scotland, 2015-2030

Projected demand for units of supported housing by client groups in Scotland is set out below.

Projected units for older people

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 4: Projected units of supported housing by client group in Scotland, 2015-2030 (Base case, in thousand units) page 6.

Projected units for people with a learning disability

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 4: Projected units of supported housing by client group in Scotland, 2015-2030 (Base case, in thousand units) page 6.

Projected units for working-age people with a mental health problem, physically disabled, sensorily impaired or single homeless

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 4: Projected units of supported housing by client group in Scotland, 2015-2030 (Base case, in thousand units) page 6.

Projected units for other working-age people

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 4: Projected units of supported housing by client group in Scotland, 2015-2030 (Base case, in thousand units) page 6.

 

Projected units of supported housing by client group in Wales, 2015-2030

Projections for units of supported housing by client groups in Wales are set out below.

Projected units for older people

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 3: Projected units of supported housing by client group in Wales, 2015-2030 (Base case, in thousand units) page 6.

Projected units for people with a learning disability

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 3: Projected units of supported housing by client group in Wales, 2015-2030 (Base case, in thousand units) page 6.

Projected units for working-age people with a mental health problem, physically disabled, sensorily impaired or single homeless

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 3: Projected units of supported housing by client group in Wales, 2015-2030 (Base case, in thousand units) page 6.

Projected units for other working-age people

Projected demand for supported housing in Great Britain 2015 to 2030 commissioned by the Department of Health (DH), on behalf of the Department of Communities and Local Government (DCLG), from the Policy Research Unit in Economics of Health and Social Care Systems (at the University of York, LSE and University of Kent), PSSRU Discussion Paper DP2931 (Mar 2017) Table 3: Projected units of supported housing by client group in Wales, 2015-2030 (Base case, in thousand units) page 6.
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